(A) Purpose
This Section sets forth specific provisions applicable to the review and approval of applications for subdivisions of land. These specific provisions supplement the common procedures set forth in Section 3.9.2.
(B) Applicability
A development plan and subdivision plat are required for all developments that meet the "subdivision" definition (see Chapter 12), except that only plat recordation is required for the division of a tract or parcel of land in single ownership if all the following criteria are met:
(1) The tract or parcel to be divided is not exempted under subdivision (2) of the definition of Subdivision in Section 12.4.
(2) No part of the tract or parcel to be divided has been divided under this subsection in the ten (10) years prior to division.
(3) The entire area of the tract or parcel to be divided is greater than five (5) acres.
(4) After division, no more than three (3) lots result from the division.
(5) After division, all resultant lots comply with all of the following:
(a) All lot dimension size requirements of the applicable land-use regulations, if any.
(b) The use of the lots is in conformity with the applicable zoning requirements, if any.
(c) A permanent means of ingress and egress is recorded for each lot.
(C) Prerequisites for Other Approvals
(1) No building permit or certificate of occupancy may be issued for any building, structure, or improvement located within a subdivision, and no plat for a subdivision may be recorded with the applicable Register of Deeds, until a development plan has been approved, all required dedications of land have been made, and all required improvements have been installed in accordance with the procedures and requirements of this section.
(2) The Town shall not accept or maintain any street, and shall not extend or connect any street lighting, water service, or sanitary sewer service to any subdivision of land, until and unless a plat for the subdivision has been approved and recorded in accordance with the requirements set forth in this Section.
(D) [Reserved]
(E) Review and Approval of Final Plats
(1) Required Dedications, Improvements, Payments, and Guarantees
Prior to approval of the plat, all dedications and improvements, or payments and guarantees in lieu thereof that are required by Chapter 8 of this Ordinance shall be installed on and/or finalized for the property.
(2) Application Requirements
An application for plat approval under this Section may be filed only by all of the owners of the property or by an agent, lessee, or contract purchaser specifically authorized by all of the owners to file such application. Where an agent, lessee, or contract purchaser files the application, the agent, lessee, or contract purchaser shall provide the Town with written documentation that all of the owners of the property have authorized the filing of the application.
(3) Application Filing
Preliminary copies and required fees for plat approval shall be submitted to the Planning Director.
(4) Planning Director Review and Approval of Plat
(a) Approval Criteria for Plats
The Planning Director shall approve the plat if it is in substantial conformity to the approved development plan and the applicant has carried out the improvements shown on the development plan and made all dedications and improvements, or payments and guarantees in lieu thereof, as associated with the approved plan and as required by Chapter 8. The district highway engineer shall be given an opportunity to make recommendations concerning a subdivision plat if the plat contains proposed State streets, State highways, or related drainage systems.
(b) Processing of Approved Plat
If all conditions and requirements for approval of the plat have been met, the Planning Director or designee shall sign all copies of the plat for recording. The Planning Department shall return the approved and signed copies to the applicant, one (1) of which the applicant shall file with the applicable Register of Deeds within thirty (30) days after approval.
(5) Effect of Approval of a Plat
The recording of the approved plat with the Register of Deeds shall authorize the subdivider, owner, or any subsequent developer of the property, to proceed with such applications for permits as this Ordinance may require for development on the property. No building permit may be issued until an approved subdivision plat has been recorded.
(6) Appeal of Denial
In the event the Planning Director denies a plat, an appeal may be made pursuant to G.S. 160D-1403(b).
(F) Actions by Register of Deeds
The Town shall file a copy of this Ordinance with the applicable county’s Register of Deeds. After that filing, the Register of Deeds shall not file or record a plat of subdivision located within the corporate limits or extraterritorial jurisdiction of the Town without the approval of the Town. The landowner shown on a plat submitted for recording, or his or her authorized agent, shall sign a statement on the plat stating whether or not any land shown on the plat is within the corporate limits or extraterritorial jurisdiction of the Town. The filing or recording of a plat without the approval of the Town as required by this Section shall be null and void. The Clerk of the Superior Court of the applicable county shall not order or direct the recording of a plat where such recording would conflict with this Section.
(G) Restriction on Sale or Transfer of Subdivided Land without Approved Plat
Any person who transfers or sells any land located within the corporate limits or extraterritorial jurisdiction of the Town by reference to a plat that has not been approved by the Town and recorded with the applicable county’s Register of Deeds shall be guilty of a misdemeanor with the exception of presale contracts as authorized in G.S. 160D-807. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties. The Town also may enjoin such transfer or sale by filing an action for an injunction.