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(A) Applicability. Pursuant to and in accordance with G.S. Chapter 160D, Article 8, subdivision approval shall be required before the division of land (for any purpose) into two or more parcels, except as expressly exempted below.
(B) Actions exempt from preliminary plat review. For the purpose of this Article "subdivision" shall be as defined in G.S. § 160D-802, and subject to the restrictions therein. Any subdivisions expressly exempted from all or a portion of the standards of this chapter shall still be required to meet the standards of G.S. Chapter 160D, Article 8, including the filing of a Final Plat.
(1) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resulting lots are equal to or exceed the standards of this chapter;
(2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
(3) The public acquisition by purchase of strips of land for water or sewer infrastructure or the widening or opening of streets or for public transportation system corridors;
(4) The division of a site in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this chapter;
(5) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. § 160D-29; and
(6) The division of a tract or parcel of land in single ownership when the following criteria are met (see G.S. § 160D-802(c):
(a) The tract or parcel to be divided is not exempted based on any of the criteria listed above in this division.
(b) No part of the tract or parcel to be divided has been divided under this division in the ten years prior to division.
(c) The entire area of the tract or parcel to be divided is greater than five acres.
(d) After division, no more than three lots result from the division.
(e) After division, all resultant lots comply with all of the following:
1. Any lot dimension size requirements of this chapter.
2. The use of the lots is in conformity with this chapter.
3. A permanent means of ingress and egress is recorded for each lot.
(C) No subdivision without plat approval.
(1) No person may subdivide land except in accordance with all of the provisions of this chapter. In particular, no subdivision may occur unless and until a final plat of the subdivision has been approved in accordance with the provisions of this section and recorded in the Johnston County Registry.
(2) The County Register of Deeds shall not record a plat of any subdivision within the town's planning jurisdiction unless the plat has been approved in accordance with the provisions of this chapter.
(3) Not all divisions of land constitute subdivisions that are subject to regulation under this chapter. However, to ensure that such divisions are in fact exempt from the requirements of this chapter, all plats creating a division of land shall be presented to the Planning Director before recordation in the Johnston County Registry and the Planning Director shall indicate on the face of the plat that the division is exempt from the provisions of this chapter if that is the case.
(4) No street shall be maintained or accepted by the town, or shall any street lights, water, or sewer be extended to or connected with any subdivision of land, or shall any permit be issued by any administrative agent or department of the town for the construction of any building or other improvements requiring permit,
upon any land for which a plat is to be approved, unless and until the requirements set forth in this chapter are in compliance.
(5) There are a variety of requirements for differing levels of resource protection in Article 5, which must be met prior to the subdivision of land.
(D) Delegation of authority. The Town Council delegates review and approval authority for all preliminary plats and final plats to the Planning Director, with review by the Technical Review Committee.
(E) Unlawful to record plat without final or preliminary plat approval. Except as described above, it shall be unlawful to offer and cause to be recorded any final plat within the town limits with the County Register of Deeds unless the plat bears the endorsement and approval of the Planning Director or Town Clerk.
(1) MINOR SUBDIVISION.
(a) A minor subdivision is a subdivision that does not involve any of the following:
1. Creation of a total of more than five lots;
2. Creation of any new public streets;
3. Extension of any water or sewer lines; or
4. Installation of drainage improvements through one or more lots to serve one or more other lots.
5. A traffic impact analysis as established in § 155.708.
(b) Minor subdivisions require minor preliminary plat review and final plat review.
(2) MAJOR SUBDIVISION.
(a) All other divisions of land not exempted in division (B) of this section or listed in division (F)(1) of this section shall be considered major subdivisions.
(b) Major subdivisions require major preliminary plat approval and final plat approval.
(G) Pre-application conference and sketch plan.
(1) All applicants seeking subdivision approval shall schedule a pre-application conference with the Planning Director, in accordance with § 155.702(A).
(2) At the time of the pre-application conference, applicants shall submit a sketch plan for review by the Planning Director. This plan should, in simple sketch form, show the proposed layout of streets, lots and other features in relation to existing conditions (see Planning Department for specific submittal requirements).
(3) The Planning Director shall make a determination as to which approval process authorized by this section can be used. The Planning Director may require the applicant to submit whatever supplemental information is necessary to make this determination.
(4) When a subdivision is to be developed in phases or stages, a master plan shall be submitted for the entire development and a preliminary plat shall be submitted for each individual stage. A final plat is submitted for individual stages as each stage is developed. Each new stage shall be developed adjacent to an earlier stage.
(H) Minor preliminary plat review (for minor subdivisions).
(a) The procedure for approval of a minor preliminary plat is intended to simplify processing of routine small subdivisions with due regard to protection of the public interest. The difference between the minor and major subdivision processes is that minor subdivisions do not require preliminary plat review.
(b) There shall be only one minor subdivision approved on any original tax parcel in any three-year period. This condition shall not apply to minor subdivisions for which the following conditions are met:
1. The owner and grantee certify that the grantee of each lot is the child or child and spouse, or grandchild and spouse of the owner;
2. The owner and grantee certify that no consideration shall be paid for any of the lots;
3. The owner and grantee certify that the purpose of the minor subdivision is not to circumvent the provisions of this chapter, and that none of the lots shall be conveyed to third parties for a period of not less than three years, and that the record plat shall indicate same.
4. Failure of any person to comply with the provisions of division (H)(1)(b)1., 2. and 3. of this section shall be in violation of this chapter, and all of the remedies available in G.S. § 160D-807 shall apply.
(2) Application requirements. All applications for minor plat review shall be submitted in accordance with § 155.702(C).
(3) Action by Planning Director.
(a) Upon submission of a completed application, the Planning Director shall schedule the minor subdivision plat for review by the Technical Review Committee. The Technical Review Committee shall review the plat for consistency with the requirements of this chapter. The Planning Director shall, after review by the Technical Review Committee, determine whether the plat conforms to the standards of a minor subdivision.
(b) If the minor subdivision plat is determined not to be in conformance with the requirements of this chapter, the application shall be denied. If the Planning Director should disapprove the preliminary plat, the reasons for such action shall be given to the applicant.
(4) Action following approval. Upon minor preliminary plat approval, the applicant may begin preliminary site work. All site work shall be performed in compliance with the requirements of this chapter, and other applicable regulations of the town, the County, and the state. The final plat may be recorded in the County Record of Deeds.
(5) Continuing validity of minor plats. Within 24 months of the date of approval of the minor subdivision plat, the applicant shall submit application for final plat review otherwise the minor subdivision plat shall be null and void.
(6) Minor plat approval criteria. Minor subdivision plats shall be approved only when the Planning Director, after Technical Review Committee review, finds that all of the following conditions exist:
(a) Consistency with the adopted plans and of polices of the town;
(c) The plat indicates that all subject lots will have frontage on existing approved streets;
(d) New or residual parcels conform to the requirements of this chapter and other applicable regulations;
(e) No new streets are required or are likely to be required for access to interior property;
(f) No drainage or utility easements will be required to serve interior property;
(g) No extension of public sewerage or water lines will be required; and
(h) The proposed subdivision will not adversely affect permissible development of the remainder of the parcel or of adjoining property.
(I) Major preliminary plat review (for major subdivisions only).
(1) Applicability. A preliminary plat shall be required for all subdivisions that do not meet the definition of a minor subdivision as set forth in division (F) of this section.
(2) Application requirements.
(a) All applications for preliminary plat review shall be submitted in accordance with § 155.702(C).
(b) A traffic impact analysis may be required if the proposed subdivision meets the thresholds established in § 155.708.
(3) Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with § 155.702(D).
(4) Neighborhood meeting. None required.
(5) Action by Planning Director.
(a) Upon submission of a completed application, the Planning Director shall schedule the preliminary plat for review by the Technical Review Committee. The Technical Review Committee shall review the preliminary plat for consistency with the requirements of this chapter. The Planning Director shall, after review by the Technical Review Committee, determine whether the plat conforms to the standards of this chapter.
(b) lf the preliminary plat is determined not to be in conformance with the requirements of this chapter, the application shall be denied. If the Planning Director should disapprove the preliminary plat, the reasons for such action shall be given to the applicant.
(6) Action following approval.
(b) Approval of a preliminary plat does not constitute approval of the final plat. Application for approval of the final (record) plat will be considered only after the requirements for final plat approval as specified in division (J) of this section have been fulfilled and after all other specified conditions have been met.
(7) Continuing validity of preliminary plats.
(a) Within 24 months of the date of approval of the preliminary plat, the applicant shall submit a final plat for at least one section of the subdivision otherwise the preliminary plat shall be null and void.
(b) For multi-phase developments greater than 25 acres, the preliminary plat shall expires seven years after approval and is subject to the requirements of G.S. § 160D-108(d)(4). As phases continue to receive development approvals or site specific vesting plans, the vesting period may extend past the initial seven year period according to the standards for those approvals.
(c) For preliminary plats also approved as master plans for Conditional Zoning Districts, the preliminary plat does not expire and runs with the land, or until a subsequent rezoning changes the district.
(d) Where more than one vested right may be in effect, the longer time period applies.
(J) Final plat review (major and minor subdivisions).
(1) Applicability. A final plat shall be required for all subdivision of land in the town and its extraterritorial jurisdiction.
(2) Application requirements. All applications for final plat review shall be submitted in accordance with § 155.702(C).
(3) Action by Planning Director.
(a) Upon submission of a completed application, the Planning Director shall within 60 days schedule the final plat for review by the Technical Review Committee. The Technical Review Committee shall review the final plat for consistency with the with the approved minor subdivision plat or approved preliminary plat, as applicable, and the general requirements of this chapter.
(b) Upon completion of the technical review, the Planning Director may approve the final plat, deny the final plat, or send the plat back for additional consideration.
(c) If the final plat is disapproved by the Planning Director, the reasons for such disapproval shall be stated in writing, specifying the provisions of this chapter with which the final plat does not comply.
(4) Final plat approval criteria. Final plats shall be approved when the following conditions exist:
(a) Consistency with the adopted plans and of polices of the town;
(b) The plat substantially complies with the approved minor plat or preliminary plat, as applicable;
(d) New and residual parcels will conform to the requirements of this chapter and other applicable regulations;
(e) All necessary right-of-way has been offered for reservation or dedication; and
(f) All necessary drainage easements have been provided.
(5) Endorsements on final plats.
(a) Minor plats. All minor subdivision final plats shall contain the following certificates:
1. Certificate of ownership;
2. Certificate of survey and accuracy;
3. Certificate of approval by the Planning Director; and
4. County Plat Review Officer's Certificate.
(b) Major plats.
1. All major subdivision final plats shall contain the following certificates:
A. Certificate of ownership and dedication;
B. Certificate of survey and accuracy;
C. Certificate of approval of water supply and sewage and disposal systems (county);
D. Certificate of approval of the design and installation of streets, utilities, and other required improvements;
E. Certificate of approval by the Town Manager, as applicable; and
F. County Plat Review Officer's Certificate.
2. All final plats located outside the corporate limits of the town, but within the planning jurisdiction, shall contain the following certificates:
A. NCDOT Engineer Certificate; and
B. Certificate of approval of non-municipal water supply and sewage disposal systems.
3. When required by the federal government, all final plats shall contain a certificate for a federally funded project.
(6) Action after approval.
(a) The applicant shall file the approved final plat with the County Register of Deeds for recording within 60 days after the date of approval. The Planning Director, upon receipt of a written request, may extend this date an additional 30 days, if the request is received prior to the original expiration date and the final plat meets all applicable provisions of this chapter.
(b) The approval of a final plat shall not be deemed to constitute or affect the acceptance or affect the acceptance by the town of the dedication of any street or other ground, public utility line, or other public facility shown on the plat. However, the town may, by resolution, accept any dedication made to the public of lands or facilities for streets, parks, public utility lines, or other public purposes, when the lands or facilities are located within its subdivision regulation jurisdiction. Acceptance or dedication of lands or facilities located within the subdivision regulation jurisdiction but outside the corporate limits of the town shall not place on the town any duty to open, operate, repair, or maintain any street, utility line, or other land or facility, and the town shall in no event be held to answer in any civil action or proceeding for failure to open, repair, or maintain any street located outside its corporate limits.
(K) Dedication and improvements.
(1) In the development of any subdivision requiring new or modified public infrastructure, the applicant shall be required to dedicate any additional right-of-way necessary to the width required by the town for streets adjoining the property, to install curbs and gutters and pave all streets adjoining the property to town standards, and to install sidewalks in accordance with the policies and requirements of Article 6.
(2) The applicant shall bear the costs of the installation of all on-site improvements as required by this chapter, including provision for surface drainage, pavement, landscaping, and utilities. Any applicant required to install or construct off-site improvements pursuant to this section may, with the approval as a condition of subdivision approval, and upon a determination by the Planning Director that such improvements are not necessary or desirable at the time, but will be needed in the future, make a payment in lieu of such improvements or part thereof. The amount of any such payment shall be an amount estimated by the town to be the actual and total installation and construction costs of such improvements. The amount paid for a given improvement shall be considered total and complete payment for the improvements considered, and will preclude any further assessment of the property in the event that the town elects to install such improvements at a later date.
(3) For all residential developments and master planned conditional zoning district involving a residential component approved after July 3, 1995, recreation and open space dedication, or payment of fee-in-lieu thereof in accordance with § 155.203(H) shall be required.
(L) Guarantees of improvements. Guarantee of improvements shall be made in accordance with § 155.607.
(M) Inspections of required improvements. Inspections of improvements shall be made in accordance with § 155.607(D).
(N) Modifications to approved plat.
(1) Minor modifications.
(a) Preliminary plat. Minor modifications to an approved preliminary plat shall be reviewed and approved by the Planning Director and TRC if the proposed changes are within the scope and intent of the original approval, meet all other standards of this chapter, and meet the criteria below. Such revisions may include but not be limited to:
1. Reducing the lot count or dwelling unit count up to 10%;
2. Modifying phase lines; and
3. Minor internal adjustments to lot or street locations of no more than 50' in any direction.
(b) Final plat. A final plat may be rerecorded to:
1. Revise or correct dimensions;
2. Change street names;
3. Add, delete or modify easements or private covenants; or
4. Change subdivision name.
1. Preliminary plat.
A. When minor modifications are proposed to an approved preliminary plat, the applicant shall submit an Administrative Amendment application to the Planning Director with a copy sent to the Technical Review Committee delineating the revisions and requesting authorization for administrative revision.
B. The Planning Director shall notify the applicant whether the proposed revision qualifies for minor modification and the basis for the determination. If approved, the final plat may be submitted in accordance with the revisions.
C. The Planning Director shall distribute copies of the revised plat to the appropriate agencies.
2. Final plat.
A. When minor modifications are proposed to an approved final plat, the applicant shall submit a written request to the Planning Director with a copy sent to the Technical Review Committee delineating the revisions and requesting authorization for administrative revision.
B. If the plat has been recorded, the applicant shall submit the recorded plat with a statement describing the revisions made and title block for the Planning Director signature, and date of signing.
C. If the ownership of the subdivision has changed or if any lots have been sold since the previous recording, an owner's and notary's certificates shall be provided on the plat for each current owner.
D. In addition to the letter and the revised final plat, the applicant shall submit the required fees to the Planning Director for processing and rerecording the revised plat.
E. The Planning Director shall distribute copies of the recorded final plat to the appropriate agencies.
(2) Major modifications. Proposed modifications to an approved preliminary plat or final plat not considered minor revisions shall be submitted and processed as new applications in accordance with the provisions of this section.
(O) Resubdivision and recombination procedures. For any replatting or resubdivision of land, the same procedures, rules, and regulations shall apply as prescribed for an original subdivision. Lot size and configuration may, however, be varied on an approved plat after recording, provided that:
(1) No lot or parcel of land shall be created or sold that does not conform to the minimum standards of the applicable zoning district;
(2) Easements or rights-of-way shall not be changed;
(3) Street alignment and block sizes shall not be changed;
(4) The character of the area shall be maintained;
(5) A recombination of existing parcels shall be approved by the Planning Director, subject to the following:
(a) The resultant lots are equal to the standards of this chapter or more closely conform to the minimum lot size standards in this chapter;
(b) The total number of lots is not increased;
(c) All the metes and bounds boundaries of the affected lots are shown;
(d) All lot boundaries changed or eliminated by requested combination are indicated by dashed lines;
(e) The title block contains the word "recombination";
(g) The recombination plat is signed by all property owners if either the number of lots is reduced or different owners for different lots are involved in the recombination;
(h) The recombination plat is signed and sealed by a registered surveyor;
(I) The recombination plat is certified by the Planning Director; and
(j) The recombination plat conforms to all laws and ordinances for the recordation of maps.
(P) Appeal. Final action on a final plat may be appealed to the Board of Adjustment in accordance with § 155.717.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2007-04-05, passed 4-2-07; Am. Ord. 2008-08-04, passed 8-4-08; Am. Ord. 2011-05-02, passed 5-2-11; Am. Ord. 2018-07-02, passed 7-16-18; Am. Ord. 2021-02-02, passed 2-15-21)