(A) Development plan review and approval in accordance with this section is required prior to issuance of a land development permit for any development, subdivision or land use activity except for projects required by this subchapter to undergo special use review pursuant to § 152.053, below. The Land Use Administrator is authorized to relax the submittal requirements for certain development activities described below so long as the purposes and goals of this subchapter are not compromised and so long as such requirements are contained in an administrative order and made readily available to the public. The land use activities for which relaxed submittal requirements are permissible are as follows:
(1) Development of a single- or two-family dwelling on a zoning lot, or any uses accessory thereto;
(2) Any commercial, industrial, or institutional development consisting of less than 5,000 square feet of floor area;
(3) Addition of not more than 15% of previously existing parking spaces, or ten parking spaces, whichever is greater;
(4) Any sign;
(5) Any subdivision of a tract of land of five acres or less into five or fewer lots and involving no new public or private streets or roads, right-of-way dedication, easements, or utility extensions.
(B) Applications. There are two types of development plan review, preliminary and final, as described below. All applications for development plan approval shall be made to the Land Use Administrator on such forms as he or she may prescribe. Applications shall include, without limitation, the name and address of the applicant, the name and address of the owner of all the property involved, the relationship of the applicant and property owner(s) in connection with the application, and a development plan conforming to the specifications of division (D). If the applicant is other than the record owner of the property, the consent of the record owner to the application shall be noted on the application or in some other fashion acceptable to the Land Use Administrator. The application shall also designate an agent for the project to whom notice may be given by the town. The Land Use Administrator shall prescribe any other material that may reasonably be required to determine compliance with this subchapter and shall require sufficient copies for necessary referrals and records.
(C) Fees. A fee shall be paid to the Town of Franklin for each application for development plan approval to cover the costs of advertising and other administrative expenses. Such fee shall be set by a resolution of the Town Council.
(D) Review of preliminary development plans. Preliminary development plan approval is not required under this subchapter. It is recommended for large or complicated projects where the costs of developing detailed final plans can be substantial. It is designed to provide the applicant an opportunity to obtain at a reasonable cost binding authorization to develop property in a certain fashion. Review of preliminary plans is a function of the Land Use Administrator.
(1) Processing of applications for preliminary development plan approval. The Land Use Administrator shall conduct a preliminary review of an application to determine if it is complete, which is to say, all information requested on the application has been provided and the development plan contains all items required by division (D)(2)(a). If the Land Use Administrator determines that an application is incomplete, he or she shall notify the applicant in writing of all deficiencies. Once the Land Use Administrator determines the application to be complete, he or she may request an analysis to be made by qualified representatives of the town and such other agencies or officials as appear appropriate in the circumstances of the case, to determine compliance with applicable provisions of this chapter.
(2) Contents of preliminary development plan.
(a) Applicants for developments opting to undergo preliminary development plan review shall, as a part of the application for such development, submit a preliminary development plan which shall show the following:
1. The date of the development plan or submittal, including any revisions thereto.
2. The proposed title of the project and the name of the engineer, architect, landscape architect, planner and/or licensed surveyor; developer; and owner of record.
3. The north arrow point, scale at not greater than one inch equals 40 feet and such information as the names of adjacent roads, streams, railroads, subdivisions or other landmarks sufficient to clearly identify the location of the property.
4. Location of site by an insert vicinity map at a scale no less than one inch equals 2,000 feet.
5. Existing project zoning and zoning of adjacent property, to include properties abutting either side of a public right-of-way.
6. Town limits line, and/or extraterritorial jurisdiction boundary, or a note indicating that the project site and any adjoining parcels are totally within or without the town limits.
7. Names of adjacent property owners.
8. Boundary survey of site and the location of all existing easements, buildings, rights-of-way or other encroachments.
9. Location of 100-year floodplain and floodway, if applicable. Other significant natural features affecting the site including but not limited to wetlands, major rock outcrops and lakes or streams.
10. The proposed transportation network for the project including, but not limited to, the following:
a. All proposed streets, clearly identified as public or private, with proposed names, pavement widths and rights-of-way;
b. Sight distances for all entrances and exits and their relationship to street and driveway intersections within a 200-foot radius of the intersection of such entrance and exit with any public right-of-way;
c. All alleys, driveways, and curb cuts (provided further that, whenever any alley, driveway or curb cut will intersect with a public sidewalk and/or street maintained by the town, the development plan submitted shall include a form approved by the town's Public Works Director, demonstrating compliance with applicable regulations, including without limitation the North Carolina Department of Transportation Driveway Manual);
d. All handicap ramps;
e. Off-street loading and unloading areas;
f. Provisions for off-street parking spaces including calculations indicating the number of parking spaces required and the number provided;
g. Typical cross-sections of public or private streets; and
h. Pedestrian and bicycle facilities.
11. Preliminary utility layout, including design plans for location of the following:
a. Water mains, sanitary sewers, and functional fire protection systems to be installed prior to final plan approval, in accordance with adopted town policies and the town's Standard Specifications and Details Manual.
b. All utility or other pipes, wiring, conduits, cables, and fixtures, including but not limited to electrical, gas, telephone and telecommunications lines, fiberoptic cables and the like. All such lines shall be installed underground, except for transmission lines with a voltage of 115kV or greater or in situations where such placement is prohibited by law, or where such requirement is relieved by a variance.
c. Easements to be provided to the town for utility activities which shall include but not be limited to improving, upgrading, removing, inspecting, replacing, repairing, maintaining, using, and operating such pipelines, laterals, interceptors, mains, manholes, conduits, facilities, and related appurtenances as may be necessary or convenient for the receipt, conveyance, transmission, and distribution of water, reclaimed water, and/or wastewater and for access thereto. Where necessary, easements shall be centered along or adjacent to lot lines to the greatest extent practicable. Easements shall be sized in accordance with the town's Standard Specifications and Details Manual. No structures or other improvements shall be placed within any town utility easement. Ground covers or grasses may be planted within an easement. No trees or shrubbery of any size shall be placed within any town utility easement because of the need for access by utility maintenance personnel and line damage that tree and shrub roots can cause. Any improvements installed within the easement area are subject to disturbance or damage, and may be removed by the town. All permitted and special uses shall be connected to and served by public water and sanitary sewer services.
d. Where connection to public water and sanitary sewer systems is required, such systems shall be constructed to town standards, sizes, and specifications and dedicated to the town for operation and maintenance, thus allowing for the orderly expansion of the town, its water and sanitary sewer systems, and fire protection services, which protect the health of the town's citizens and environment.
e. Nothing in this section shall be interpreted as requiring the town to maintain individual service lines for water and sanitary sewer beyond their point of connection to the town's systems, which shall be and remain the responsibility of the property owner pursuant to town policy.
f. The requirements of this division may be relaxed, provided that the application is for one or more land use activities for which relaxed submittal requirements may be permitted by the Land Use Administrator pursuant to division (A) of this section.
12. Location and size of all existing and proposed entrances and exits to the site.
13. Proposed reservations or dedications for parks, playgrounds, school sites and open spaces and a note indicating ownership and maintenance provisions.
14. A survey showing tree line before site preparation with typical species and average diameter of trees indicated.
15. Preliminary landscape plan indicating screening, buffering, street trees, and typical ornamental plantings.*
16.
Any garbage disposal facilities must be located on the side or rear and screened.*
17. General location and intended use of all buildings with their dimensions, the number of floors, total floor area and maximum height above lowest ground point of each building.*
18. Notations to include the total project area, proposed lot areas (or individual areas to be owned by a homeowners association), the amount and percentage of the site to be covered by buildings, open space, streets and parking and other facilities.
19. General location, size, height, orientation and appearance of proposed signs.
20. General location of proposed project phasing lines and notation including special conditions pertinent to establishing sales or model units, if applicable.
21. A traffic impact analysis, if one is required by the terms of this chapter, demonstrating the project will comply with the requirements of § 152.060, below.
(b) Items marked with an asterisk are not required for development plan review of subdivisions which are not associated with applications for planned developments or special use permits.
(c) The Land Use Administrator has the authority to waive any application requirement where the type of use or scale of the proposal makes providing that information unnecessary or impractical. The Land Use Administrator may require additional information from the applicant where such is necessary to enable a fully informed decision on the matter.
(3) Standards for review. An application for preliminary development plan approval shall not be approved unless the Land Use Administrator determines that the application and preliminary development plan demonstrate compliance with this chapter, including the provisions of § 152.060, below, and other applicable regulations. The Land Use Administrator may impose such reasonable conditions on an approval as will ensure such compliance with this subchapter.
(4) Review by Town Council. Within 15 days of the date of the rendition of a decision of the Land Use Administrator, the applicant may file a notice with the Town Clerk requesting the Town Council to review such decision. Upon receipt of a written notice of review, the Town Clerk shall schedule a public hearing for the next available meeting of Town Council which shall render a decision based upon the standards for review contained in division (D)(3). Final development plan approval pursuant to division (E), below, shall not be granted until such time as the time to seek review as provided herein has passed or, if review is requested, until such time as the Town Council has taken final action on such application.
(5) Effect of preliminary development plan approval. Approval of a preliminary development plan entitles the applicant to the issuance of a land development permit upon payment of the applicable fee and submittal of an application and final development plans meeting the requirements of division (E), below. The applicant shall have two years from the date of such approval to obtain final development plan approval. An applicant who has been granted preliminary development plan approval shall be divested of the right to develop in accordance with such preliminary development plan approval if the applicant fails to obtain final development plan approval in accordance with this section.
(E) Review of final development plans. All development for which development plan approval is required shall undergo final development plan review, including development which has received preliminary development plan approval pursuant to division (D)(3), above, and development which has received a special use permit pursuant to § 152.053, below. Final development plan review is a final step prior to issuance of a land development permit. The process is intended to provide a means for town staff to review detailed plans to ensure the project meets development standards in this chapter as well as any other applicable regulations and any conditions which may have been imposed as a part of any preliminary or conceptual approval.
(1) Processing of applications for final development plan approval.
(a) The Land Use Administrator shall conduct a preliminary review of an application to determine if it is complete, which is to say, all information requested on the application has been provided and the development plan contains all items required by division (E)(3). If the Land Use Administrator determines that an application is incomplete, he or she shall notify the applicant in writing of all deficiencies.
(b) Once the Land Use Administrator determines the application to be complete, he or she may cause an analysis to be made by qualified representatives of the town and such other agencies or officials as appear appropriate in the circumstances of the case, to determine compliance with applicable provisions of this chapter.
(2) Standards for review. The Land Use Administrator shall render a decision in writing either approving or denying the application. An application for final development plan approval shall not be approved unless the Land Use Administrator determines that the application and final development plan (1) conform with preliminary development plan approval, if applicable, (2) conform with a special use permit, if applicable, and (3) demonstrate compliance with this chapter and other applicable regulations. If the decision is to deny the application, the Land Use Administrator shall recite with specificity the reasons for such denial.
(3) Contents of final development plan.
(a) An application for final development plan approval, other than final plat approval, shall be accompanied by a development plan showing the following:
1. The date of the development plan or submittal, including any revisions thereto.
2. The proposed title of the project and the name of the engineer, architect, landscape architect, planner and/or licensed surveyor; developer; and owner of record.
3. The north arrow point, scale at not greater than one inch equals 40 feet and such information as the names of adjacent roads, streams, railroads, subdivisions or other landmarks sufficient to clearly identify the location of the property.
4. Location of site by an insert vicinity map at a scale no less than one inch equals 2,000 feet.
5. Existing project zoning and zoning of adjacent property, to include properties abutting either side of a public right-of-way.
6. Town limits line or a note indicating that the project site and any adjoining parcels are totally within or without the town limits.
7. Names of adjacent property owners.
8. Boundary survey of site and the location of all existing easements, buildings, rights-of-way or other encroachments.
9. Existing topography and proposed finished contours at not more than two-foot intervals, with project bench mark clearly identified. Location of 100-year floodplain and floodway, if applicable. Other significant natural features affecting the site including but not limited to wetlands, major rock outcrops and lakes or streams. The Land Use Administrator may require topography at intervals smaller than two feet if such is necessary to permit an informed analysis of the development plan.
10. All proposed streets and/or driveways with proposed names, pavement widths and rights-of-way, and showing sight distances and their relationship to all street and driveway intersections within a 200-foot radius of the intersection of such entrances and exits with any public road. All alleys, driveways, curb cuts for public streets and handicap ramps, loading areas and provisions for off-street parking spaces and
sidewalks; calculations indicating the number of parking spaces required and the number provided. All streets shall be clearly identified as public or private; a typical cross-section of public or private streets and/or driveways shall be included. Whenever any alley, driveway or curb cut will intersect with a public sidewalk and/or street maintained by the town, the final development plan must include the approved design required for the preliminary plan set forth in § 152.052(D)(2)(c).
11. Utility layout, including location and size of existing and proposed water, sanitary and storm sewer lines, electrical transmission lines, gas pipelines, street lights, fire hydrants, and garbage disposal facilities. The layout must demonstrate compliance with the requirements for utility layouts set forth in § 152.052(D)(2)(a)(11), except to the extent that a variance has been granted as to such requirements or that the same have been relaxed by the Land Use Administrator pursuant to division (A) of this section.
12. Proposed reservations or dedications for parks, playgrounds, school sites and open spaces and a note indicating ownership and maintenance provisions. Include a copy of condominium declaration and/or maintenance agreements, if applicable.
13. A survey showing tree line before site preparation with typical species and average diameter of trees indicated.
14. Final landscape plan indicating screening, buffering, street trees, ornamental plantings, grass areas and erosion control plantings, and species list, including botanical and common names, sizes and quantities.
15. Proposed location and intended use of all buildings with their dimensions, the number of floors, total floor area and maximum height above average grade for each building.
16. Notations to include the total project area, proposed lot areas (or individual areas owned by a homeowners association), the amount and percentage of the site to be covered by buildings, open space, streets and parking and other facilities.
17. General location, size, height, orientation and appearance of proposed signs.
18. General location of proposed project phasing lines and notation including special conditions pertinent to establishing sales or model units, if applicable.
19. Site lighting plan.
20. Street profiles, if required by the Land Use Administrator.
21. A letter from the Macon County Erosion and Sedimentation Control Officer indicating that plans have been filed and approved. In those instances when a letter from the County Erosion and Sedimentation Control Officer is not required, the applicant shall demonstrate on the development plan and/or in such accompanying documents as may be necessary that the proposed development will comply with the mandatory standards contained in G.S. § 113A-57.
22. Any other permits required by the project.
(b) The Land Use Administrator may establish additional requirements for development plans, which may be triggered by conditions such as density, topography, location and anticipated traffic volumes on or near the site. In addition, if the Land Use Administrator determines that one or more of the above submittal requirements is not applicable to the proposed project, it may
be waived.
(c) If work does not commence within one year of the approval date on the Land Development Permit the permit will expire.
(4) Final plat requirements. The final plat shall be prepared by a registered land surveyor, licensed to practice in the State of North Carolina, must be drawn to a scale no less than one inch equals 100 feet, and shall meet the requirements of the Macon County Register of Deeds Office. All approved subdivisions, special uses, and boundary line change plats, plans, or surveys must be recorded within 30 days. No final plat shall be approved unless and until the subdivider has installed in the platted area all improvements required by this chapter or has posted improvement guarantees in accordance with this subchapter. The final plat shall contain the following:
(a) The exact boundary of the tract of land being subdivided showing clearly the disposition of all portions of the tract.
(b) Scale denoted both graphically and numerically with north arrow and declination. A vicinity map showing the location of the subdivision with respect to adjacent streets and properties.
(c) As built drawings and plans of all water, sewer, and storm drainage system facilities, illustrating their layouts and connections to existing systems. Such plans shall show all easements and rights-of-way, to demonstrate that the facilities are properly placed and the locations of all fire hydrants, blow-off valves, manholes, pumps, force mains, and gate valves are indicated. This information shall not be placed on the final plat but must be submitted at the time of request for final plat approval or release of any surety for required improvements, whichever comes later.
(d) Sufficient data to determine readily and reproduce accurately on the ground the location, bearing, and length of every street, alley line, lot line, building line, easement line, and setback line. All dimensions shall be measured to the nearest one-hundredth of a foot and all angles to the nearest second.
(e) The lines and names of all streets, alley lines, lot lines, lot and block numbers, lot addresses, building setback lines, easements, reservations, protected areas or required open space, the special flood hazard area, on-site demolition landfills and areas dedicated to public purpose with notes stating their purposes. The final plat shall contain the following statement:
“Areas delineated upon this plat or plan as a protection area or special flood hazard areas is subject to limitations upon development as set forth in the Town of Franklin Unified Development Ordinance, and any development, disturbance, or encroachment is prohibited except in accordance therewith.”
(f) The accurate locations and descriptions of all monuments, markers, and control points.
(g) Underground and aerial utility easements shall be shown.
(h) The name of the town in which the subdivision is located, the name of the subdivision, the name of the owner, the name, registration number, and seal of the registered surveyor under whose supervision the plat was prepared, and the date of the plat.
(i)
All the following certifications shall appear on the final plat, including the Zoning Certificate of Approved Nonconformity, if applicable:
1. Certificate of Survey and Accuracy. I, , certify that this map was (drawn by me)(drawn under my supervision) from (an actual survey made by me) (an actual survey under my super- vision) (deed description recorded in Book ,
Page____, Book , Page____, etc)(other); that the error of closure as calculated by latitudes and departures is 1:___, that the boundaries not surveyed are shown as broken lines plotted from information found in Book____, Page____; that this map was prepared in accordance with G.S. § 47-30 as amended. Witness my hand and seal this__ _ day of , A.D., (year).
_________________________
Official Seal
_________________________
License or Registration Number
2. Certificate of Ownership and Dedication. I hereby certify that I am (we are) the owner of the property shown and described, which is located in the subdivision jurisdiction of the Town of Franklin and that I hereby adopt this plan of subdivision with my free consent and establish minimum building setback lines, as required. Furthermore, I hereby dedicate all streets, alleys, walks, parks, and other sites and easements, to public or private uses as noted. Furthermore, I hereby dedicate all sanitary sewer, storm sewer, and water lines that are located in public utility easements or rights-of-way to the Town of Franklin. Furthermore, I hereby set aside in perpetuity for permanent preservation, all open space and protected natural areas as shown, described, or otherwise noted hereupon.
___________________ ___________________
Date Owner(s)
3. Certificate of Approval of the Design and Installation of Streets, Utilities, and Other Required Improve- ments. I hereby certify that all streets, utilities, and other required improve- ments have been installed in an acceptable manner and according to Town of Franklin specifications and standards or that guaran- tees of the installation of the required improvements in an amount and manner satisfactory to the Town of Franklin has been received.
___________________ _________________________
Date Land Use Administrator,
Town of Franklin
Town of Franklin
4. Certificate of Approval for Recording. I hereby certify that the subdivision plat shown hereon has been found to comply with the Unified Development Ordinance for Franklin, North Carolina, and that this plat has been approved by the Town of Franklin for recording in the Office of the Register of Deeds of Macon County. I further certify that the Town Council only accepts the dedication of the public open space as shown, if such parks are located within the corporate limits of Franklin, but assumes no re-sponsibility to open or maintain the dedicated open space until, in the opinion of the Town Council, it is in the public interest to do so.
___________________ _________________________
Date Land Use Administrator
5. Zoning Certificate of Approved Nonconformity. The proposed [boundary line adjustment, subdivision] depicted herein is not in conformance with the requirements of the Unified Development Ordinance of the Town of Franklin. This recording is now listed as a legal nonconforming use and is hereby approved for recording in the Office of the Register of Deeds of Macon County.
___________ ______________________________
Date Land Use Administrator
6. Review Officer Certification. State of North Carolina, County of Macon. I, , Review Officer of Macon County, certify that the map or plat to which this certification is affixed meets all the statutory requirements for recording.
___________________ ___________________
Date Review Officer
(j) Placement of monuments. Unless otherwise specified by this chapter, the Manual of Practice for Land Surveying, as adopted by the N.C. State Board of Registration for Professional Engineers and Land Surveyors under provisions of Chapter 89 of the General Statutes of North Carolina, shall apply when conducting surveys of subdivision; in order to determine the accuracy for surveys and placement of monuments, control corners, markers, and property corner ties; to determine the location, design, and material of monuments, markers, control corners, and property corner ties; and to determine other standards and procedures governing the practice of land surveying for subdivisions. In addition, for the purpose of identification and protection of survey corners and monuments, each corner or monument within the subdivision shall have a disk attached to a ferrous rod or placed in concrete that shall be stamped to identify that point as a property corner and or control point. All monuments shall be set flush with or just below ground level and shall be made of durable materials. In addition ferrous materials will be present in sufficient mass either in the monument or in close proximity to the monument to allow for detection by electronic metal detection devices.
(5) Review by the Board of Aldermen. Within 15 days of the rendition of a decision denying an application for final development plan approval, the applicant may file a written notice with the Town Clerk requesting the Board of Aldermen to review such decision. Upon receipt of a notice of review, the Town Clerk shall schedule a public hearing for the next available meeting of the Board of Aldermen, which shall render a decision based upon the standards for review contained in division (E)(5).
(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. 2018-003, passed 6-4-18; Am. Ord. 2019-005, passed 5-6-19)