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DEVELOPMENT REVIEW
It is the intent of this subchapter to provide the process by which proposed development is reviewed and the standards by which it is to be evaluated. All development shall require prior authorization from the appropriate person or entity. This subchapter establishes two levels of review: (1) development plan review, which applies to most development, subdivisions, and land use activities, is set forth in § 152.052; and (2) special use review, which is designed for development expected to have the greatest impacts, is set forth in § 152.053. The remaining sections of this subchapter contain requirements which apply to one or more of the levels of review.
(Ord. passed 10-1-07)
A land development permit, in conformance with the provisions of this subchapter, is required prior to the commencement of any development, subdivision, or land use activity. A land development permit shall not be issued until development plans and necessary additional information demonstrate full compliance with this subchapter. When a building permit or sign permit is required, such permit shall not be issued prior to issuance of the land development permit required for the development, and such building or sign permit shall comply with the approved land development permit, including all conditions of approval attached thereto. No building or structure for which a land development permit has been issued shall be used or occupied until, after final inspection, a certificate of occupancy has been issued indicating compliance with the provisions of this subchapter and all other state and local laws, including conditions of the land development permit. Review and issuance of land development permits is a function of the Land Use Administrator or his or her designee.
(Ord. passed 10-1-07)
(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)
(A) Special use review provides an alternative to traditional zoning by coupling an application for rezoning with an application for a special use permit specifying the intended use(s) along with a conceptual development plan and any proposed conditions to be placed upon the property. Development or uses required to undergo special use review pursuant to this subchapter shall occur only after issuance and recordation of a special use permit. The following developments or uses are required to undergo special use:
(B) Fee. A fee shall be paid to the Town of Franklin for each application for a special use permit to cover the costs of advertising and other administrative expenses. The fee shall be set by a resolution of the Town Council.
(C) Pre-application conference. It is recommended that any person desiring to use or develop land pursuant to a special use permit schedule a pre-application conference with the Land Use Administrator to become familiar with the special use permit process and to identify and correct, if possible, potential problem areas with a development concept. Submittals for a pre-application meeting include a location map and a sketch plan of the project, including property boundaries, building footprints, parking, driveways, entrance locations, and such other information which may be requested by the Land Use Administrator.
(D) Application. Applications for a special use permit shall be made to the Land Use Administrator on forms prescribed by the Land Use Administrator.
(1) Contents. Applications shall include the name and address of the applicant, the name and address of the owner of each zoning lot involved, and the relationship of the applicant and property owner(s) in connection with the application. 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, with sufficient copies for necessary referrals and records.
(2) Conceptual plan. To facilitate the discussion during the neighborhood compatibility meeting required by division (G), the applicant shall submit to the Land Use Administrator, as a part of the application for a special use permit, a conceptual plan showing how development is proposed for the site. The conceptual plan shall show the location and boundaries of the property and how individual buildings are to be situated on the site, including distances from these buildings to property lines, as well as proposed drives and parking. The locations of signs and outdoor lighting shall also be shown where appropriate. Proposed restrictive covenants, if available, shall also be presented. The conceptual plan need not be exactly to scale; although, all distances and dimensions shall be shown.
(E) Neighborhood compatibility meeting. This subchapter provides a process whereby affected property owners, residents and developers have an opportunity to participate in a dialog as to how development is to be integrated into their neighborhoods. This is accomplished by a neighborhood compatibility meeting to be facilitated by the Land Use Administrator or his or her designee within 21 days of receipt of a complete application, including the required fee and conceptual plan.
(1) Notification of participants. At least seven calendar days prior to the meeting, notice of the meeting shall be given in the following fashion:
(a) The developer shall be informed of the meeting by mail. Failure of the developer, or his or her authorized agent, to attend this meeting shall lead to an automatic annulment of the application.
(b) Property owners within 400 feet of any property line of the proposed sites shall be informed of the meeting by mail.
(c) All other persons shall be informed of the meeting by a conspicuously placed standardized on-site sign.
(2) The developer’s presentation. During the neighborhood compatibility meeting the developer shall explain to the affected property owners the proposed use for the site. The presentation shall include the developer’s position on the compatibility of the project. It is always the developer’s responsibility to propose a compatible project.
(3) Relevant topics to be discussed. Following the developer’s presentation, affected property owners and residents shall be permitted time to question the developer about points which remain unclear. Questioning shall center on the proposal’s compatibility as presented, not the question of whether the site should be developed or its use changed.
(4) Result of neighborhood compatibility meeting. Following the exchange of views between the developer and affected property owners/residents, the Land Use Administrator shall review orally the points voiced during the informal compatibility meeting. Included in the review shall be proposals or counter-proposals to which both parties have agreed in an effort to make the project compatible, as well as those points where disagreement still exists. Upon conclusion of the review, the Land Use Administrator shall ask those assembled if the positions presented represent an accurate consensus of the opinions expressed by the developer and affected property owners/residents. When they do, the meeting shall be concluded and the Land Use Administrator shall record the opinions in the Land Use Administrator’s report. The Land Use Administrator’s report shall become a part of the application file.
(F) Preliminary development plan and completeness review.
(1) Upon completion of the neighborhood compatibility meeting, it shall be the responsibility of the applicant to submit a preliminary development plan meeting the requirements of division (H)(3), below. The Land Use Administrator shall cause the application to be reviewed for completeness and shall notify the developer in writing if the application is incomplete, specifying what additional information is needed in order for the application to be deemed complete.
(2) It shall then be incumbent upon the applicant either to provide the additional information requested by the Land Use Administrator or, if he believes providing the requested information is unreasonably burdensome, to notify the Land Use Administrator in writing that he declines to provide the information requested. Upon receipt of all requested information or, in the alternative, written notice from the applicant that no further information will be provided, the Land Use Administrator shall refer copies of the proposal to such other representatives of the town and to such other agencies or officials as may be appropriate to determine if it conforms to the provisions of this zoning ordinance and to such other regulations applicable in the case. Alternatively, the Land Use Administrator may determine that the incompletion of the application renders it out of compliance with the requirements of this chapter and that therefore it will not receive further consideration by the town. The Land Use Administrator shall notify the applicant of this decision in writing. The Land Use Administrator’s determination that an application is incomplete may be appealed to the Board of Adjustment pursuant to § 152.075.
(3) Contents of preliminary development plan.
(a) The preliminary development plan for projects undergoing special use review 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 for public streets (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 § 152.052(A).
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. If several models of units are being offered for sale and the type of unit at each building location is not known, then a general outline of the unit to be constructed may be shown at the building location.
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.
22. Elevations of all facades, including existing structures to remain, drawn to a reasonable scale which shall be not less than 1/8-inch equals one foot. Plans shall designate proposed materials and colors of architectural features.
(b) The Land Use Administrator has the authority to waive any application requirement where the type of use or the scale of the project makes providing that information unnecessary or impractical. The Land Use Administrator or Board of Adjustment may request additional information from the applicant where such is necessary to enable a fully-informed decision on the matter.
(4) Completeness review. Upon receipt of a preliminary development plan, the Land Use Administrator shall cause the application to be reviewed for completeness and shall notify the applicant in writing if the application is incomplete, specifying what additional information is needed in order for the application to be deemed complete. It shall then be incumbent upon the applicant either to provide the additional information requested by the Land Use Administrator or, if he or she believes providing the requested information is unreasonably burdensome, to notify the Land Use Administrator in writing that he or she declines to provide the information requested. Upon receipt of all requested information or, in the alternative, written notice from the applicant that no further information will be provided, the Land Use Administrator shall refer copies of the proposal to such other representatives as may be appropriate to determine if it conforms to the provisions of this chapter and to such other regulations applicable in the matter. Alternatively, the Land Use Administrator may determine that the incompletion of the application renders it out of compliance with the requirements of this chapter and that therefore it will not receive further consideration by the town. The Land Use Administrator shall notify the applicant of this decision in writing. The Land Use Administrator’s determination that an application is incomplete may be appealed to the Board of Adjustment pursuant to § 152.075.
(G) Processing of application. The completion date for the application shall be the date of receipt of either (1) all information requested by the Land Use Administrator pursuant to division (H) or (2) written notice from the applicant that no further information shall be provided. The application will then be scheduled for the next Planning Board meeting that is at least 24 days in the future. Substantial modification of the application subsequent to the complete date may result in the application being deferred to a subsequent meeting of the Planning Board. Any material modification of the application within seven days prior to the Planning Board meeting shall result in deferral of the application to the next available meeting. For purposes of this section, the application shall include the preliminary or conceptual development plan, as the case may be.
(H) Public hearing. Within 45 days of receiving the application from the Board of Adjustment shall conduct a quasi-judicial public hearing on the application. Notice of the date, time and place of the public hearing shall be published in a newspaper of general circulation once a week for two successive weeks with the first notice to be published not less than ten nor more than 25 days prior to the date of the hearing. Similar notice shall also be mailed to the owner of the property which is the subject of the application and the owners of all parcels of land situated within 400 feet of any of the boundaries of the subject parcel. Ownership shall be determined by reference to the Macon County tax listing.
(I) Final action. Upon completion of the hearing required in division (K), the Board of Adjustment shall act on the application based on the findings of fact contained herein. Action on the application shall be one of the following: (1) approval; (2) approval subject to conditions; or (3) denial. The Land Use Administrator shall notify the applicant of the Board’s decision in writing. If the application is approved or approved with conditions, the Land Use Administrator shall issue the necessary special use permit in accordance with the action of Board. The special use permit, including all conditions attached thereto, shall run with the land and shall be binding on the original applicant as well as all successors.
(J) Findings of fact.
(1) No special use permit shall be approved by the Board of Adjustment unless each of the following findings is made.
(a) The use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare.
(b) There are, or will be at the time they are required, adequate public facilities to serve the use or development as specified in § 152.060, below.
(c) The use or development complies with all required regulations and standards
of this chapter or with variances thereto, if any, granted pursuant to division (S), below, and with all other applicable regulations.
(d) The use or development is located, designed, and proposed to be operated so as to be compatible with the particular neighborhood in which it is to be located.
(e) The use or development conforms with the general plans for the physical development of the town as embodied in this chapter, the Comprehensive Land Use Plan and any other duly adopted plans of the town.
(2) The burden of establishing these findings of fact shall lie upon the applicant. In addressing the issue of compatibility, as required in division (M)(1)(d), above, the applicant must demonstrate compatibility with the particular neighborhood in which the development or use is to be located. The fact that a use is authorized as a special use within a zoning district classification shall not give rise to a presumption that such special use is compatible with other uses authorized in the zoning district classification.
(K) Conditions to approval of the special use permit. In approving a petition for the reclassification of property to a planned development district or a special use district, the Board of Adjustment may request, that reasonable and appropriate conditions be attached to approval of the petition. Any such conditions should relate to the relationship of the proposed use to surrounding property, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the timing of development, street and right-of-way improvements, water and sewer improvements, stormwater drainage, the provision of open space, and other matters that the Board of Aldermen may find appropriate or the petitioner may propose. Such conditions to approval of the petition may include dedication to the town, county or state, as appropriate, of any rights-of-way or easements for streets, water, sewer, or other public utilities necessary to serve the proposed development. The petitioner shall have a reasonable opportunity to consider and respond to any such conditions prior to final action by Board of Adjustment.
(L) Effect of approval.
(1) If a petition is approved under this section, the district that is established, the approved petition, and all conditions which may have been attached to the approval, are binding on the property as an amendment to this chapter and to the Zoning Map. All subsequent development and use of the property shall be in accordance with the standards for the approved planned development or special use district, the approved petition, including the conceptual or preliminary development plan, and all conditions attached to the approval, unless such approval shall lapse or the property is rezoned.
(2) If a petition is approved, the petitioner shall comply with all requirements established for obtaining a land development permit, a building permit and certificate of occupancy. Only those uses and structures indicated in the approved petition and development plan shall be allowed on the subject property. Any development in the district shall comply with all provisions of and conditions to the approved petition and development plan.
(M) Final development plans. Final development plans shall be reviewed by the Land Use Administrator to ensure conformance with the requirements set forth in § 152.052(E). Final development plans shall include any modifications agreed to as conditions of issuance of the special use permit as well as a list of any conditions and a list of any uses as stipulated in the special use permit.
(N) Issuance of land development permit. A special use permit does not authorize development; rather, it approves a development concept for a particular property. In order to develop the property in accordance with the special use permit, a land development permit is required. A land development permit shall be issued upon certification by the Land Use Administrator that he has received a final development plan demonstrating compliance with the preliminary or conceptual development plan, as well as all terms and conditions of the special use permit.
(O) Expiration and revocation of special use permits. A special use permit or modification of a special use permit shall run with the land covered by the permit or modification. Once construction authorized by a special use permit or modification of special use permit is started, no development other than that authorized by the permit or modification shall be approved on that land unless the permit or modification is first modified in accordance with § 152.055(E) or voided or revoked in accordance with the provisions of this section.
(1) Commencement. If the use, construction, or activity authorized by the Board of Adjustment approval of an application for a special use permit (or modification thereof) is not commenced within two years of the date of approval or within such further time stipulated in the approval, or modification includes time (whichever is later), the approval shall expire and any town permit issued pursuant to the approval shall be void. The Town Council may, upon application prior to the expiration of a special use permit, or any extensions thereof, extend such special use permit for an additional period not to exceed 24 months. In order for such an extension to be granted, the application must show that the plans and any additional conditions to the special use permit will be complied with; changes in circumstances making compliance impossible or burdensome will require a new special use permit application in conformity with this section.
(2) Completion. Unless a different period of time is authorized by the Board of Adjustment, the right to construct improvements or otherwise develop land pursuant to a special use permit shall expire three years after issuance of the special use permit. If all of the construction and actions authorized or required by a special use permit are not completed within the time established for completion, or any authorized extensions thereof, the permit holder may request an extension of the completion time limit from the Board of Adjustment, which Board may grant one or more extensions upon making the following determinations:
(a) The permit holder requested the extension prior to the expiration of the special use permit, as it may have been previously extended;
(b) The permit holder has proceeded with due diligence and good faith; and
(c) Conditions have not changed so substantially as to warrant the Board of Adjustment to reconsider the approved special use.
(3) Abandonment.
(a) On request by the holder of a special use permit, the Board of Adjustment shall approve the abandonment of such permit upon making one of the following determinations:
1. No construction or activity authorized by the permit has been started and the starting time limit has not yet expired; or
2. The development or use authorized by the permit no longer requires a special use permit, and all conditions of the special use permit have been satisfied.
(b) In addition, The Board must determine that the permit holder has submitted a signed affidavit clearly stating the holder’s intent to abandon the permit.
(4) Revocation. If any conditions of a special use permit, including completion time limits, or requirements of this chapter applicable to the permit are violated, the Board of Adjustment may revoke the permit. The Board may reinstate a revoked special use permit when the holder of the revoked permit submits a request for reinstatement to the Land Use Administrator within 90 days of the date of revocation demonstrating (1) that the violations which were the cause of the revocation have been corrected and (2) the development fully complies with all conditions of the permit and all applicable requirements of this chapter.
(5) Voluntary revocation. On request by the holder of a special use permit, the Board may revoke such permit if it determines all of the following:
(a) Construction authorized by the permit has been started and the completion time limit has not yet expired;
(b) The request is made in conjunction with an application for approval of a development other than that authorized the permit; and
(c) The proposed development as approved by the Board incorporates adequate consideration for the site’s already disturbed land area in its design and any previous commitments made under the special use permit process.
(P) Variances. For applications undergoing special use review, the Board of Adjustment may authorize variances in specific cases from the dimensional and improvements standards of this chapter upon finding that a literal enforcement of such standards will result in practical difficulty or unnecessary hardship and so long as the granting of such variance or variances will not result in a use or development which would violate the findings of fact required by division (M), above. Variances may not be granted with regard to uses or to density.
(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. passed 2-6-12; Am. Ord. 2018-003, passed 6-4-18; Am. Ord. 2019-005, passed 5-6- 19; Am. Ord. passed - - )
If a project is to be developed in phases, the plan for the entire development will be used to determine the nature of review it will receive. Before development may commence, the entity with power to issue development authorization, that is, the Land Use Administrator or the Board of Adjustment, as the case may be, must approve a master plan for the entire development site. Final plans for the development may be submitted in stages and may be approved by the Land Use Administrator provided the following requirements are met:
(A) All stages shall be shown with precise boundaries on the master plan and shall be numbered in the expected order of development.
(B) Each phase must be able to function independently of subsequent phases.
(C) All the data required for the project as a whole shall be given for each stage shown on the plan.
(D) A proportionate share of open space shall be included in each stage of the development.
(E) The phasing shall be consistent with the traffic circulation, drainage, and utilities plan for the entire development.
(Ord. passed 10-1-07; Am. Ord. passed - - )
(A) Development may only take place in accordance with approvals granted hereunder. Any deviation from approved development requires review and approval pursuant to this section. In general, the entity which approved the development for which modification is sought will be responsible for deciding whether to approve modifications to such development. There are two exceptions to this rule. First, in some circumstances, as defined herein, the Land Use Administrator may authorize modifications which are deemed minor. Second, if the density of the entire development, taking into consideration the proposed modification and any previous modifications, would exceed the threshold for a higher level of review and if such modifications, viewed cumulatively, do not qualify as de minimis, as defined herein, the entire development will be required to undergo the higher level of review.
(B) Proposed modifications shall qualify as de minimis if the cumulative effect of such modifications would not increase the established density of the development by more than 10%. Density shall be measured in terms of dwellings per acre for residential developments and in terms of gross floor area for non-residential developments. The established density shall be the density approved in the initial land development permit for the development. By way of illustration, if the owner of a commercial development with an established density of 25,000 square feet of floor area proposed a 6,000-square-foot addition, the entire development, including that which is existing or previously approved, will be required to undergo special use review in accordance with § 152.123. If the owner of
such development proposed a 2,000-square-foot addition, the modification would qualify as de minimis and would be processed under development plan review.
(C) Modifications of developments authorized under land development review. The Zoning Administrator shall approve modifications to developments authorized under land development review so long as the total development, including all modifications, complies with applicable provisions of this chapter and so long as the total development does not exceed the thresholds for development plan review.
(D) Modifications of developments authorized under development plan review. The Land Use Administrator may approve a modification of a land development permit for changes to plans approved under development plan review as long as such changes continue to comply with all applicable requirements and so long as the total development, including all modifications, does not exceed the threshold for special use review.
(E) Modifications of developments authorized under special use review. The Land Use Administrator is authorized to approve minor modifications to the approved final plans of developments authorized under special use review, but major modifications may only be authorized by the Board of Adjustment in accordance with the procedures set forth herein. A modification shall be deemed minor if it is not a major modification. A modification shall be deemed major if it proposes a substantial departure from the approving action of the Board of Adjustment with regard to the original application or any subsequent modifications. Substantial departure from such approving action shall exist whenever the proposed modification would result in one or more of the following:
(1) A substantial change in the boundaries of the site approved by the Board;
(2) A substantial change from the use(s) approved by the Board;
(3) A substantial increase in the floor area approved by the Board;
(4) A substantial increase in the number of residential dwelling units;
(5) A substantial increase in the density of nursing homes, rest homes, congregate care facilities or progressive care facilities;
(6) A substantial change in the location of one or more principal and/or accessory structures approved by the Board;
(7) Structural alterations significantly affecting the basic size, form, style, ornamentation, and appearance of principal and/or accessory structures as shown on the plans approved by the Board;
(8) A substantial change in pedestrian or vehicular access or circulation approved by the Board; and
(9) A substantial change in the amount or location of open space, landscaping or buffer screens approved by the Board.
(F) If the proposed action is determined to be a major modification, the Land Use Administrator shall require the filing of an application for approval of the modification. The Land Use Administrator shall prescribe the form(s) of application as well as any other material reasonably required to determine compliance with this subchapter. An application for major modification of a development authorized under special use review shall be reviewed in accordance with the procedures established for special use review.
(G)
No modification shall be allowed to a special use permit issued in a special use zoning district or a planned development district unless the applicant accepts all of the requirements and conditions the Board of Adjustment proposes to impose on the modification. Acceptance of conditions by the applicant may be indicated at the Board hearing on the special use permit modification or by affidavit submitted prior to the Board taking action on the modification application.
(Ord. passed 10-1-07; Am. Ord. passed - - )
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