A. Applicability.
1. Pursuant to G.S. § 160D Article 8, subdivision approval shall be required before the division of land into two or more parcels.
2. In accordance with G.S. § 160D-802, the following types of
s proceed directly to Final
(per Section 3.5.4):
Commentary (1/1/2021): These types of subdivisions were previously referred to as “exempt” subdivisions.
a. The combination or recombination of portions of previously subdivided and recorded lots where the total number of
s is not increased and the resulting
s are equal to or exceed the standards of this UDO.
b. The division of land into parcels greater than 10 acres where no
right-of-way dedication is involved.
c. The public acquisition of land for water or sewer infrastructure or the widening or opening of streets or public transportation corridors.
d. The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no
right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this UDO.
e. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession, per G.S. § 29.
f. The division of a tract into plots or lots used as a cemetery.
B. No subdivision without plat approval.
1. As provided in G.S. § 160D-807, no
may subdivide land except in accordance with all the provisions of this UDO. No
may occur unless and until a final plat of the
has been approved in accordance with the provisions of this Section and recorded in the Wake County Registry. The provisions of this section shall not prohibit any owner or its agent from entering into contracts to sell or lease by reference to an approved preliminary
for which a final
has not yet been approved or recorded in Wake County Registry. Such arrangements shall strictly follow the provisions of G.S. § 160D-807.
2. As provided in G.S. § 160D-807, the Wake Register of Deeds shall not record a
of any
within the Town's
unless the
has been approved in accordance with the provisions of this UDO.
3. As provided in G.S. § 160D-802, not all divisions of land constitute
s that are subject to all regulations under this UDO. However, to ensure that such divisions are exempt from the requirements of this UDO, all
s creating a division of land shall be presented to the Planning Department before recordation in the Wake County Registry, and the planning staff shall indicate on the face of the plat that the division is exempt from the provisions of this UDO.
4. All
management provisions must be met prior to the subdivision of land.
5. It shall be unlawful to offer and cause to be recorded any major or minor
plan,
, or replat of land within Garner’s jurisdiction with the Wake County Register of Deeds unless the same bears the endorsement and approval of the
or Town Clerk.
C. No occupancy,
, or sale of
s until requirements fulfilled.
1. Where the
process applies, the
or sale of
s prior to approval of a final
is prohibited.
2. For
on existing
s, no occupancy or
shall be permitted prior to the approval of at least one of the following permits:
a. Site Plan
b.
c. Temporary Use Permit
d. Certificate of Zoning Compliance
3. Issuance of a final
or any of the permits listed above authorizes the holder to commence the approved activity; however, excepting phased developments, structures with temporary certificates of occupancy, and
s with improvement guarantees, no intended
may commence, no
be occupied, nor any
be sold until all of the UDO requirements have been met.
(Ord. No. 3376, § 14, 1-17-06; Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)