(A) Purpose.
(1) Pursuant to G.S. Chapter 160D, a final plat shall be prepared, approved, and recorded pursuant to the provisions of this chapter whenever any subdivision of land takes place.
(2) Pursuant to G.S. Chapter 160D, no final plat of a subdivision within the jurisdiction of the county shall be recorded by the Register of Deeds of the county until it has been approved as provided herein. To secure such approval of a final plat, the subdivider shall follow the procedures established in this subchapter.
(3) To further the purpose of this chapter, the county encourages all divisions of land to meet the minimum subdivision and development standards contained herein. Divisions of land exempt from the requirements of this chapter that do not meet the minimum requirements contained herein shall be identified as such.
(B) General procedures.
(1) Review and approval.
(a) All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of immediate sale or building development and includes all division of land involving the dedication of a new street or a change in existing streets shall be required to meet the subdivision requirements of this chapter, unless otherwise stated.
(b) Court-ordered divisions shall include language specifically identifying how the parcel(s) are to be divided, including the acreage to be divided and exact parameters for how the division should occur.
(c) All subdivisions shall be considered major subdivisions except those defined as minor subdivisions by this chapter. Major subdivisions shall be reviewed in accordance with the procedures in division (E) below. Minor subdivisions shall be reviewed in accordance with the provisions in division (D) below.
(d) If the applicant owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or located directly across a street, easement, or right-of-way from the property to be subdivided, the subdivision shall not qualify under the minor subdivision procedure. The minor subdivision procedure may not be used a second time within three years on any property less than 1,500 feet from the original property boundaries by anyone who owned, had an option on, or held any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval or by any subsequent owner, individual having an option on, or individual having any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval.
1. However, the Planning Director or designee may at any time refer the application to the county’s Planning Board for consideration to allow a second minor subdivision to occur within the allotted three years if deemed necessary and appropriate. Subsequent to Planning Board approval, the application shall then be reviewed in accordance with the major subdivision review and approval process by the Development Review Board.
2. In no case shall utilization of this process allow for the number of new lots created, combined with the number of lots created by the initial minor subdivision exceed the maximum number of lots permitted by the minor subdivision process. No other requirements set forth by the minor subdivision process shall be circumvented.
3. The minor subdivision process may be utilized for the division of lots located within a nonresidential zoning district when no easement or right(s)-of-way dedication is required.
(e) Any change in a map of an approved preliminary subdivision or recorded minor or major subdivision plat/plan or any map or plat/plan legally recorded prior to the adoptions of any regulations controlling subdivisions that materially affects any of the following shall obtain a new subdivision approval in compliance and following the procedures of this chapter. In cases where a subdivision is considered a minor subdivision, that is the review process that shall be utilized. In cases where a subdivision is considered a major subdivision, or the proposed change would necessitate a major subdivision review process, that is the process that shall be utilized:
1. Right(s)-of-way layout;
2. Any area reserved thereon for public use; and/or
3. Any lot line (including the addition of lot lines).
(f) A preliminary subdivision plat for a commercial or residential subdivision shall include a stormwater management statement, for the purpose of assisting the developer in assessing stormwater management needs and downstream impacts. Where a preliminary plat is not required (i.e., minor subdivision) the stormwater management statement shall be submitted with the minor subdivision plat. The stormwater management statement shall be submitted as part of the conceptual plan, if required by this chapter.
(2) Expiration of plat approval.
(a) Any preliminary major subdivision plat consisting of a single phase which has failed to receive final plat approval from the Development Review Board (DRB) within two years from the date of preliminary plat approval by the DRB shall be null and void.
(b) Major subdivisions consisting of multiple phases shall have received final plat approval from the Development Review Board for at least one phase within two years from the date of preliminary plat approval or the approval shall be null and void. Each subsequent phase shall be recorded within a period of three years, or as approved by this chapter; otherwise, the preliminary plat approval shall be null and void.
(c) Any conditional approval or hold decision for a major subdivision made by the DRB shall be valid for a period of 90 days from the date on which the decision was made. It shall be the applicant’s responsibility to obtain full approval during this period. After such date, the review shall be null and void. In no case shall a conditional approval or hold decision be considered a vested right until a full approval has been granted.
(d) Any review completed by the Planning Department of a minor subdivision or exempt plat shall be valid for 30 days from the date such review comments are provided by the Planning Department staff. After such date, the review shall be null and void.
(3) Subdivision plat/plan requirements. In order for a subdivision plat/plan, exempt map, or master sketch plan to be considered complete, the applicant shall submit a site plan according to the table below:
Exempt Plat | Minor Subdivision | Preliminary Subdivision | Final Subdivision | Master Sketch Plan |
Exempt Plat | Minor Subdivision | Preliminary Subdivision | Final Subdivision | Master Sketch Plan | |
BUFFERING REQUIREMENTS
| |||||
Buffering regulations (per county ordinance) | X | X | X | ||
Prime views and vistas buffer (width, landscaping type, and maintenance responsibility) | X | X | |||
Streetscape buffer (width, landscaping type, and maintenance responsibility) | X | X | |||
CERTIFICATIONS
| |||||
County Development Review Board (if applicable) | X | X | X | ||
County Register of Deeds | X | X | X | X | |
County Review Officer | X | X | X | X | |
County Subdivision Administrator | X | X | |||
NCDOT (driveway permit approval) | X | X | X | ||
Ownership, dedication, and jurisdiction | X | X | X | X | |
Professional state land surveyor or engineer | X | X | X | X | X |
DEVELOPMENT REQUIREMENT
| |||||
All required amenities shown; including typicals | X | X | |||
Cul-de-sac diameter | X | X | X | ||
Detailed description of recreational facilities if provided | X | X | |||
Final soils report provided | X | ||||
Fire hydrant(s) and light(s) depicted and noted | X | X | |||
Foundation and setback verification survey requirement noted | X | X | X | ||
HOA documents reference all improvements to be maintained | X | ||||
Homeowners association by-laws and covenants to be imposed | X | ||||
Impervious surface (% coverage of lot) | X | X | X | ||
Individual lot dimensions | X | X | X | X | |
Linear feet per street (note either public or private) | X | X | X | ||
Lot and block numbers in consecutive order | X | X | X | ||
Lot lines and building lines showing bearings and distances | X | X | X | X | |
Minimum lot size and width | X | X | X | X | X |
Name(s) and location(s) of property or buildings on the National Register of Historic Places or locally designated historic property | X | X | X | X | X |
Natural feature(s) located on-site | X | X | X | X | |
Net acreage for each lot | X | X | X | X | |
Open space calculations and totals noted | X | X | X | ||
Preliminary soils report provided (if applicable) | X | X | X | ||
Proposed block numbers, approximate dimensions, and phase lines (if applicable) | X | X | X | ||
Proposed streets, including right(s)-of-way, location, dimensions, and pavement width | X | X | |||
Topography (max contour levels of 5 ft.) | X | X | X | ||
Total number of lots proposed | X | X | X | X | |
Traffic impact analysis (if completed) | X | ||||
Typical street cross section(s) (if applicable) | X | X | |||
Voluntary Agricultural District (VAD) notification (if applicable) | X | X | X | X | |
FEES
| |||||
All review fees paid | X | X | X | X | |
GENERAL REQUIREMENTS
| |||||
Additional information required by the Administrator | X | X | X | X | X |
Building envelope and required setbacks | X | X | X | X | |
Conceptual plan | X | ||||
Easements, open space, and areas other than for residential use with explanation of purpose and maintenance responsibility | X | X | X | ||
Existing and proposed utilities | X | X | X | X | |
Existing boundaries of tract(s) showing bearings and distances | X | X | X | X | |
Existing streets and right(s)-of-way on adjacent properties | X | X | X | ||
Existing structure(s) located on-site | X | X | X | X | |
Gross acreage of development | X | X | X | X | X |
Linear feet per street | X | X | X | ||
Map size 18" X 24" and scale 1"=200 ft. or larger | X | X | X | X | X |
Name, location, width, and acreage of additional easement(s) and right-of-way within or adjacent to site | X | X | X | X | |
Name(s) and location(s) of adjacent property owner(s) and use(s) | X | X | X | X | |
Name(s) and right(s)-of-way of streets and state road number(s), including notation of public or private | X | X | X | X | X |
North point, graphic scale, and vicinity map | X | X | X | X | X |
Predevelopment meeting | X | X | |||
Required stream buffers/setbacks around each water feature | X | X | X | X | |
Right-of-way notation in compliance with CTP | X | X | X | X | |
Signage location, easement, type, and size | X | X | |||
Water features depicted, as found on USGS quadrangles and county’s soil survey | X | X | X | X | |
Wetlands delineated | X | X | |||
REQUIRED INSPECTION
| |||||
Amenities installed as required (e.g., street trees, sidewalks, and the like) | X | ||||
Drainage easements are stabilized without possible erosion | X | X | |||
Fire hydrants installed where 6" public water lines exist | X | X | |||
Improvements installed in accordance with final plat and stormwater management plan | X | X | |||
Lighting installed as required | X | ||||
Necessary buffering and/or landscaping is in place or security has been guaranteed | X | ||||
Stop signs installed in compliance with NCDOT standards | X | ||||
Streets installed in accordance with minor subdivision standards | X | ||||
Streets installed in accordance with NCDOT standards | X | ||||
STORMWATER MANAGEMENT
| |||||
Copy of erosion control plan (if required) | X | X | X | X | |
Copy of stormwater plan (if required) | X | X | X | X | |
Drainage easement(s) and maintenance responsibility | X | X | |||
Permanent stormwater BMP measures shown and temporary measures noted | X | ||||
Stormwater management permit and plan submitted | X | ||||
Stormwater management plan calculations noted | X | ||||
Stormwater management statement (if required) | X | X | X | X | |
TITLE BLOCK INFORMATION
| |||||
Airport zone notification (if applicable) | X | X | X | ||
Applicant/Owner(s) contact information (name, address, and phone) | X | X | X | X | X |
Deed reference of tract(s) | X | X | X | X | X |
Floodplain depicted and noted (zone, map number, and effective date) | X | X | X | X | X |
Land use classification of tract(s) | X | X | X | X | |
Location (including township, county, and state) | X | X | X | X | X |
Name of project and date (including all revision dates) | X | X | X | X | X |
Overlay zoning classification and required notation (if applicable) | X | X | X | ||
Parcel ID number/Tax ID of tract(s) | X | X | X | X | X |
Surveyor/Engineer contact information (name, address, and phone) | X | X | X | X | X |
Verification of purchase of street signs (if applicable) | X | X | X | ||
Watershed District noted and extent of coverage depicted | X | X | X | X | X |
Zoning classification of tract(s) | X | X | X | X | X |
(C) Subdivision exemptions and procedures.
(1) Subdivision exemptions. The following is not included within the definition of a subdivision and is not subject to the subdivision regulations enacted pursuant to the chapter. All other requirements of this chapter shall be met, including, but not limited to, submittal and review of plat/plan for those items listed herein to verify compliance with other regulations:
(a) The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to, or exceed, the standards of the county as shown in these subdivision regulations;
(b) The division of land into parcels greater than ten acres if no street right-of-way dedication is involved;
(c) The public acquisition by purchase of strips of land for widening or opening streets; and/or
(d) The division of a tract in single ownership, the entire area of which is no greater than two acres into not more than three lots, if no street right-of-way dedication is involved and if the resultant lots are equal to or exceed the standards of the county as shown by its subdivision regulations.
(2) Exempt plat/plan procedures. Exempt plats/plans, although exempt from the subdivision regulations of this chapter, shall meet all other requirements of this chapter, as well as other local, state, and federal regulations, as applicable.
(a) Combination and recombination plat/plans. Combination and/or recombination of previously subdivision and recorded lots shall conform to the following regulations.
1. A soils evaluation shall be submitted, performed by a professional licensed to do such work, on all lots meeting the above criteria with existing septic systems to verify that the entire system and repair area are contained within the proposed new lot lines.
2. Such evaluation shall include statements regarding the functionality of the existing system, conformity to setback requirements of the county’s Department of Public Health, adequate repair area, and all other items necessary for staff to evaluate whether conformity to 15A NCAC 18A .900 is met.
3. Permits for existing septic systems may be used as verification for this purpose.
(b) All other exempt plat/plans. In cases where a soils evaluation is not required by this chapter, the plat/plan shall note that an evaluation has not been done.
(D) Minor subdivision procedures.
(1) Review for minor subdivisions.
(a) The Planning Department shall establish standard regulations for plan submittal and review including, but not limited to, the number of copies requested and the information to be included on the plan. The Administrator shall advise the subdivider or his or her authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submittal of the final plat.
(b) The Administrator shall submit copies of the plan and any accompanying material to other officials and agencies concerned with new development including, but not limited to:
1. The county’s Public Health Department;
2. The county’s Public Utilities Department;
3. The county’s Fire Code Official;
4. The county’s E-911 Addressing Operations Administrator;
5. NCDOT District Highway Engineer; and/or
6. The state’s Department of Environment and Natural Resources.
(c) The Administrator shall review the plan for general compliance with the requirements of this chapter.
(d) One copy of the plan shall be returned to the subdivider or his or her authorized agent.
(2) Plat submittal for minor subdivisions.
(a) Upon review of the plan by the Administrator, the subdivider may proceed with the preparation of the plat in accordance with the requirements of this chapter. For the purposes of this section, the “plan” and “plat” are referenced separately; the plan for reviewing and the plat for recordation.
(b) The subdivider shall submit the plat so marked, to the Administrator.
(c) The plat shall be prepared by a professional state land surveyor or engineer currently licensed and registered in the state by the state Board of Examiners for Engineers and Surveyors. The plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in the state general statutes, as applicable.
(d) Three copies of the plat shall be submitted, one of these shall be on reproducible material. Material and drawing medium for the original shall be in accordance with the state general statutes, where applicable, and the requirements of the county’s Register of Deeds.
(e) The plat shall be of a size suitable for recording with the county’s Register of Deeds and shall be at a scale of not less than one inch equals 200 feet. Maps may be placed on more than one sheet with appropriate match lines.
(f) Submittal of the plat shall be accompanied by a filing fee and, if applicable, a street sign fee as adopted and periodically revised by the Board of Commissioners.
(g) The plat shall contain the same information as required in division(B)(3) above and a copy of a recorded ingress and egress easement maintenance agreement or reference number on the map as required in § 153.151(E).
(h) The certificates, as applicable, listed in § 153.025 shall appear on all required copies of the plat.
(3) Actions subsequent to review.
(a) If the plat is disapproved by the Administrator, the reasons for such disapproval shall be stated in writing, specifying the provisions of this chapter with which the plat does not comply. One copy of such reasons and one print of the plat shall be retained by the Administrator as part of the records; one copy of the reasons and one print of the plat shall be transmitted to the subdivider. If the plat is disapproved, the subdivider may make such changes as will bring the plat into compliance and resubmit same for reconsideration by the Administrator.
(b) If the plat is approved by the Administrator, the original tracing and one print of the plat shall be retained by the subdivider. One print shall be retained by the Administrator for the records.
(c) The subdivider shall file the approved plat with the Register of Deeds of the county within 30 days of the approval; otherwise, such approval shall be null and void.
(E) Major subdivision procedures.
(1) Pre-development review for major subdivisions.
(a) Prior to the preliminary plat submittal, the subdivider may meet with staff regarding and/or submit to the Administrator, a sketch plan of the proposed subdivision for review and comment.
(b) The Administrator shall review, in a reasonable time frame, the sketch plan for general compliance with the requirements of this chapter; the Administrator shall advise the subdivider or his or her authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submittal of the preliminary and final plats. Review of the sketch plan shall in no way constitute a full review, approval, or vested rights of a proposed plan.
(2) Public outreach.
(a) A minimum extent of public outreach shall be done by the developer(s) prior to, or in conjunction with, application of the proposed plan in compliance with this section for all developments of 500 or more units in order to facilitate an informed development process. The same public outreach is encouraged for developments of less than 500 units. Such notification shall include a map of the development area, a description of the proposed development, and contact information for the developer(s) and/or a representative(s).
(b) Owner(s) of properties located within the proposed development area and all adjacent parcels of the proposed development area shall be notified by the developer(s) of the intent for development of the site. It shall be the responsibility of the developer(s) to furnish the cost of postage and all required documentation to the Planning Department for distribution.
(c) In such cases where a public outreach meeting is held, notification shall be mailed so that notice is given a minimum of ten business days prior to the meeting. The results of the public outreach meeting shall be summarized and submitted to Planning staff within five business days following the meeting. The summary shall include: the date, time, and location of the meeting; number of participants, including a copy of the sign-in sheet; a list of issues that arose during the meeting; and a plan to resolve those issues, if possible.
(3) Preliminary, construction, and final plat submittal procedure.
(a) General procedures.
1. For every subdivision within the territorial jurisdiction of this chapter, which does not qualify for the minor subdivision procedure, the subdivider shall submit a preliminary major subdivision plat which shall be approved by the Development Review Board before any construction or installation of improvements may begin. Submittal of construction plan/drawing and final plat shall be submitted and approved following the same procedures. Submittal of the subdivision plat shall be accompanied by a filing fee as adopted and periodically revised by the Board of Commissioners.
2. A complete application shall be submitted to the Planning Department by the established deadline. Incomplete applications will not be reviewed and will not be placed on the Development Review Board agenda. The county’s Planning Department shall establish criteria for a complete application. Any change in submittal requirements shall be posted in the Planning Department office no less than 30 days prior to enforcement. This information shall be made available to the public and shall be posted in the Planning Department office.
3. Subdivision plats shall meet the specifications in division (B)(3) above. A master sketch plan may be substituted for a preliminary plat in cases where the information included within the master sketch plan meets the requirements for a preliminary subdivision in the subsection referenced herein.
(b) Construction plan/drawing review. Following approval of the preliminary major subdivision plat and prior to construction and improvements to the development, construction plan/drawing shall be submitted to the Planning Department by the established deadline, and approved by the county. Construction plans/drawings may also be required elsewhere by this chapter. In such cases, such materials shall be submitted in accordance with this section, unless otherwise stated. Review of such materials shall be via administrative review and will not follow the typical DRB review process. The following shall apply to all construction plan/drawing submittals:
1. All required submittal materials shall be sealed;
2. Such drawings shall meet the requirements of § 153.229;
3. All requirements of the county’s Department of Public Utilities, Fire Code Official, and County Engineer shall be met;
4. A copy of materials approved by NCDENR shall be included as part of the construction plan submittal; and/or
5. A flow acceptance letter for sewer capacity from the county’s Department of Public Utilities shall be submitted with the DRB application.
(c) Phased developments.
1. Developments to be constructed in phases shall submit a master sketch plan. In such cases, the master sketch plan shall be included with the preliminary plat at the time of such submittal. In no case shall approval of the master sketch plan as part of the approval of the first phase of development constitute vested rights for additional phases of development of the site, unless each subsequent phase depicted in the master plan meets the provisions of this chapter for a major subdivision preliminary plat.
2. Phased developments shall be submitted in compliance with division (B)(2) above.
(4) Development Review Board review procedures. The following shall apply to major subdivision preliminary and final plat review procedures. Major subdivision construction plan/drawing submittals shall be reviewed by a subcommittee of the Development Review Board (DRB). The subcommittee shall consist of the county’s Department of Public Utilities, Fire Code Official, and County Engineer.
(a) The petitioner shall be prepared to make a very brief presentation to the Development Review Board (DRB) membership and answer any questions when the application is reviewed. Each Development Review Board general member shall have completed review of the application prior to the regularly scheduled meeting in which the application is being reviewed. Comments on the application shall be provided, in brief, to the petitioner at the regularly scheduled meeting. If the nature of the comments is too complicated for a brief presentation, it shall be the responsibility of the petitioner to contact the member’s agency with comments for a full explanation.
(b) The Development Review Board shall, in writing, recommend approval; conditional approval (with a list of the conditions to bring the plat into compliance); hold (with a list of the conditions to bring the plat into compliance and prepare for further DRB review); or disapproval (with reasons) only after all concerns or comments of the Board general membership have been received. The applicant will receive a copy of the draft DRB decision at the meeting and will receive a final DRB decision within ten business days.
(c) Once the Development Review Board approves the subdivision plat, such approval shall be noted on two copies of the plat. One copy of the plat shall be retained by the Administrator and one copy shall be returned to the subdivider.
(d) If the subdivision plat is disapproved, the subdivider may make the recommended changes and submit a revised plat to the Administrator following the procedure for submission of a plat placed on hold.
(e) For final plat approval, the subdivider shall file the approved final plat with the Register of Deeds of the county within 30 days of approval; otherwise, such approval shall be null and void.
(5) Preparation of final plat and installation of improvements.
(a) Upon approval of the preliminary plat by the Development Review Board, the petitioner may proceed with the preparation of the final plat, and the installation of or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this chapter.
(b) Prior to approval of a final plat, the petitioner shall have installed the improvements provided herein. No final plat, which contains private streets, will be accepted for review by the Administrator unless accompanied by written notice prepared by a professional state engineer acknowledging installation of such streets meet the applicable NCDOT standards for the same type of streets and compliance with § 153.164.
(c) The final plat shall constitute only that portion of the preliminary plat which the petitioner proposes to record and develop at that time; such portion shall conform to all requirements of this chapter.
(Ord. passed 10-17-2011; Res. passed 11-16-2020)