(1) Providing for the orderly growth and development of the town;
(2) Coordinating streets and roads within proposed subdivisions with the town’s street system, NCDOT transportation improvement plans and with other public facilities and infrastructure;
(3) Providing easements and rights-of-way for utilities and future streets;
(4) Avoiding congestion and overcrowding and encouraging the proper arrangement of streets and other transportation infrastructure in relation to existing or planned streets;
(5) Ensuring that there is adequate open space and recreation facilities to serve new development; and
(6) Ensuring that there is proper recordation of landownership and/or property owner association records where applicable.
(B) Applicability. Unless exempted in accordance with division (C) below, the following forms of development shall be required to have land subdivided in accordance with the procedures and standards of this section prior to the transfer of title or sale of any lots, the issuance of a zoning permit or the issuance of a building permit for development:
(1) The division of land into two or more lots, building sites or other divisions for the purpose of immediate or future sale, lease or building development;
(2) All divisions of land involving the creation of a new street or the change or modification of an existing street;
(3) Re-subdivision involving the further division or relocation of lot lines of any lot or lots within an already approved subdivision; and
(4) The combination or consolidation of exiting lots of record.
(C) Exemptions.
(1) The following actions shall be exempt from the requirements of this section:
(a) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and where the lot sizes comply with the standards set forth in this chapter;
(b) The public acquisition of land for public use by purchase of strips of land for the widening or opening of streets, placement of utilities or establishment of park land;
(c) The division of land into parcels greater than ten acres in size where no street right-of-way dedication is involved;
(d) The division of a tract in single ownership whose entire area is not greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the town as shown in this chapter; and
(e) The division of land by court decree.
(2) Plats for subdivisions that are exempt from the requirements of this section shall be submitted to the Ordinance Administrator who shall sign a certificate of exemption (see § 152.362 of this chapter) on the plat. This certificate must be signed prior to recordation of the exempt subdivision plat with the county’s Register of Deeds.
(D) Subdivision sketch plan.
(1) General. The purpose of this section is to establish the procedures and standards for consideration of a subdivision sketch plan. The intent of the sketch plan process is to familiarize the Ordinance Administrator and the Planning Board with a potential application for subdivision approval and potential applicants with the applicable process and town standards.
(2) Applicability. The standards and requirements of this section shall be applicable to all applications for the subdivision of land unless specifically exempted by division (C) above.
(3) Exemptions. Applications for minor subdivisions and recombination plats shall be exempt from the requirements of this section.
(4) Required contents of sketch plan. A sketch plan shall consist of a boundary survey or other graphic depiction of a lot or site’s location relative to other adjacent lands and streets, along with a graphic depiction of the proposed development with sufficient detail to allow the town to determine the range of applicable standards and procedures that will apply to the proposed development. This depiction shall include, but not be limited to the following:
(a) Lot layout;
(b) Street network configuration;
(c) Ingress and egress;
(d) Public utility configuration;
(e) Proposed building envelopes;
(f) Proposed open space and recreation areas; and
(g) Topography and natural features.
(5) Review procedures.
(a) Review by Ordinance Administrator. The Ordinance Administrator shall review sketch plans within ten days of the submission of a complete application by the applicant. The Ordinance Administrator shall submit his or her comments to the applicant and Planning Board prior to the meeting at which the Planning Board will review the sketch plan.
(b) Review by Planning Board. The Planning Board shall review submitted sketch plans at its next meeting following the receipt of comments from the Ordinance Administrator. The Planning Board shall review the sketch plan and provide written comments and recommendations to the applicant addressing the consistency of the sketch plan with the requirements of this chapter to the applicant. Following the receipt of the Planning Board’s comments and recommendations, the applicant may then submit his or her application for a preliminary subdivision plat.
(E) Subdivision preliminary plat.
(1) General. A subdivision preliminary plat establishes the general layout and design for the subdivision. Upon the approval of a subdivision preliminary plat, applicants may begin to install streets, public utilities and other infrastructure. Following installation and approval of all required infrastructure, applicants may submit an application for a subdivision final plat. Building permits may not be issued before approval and recordation of a subdivision final plat.
(2) Required contents of preliminary plat. The required contents of a subdivision preliminary plat are located in § 152.361 of this chapter.
(3) Review and approval procedures.
(b) Review by Ordinance Administrator. Following the submission of a complete application for preliminary plat approval, the Ordinance Administrator shall review the application and submit his or her comments to the Planning Board prior to the meeting at which it will review the application.
(c) Review and recommendation by Planning Board. Following the receipt of comments from the Ordinance Administrator, the Planning Board shall review the proposed subdivision preliminary plat at its next regularly scheduled meeting. The Planning Board shall review the application for consistency with the standards of this chapter and with the recommendations regarding the sketch plan that it returned to the applicant. Following its review, the Planning Board shall make a recommendation to the town’s Board of Commissioners to approve, conditionally approve or deny approval of the subdivision preliminary plat.
(d) Review and decision by Town Board. At its next regularly scheduled meeting following the receipt of a recommendation from the Planning Board, the town’s Board of Commissioners shall review and make its decision on the submitted subdivision preliminary plat. During its review, the Town Board shall makes its decision to approve, conditionally approve or deny approval of the preliminary plat based on the standards in division (E)(4) below.
(5) Effect of approval. Approval of a subdivision preliminary plat shall constitute approval of the development with the general lot shapes and alignments of streets identified in the phases depicted on the approved preliminary plat. Phases not depicted on an approved subdivision preliminary plat shall not have preliminary plat approval. Approval of a subdivision preliminary plat allows the subdivider to proceed with the installation of the required infrastructure and utilities. Approval of a subdivision preliminary plat does not constitute or guarantee approval of a final plat. The approval of a subdivision preliminary plat is not a personal right, but one that runs with the land, and, therefore, changes in ownership of the subject property shall not alter the effect of the approval.
(6) Amendment. A subdivision preliminary plat may be amended or modified only in accordance with the procedures and standards established for its original approval.
(7) Installation and inspection of required improvements. Following the construction of all required improvements, or the posting of a performance guarantee for required improvements that are not installed or completed, the subdivider shall submit a written request for inspection of those improvements. When all required public improvements and/or performance guarantees have been approved by the town, the subdivider may apply for subdivision final plat approval.
(8) Performance guarantees. In lieu of meeting the requirement for the completion, installation and dedication of any and all public infrastructure improvements (e.g., underground utilities, streets, sidewalks, storm drainage, trees, landscaping, buffer plantings, street lights and the like) prior to subdivision final plat approval, the town may accept a performance guarantee in accordance with the standards in this section.
(a) Form of performance guarantee. Where required, the owner/developer shall furnish a performance guarantee in any form acceptable to the Town Attorney. Such forms could include the following.
1. Surety performance bond(s). The developer shall obtain a performance bond(s) from a surety bonding company authorized to do business in the state and approved by the town’s Board of Commissioners. The bond shall be payable to the town (or its authorized agent) and shall be in an amount equal to one and one-half times the entire cost, as a certified estimate by a licensed design professional and verified by the Town Engineer, of installing all required improvements. The duration of the bond(s) shall be until such time as the improvements are accepted by the town. Any expenses associated with the cost verification by the town shall be paid entirely by the subdivider.
2. Cash or equivalent security. The developer shall deposit cash, an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the town (or its authorized agent) or in escrow with a financial institution designated as an official depository of the town. The amount of deposit shall be equal to one and one-half times the entire cost, as certified and estimated by a licensed design professional, and verified by the town, of installing all required improvements.
(b) Escrow guarantee. If cash or other instrument is deposited in escrow with a financial institution, then the developer shall file with the town (or its authorized agent) an agreement with the financial institution guaranteeing the following.
1. Exclusivity of funds. The escrow amount will be held in trust until released by the town and may not be used or pledged by the subdivider in any other transaction during the term of the escrow.
2. Immediate release of funds. In case of a failure on the part of the subdivider to complete the guaranteed improvements, the financial institution shall, upon notification by the town of an estimate of the amount needed to complete the improvements, immediately pay to the town the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town.
3. Default. Upon failure on the part of the subdivider to complete the required improvements in the time required by this chapter or as spelled out in the performance bond or escrow agreement, the surety, or financial institution holding the escrow account, shall, if required by the town, pay all or any portion of the bond or escrow fund to the town up to the amount required to complete the improvements based on an estimate by the town. Upon payment, the town, in its discretion, may expend such portion of these funds, as it deems necessary to complete all or any portion of the required improvements. The town shall return to the developer any funds not spent in completing the improvements.
4. Release of guarantee security. The town may release a portion of any security posted after the improvements are completed and recommended for approval by the Town Engineer. The town shall approve or disapprove the improvements within 30 days upon receiving the Town Engineer’s recommendation. When the town approves the improvements, it shall immediately release the portion of the security posted which covers the cost of the improvements approved by the town.
(9) Expiration of approval. Preliminary plat approval shall be valid for a period of 12 months from the date of approval of the plat by the town’s Board of Commissioners unless an extension of time is applied for and granted by the Town Board, or unless a longer time period is established under applicable vested rights provisions. Preliminary plats whose approval has expired shall be resubmitted in accordance with the provisions of this section.
(F) Subdivision final plat.
(1) General. After the inspection and approval of the required public improvements or the posting of a performance guarantee for improvements that are not installed or completed, the subdivider shall prepare a subdivision final plat for review in accordance with this section. The subdivider shall receive approval of a subdivision final plat prior to the issuance of building permits for structures on lots.
(2) Required contents of final plat. The required contents of a subdivision final plat are outlined in § 152.361 of this chapter.
(3) Review and approval procedures.
(b) Review by Ordinance Administrator. Following the submission of a complete application for final plat approval, the Ordinance Administrator shall review the application and submit his or her comments to the Planning Board prior to the meeting at which they will review the application.
(c) Review and recommendation by Planning Board. Following the receipt of comments from the Ordinance Administrator, the Planning Board shall review the proposed subdivision final plat at its next regularly scheduled meeting. The Planning Board shall review the application for consistency with the standards of this chapter and with the approved preliminary plat. Following its review, the Planning Board shall make a recommendation to the town’s Board of Commissioners to approve, conditionally approve or deny approval of the subdivision final plat.
(d) Review and decision by Town Board. At its next regularly scheduled meeting following the receipt of a recommendation from the Planning Board, the town’s Board of Commissioners shall review and make its decision on the submitted subdivision final plat. During its review, the Town Board shall make its decision to approve, recommend modification of or deny approval of the final plat based on the standards in division (F)(4) below.
(4) Standards for approval. The final plat shall:
(b) Be in substantial conformity with the approved subdivision preliminary plat;
(c) Comply with all other relevant provisions of this chapter;
(d) Be consistent with all other relevant town ordinances and regulations;
(e) Indicate the installation of all required improvements, or financial guarantee of the installation; and
(f) Include all required certificates.
(5) Certification. No subdivision final plat may be recorded unless all relevant certificates, as identified in § 152.362 of this chapter, have been signed by the appropriate officials.
(6) Recordation. The subdivider shall file the approved subdivision final plat with the county’s Register of Deeds for recording, and shall provide proof of recording to the Ordinance Administrator within 30 days after the date of approval or the subdivision final plat shall expire.
(G) Minor subdivision.
(1) General. The minor subdivision procedure shall be utilized for the subdivision of land into ten or fewer lots provided the development complies with all of the following:
(a) The total land area included within the subdivision is ten acres or less;
(b) No new streets, alleys or other public rights-of-way are created;
(c) No changes are made to the existing streets, alleys or other rights-of-way;
(d) No new utilities are required to be installed to serve the subdivided land;
(f) No flag lots are created.
(2) Required contents of minor subdivision plat. A minor subdivision plat shall contain the same information as required by division (E)(2) above.
(3) Review and approval procedures.
(b) Review and action by Ordinance Administrator. Applications for minor subdivisions shall be reviewed and acted on by the Ordinance Administrator within ten days of the submission of a complete application. The Ordinance Administrator shall issue his or her decision to approve, require modification of or deny approval to the application for minor subdivision approval based on the requirements of division (G)(4) below.
(5) Certification. No minor subdivision plat may be recorded unless all relevant certificates, as identified in § 152.362 of this chapter, have been signed by the appropriate persons.
(6) Recordation. The subdivider shall file the approved minor subdivision plat with the county’s Register of Deeds for recording, and shall provide proof of recording to the Ordinance Administrator within 30 days after the date of approval or the approved plat shall expire.
(7) Amendment. A minor subdivision plat may be amended or modified only in accordance with the procedures and standards established for its original approval.
(H) Recombination plat.
(1) General. This section establishes the procedure for review of a recombination plat, or the resubdivision or re-combination of existing lots located in an approved and recorded plat.
(2) Required contents of recombination plat. A recombination plat shall contain the same information as required by division (E)(2) above.
(3) Review procedure.
(b) Review and action by Ordinance Administrator. Applications for recombination plats shall be reviewed and acted on by the Ordinance Administrator within ten days of the submission of a complete application. The Ordinance Administrator shall issue his or her decision to approve, require modification of or deny approval to the application for recombination plat approval based on the requirements of division (H)(4) below.
(4) Standards for approval. An application for a recombination plat shall be approved upon a finding of the Ordinance Administrator that the application complies with the following:
(a) All lots comply with the standards and requirements of this chapter;
(b) Drainage, easements and rights-of- way shall not be changed;
(c) No existing lots shall be rendered non-conforming;
(d) The rear portion of a lot shall not be subdivided from the front part unless the original lot had frontage on two streets; and
(e) The recombination of land shall result in lots that maintain the character of the surrounding area in terms of size, configuration and general lot shape.
(5) Certification. No recombination plat may be recorded unless all relevant certificates, as identified in § 152.362 of this chapter, have been signed by the appropriate officials.
(6) Recordation. The subdivider shall file the approved recombination plat with the county’s Register of Deeds for recording, and shall provide proof of recording to the Ordinance Administrator within 30 days after the date of approval or the approved plat shall expire.
(Ord. passed 3-5-2018)