(a) General. For all major subdivisions, the subdivider shall submit seven copies of a preliminary plat containing all required information to the subdivision administrator.
(b) Contents required. The preliminary plat shall be clearly and legibly drawn at a scale sufficient to clearly indicate the necessary details. The preliminary plat shall be executed by a registered land surveyor and shall contain the following information:
(1) Vicinity map.
(2) Boundaries of the tract.
(3) Existing and proposed uses.
(4) Name, address and telephone number of owner.
(5) Streets and lots of adjacent properties.
(6) Zoning classification and adjacent zoning.
(7) Proposed water and sewer line location.
(8) Boundaries with bearings, distances and closures.
(9) Drainage channels.
(10) Any public or private easements.
(11) Setback lines, all shall comply with minimum requirements of chapter 36.
(12) Title, date, name and location of subdivision.
(13) Name of subdivider, registered surveyor and seal.
(14) Plans for water and sewer accompanied by written recommendations from the town engineer after thorough review.
(15) Location of any areas of environmental concern: wooded areas, steep slopes, or watercourses such as wetlands, marsh, trout streams, lakes, tributaries, etc.
(16) Copy of any covenants or deed restrictions that will affect land clearing, land disturbance and/or development standards.
(17) Tree protection plan. (See section 28-109.)
(18) Erosion control plans accompanied by written recommendations from the town erosion control officer after thorough review.
(c) Subdivision plat requirements. The following items shall be required information for review of a minor subdivision plat, in conjunction with any applicable standards referenced in section 28-35:
(1) Vicinity map showing location of subdivision in relation to neighboring tracts.
(2) Boundaries of tract and portion to be divided.
(3) Total acreage to be divided.
(4) Existing and proposed uses within the subdivision and existing uses of adjacent land.
(5) Existing street layout and right-of-way width, lot delineation and size.
(6) Name, address and telephone number of owner.
(7) Name of subdivision.
(8) All setback lines.
(9) Streets and lots of adjacent developed or platted property.
(10) Zoning classification of tract and adjacent tracts.
(11) Date of preparation, township, county and state.
(12) Proof of sewer and water utility permits.
(13) Tree protection plan. (See section 28-109.)
(d) Town staff review procedure.
(1) Upon submission of a preliminary plat to the subdivision administrator in accordance with subsection (a) of this section, the subdivision administrator shall circulate one copy of said plat to appropriate town staff for review of streets, utilities, and zoning.
(2) Within 14 days of receipt of a copy of the preliminary plat, the appropriate town staff shall submit written approval or disapproval to the subdivision administrator as follows:
a. The public works director shall approve or disapprove plans for the sanitary sewer and water distribution systems.
b. The public works director shall approve or disapprove plans for streets and drainage within the proposed subdivision.
c. The subdivision administrator shall approve or disapprove the preliminary plat based on conformity or nonconformity with all applicable elements of chapter 36.
(3) Any disapprovals submitted to the subdivision administrator shall be accompanied by a list of actions necessary to eliminate the reasons for such disapproval. Upon receipt of any disapproval from town staff, the subdivision administrator shall notify the subdivider in writing of such disapproval and the actions necessary to eliminate the reasons for such disapproval. The subdivision administrator and the staff member indicating any disapproval shall be available to work with the subdivider as he takes steps necessary to eliminate reasons for such disapproval.
(e) Zoning and planning board review procedure. When the subdivision administrator receives written approval from all staff as required in this section, he shall notify the chairperson of the zoning and planning board or his designee. At that time, copies of the preliminary plat shall be distributed to members of the zoning and planning board. First consideration of the preliminary plat shall be at the next regularly scheduled meeting of the zoning and planning board that follows at least seven days after the chairperson or his designee has received said notification from the subdivision administrator. The zoning and planning board shall approve or deny the preliminary plat at its first consideration or within 35 days of its first consideration. Failure to take official action within this timeframe shall constitute approval by the zoning and planning board unless the board extends its review time for reasons specified below.
(1) Before taking action on the preliminary plat, the zoning and planning board may refer copies of the plat and any accompanying material to those public and any private agencies concerned with new land clearing, land disturbance and/or development, provided that the zoning and planning board may extend the 35-day review period if within said time period it has not received information it deems necessary for a thorough review of the plat.
(2) If the zoning and planning board approves the preliminary plat, such approval shall be indicated in its minutes and such approval shall be shown on each copy of the plat by the following signed certificate:
Certificate of Approval
I certify that the preliminary plat shown hereon complies with the Lake Lure subdivision regulations and is approved by the Town of Lake Lure zoning and planning board.
Date | Chairman, Zoning and Planning Board |
(3) If the preliminary plat is disapproved by the zoning and planning board, the reasons for such disapproval shall be stated in writing, specifying the provisions of this Code with which the preliminary plat does not comply. One copy of the reasons and one copy of the plat shall be retained by the zoning and planning board; one copy of the reasons and the remaining copies of the plat shall be transmitted to the subdivider. If the preliminary plat is disapproved, the subdivider may make such changes as will bring the plat into compliance and resubmit same for reconsideration by the zoning and planning board as provided in this article.
(4) Approval of the preliminary plat shall be valid for one year unless a written extension is granted by the zoning and planning board on or before the one-year anniversary of said approval. If the final plat is not submitted for approval within said one-year period or any period of extension, the said approval of the preliminary plat shall be null and void.
(f) Erosion control plans. No person shall initiate any land disturbing activity which disturbs more than one contiguous acre within the proposed subdivision without having an erosion control plan approved by the land quality section of the State Department of Natural Resources and Community Development and the subdivision administrator, as required by chapter 22. Written documentation shall accompany the preliminary plat.
(g) Deposit of compliance. A deposit of compliance that is refundable when all infrastructure has been approved by the subdivision administrator shall be required. In the event that any damages occur to town infrastructure and/or property, these funds may be seized to cover any costs associated with correcting said damages. The deposit of compliance shall be a certified or cashier's check in the amount set by the zoning and planning board. The zoning and planning board shall establish the amount of the deposit based on the degree of risk to town infrastructure and/ or property. This amount shall be no less than $1,000.00, and no more than $10,000.00.
(Code 1989, § 91.17; Ord. of 3-22-1994; Ord. of 11-13-2001; Ord. of 10-10-2006; Ord. of 11-14-2006; Ord. of 6-10- 2008; Ord. of 11-10-2009)