7.06.1 MINOR SUBDIVISION REVIEW
A. Applicability
1. The minor subdivision review process is required for those divisions of land which contains five or fewer lots and do not require the dedication of public utilities, public easements and/or public streets.
2. If the subdivider 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, road or right-of-way from the property to be subdivided, the subdivision shall not qualify under the minor subdivision procedure. Furthermore, 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 any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval.
B. Pre-Application Process
It is required that every applicant for a minor subdivision meet with the Administrator prior to the submittal of an application. The purpose of this meeting is to provide clarification and assistance in the preparation and submission of plats for approval.
C. Process Type: Administrative.
D. Required Application Information
Sketch plan (may be waived by Administrator as appropriate) & final plat.
E. Determination of Compliance
Once an application containing all needed elements is submitted, the Administrator shall review the application/plan and approve or deny it based on compliance with the standards contained in this ordinance.
F. Appeals
Appeals of decisions of the Administrator shall be heard by the Board of Adjustment. An appeal must be made in writing by the applicant within 30 days of the receipt of the committee’s comments.
G. Validity & Extensions
Approval of a final plat for a minor subdivision, the plat shall be signed by the Administrator and the owner(s). Upon signature, minor subdivision plats shall be recorded at the Harnett County Register of Deeds within 30 days following approval or the approval becomes invalid.
7.06.2 MAJOR SUBDIVISION PRELIMINARY PLAT
A. Applicability
The major subdivision preliminary plat review process is required for those divisions of land that create six lots or more, or which require the dedication of public utilities, public easements and/or public streets.
B. Pre-Application Process
It is required that every applicant for major subdivision preliminary plat meet with the Administrator in a conference prior to the submittal of an application. The purpose of this conference is to provide clarification and assistance in the preparation and submission of plans for approval.
C. Process Type: Administrative.
D. Required Application Information: Existing conditions map & master plan.
E. Determination of Compliance
The Technical Review Committee shall review the plan to ensure that it is complete. Upon approval, the applicant may submit a subdivision construction plan.
F. Decisions
If the Administrator approves the major subdivision preliminary plat, the applicant will be directed to proceed to the preparation of construction plans. If the Administrator disapproves or approves conditionally the plan, the reasons for such action shall be stated in writing and entered in the records of the town, and the applicant may make changes and submit a revised plan for consideration in accordance with the procedures set forth in this section.
G. Appeals
An appeal from the decision of the Administrator regarding a major site plan may be made by an aggrieved party and shall be made to the Board of Adjustment. Any such petition shall be filed with the Administrator within 30 days after the decision or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the secretary or chairman of the Board at the time of its hearing of the case, whichever is later. The decision may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested.
H. Validity & Extensions
1. Per G.S. § 160D-108(d)(3), approval of a major subdivision preliminary plat shall be valid for two years from the date of approval. Construction plans shall be presented for approval prior to the end of this two-year period.
2. Per G.S. § 160D-108(d)(4), if the approved major subdivision preliminary plat provides for multiple construction phases within the subdivision, contains 100 acres or more, and is subject to committed elements with a requirement to offer land for public use as a condition of approval, the multi-phase development shall be vested for a period of seven years from the time of major subdivision plan approval.
3. The Administrator may grant a single extension of this time period of up to one year upon submittal by the applicant of sufficient justification for the extension. Sufficient justification may include, but is not limited to, delays in other outside agency permits, financing institution delays, or other similar reasons beyond the control of the applicant.
4. If an extension is denied, or a major subdivision preliminary plat is not presented for approval within a granted extension period, the applicant may reapply for a major subdivision preliminary plat using the same process as if the application was being considered for the first time.
I. Substantial Changes
1. Any substantial change to a major subdivision preliminary plat as noted below shall be reviewed by the Planning Board and approved or denied by the Administrator/TRC.
2. The following changes to a major subdivision preliminary plat shall be considered substantial:
a. When there is introduction of a new vehicular access point to an existing street, road or thoroughfare not previously designated for access.
b. Modification of special performance criteria, design standards, or other requirements specified by the major subdivision preliminary plat.
c. When there is an increase in the total number of residential dwelling units originally authorized by the approved major subdivision preliminary plat.
7.06.3 SUBDIVISION CONSTRUCTION PLAN REVIEW
A. Pre-Application Process
No meeting is required but applicants are encouraged to call or visit the Administrator to determine what information is required for the application.
B. Process Type: Administrative.
C. Required Application Information: Existing conditions map & construction plans
D. Determination of Compliance
The site construction plan shall be reviewed by the Technical Review Committee for compliance with the requirements of this ordinance and for conformity with the approved major subdivision preliminary plat, if applicable. Provided the application is complete, applications shall be reviewed by the committee and written review comments will be given to the applicant within 30 days of receipt of the subdivision construction plan.
E. Appeals
Appeals of decisions of the Technical Review Committee shall be heard by the Board of Adjustment. An appeal must be made in writing by the applicant within 30 days of the receipt of the committee’s decision.
F. Phasing
Subdivision construction plans for phased subdivisions shall be reviewed and recorded individually in accordance with the schedule presented by the applicant during the major subdivision preliminary plat approval.
G. Validity & Extensions
1. Approval of a subdivision construction plan shall be valid for two years from the date of approval. A final plat shall be recorded prior to the end of this two-year period.
2. The Administrator may grant a single extension of this time period of up to one year upon submittal by the applicant of sufficient justification for the extension. Sufficient justification may include, but is not limited to, delays in other outside agency permits, financing institution delays, or other similar reasons beyond the control of the applicant.
7.06.4 FINAL PLAT
A. Process Type: Administrative.
B. Required Application Information: Final plat & as-built drawings.
C. Required Improvements
All required infrastructure improvements shall be either installed or financially guaranteed in accordance with Article V.
D. As-Builts
Upon completion of a development, and before a final plat shall be approved (unless financially guaranteed), the applicant shall certify that the completed development is in substantial accordance with the approved plans and designs, and shall submit actual “as built” plans for all public infrastructure after final construction is completed.
E. Determination of Compliance
The final plat shall be reviewed by the Administrator for compliance with the requirements of this ordinance and, in the case of major subdivision preliminary plats, for conformity with the approved construction plan. Provided the application is complete, plans shall be reviewed and acted upon by the Administrator and notice given the applicant within 30 days of receipt of the final plat. If the Administrator has not completed review in this time period, the applicant may seek final approval from the Board of Commissioners at their next meeting.
F. Appeals
Appeals of decisions of the Administrator shall be heard by the Board of Adjustment. An appeal must be made in writing by the applicant within 30 days of the receipt of the Administrators decision.
G. Effect of Approval
The approval of a final plat does not constitute acceptance for maintenance or other purposes of improvements in rights-of-way, such as utility lines, street paving, drainage facilities or sidewalks. Such improvements, when located within the corporate limits of the Town of Lillington, may be accepted only by action of the town following inspection and approval. Public land designated on a plat shall be considered to be offered for dedication, but not accepted until the Board of Commissioners has by expressed action done so.
H. Phasing
Final plats for phased subdivisions shall be recorded in accordance with the schedule presented by the applicant during the construction plan approval.
I. Validity & Extensions
Final plats that have been granted approval must be recorded within 30 days following approval or the approval becomes invalid. No lots in a subdivision shall be sold prior to approval by the town and recording of the final plat for the subdivision. Upon signature, final plats shall be recorded at the Harnett County Register of Deeds within 30 days following approval or the approval becomes invalid.
(Ord. passed 2-14-2017; Ord. 2020-01, passed 7-9-2019; Ord. passed 2-15-2022)