(A) Compliance required. After the effective date of this article, no plat of a subdivision of land subject to the jurisdiction of this article will be filed or recorded by the County Register of Deeds until it has been submitted to and approved by the town in accordance with these regulations. This applies to all subdivision activities included in the definition of subdivision, found in § 8-2.2.
(B) General requirements. The following statements provide general requirements and policies to be used in the design, review and approval of any subdivision under the jurisdiction of this article. Questions of interpretation of any of these provisions should be discussed with the Planning Director or designated administrative agent at the earliest possible time in the development of a subdivision proposal.
(1) Consistency with adopted public plans and policies. All subdivision of land approved under these regulations shall be consistent with the most recently adopted public plans and policies for the area in which it is located. This includes general policy regarding development objectives for the area as well as specific policy or plans for public facilities such as streets, parks and open space, schools and other similar facilities. Plans and policies for the community are on file in the offices of the town.
(2) Conformity. All proposed subdivisions shall be planned so as to facilitate the most advantageous development of the entire neighboring area. In areas with established development, new subdivisions shall be planned to protect and enhance the stability, environment, health and character of neighboring areas. The geometry of streets and intersections and the location of street connections will be assessed to minimize the detrimental effects of high volume, high-speed neighborhood through traffic. This assessment will consider the location of large-scale traffic generating uses, as well as the adopted thoroughfare plan and the land development plan.
(3) Access between adjoining properties. To the maximum extent practicable, all streets shall connect to create a comprehensive network of public areas which allows free movement of automobiles, bicyclists and pedestrians.
(4) Relation to topography. In sloping terrain, streets will generally parallel the contours of the land insofar as practicable, to avoid steep grades and the concentration of surface storm water runoff. Variations are allowed to meet design objectives for the development and/or to calm vehicular speeds.
(5) Mature trees and natural vegetation. Streets and development sites shall be designed to protect and preserve, to the greatest extent practicable, stands of mature trees and other areas of significant natural vegetation. Minor adjustment of street alignment on the ground is permitted to achieve this objective, so long as standard drainage requirements continue to be met and the actual location of the street on the ground is reflected on the final plat or an amended final plat.
(6) Access to parks, schools and the like. Streets and sidewalks shall be designed to assure convenient access to parks, greenways, playgrounds, schools and other places of public assembly. Supplemental walkways not associated with streets may not be less than ten feet in width and may be required to be large enough to provide vehicular access for maintenance vehicles.
(7) Discourage through traffic. Methods to discourage high volume, high speed through traffic shall consider street geometry, intersection design and other traffic calming measures.
(8) Relationship to railroad rights-of-way. When a subdivision adjoins a railroad right-of-way, the subdivider may be required to arrange the street pattern to provide for future grade separation of street and railroad crossings.
(9) Half streets. Whenever an existing half street is adjacent to a tract of land to be subdivided, the other half of the street shall be platted within the tract. New half streets are prohibited, except when essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where it will be practicable to require the dedication of the other half when the adjoining property is subdivided.
(10) Parallel streets along thoroughfares. Where a tract of land to be subdivided adjoins a federal or state highway or a major arterial street, the subdivider may be required to provide a marginal access street parallel to the highway.
(11) Public school and public park sites. The subdivider shall determine if the tract of land to be subdivided appears in any adopted plan or policy document as a future public school, public park, greenway or open space site by contacting the appropriate agency. The subdivider shall provide certification to the Planning Director or designated administrative agent to indicate whether or not the area proposed to be subdivided includes any identified future public school or public park site. If no certification is provided, the Planning Director or designee shall make the determination by contacting the appropriate agencies. If the site(s) are included in the area to be subdivided, the Planning Director or designee will notify the appropriate agency of the proposed subdivision and its effect on the future public site. The appropriate agency must decide within 30 days if it wishes to reserve the site for future acquisition. If the site is not to be reserved, then the subdivision will be processed in the normal fashion. If the agency does wish to reserve the site, then the subdivision will not be approved without the reservation. The appropriate agency will have 18 months from the date of preliminary plat approval to acquire the site by purchase, receipt of a dedication or by initiating condemnation proceedings. If, at the end of the 18-month period, none of the actions listed above have commenced, the subdivider may consider the land free of any reservation.
(12) Proposed street names. Proposed street names shall be coordinated with the County Planning Department or other designee.
(13) Easements. Easements established to the width and in the locations required by the consulting engineer, Utility Department or the town shall be provided for open or piped storm drainage, sanitary sewers, water lines and other utilities. This requirement applies to the lines installed at the time of the development of the subdivision and to easements for the lines which may reasonably be expected to be installed in the future.
(14) Proposed water and sewerage system. The preliminary subdivision plan must be accompanied by satisfactory evidence as to the proposed method of providing potable water and a system of sanitary sewage collection and disposal.
(a) Where, at the time of preliminary plat approval, these systems are to be a part of the public water and sanitary sewerage system owned and operated by the town, the preliminary subdivision plan shall be accompanied by a complete set of construction plans for the proposed systems, prepared by a registered engineer, which shall be required to meet the standards established by the utility owner/operator for connection to the system upon completion and dedication.
(b) Where, at the time of preliminary plat approval, the proposed systems to serve more than one structure do not contemplate the use of facilities owned and operated by the town, the proposed systems must be reviewed and approved by the agency or agencies with jurisdiction over the approval. This shall also include, but not be limited to, review and approval by the town to establish that construction plans meet public utility standards for adequacy and compatibility with the public system(s) in order to provide for the future orderly development of the town. Whether the proposed system serves one structure or more than one structure, the developer must provide evidence prior to preliminary plat approval of the required discharge permit or a perk test for sewage disposal on each lot, whichever is applicable. Where lots are to be served by septic tank systems, the preliminary plat and the final plat shall clearly label any lots which do not perk and for which a building permit shall not be issued until alternate sewage disposal methods are available to the lots. Prior to final plat approval, evidence must be provided that both the sewage and water system designs have been approved for construction. Prior to the issuance of any certificate of occupancy for any structure, evidence must be provided that both the water and sewer systems have been approved and are operational for the structures in question.
(c) Where local standards exceed those of state or federal agencies and where those standards may be enforced over those of state or federal agencies, then the town will coordinate all reviews for the standards. However, the approval of the proposed systems remains with the responsible agency or agencies, which may include the town.
(15) Restrictions on the subdivision of land subject to flooding. Lots that are subject to flooding shall not be established in subdivisions, except as provided in § 8-2.7(B)(6).
(C) Sketch plan required for major subdivisions. Prior to the filing of an application for approval of a major subdivision preliminary plan, a sketch plan shall be submitted to the Planning Director and any designated administrative agent for review. When submitted, this sketch plan shall be on a topographical map showing original contours at intervals of not less than four feet and existing tree lines. It shall show in sketch form the proposed layout of streets, lots and other features in relation to existing conditions. It shall also include the following information:
(1) The boundary lines of the property being subdivided;
(2) Water courses on the land to be subdivided;
(3) The location, names and rights-of-way of any existing streets on or within 300 feet of the land to be subdivided;
(4) The location of all property lines which intersect the boundaries of the property being subdivided; the zoning district of each adjacent property;
(5) Rough finished grades, the location of proposed streets, lots, parks or other open spaces, reservations, building lines, street cross-sections, number and type of buildings and the location of any building restriction flood lines required by § 8-2.7(D)(6);
(6) Zoning information for the proposed project site;
(7) Proposed front, rear and side yard dimensions for each building type along each street type;
(8) For projects within a regulated watershed protection area, the location of required buffers, if applicable;
(9) The location of general buffers or screens required for the project area, as a whole;
(10) The scale of the plan, which shall not be smaller than 100 feet to the inch; north point; date; and
(11) A small-scale vicinity map.
(D) Sketch plan also required for minor subdivisions. In order to facilitate the review and approval of a minor subdivision for which a preliminary plat is not required, a sketch plan must be submitted to the Planning Director and any designated administrative agent, who will advise the applicant of any deficiencies that must be corrected prior to submission of the final plat.
(E) Review of major subdivision sketch plan. Upon submission, the Planning Director and any designated administrative agent shall have 21 working days to review and comment on the sketch plan. A technically deficient sketch plan shall be returned to the subdivider with comments.
(F) Preliminary plat requirements. The preliminary subdivision plat shall be drawn to the following specifications and shall contain or be accompanied by the information listed below. No processing or review of a preliminary plat will proceed without all of the information listed:
(1) The boundary of the area to be subdivided and the location within the area, or contiguous to it, of any existing streets, railroad line, water courses, easements or other significant features of the tract;
(2) The location, size, elevations of existing sanitary sewers, storm drains, and culverts within the tract and immediately adjacent thereto;
(3) Original contours, including tree lines, shown at intervals of not less than four feet for the entire area to be subdivided and extended into adjoining property for a distance of 300 feet at all points where street rights-of-way connect to the adjoining property. These contours shall be referenced to mean sea level datum established by the U.S. Coast and Geodetic Survey. Proposed contours for the full width of all street rights-of-way, along open drainage channels and in all other portions of the subdivision where extensive grading is proposed must be shown. These requirements shall not apply where the size of the subdivision and the topography make the information unnecessary;
(4) The location of proposed streets, alleys, easements, lots, parks or other open spaces, reservations, other property lines, front build-to lines and rear and side yard dimensions for each lot, street dimensions, tentative building locations and the location of any building restriction flood lines required by § 8-2.7(D)(6);
(5) The location of all proposed storm drains and appurtenances with grades, inverts and sizes indicated, together with a map of the drainage area or areas tributary to the proposed storm drains, a copy of the data used in determining the sizes of drainage pipes and structures, and the building restriction floodline and flood protection elevation for each lot subject to flooding, as defined in § 8-2.7(D)(6);
(6) The name of the subdivision; the name and signature of the owner or the owner's duly authorized agent; the name of the surveyor, engineer or designer; the names of proposed streets; the names of adjoining subdivisions or property owners. The name assigned to the subdivision and the names assigned to streets at this time will be used throughout the review and approval process for preliminary and final plats and may not be changed without approval of the Planning Director and or designated administrative agent;
(7) The scale of the plan which shall not be smaller than 100 feet to the inch, north point, date;
(8) Typical cross sections of internal or abutting streets showing width, sidewalk and planting details and proposed construction of roadways;
(9) Proposed profiles of roadways. Where a proposed street is an extension of an existing street the profile shall be extended to include 300 feet of the existing roadway and storm drains, if present, and a cross section of the existing street shall be shown. Where a proposed street within the subdivision abuts a tract of land that adjoins the subdivision and where the street may be expected to extend into the adjoining tract of land, the profile shall be extended to include 300 feet of the adjoining tract;
(10) The proposed method of water supply and sewer disposal;
(11) A small-scale vicinity map showing the location of the subdivision with respect to adjacent streets and properties;
(12) The location of any existing LCID landfills on the site and the location of any proposed LCID landfills on the site;
(13) A timetable for estimated project completion of the area covered by the preliminary plan;
(14) The zoning district(s) in which the project is located;
(15) For projects in the Watershed Overlay District, the calculated built-upon area permitted for each building lot, taking into account permanently preserved open space, is required; and
(16) For subdivisions within which open space is required, a draft of the documents by which irrevocable preservation of open space shall be assured.
(G) Procedures for approval.
(1) Preliminary plat; submission and approval.
(a) A preliminary plat of the proposed subdivision developed in accordance with the specifications set forth in subsection (F) above must be submitted to the Planning Director or designated administrative agent. The plan shall be accompanied by an application in duplicate signed by the owner or his or her duly authorized agent on application forms to be furnished by the Planning Director or designated administrative agent. At the time of submission, the applicant will be advised as to the number of copies of the plan and related data required in subsection (F). The application for preliminary plat approval shall be accompanied by the appropriate development review fee(s) as established by the Board of Commissioners.
(b) The Planning Director or designee shall have 30 working days to review and take action on the preliminary plat. If subsequent corrections or changes to the initial preliminary plat are necessary, the reviewer shall have 20 working days to review and take action on any revised plan. The preliminary plat time limits listed above do not apply to plans for which no sketch plan has been submitted, nor to plans which contain any proposed school, park, greenway or other public facility for which reservation is required. The applicant may consent to an extension of any of the time limits.
(c) Upon determination by the Planning Director or designee and the Town Engineer, or other engineering agent designated by the Town Board to review subdivision plans, that the preliminary plat is complete, correct and in compliance with subsection (F) above as submitted, or has been resubmitted and found complete and correct, the plan shall be approved. If the preliminary plat is different from the approved sketch plan, the Planning Director or staff under his or her direction is authorized to approve the plan, approve with conditions or deny the plan.
(d) The town reserves the right to approve, disapprove in whole or in part, or condition its approval of the whole or any of its parts upon the requirements of this article as may be necessary for the health, safety and general welfare, and to achieve compliance with subsection (F) above. If a preliminary plat is disapproved, the Planning Director shall furnish a written notice of the denial and the reasons for the denial upon request of the applicant. An administrative disapproval may be appealed in accordance with the provisions of § 8-2.4.
(2) Exceptions: when preliminary plat not required.
(a) The required preliminary plat may be waived by the Planning Director or designee for subdivisions defined as minor subdivisions in § 8-2.2 of these regulations; provided that:
1. A minor subdivision sketch plan has received approval;
2. A plat of the tract being subdivided, accompanied by two applications signed by the owner or his or her duly authorized agent has been filed with the Planning Director or designee, and the required fee submitted; and
3. The subdivider has provided topographic information to determine flood elevations whenever the property proposed to be subdivided, or re-subdivided, is traversed by or adjacent to a known water course.
(b) However, whenever a preliminary plat is waived by the town, a final plat must be prepared and recorded as provided in subsection (H) below.
(3) Effect of approval of preliminary plat. An approved preliminary plat will be valid for a period of three years from the date of approval. If no work in furtherance of the plan except grading on the site has commenced within the three-year period, the preliminary plat approval will become null and void and a new application will be required to develop the site. If work on the site in furtherance of the plan has commenced, and the work involves any utility installations or street improvements, except grading, the plan will remain valid and in force.
(4) Release of grading permit. Preliminary plat approval is required for the issuance of a grading permit for any grading work on the site for the installation of any improvements in furtherance of the development. Once the preliminary plat is approved, further approvals under this provision are not required for grading permits for individual sites within the development, so long as grading conforms to the approved preliminary plan.
(5) Final plat; submission and approval.
(a) Upon approval of the preliminary subdivision plan, the subdivider may proceed to comply with the other requirements of this article, and the preparation of the final subdivision plat. The final plat may include all or only a portion of the subdivision as proposed and approved on the preliminary subdivision plan; provided that, all required improvements to any existing or new streets shown on the preliminary plat within the boundaries of the final plat have been provided for or been assured by the posting of a surety as provided for in § 8-2.8(K) prior to any final plat approval.
(b) The final subdivision plat must be developed in accordance with the specifications set forth in subsection (H) below. The official plat or plats, together with copies thereof sufficient for distribution, shall be presented for approval to the Planning Director or designated administrative agent for review. The plat shall be accompanied by an application for final plat approval, submitted in duplicate and signed by the owner and/or his or her duly authorized agent. The town shall have 30 working days to review and comment on the final plat.
(c) Staff shall approve, disapprove, approve with conditions or deny the approval of the final plat.
(d) If a final plat is disapproved, the Planning Director shall furnish a written notice of the denial and the reasons for the denial upon request of the applicant. An administrative disapproval may be appealed in accordance with the provisions of § 8-2.4.
(e) Upon approval, the final plat will be noted approved and shall be recorded in the office of the Register of Deeds for the county.
(H) Final plat requirements. The final plat will be prepared by a registered surveyor and must be drawn to scale not smaller than 100 feet equals one inch and must contain the following information:
(1) The exact boundary of the tract of land being subdivided, showing clearly the disposition of all portions of the tract;
(2) (a) The lines and names of all streets, alley lines, lot lines, lot and block numbers, front build-to line and side and rear yard dimensions for each lot, easements, reservations and areas dedicated to public purposes with notes stating their purposes. In addition, on-site LCID landfills must be shown on the final plat and on deed(s) for affected lot(s). Also, the plat for all lots subject to flooding shall include a statement as follows:
"This lot is subject to flooding during heavy rainfall and the construction of buildings or structures below the flood protection elevation of __________________ is prohibited, as further described by § 8-2.7(D)(6) of this article. Plats for multiple lots may include the flood protection elevations in tabular form."
(b) In areas where the floodway regulations are applicable, the following statement shall be inscribed on the plat:
"Any construction or use within the areas delineated by Floodway Fringe District boundary line and Floodway District encroachment line is subject to the restrictions imposed by floodway regulations."
(c) For subdivisions within which open space is required, a designation on the plat denoting the area of preservation and the limitations on its use and a reference to the recorded documents by which irrevocable preservation of open space shall be assured. A copy of the documents shall also be provided to the Planning Department.
(d) Any amendment to a previously approved final plat must note in writing on the amended plat the nature and extent of the changes and the deed or plat book and page number where previously recorded.
(3) Sufficient data to determine readily and reproduce accurately on the ground the location, bearing and length of every street and alley line, lot line, building line, easements required hereunder or of record in the county or ascertainable by physical inspection of the property, and boundary lines of reserved or dedicated areas. All linear dimensions shall be in feet and hundredths thereof. The maximum allowable error of linear closure shall not be in excess of 1:10,000. In closed traverses the sum of the measured angles shall vary with the theoretical sum by a difference not greater than an average of seven and one-half seconds per angle, or the sum of the total shall not differ from the theoretical sum by more than 90 seconds, whichever is smaller;
(4) Sufficient data to determine readily and reproduce accurately on the ground the location and extent of rural and/or urban open space to be preserved, the method of preservation and any limits on use. In addition, the subdivider shall provide to the town's planning staff a copy of any covenants and restrictions governing disposition and use of preserved open space;
(5) "As built" drawings and plans of all water system, sewer system and storm drainage system facilities. The plans shall show all easements and rights-of-way to demonstrate that the facilities are properly placed. These drawings need not be placed on the final plat but must be submitted at the time of request for final plat approval or release of any surety for required improvements, whichever comes later;
(6) "As built" cross-sections of each town street type used in the development. The cross-sections shall show improvements in the public rights-of-way and in any easement associated with the detail of the street. Features to be shown will usually include: travel lanes, parking lanes (if any), curb and gutter (or ditch), planting strip, sidewalk, utility allocation. These drawings need not be placed on the final plat, but must be submitted at the time of request for final plat approval or release of any surety for required improvements, whichever comes later;
(7) For projects in the Watershed Overlay District, the calculated built-upon area permitted for each building lot, taking into account permanently preserved open space;
(8) The name of the township in which the subdivision is located, the name of the subdivision, the zoning district, the name of the owner, the name, registration number and seal of the registered surveyor under whose supervision the plat was prepared, the date of the plat and north point, with indication of whether the north point is true, magnetic or grid, and a small vicinity map showing the location of the subdivision with respect to adjacent streets and properties;
(9) Control corners and permanent markers with adequate and sufficient description to enable a surveyor to locate the control corners or markers shall be shown on the plat. One or more corners shall be designated as control corners, and shall establish two or more street center lines or off-set lines within or on the street right-of-way lines to be permanently monumented at intersecting center line or offset lines, points of curvature or other control points, which monuments shall also be designated as control corners. In addition to the above, control corners must be established along the rear property lines of lots with a minimum of two per block located along a common line. Coordinates must be computed from the State Plane Rectangular Coordinate System, as extended therefrom; provided, a control monument is within 2,000 feet of the subdivision. The corners of all lots and parcels must be marked with iron pins driven flush with the ground. The iron pins must be placed where lot boundaries intersect railroad and public street rights-of-way;
(10) The following signed certificates (lettered or stamped) shall appear on each copy of the final plat submitted by the subdivider.
(a) Certificate of ownership and dedication.
I hereby certify that I am the owner of the property shown and described hereon and that I hereby adopt this plan of subdivision with my free consent, and dedicate all streets, alleys, walks, parks and other sites and easements to public or private use as noted. Furthermore, I dedicate all sewer lines and all water lines to the Town of Mocksville, if applicable. |
Date Owner(s) |
(b) Certificate of approval for recording. Final written approval by the Planning Director or staff, under his or her direction, must be entered on the plat for recording. Changes or amendments to an approved final plat which already bears the written approval prior to recording the plat constitutes a violation of this article. A copy of the sealed and recorded final plat must be delivered to the Town Planning Department within five days of recording.
I hereby certify that the subdivision plat shown heron has been found to comply with the subdivision regulations for Mocksville, North Carolina, and that this plat has been approved for recording in the office of the Register of Deeds of Davie County. |
Date Owner(s) |
(c) Certificate of survey and accuracy.
I, _________________, certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (deed description recorded in Book ___, Line ___, Page ___, etc.) (other); that the error of closure as calculated by latitudes and departure is 1: ____; that the boundaries not surveyed are shown as broken lines plotted from information found in Book ___, Page ___; that this map was prepared in accordance with G.S. § 47-30 as amended. Witness my hand and seal this ____ day of _________, 20 ____. |
Registered Land Surveyor License or Registration Number |
(I) Plats already established by survey and record.
(1) Plats already established by survey and recorded in the County Register of Deeds office prior to the effective date of this article will be eligible for development and other administrative permits without complying with the requirements of this article, but must be developed in accordance with the provisions of the subdivision ordinance in effect at the time of the approval.
(2) A subdivision for which a preliminary plat has been approved and remains valid, but for which a final plat has not been recorded in the County Register of Deeds prior to 12-7-1999 shall be approved for recording without complying with the requirements of this article if final plats conform to the requirements of the subdivision ordinance in effect at the time of preliminary plat approval. The subdivision will be inspected and must be developed in accordance with the provisions of the subdivision ordinance in effect at the time of preliminary plat approval.
(2003 Code, § 8-2.6) (Adopted 4-1-2003)