A. Purpose and Intent. In compliance with G.S. Ch. 160D, Article 8 of the General Statutes “Subdivision Regulation,”the purpose of this Section is to promote functional, safe and aesthetically pleasing subdivision and development of property. This section shall address subdivision types, the approval process for subdivisions and plats, and required standards for subdivision design. This Section shall:
1. Provide for the orderly growth and development of the City;
2. Ensure required infrastructure is adequate to serve areas with new development;
3. Facilitate the further re-subdivision of larger tracts into smaller parcels of lands and individual lots, where appropriate;
4. Ensure adequate services are available to any new development;
5. Ensure recreational opportunities are available to any new development;
6. Provide for the conservation, protection and preservation of natural resources and historical areas;
7. Ensure necessary easements are created and provisions are made to allow for maintenance of infrastructure; and
8. Ensure that offers of dedication of infrastructure are properly made and accepted.
B. Applicability. For the purpose of this Section, and consistent with G.S. § 160D-802, “subdivision regulations” shall be applicable to all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions, in any zoning district, when any one or more of those divisions is created for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets.
1. Exemptions. The following shall not be included within this definition nor be subject to the regulations authorized by 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 the resultant lots are equal to or exceed the standards of the UDO.
b. The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved.
c. The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors.
d. The division of a tract in single ownership whose entire area is no 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 this Article.
e. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes.
C. Plat Recordation. A plat for recordation for the division of a tract or parcel of land in single ownership is required only if all of the following criteria are met:
1. The tract or parcel to be divided is not exempted by this Section;
2. No part of the tract or parcel to be divided has been divided within ten (10) years of the proposed division;
3. The entire area of the tract or parcel to be divided is greater than five (5) acres;
4. After subdivision of land, no more than three (3) lots result from the division;
5. After land division, all subsequent lots comply with all the following:
a. All lot dimension size requirements of the applicable land-use regulations, if any;
b. The use of the lots is in conformity with the applicable regulations of this UDO, if any; and
c. A permanent means of ingress and egress is recorded for each lot.
D. Subdivision Approval. Subdivisions shall not receive final plat approval unless:
1. Design and layout of any proposed subdivision meets the requirement of this Section and the UDO.
2. The proposed subdivision meets the Development Review and Procedure Checklist for Subdivisions as specific in the Standard Specifications and Detail Manual.
3. An attorney certifies that proper legal provisions have been made regarding:
a. Establishment of a homeowner or property owner association in conformance with Section 8.1.7.Q: Owner Associations;
b. Declaration of covenants and restrictions for common areas and open space; and
c. Provisions for perpetual ownership and maintenance of commonly owned utilities, improvements, streets and lands.
E. Standards. All development shall comply with the City’s Standard Specifications and Detail Manual, this UDO, the City’s approved Land Use and Transportation Plan, Forward Monroe, and other approved City documents.
F. Fees. In compliance with G.S. § 160D-805, the City shall provide notice to interest parties of the imposition of or increase in fees or charges applicable solely to the construction of development subject to this Article at least seven (7) days prior to the first meeting where the imposition of or increase in the fees or charges is on the agenda for consideration.
G. Effect. In compliance with G.S. § 160D-806, the approval of a plat shall not be deemed to constitute or effect the acceptance by the City or public of the dedication of any street or other ground, public utility line, or other public facility shown on the plat.
H. Appeals. Appeals of subdivision decisions may be made to superior court pursuant to G.S. § 160D-1403(b). See also Section 3.4.11.
I. Phasing. Lots may be recorded and public improvements may be constructed in phases.
1. Phasing shall require the submittal of a phasing plan to ensure conformance with an approved subdivision plan.
2. Phasing plans shall indicate the timing of construction of public improvements so that lots in each phase is proportional to the required improvements necessary to serve that phase.
3. Rights-of-ways and easements shall be established in each phase to ensure that all have public street access and access to required public utilities.
4. Density, setback, buffers, open space, and parking requirements shall be met for each phase.
5. Phasing plans may be modified with the approval of the Director.