(A) Commercial plan and design requirements.
(1) Development plans involving new construction of commercial space must be approved by the Board of Aldermen before issuance of a zoning permit. The Planning Board shall review and make recommendations prior to recommending action by the Board of Aldermen; furthermore, the Planning Board may return the development plan to the applicant/owner for revision and/or additional information before recommending action by the Board.
(2) Upon submittal of a development plan and all required materials specified by the Planning Board, the Planning Board shall have 20 working days to either return the development plan to the applicant with noncompliance findings noted, or notify the applicant of an approval/rejection/ recommendation for approval/return for revision and/or additional information. Notification may be verbal, but must be documented in writing within 30 days following the notification date. Each time a development plan is rejected, revised or returned for additional information, the timetable for official action shall begin anew. Should a period of 30 days elapse between the submittal of a development plan and the issuance of a written notification, then the development plan shall be deemed approved/recommended for approval.
(3) Where Board of Aldermen approval is required as specified herein, the Board shall have 60 days following receipt of the Planning Board's recommendation to take action either to approve or reject the development plan. Failure of the Board of Aldermen to act on the development plan within the specified period shall deem approval of the development plan as submitted.
(4) Applicants wishing to re-submit rejected development plans must reapply. Substantial changes to approved development plans must be reviewed by the Planning Board and approved by the Board of Aldermen. Approved development plans must apply for all required permits, including zoning. All reapplications are subject to the current fee schedule as approved by the Board of Aldermen.
(5) Applicants requesting development plan review/approval shall be required to pay a review fee in accordance with the fee schedule at the time of each development plan submittal and/or request for substantial revision.
(B) Effect of development plan approval; validity.
(1) Approval of the development plan shall authorize the applicant to proceed with the installation of site improvements provided all other regulatory requirements and permits are satisfied. Approval shall not authorize the sale or transfer of lots/tracts/units, or the occupancy/use, or the revision of the approved development plan. Development plan approval shall be void unless installation of improvements is in accordance with the approved development plan and/or approved revisions thereto. Development plan approval is valid for a period of one year from the date of approval; however, approved revisions shall not constitute additional time unless specified in writing by the Planning Board upon approval of said revisions. Substantial revision to a development plan requires re-application as described in § 2.06.06(A), may constitute a new validation period.
(2) Projects requiring more than one year for construction and completion may request additional time in either the application or a subsequent letter or request; however, no approval shall be granted for a period greater than two years. Projects requiring phased construction or approval for periods exceeding two years shall submit development plans for each phase or for each extended period of construction, subject to the discretion of the Board of Aldermen.
(C) As-built plans; validity and effect.
(1) A set of as-built drawings and technical data shall be prepared by the applicant and submitted to the Building Inspector and Zoning Official for review of compliance prior to occupancy and/or use of developments. The Zoning Official shall notify the applicant within 15 days of receipt of the development plan as-built drawing and technical data, of any noncompliance or deficiency in information.
(2) As-built drawing(s) and technical data shall be kept on file at the Town Hall along with one copy of the approved development plan and any approved revisions thereto.
(3) Commercial development not in compliance with an approved development plan shall not be eligible for occupancy/use until all corrective measures are taken to satisfy the requirements herein.
(D) Sketch plan requirements and procedure.
(1) The sketch plan should be drawn to scale, preferably the scale required for development plan submittal. Required information shall include the following:
(a) Property boundaries and total acreage and square footage;
(b) Major topographical and physical features (i.e., water bodies, slopes, buildings, areas of environmental concern, streets and the like);
(c) Proposed streets, buildings and/or lot arrangement;
(d) Existing and proposed land use with brief project description including building sizes, unit sizes, lot sizes, open space, amenities and the like;
(e) Name, address and telephone number of applicant/owner and persons (FIRM) preparing the development plan;
(f) Adjacent street names, numbers and right-of-way widths; and
(g) Zoning district classification of site and surrounding properties, including those across streets.
(2) The sketch plan shall be submitted providing at least nine copies.
(E) Development plan requirements and procedure.
(1) The development plan shall be drawn to scale of one inch equals 30 feet unless otherwise approved by the Planning Board. Required information may be waived and/or recommended information required at the discretion of the Planning Board, where special circumstances avail. The development plan shall be submitted providing the minimum required information and should contain all applicable recommended information:
(a) Existing and proposed topographic contours, at vertical intervals no greater than two feet, of development areas;
(b) The location, use and outline of existing and proposed buildings and structures;
(c) Square footage and total percentage of built upon area;
(d) The location of proposed open spaces;
(e) The location, name, pavement width and right-of-way width of existing streets;
(f) The location, name, pavement width, curb type, right-of-way width, pavement type, sidewalk location and curb cuts of all proposed street and parking facilities and site improvement.
(g) The location of all existing and proposed utilities including electrical, water, sewage, telephone, fiber optic and gas facilities (including easements); all utilities must be underground;
(h) The location of all existing and proposed drainage facilities necessary to serve the site (including easements);
(i) Schedule of densities showing the number and type of units per acre;
(j) Schedule of building uses, by type, showing the number of bedrooms, the number of units and floor area;
(k) Buffer and screening devices proposed to separate uses within the development;
(l) Proposed perimeter buffers and screening devices;
(m) Proposed schedule of development for each phase of the project showing anticipated time for completion and estimated completion dates;
(n) Property line survey and acreage data;
(o) Vicinity map at a scale of one inch equals 400 feet and encompassing an area no less than one fourth mile in radius of the site and including:
1. Existing streets;
2. Existing watercourses and FEMA flood hazard areas; and
3. Existing land uses on the site and in the area surrounding the site.
(p) Written and graphic scale, north arrow and title;
(q) Proposed name of development;
(r) Technical report containing:
1. A description of the project including general characteristics, development concept, architectural design and amenities;
2. A general assessment of impact showing the proposed impact upon all affected utilities, transportation facilities, the environment, the local economy and local government; and
3. Engineering report to demonstrate adequacy of existing and proposed public facilities.
(s) Name, address and telephone number of the applicant and persons (FIRM) preparing the development plan;
(t) Zoning district classification of site and surrounding properties, including those across street(s);
(u) Owner names of surrounding properties;
(v) Existing driveway cuts on all adjacent properties (including those across the street(s); and
(w) Certificate of review and approval of the technical standards:
“I hereby certify that I have reviewed the plan and the plan meets or exceeds the regulations and Ordinances of the Town of North Topsail Beach.
Public Works Director | Date |
Fire Marshall | Date |
Police Chief | Date |
Building Inspector | Date |
Planning Director | Date |
(2) Development plans requiring consideration by the Board of Aldermen shall be submitted in sets of nine copies for Planning Board and eight copies for the Board of Aldermen upon recommendation by the Planning Board. Applicants are encouraged to submit the eight copies for Aldermen review after receiving and incorporating comments resulting from the Planning Board's recommendation. Facilities and/or improvement proposed for dedication to the state, the county and/or the town and/or their political subdivisions shall be submitted for design approval and plan. Before constructing, detailed plans and specification, prepared by a licensed professional engineer, shall be reviewed and approved by each relevant entity in accordance with their respective policies regarding said facilities and/or improvements. Approval of the development plan does not imply or satisfy approval requirements for such facilities and/or improvements.
(F) As-built development plan requirements.
(1) The as-built development plan shall be submitted in accordance with paragraph (C) above, and the following requirements.
(a) The as-built development plan shall constitute only that portion of the approved development plan proposed for occupancy and/or use at that time.
(b) An as-built development plan may be required to show or be accompanied by the following information subject to the discretion of the Planning Director:
1. Name of development;
2. Date including the month, day and year of the original drawings and of each revision;
3. Names and addresses of the owner of record, the applicant, the land planner, the surveyor and the engineer;
4. Boundary lines of the development with distances accurate to hundredths of a foot and bearings of one-half a minute;
5. Building height;
6. Radii, central angles, tangents, length of acres and curvature of all new street lines;
7. Lines and widths of all easements with dimensions accurate to hundredths of a foot and notation of the purpose of the easement or any limitations on its use;
8. The location and elevation of the benchmark to which contour elevation refer;
9. Lot number and a statement of the total number of lots. Lot lines shall be defined by distances in hundredths of a foot and in degrees to the nearest one-half of a minute, either by magnetic bearings or by angles of deflection from other lot and street lines;
10. Building setback lines with dimensions;
11. Statement of the intended use of all commercial areas, with reference to existing or proposed restrictions;
12. Accurate boundaries and specific designation of any area to be dedicated or reserved for public use of acquisition; and
13. Accurate boundaries of flood hazards areas and areas of environmental concern.
(c) Certificate of ownership and dedication:
“I hereby certify that I am the owner of the property shown and described hereon, which is located in the Corporate Limits of the Town of North Topsail Beach, and that I hereby adopt this development plan with my free consent, establish minimum building setback lines, and dedicate all streets, walks, parks, and other sites and easement to public or private use as noted. Furthermore, I hereby dedicate all sanitary sewer and water lines to the appropriate agency.
Owner: Date:
(d) Certificate of survey and accuracy.
“I, _________________ certify that this map was (drawn under my supervision) (deed description recorded in Book ____, page ____, etc.)(other specify); that the error of closure as calculated by latitudes and departures is 1:_; that the boundaries not surveyed are shown as broken lines platted from information found in Book ____, page and seal this _________ day of _______________, 20_____, A.D.
Surveyor, Date Registration No., Seal
Sworn to and subscribed before me this _______ day of ________________.
Notary Public Seal
(e) Certification of the approval of streets and utilities:
We hereby certify: 1) that streets, utilities, and other improvements have been installed within the Development shown and described here on in an acceptable manner and in accordance with design standards of the applicable regulations and Zoning Ordinance, Town of North Topsail Beach, North Carolina and other specification so the town: or, 2) that a security bond in the amount of $____, case in the amount of $_____, or an irrevocable letter of credit payable upon demand by the town has been posted with the town to assure completion of all required improvements in case of default.
Date:
Surveyor:
Registration No.:
Seal
Sworn to and subscribed before me this _______ day of ______________
Notary Public Seal
(f) Certificate of approval of water and sewage system:
I hereby certify that the water supply system and the sewage disposal system installed or planned to be installed to serve each lot or unit within the Development shown and described here on fully meets the requirements of the Onslow County Health Department.
Environmental Health Specialist: Date:
(g) Certificate of approval for recording:
I hereby certify that the development plan shown hereon has been found to comply with the Zoning Ordinance, Town of North Topsail Beach, North Carolina with the exception of such variances, if any, as are noted in the minutes of the Board of Adjustment at its meeting on ____________ and may be recorded in the Office of Clerk of Onslow County.
Planning Director: Date:
(2) The as-built development plan shall be provided in a minimum of two copies, each bearing the original signatures and executions of the aforementioned applicable certifications.
(G) Design requirements. All development shall be in conformance with the following design and/or construction requirements.
(1) Private improvements. Any and all components for development not intended and/or proposed for public facilities dedication and/or public utility shall be in conformance with the following regulations.
(a) Driveway and parking facilities construction shall be in accordance with § 6.05.
(b) Water and sewer line (collection/distribution and service) construction shall be in accordance with policies and procedures established and design requirements and construction standards established by the water and sewer authorities.
(c) Buildings and their respective appurtenances shall be constructed in accordance with policies, procedures, design requirements and construction standards established herein and by the building code adopted by the town, as amended.
(d) Signs and their respective appurtenances shall be constructed in accordance with the policies, procedures, design requirements and construction, standards established in Article 8 of this ordinance.
(Ord. passed 7-1-2021)