(A) A development permit shall be issued for any development which is a constituent of a major or minor subdivision, and a plat for a major subdivision, or minor subdivision may be recorded with the Moore County Register of Deeds, only after a plat for such subdivision or phase of such subdivision has been approved, all required dedications of land have been made, all required improvements have been installed and inspected, or financial guarantees put in place and a warranty on improvements in accordance with Sections 9.17.1.24, Section 9.17.1.25 and the Village Engineer Standards and Specification Manual has been provided to the Village by the developer. All improvements shall be made in accordance with the procedures and requirements of this Section;
(B) The Village shall not accept and maintain any street, water or sewer line, nor shall the Village extend or connect any street lighting, right-of-way dedication, easement, drainage improvement to any subdivision of land or erect a street sign until and unless a plat for such subdivision has been approved and recorded in accordance with the requirements set forth in this Section and the requirements of the Village of Pinehurst Engineering Standards and Specifications Manual are met;
(C) There are three (3) procedures for the approval of subdivisions, depending on whether the subdivision is an exempt subdivision, minor subdivision or a major subdivision. All materials shall be submitted using the Village’s Online Permit Center and shall satisfy the electronic recordation requirements of the County of Moore:
(1) Exempt subdivisions shall include the following:
(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 this Ordinance;
(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 of purchase of strips of land for the widening or opening of streets;
(d) The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this Ordinance;
(e) The division of a tract into plots or lots used as a cemetery.
(f) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under NCGS Chapter 29.
Nothing in this Section or elsewhere in this Ordinance shall be interpreted to allow the consecutive subdivision of land into not more than three (3) lots in order to avoid making dedications and improvements for streets and other facilities otherwise required by the Village for subdivisions; no such subdivisions shall be approved or permitted by the Village
Nothing in this Section or elsewhere in this Ordinance shall be interpreted to allow the consecutive subdivision of land into not more than three (3) lots in order to avoid making dedications and improvements for streets and other facilities otherwise required by the Village for subdivisions; no such subdivisions shall be approved or permitted by the Village Council or the Village Manager.
In addition, no plat shall be recorded for any division of land exempt from this Ordinance unless an exempt subdivision plat is prepared with the appropriate Certificate of Exemption, as shown in Appendix E, is signed by the Village Manager and the fee for such exempt subdivision plat is paid.
Exempt subdivision applications shall be reviewed by the Village Planner and approved by the Village Manager;
(2) Minor Subdivision: a subdivision that does not involve any of the following: (a) creation of more than three (3) lots from any one (1) tract of land (as the tract existed on October 23, 1995) whether such lots are created at one time or over a period of ten (10) years, thereafter; and (b) dedication or improvement of any new street other than widening approved existing streets.
Minor subdivision applications shall be reviewed by the Village Planner and approved by the Village Manager;
(3) Expedited Minor Subdivision: Exception for the Division of a Tract of Land in Single Ownership. The Village shall require only a final plat for recordation for the division of a tract of land if all of the following criteria are met: (a) The tract or parcel is owned by one person or legal entity; and (b) The parcel proposed for division is not greater than ten (10) acres and no street right-of-way dedication is involved; and (c) The area of the tract or parcel to be divided is greater than five (5) acres; and (d) After division, no more than three lots will exist; and (e) After division, all of the lots will meet the following three standards: 1) The lot dimension size requirements; 2) The use of the lots conform with the standards of the Pinehurst Development Ordinance; and 3) A permanent means of practicable ingress and egress is recorded for each lot.
(4) Major subdivision: any subdivision other than an exempt or minor subdivision.
Major subdivision applications shall be reviewed by the Planning and Zoning Board after staff has completed its review. The Planning and Zoning Board shall conduct a public hearing in accordance with section 4.1.2 and formulate a recommendation and forward the plat to the Village Council. The Village Council shall conduct a public hearing in accordance with section 4.1.2 and may approve or deny the plat or return it to the Planning and Zoning Board for further consideration. The Village Council and the Planning and Zoning Board shall evaluate the plat application in accordance with Section 9.17.1.3 through Section 9.17.1.6 below.
(Ord. 21-12, passed 07-27-2021; Ord. 21-14, passed 10-26-2021)