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The owner of land shown on a subdivision plat submitted for recording, or his or her authorized agent, shall sign a statement on the plat stating whether or not any land shown thereon is within the subdivision regulation jurisdiction of the town.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)
Pursuant to G.S. § 160D-806, the approval of a plat shall not be deemed to constitute the acceptance by the town or public of the dedication of any street or other ground, public utility line or other public facility shown on the plat and shall not be construed to do so. However, the town may by resolution accept any dedication made to the public of lands or facilities for streets, parks, public utility lines or other public purposes, when the lands or facilities are located within its subdivision regulation jurisdiction and meets the town's requirements.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)
The Town Board may authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the Town Board shall make the findings required below, taking into account the nature of the proposed subdivision, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. When unnecessary hardships would result from carrying out the strict letter of a requirement of this chapter, the Town Board shall vary the requirement of this chapter upon a showing of all of the following:
(A) Unnecessary hardship would result from the strict application of the requirement. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(B) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.
(C) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
(D) The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved.
(E) Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.
(F) In considering a variance, the Town Board shall follow the quasi-judicial procedures outlined in § 152.074.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)
(A)
Before adopting, amending, or repealing any provision of this chapter, the Town Board shall hold a legislative hearing. A notice of the hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the town. The notice shall be published the first time not less than ten days nor more than 25 days before the date scheduled for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included. If the proposed adoption or modification would affect the permitted uses of land located five miles or less from the perimeter of a military base, the town shall provide written notice of the proposed changes by certified mail, return receipt requested, to the commander of the military base not less than ten days nor more than 25 days before the date scheduled for the hearing. The Town Board shall take any comments or analysis provided by the commander regarding the compatibility of the proposed regulation or amendment with military operations at the base into account before making a final decision.
(B) No amendment to this chapter shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendations. The Planning Board shall have 30 days within which to submit a report. If the Planning Board fails to submit a report within the specified time, it shall be deemed to have approved the amendment. The Town Board shall not hold its required hearing or take action until it has received a recommendation regarding the regulation from the Planning Board or until the 30 days has elapsed without the Planning Board providing comment.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)
It is not intended that this chapter repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, where this chapter imposes greater restrictions, the provisions of this chapter shall govern.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)
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