Loading...
(A) Type of streets required. All subdivision lots shall abut on a public or private street. (See division (W) below.) All public streets shall be dedicated to the town, the state or the public as determined appropriately by the Planning Board. Streets dedicated to the town shall be accepted by resolution of the Town Board. All public streets shall be built to the standards of this chapter and all other applicable standards of the town and the State Department of Transportation. Public streets shall be constructed to the standards necessary to be put on the state highway system or the standards in this chapter, whichever is stricter in regard to each particular item, and shall be put on such system. Streets which are not dedicated to the town which are not eligible to be put on the state highway system because there are too few lots or residences shall, nevertheless, be dedicated to the public and shall be in accordance with the standards in this chapter or standards necessary to be put on the state highway system, whichever is stricter in regard to each particular item, so as to be eligible to be put on the system at a later date. A written maintenance agreement with provisions for maintenance of the street until it is put on the state system shall be included with the final plat.
(B) Subdivision street disclosure statement. All streets shown on the final plat shall be designated in accordance with G.S. § 136-102.6 and designation as public shall be conclusively presumed an offer of dedication to the public. Where streets are dedicated to the public but not accepted into a municipal or state system, before lots are sold, a statement explaining the status of the street shall be included with the final plat. The provisions outlined in § 152.049 will apply.
(C) Half-streets. The dedication of half-streets of less than 60 feet at the perimeter of a new subdivision shall be prohibited. If circumstances render this impracticable, adequate provision for the concurrent dedication of the remaining half of the street shall be furnished by the subdivider. Where there exists a half-street in an adjoining subdivision, the remaining half shall be provided by the proposed subdivision. However, in circumstances where more than 60 feet of right-of-way is required, a partial width right-of-way, not less than 60 feet in width, may be dedicated when adjoining undeveloped property is owned or controlled by the subdivider; provided that, the width of the partial dedication is such as to permit the installation of such facilities as may be necessary to serve abutting lots. When the adjoining property is subdivided, the remainder of the full required right-of-way shall be dedicated.
(D) Marginal access streets. Where a tract of land to be subdivided adjoins a principal arterial street, the subdivider may be required to provide a marginal access street parallel to the arterial street or reverse frontage on a minor street for the lots to be developed adjacent to the arterial. Where reverse frontage is established, private driveways shall be prevented from having direct access to the principal arterial.
(E) Access to adjacent properties. Where, in the opinion of the Planning Board, it is necessary to provide for access to an adjoining property, proposed streets shall be extended by dedication to the boundary of such property and a temporary turnaround provided.
(F) Non-residential streets. The subdivider of a non-residential subdivision shall provide streets in accordance with the standards contained in the most current edition of the North Carolina Roads, Minimum Construction Standards booklet; and the standards in this chapter, whichever are stricter in regard to each particular item.
(G) Design standards. The design of all streets and roads within the jurisdiction of this chapter shall be in accordance with the accepted policies of the State Department of Transportation, Division of Highways, as taken or modified from the American Association of State Highway Officials (AASHO) manuals. The most current edition of the State Department of Transportation, Division of Highways, Subdivision Roads Minimum Construction Standards, shall apply for any items not included in this chapter, or where stricter than this chapter.
(H) Right-of-way widths. Right-of-way widths shall not be less than the following and shall apply, except in those cases where right-of-way requirements have been specifically set out in the thoroughfare plan.
Streets | Minimum Right-of-Way (Feet) |
Cul-de-sac | Variable** |
Local street | 50* |
Major thoroughfare other than freeway and expressway | 80 |
Minor thoroughfare | 60* |
NOTES TO TABLE: *Curb, gutter and sidewalk will be required on all minor thoroughfares, local streets and cul-de-sacs. **The subdivider will only be required to dedicate a maximum of 100 feet of right-of-way. In cases where over 100 feet of right-of-way is desired, the subdivider will be required only to reserve the amount in excess of 100 feet. In all cases in which right-of-way is sought for an access controlled facility, the subdivider will only be required to make a reservation. | |
(I) Street paving widths. Paving widths for street and road classifications shall be as required by the mutually adopted thoroughfare plan where applicable and according to the minimum standards adopted by the State Department of Transportation.
(J) Minimum sight distances. In the interest of public safety, no less than the minimum sight distance applicable (for roads), according to the State Department of Transportation, shall be provided in every instance.
(K) Intersections.
(1) Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at an angle less than 60 degrees.
(2) Property lines at intersections should be set so that the distance from the edge of pavement, of the street turnout, to the property line will be at least as great as the distance from the edge of pavement to the property line along the intersecting streets. This property line can be established as a radius or as a sight triangle. Greater off-sets from the edge of pavement to the property line will be required, if necessary, to provide sight distance for the vehicle on the side street.
(3) Off-set intersections are to be avoided unless exception is granted by the Division of Highways. Intersections which cannot be aligned should be separated by a minimum length of 200 feet between survey centerlines.
(4) Intersections with arterials, collector and thoroughfares shall be at least 1,000 feet from centerline to centerline, or more if required by the State Department of Transportation.
(L) Cul-de-sacs. Permanent dead end streets should not exceed 500 feet in length unless necessitated by topography or property accessibility and in no case shall be permitted to be over 900 feet. Measurements shall be from the point where the centerline of the dead end street intersects with the center of the turnaround of the cul-de-sac. Where one cul-de-sac intersects with another cul-de-sac, the end of each cul-de-sac shall be no more than 500 to 900 feet from a through street, measured as stated above. The distance from the edge of pavement on the vehicular turnaround to the right-of-way line shall not be less than the distance from the edge of pavement to right-of-way line on the street approaching the turnaround. Cul-de-sacs should not be used avoid connection with an existing street or to avoid the extension of an important street, unless exception is granted by the Planning Board.
(M) Alleys.
(1) Alleys shall be required to serve lots used for commercial and industrial purposes; except that this requirement may be waived where other definite and assured provision is made for service access. Alleys shall not be provided in residential subdivisions unless necessitated by unusual circumstances.
(2) The width of an alley shall be at least 20 feet.
(3) Dead end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead end as may be approved by the Planning Board.
(4) Sharp changes in alignment and grade shall be avoided.
(5) All alleys shall be designed in accordance with State Department of Transportation Standards.
(N) Other requirements. Through traffic is discouraged on residential collector and local streets. Residential collector and local streets shall be laid out in such a way that their use by through traffic will be discouraged. Streets shall be designed or walkways dedicated to assure convenient access to parks, playgrounds, schools or other places of public assembly.
(O) Sidewalks. Sidewalks will be required by the Planning Board on one or both sides of the street for minor subdivisions in areas likely to be subject to heavy pedestrian traffic such as near schools and shopping areas. Sidewalks will be required on both sides of the street in major subdivisions. Such sidewalks shall be constructed to a minimum width of four feet, and shall consist of a minimum thickness of four inches of concrete. All sidewalks shall be placed in the right-of-way, unless the development is platted as a planned unit or group development. Sidewalks shall consist of a minimum of six inches of concrete at driveway crossings. Sidewalks will be required in major subdivisions. In minor subdivisions, sidewalks may be required.
(P) Curb and gutter. In a minor subdivision curb and gutter may be required. Curb and gutter will be required on all local streets in major subdivisions. Curb and gutter will be required on all streets to be taken over by the town.
(Q) Street names. Proposed streets which are obviously in alignment with existing streets shall be given the same name. In assigning new names, duplication of existing names shall be avoided and in no case shall the proposed name be phonetically similar to existing names in the county irrespective of the use of a suffix such as street, road, drive, place, court and the like. Street names shall be subject to approval of the Planning Board.
(R) Street name and traffic-control signs. The subdivider shall be required to provide and erect street name and traffic- control signs to town standards at all appropriate locations within the subdivision.
(S) Permits for connection to state roads. An approved permit is required for connection to any existing state system road. This permit is required prior to any construction on the street or road. The application is available at the office of the nearest District Engineer of the Division of Highways.
(T) Off-sets to utility poles. Poles for overhead utilities should be located clear of roadway shoulders, preferably a minimum of at least 30 feet from the edge of pavement on major thoroughfares. On streets with curb and gutter, utility poles should be set back a minimum distance of six feet from the face of curb.
(U) Wheelchair ramps. In accordance with G.S. Ch. 136, Art. 2A, § 136-44.14, all street curbs in the state being constructed or reconstructed for maintenance procedures, traffic operations, repairs, correction of utilities or altered for any reason, shall provide wheelchair ramps for the physically handicapped at all intersections where both curb and gutter and sidewalks are provided and at other major points of pedestrian flow.
(V) Horizontal width on bridge deck.
(1) The clear roadway widths for new and reconstructed bridges serving two-lane, two-way traffic shall be as follows.
(a) Shoulder section approach.
1. Under 800 ADT design year. Minimum 28 feet width face-to-face of parapets or rails or pavement width plus ten feet, whichever is greater;
2. Eight hundred to 2,000 ADT design year. Minimum 34 feet width face-to-face of parapets or rails or pavement width, plus 12 feet, whichever is greater; and
3. Over 2,000 ADT design year. Minimum 40 feet. Desirable 44 feet width face-to-face of parapets or rails.
(b) Curbs and gutter approach.
1. Under 800 ADT design year. Minimum; and
2. Over 800 ADT design year. Width of approach pavement measured face-to-face of curbs. Where curb and gutter sections are used on roadway approaches, curbs on bridges shall match the curbs on approaches in height, in width of face-to-face curbs, and in crown drop. The distance from face to curb to face of parapet or rail shall be one feet, six inches minimum, or greater if sidewalks are required.
(2) The clear roadway widths for new and reconstructed bridges having four or more lanes serving undivided two-way traffic shall be as follows:
(a) Shoulder section approach. Width of approach pavement plus width of usable shoulders on the approach left and right. Minimum: eight feet; des. ten feet; and
(b) Curb and gutter approach. Width of approach pavement measured face-to-face of curbs.
(W) Private streets. Private streets must be built to the standards of this chapter or the state highway system standards, whichever is stricter. All construction and maintenance responsibilities for private streets must be assigned to a homeowners' association established in accordance with the State Unit Ownership Act. The town shall not in any way be responsible for the maintenance of these streets.
(Ord. passed 11-21-2000; Ord. 2008-02, passed - -2008; Ord. 2021-03, passed 6-8-2021)
(A) Water and sanitary sewer system. All lots in subdivisions not connected to the town or the county water system and/or any sewer system must have a suitable source of water supply and sanitary sewage disposal, which complies with the regulations of the appropriate permitting agency. Lots connected to private utility systems shall submit evidence authorizing the connection from the permitting agency.
(B) Storm water drainage system. The subdivider shall provide a surface water drainage system as it relates to streets and constructed to the standards of the State Department of Transportation, as reflected in the Handbook for the Design of Highway Surface Drainage Structures (1973), subject to review by the town's consulting engineer.
(1) No surface water shall be channeled or directed into a sanitary sewer.
(2) Where feasible, the subdivider shall connect to an existing surface water drainage system.
(3) Where an existing surface water drainage system cannot feasibly be extended to the subdivision, a surface drainage system shall be designed to protect the proposed development from water damage.
(4) Surface drainage courses shall have side slopes of at least three feet of horizontal distance for each one foot of vertical distance, and courses shall be of sufficient size to accommodate the drainage area without flooding, and designed to comply with the standards and specifications for erosion control of the State Sedimentation Pollution Control Act, G.S. Ch. 113A, Art. 4, and the State Administrative Code Title 15, Ch. 4, and any locally adopted erosion and sedimentation control ordinances.
(5) The minimum grade along the bottom of a surface drainage course shall be a vertical fall of at least one foot in each 200 feet of horizontal distance.
(6) Streambanks and channels downstream from any land disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land disturbing activity in accordance with the State Sedimentation Pollution Control Act, G.S. Ch. 113A, Art. 4, and the State Administrative Code Title 15, Ch. 4.
(7) Anyone constructing a dam or impoundment within the subdivision must comply with the State Dam Safety Law of 1967 and the State Administrative Code Title 15, Subch. 2K.
(8) In all areas of special flood hazards, all subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. Storm water drainage as it relates to runoff shall be controlled on site without the benefit of engineered systems which require intensive maintenance by the property owner. Consequently, the maximum lot coverage as provided for in the Town's Zoning Ordinance shall be adhered to in order to contain storm water runoff.
(9) When there is a natural stream traversing property subject to this chapter and beavers and/or animals which may cause a problem (flooding) are present, the developer shall take whatever measures necessary to eliminate the animals in accordance with the law. Once every effort has been expended to eliminate the problem, the town will thereafter assume responsibility for problems created by indigenous wildlife.
(C) Street lights. All subdivisions in which the size of the smallest lot is less than 10,000 square feet shall have street lights installed throughout the subdivision in accordance with the standards approved by the Planning Board. The developer shall be required to pay to the electric company the cost of street lighting installation that exceeds four times the continuing annual revenue. If underground wiring of street lighting is requested by the developer or the town the developer may be required to install all fixed items such as conduit, pads, manholes and pole foundations; the Town will own and maintain the said fixed items.
(D) Underground wiring.
(1) All subdivisions in which the smallest lot is less than 40,000 square feet shall have underground wiring. This requirement may be waived by the Planning Board if underlying rock is less than four feet from surface, in areas where soils have a high water table, or if there is extensive preexisting overhead wiring on the street in the immediate neighborhood of the subdivision. Such underground wiring shall be installed in accordance with the standards of Carolina Power and Light Company.
(2) The subdivider shall be required to pay the charges for installation of the underground service, which charges will be made in accordance with then effective underground electric service plan as filed with the State Utilities Commission.
(3) Notwithstanding the foregoing, no developer or builder shall be required to bury power lines meeting all of the following criteria: (a) the power lines existed above ground at the time of first approval of a plat or development plan by the town, whether or not the power lines are subsequently relocated during construction of the subdivision or development plan, and (b) the power lines are located outside the boundaries of the parcel of land that contains the subdivision or the property covered by the development plan.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)
(A) Buffering. Whenever a residential subdivision is located adjacent to an office, institutional, commercial or industrial use which does not have a buffer, or property zoned for these uses, and a buffer is not required between these and the subdivision, the subdivider shall provide a buffer as determined by the Planning Board. The width of the buffer shall be in addition to the lot area required by the Zoning Ordinance. The buffer shall become part of the lot on which it is located, or in the case of commonly owned property, shall be deeded to the homeowners' association.
(B) Recreation and open space.
(1) Every person or corporation who subdivides land for residential purposes shall be required to dedicate a portion of such land, as set forth in this chapter for the purposes of park, recreation and open space sites to serve the residents of the subdivision. The amount of land required to be dedicated by a subdivider shall be based on a formula. The actual amount of land to be dedicated shall be determined as follows: the minimum amount of land that shall be dedicated for recreation, parks or open space in all subdivisions shall be one-half acre for each subdivision or 20% of the gross acreage, whichever is greatest. No more than 40% of the open space may be wetlands.
(2) No parcels containing less than one-half acre shall be accepted.
(3) All land so dedicated shall have at least 20 feet of access upon a public street or walkway, and the size, shape, topography and subsoils of the dedicated land shall be such as to be usable for active recreation.
(C) Suitability of land. Criteria for evaluating suitability of proposed recreation, parks and open space areas shall include, but not be limited to, the following as determined by the Planning Board; in consultation with Town Recreation Advisory Board:
(1) Unity. The dedicated land shall be a single parcel, except where it is determined that two or more parcels would be in the public interest. The Planning Board may require that parcels be connected, and may require the dedication of a connecting path of up to 60 feet, and in no case less than 30 feet in width in addition to the land required in division (B) above.
(2) Location. The dedicated land shall be located so as to serve the recreation needs of the immediate neighborhood within the subdivision.
(3) Accessibility. Public access to the dedicated land shall be provided either by an abutting street or public easement. Such easement may be required to be up to 60 feet in width and shall in no case be less than 30 feet in width.
(4) Usability. The dedicated land shall be usable for active recreation (play areas, ballfields, tennis courts or similar recreation uses). Lakes may not be included in computing amount of land to be dedicated unless acceptable to the Planning Board. If the Planning Board determines that active recreation needs are being met by other dedicated parcels or existing recreation facilities, then land that is suitable for open space may be dedicated.
(5) Adjustments. The Town Board may, in cases of unusual or exceptional nature allow variances in the dedication requirements established in or required by this chapter in accordance with § 152.028. Such proposed variances shall be reviewed by the Planning Board before action by the Town Board.
(6) Preservation. Conservation and historic preservation easements shall comply with G.S. §§ 121-34 through 121-42. All facilities and improvements and open spaces which the owner makes an offer of dedication to public use shall be maintained by the owner until such offer of dedication is accepted by the appropriate public authority.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021; Am. Ord. 2024-01, passed 2-20-2024)
(A) Placement of monuments. Unless otherwise specified by this chapter, the Manual of Practice for Land Surveying, as adopted by the State Board of Registration for Professional Engineers and Land Surveyors, under the provisions of State Administrative Code Title 21, Ch. 56 (21 NCAC 56), shall apply when conducting surveys for subdivisions; to determine the accuracy for surveys and placement of monuments, control corners, markers and property corner ties; to determine the location, design and material of monuments, markers, control corners and property corner ties; and to determine other standards and procedures governing the practice of land surveying for subdivisions.
(B) Construction procedures.
(1) No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat has been approved, and all plans and specifications have been approved by the appropriate authorities.
(2) No building, zoning or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of this chapter until all requirements of this chapter have been met. The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the administrator of this chapter to provide for adequate inspection in accordance with § 152.999(F) herein. The approving authorities having jurisdiction or their representatives shall inspect and approve all completed work prior to release of the sureties.
(C) Oversized improvements. The town may require installation of certain oversized utilities or the extension of utilities to adjacent property when it is in the interest of future development. If the town requires the installation of improvements in excess of the standards required in this chapter, including all standards adopted by reference, the town shall pay the cost differential between the improvement required and the standards in this chapter. The town may recoup this cost through acreage fees as set forth in the appropriate town ordinance.
(D) Planned unit development or planned residential development. Planned unit development or planned residential development shall meet the requirements in Art. III, L, of the Town's Zoning Ordinance.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)
(A) The Planning Board is established pursuant to G.S. § 160D-301. The Planning Board shall consist of seven members. Five members will be appointed by the Board of Aldermen and two members representing the extraterritorial jurisdiction will be appointed by the Onslow County Board of Commissioners. All appointments to the Planning Board shall be made by the Town Board. The Town Board may establish reasonable procedures to solicit, review, and make appointments.
(B) All meetings and hearings of the Planning Board shall be held at a regular place and shall be open to the public and shall be conducted in accordance with the rules of procedure of the Planning Board.
(C) Rules of procedure that are consistent with the provisions of this may be adopted by the Town Board for the Planning Board. In the absence of action by the Town Board, the Planning Board is authorized to adopt its own rules of procedure that are consistent with the provisions of G.S. Ch. 160D. A copy of any adopted rules of procedure shall be maintained by the Clerk to the Town Board and shall be posted on the town's website.
(D) Meetings of the Planning Board shall be held pursuant to a schedule adopted pursuant to law. Special or emergency meetings of the Planning Board may be held in accordance with the provisions of G.S. Ch. 143. All meetings shall be open to the public.
(E) The Planning Board shall keep permanent minutes of all proceedings. The minutes shall record attendance of its members, its resolutions, findings, recommendations, and final actions.
(F) The minutes of the Planning Board shall be public record.
(G) All members appointed to the Planning Board under this chapter shall, before entering their duties, qualify by taking an oath of office as required by G.S. § 160A-61.
(Ord. 2021-03, passed 6-8-2021)
(A) Process required. The Town Board shall follow quasi-judicial procedures as directed in this chapter, and in any event in determining appeals of administrative decisions and variances. As used in this section, “board” shall be construed to mean the Town Board.
(B) Notice of hearing. Notice of evidentiary hearings conducted pursuant to this section shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by this chapter. In the absence of evidence to the contrary, the town may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. The Town Board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the Board is not then present, the hearing shall be continued until the next regular meeting of the Board without further advertisement.
(C) Administrative materials. The Subdivision Administrator shall transmit to the Town Board all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be distributed to the members of the Board prior to the hearing if at the same time they are distributed to the Board a copy is also provided to the appellant or applicant and to the landowner if that person is not the appellant or applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the Board at the hearing.
(D) Presentation of evidence. The applicant, the town, and any person who would have standing to appeal the decision shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the Board.
(E) Objections. Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a party, may be made to the Board. The Board Chair shall rule on any objections, and the Chair's rulings may be appealed to the full Board. These rulings are also subject to judicial review pursuant to G.S. § 160D-1402. Objections based on jurisdictional issues may be raised for the first time on judicial review.
(F) Appearance of official new issues. The official who made the decision or the person currently occupying that position, if the decision maker is no longer employed by the town, shall be present at the evidentiary hearing as a witness. The appellant shall not be limited at the hearing to matters stated in a notice of appeal. If any party or the town would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the Board shall continue the hearing.
(G) Oaths. The Chair of the Board or any member acting as Chair and the Clerk to the Board are authorized to administer oaths to witnesses in any matter coming before the Board. Any person who, while under oath during a proceeding before the Board determining a quasi-judicial matter, willfully swears falsely is guilty of a Class 1 misdemeanor.
(H) Subpoenas. The board making a quasi-judicial decision under this section through the Chair or, in the Chair's absence, anyone acting as Chair may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, the applicant, the town, and any person with standing may make a written request to the chair explaining why it is necessary for certain witnesses or evidence to be compelled. The Chair shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The Chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the Chair may be immediately appealed to the full board. If a person fails or refuses to obey a subpoena issued pursuant to this section, the Board or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties.
(I) Voting. The concurring vote of four-fifths of the Town Board shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For the purposes of this section, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter under § 152.076 herein shall not be considered members of the Board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.
(J) Decisions. The Board shall determine contested facts and make its decision within a reasonable time. When hearing an appeal, the Board may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The Board shall have all the powers of the official who made the decision. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing, reflect the Board's determination of contested facts and their application to the applicable standards, and be approved by the Board and signed by the Chair or other duly authorized member of the Board. A quasi-judicial decision is effective upon filing the written decision with the clerk to the Board. The decision of the Board shall be delivered within a reasonable time by personal delivery, electronic mail, or first-class mail to the applicant, landowner, and any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify to the town that proper notice has been made, and the certificate shall be deemed conclusive in the absence of fraud.
(Ord. 2021-03, passed 6-8-2021)
(A) Appeals. Appeals of decisions made by staff or recommendations of the Planning Board shall be made to the Town Board. Appeals shall be heard using the quasi-judicial processes set forth below.
(B) Standing. Any person who has standing or the town may appeal an administrative decision. An appeal is taken by filing a notice of appeal with the Clerk to the Town Board. The notice of appeal shall state the grounds for the appeal.
(C) Time to appeal. The owner or other party shall have 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. In the absence of evidence to the contrary, notice given by first-class mail shall be deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.
(D) Record of decision. The official who made the decision shall transmit to the relevant board all documents and exhibits constituting the record upon which the decision appealed from is taken. The official shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.
(E) Stays. An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed unless the official who made the decision certifies to the Board after notice of appeal has been filed that, because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulation. In that case, enforcement proceedings shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the Board shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the development regulation shall not stay the further review of an application for development approvals to use such property; in these situations, the appellant or town may request and the relevant board may grant a stay of a final decision of development approval applications, including building permits affected by the issue being appealed.
(Ord. 2021-03, passed 6-8-2021)
Loading...