(A) Generally. No subdivision within the town’s planning and development regulation jurisdiction shall be filed or recorded until it shall have been submitted to and approved by the Planning Board and Town Board as herein provided, and until this approval shall have been entered on the face of the plat in writing by an authorized representative of the town. No person shall commence or proceed with a subdivision of land without first securing approval under this chapter from the town.
(1) The review officer, pursuant to G.S. § 47-30.2, shall not certify a subdivision plat that has not been approved in accordance with this chapter nor shall the Clerk of Superior Court order or direct the recording of a plat if the recording would be in conflict with this chapter.
(2) A plat shall be prepared, approved and recorded pursuant to this chapter whenever a subdivision of land takes place.
(3) No plat of a subdivision located within the subdivision territorial jurisdiction of the town shall be accepted for record by the County Register of Deeds until preliminary plat and final plat approval has been given by the Planning Board and the Town Board.
(B) Specifically. To obtain final plat approval, the subdivider shall follow these steps.
(1) Sketch design plan. Previous to the filing of an application for approval of the preliminary plat, the subdivider shall submit to the Planning Board a sketch design plan of the proposed subdivision. At this meeting, the subdivider shall discuss his or her thoughts and ideas pertaining to the new subdivision and also become familiar with the regulations affecting the land to be subdivided. Included with the sketch design plan shall be a sketch vicinity plan which shows the subdivision in relation to the surrounding area. This procedure does not require a formal application or fee.
(2) Preliminary plat. The procedure for obtaining a preliminary plat approval is as follows.
(a) The subdivider shall submit to the Town Clerk, at least 15 days prior to a regularly scheduled Planning Board meeting:
1. At least six black or blueline prints of the proposed subdivision prepared in accordance with the requirements of this chapter. Additional prints shall be provided when deemed necessary;
2. Two signed statements describing the proposed use of the land and a draft of any protective covenants to be applied to the subdivision;
3. Six copies of a contour map shall be required at a maximum contour interval of one foot;
4. Copies of any additional information regarding the proposed subdivision or of adjoining property may be required by the Planning Board or Town Clerk in order to formulate an overall plan for any given section;
5. A statement from the County Health Director, or local public utility, as appropriate, as to proposed water or sewerage systems;
6. A statement from the District Highway Engineer of the NCDOT as to proposed state streets, state highways, and related drainage systems; and
7. The Town Planning Board at its discretion may waive any or all of the requirements of this division (B)(2)(a) of a subdivision, when the smallest lot is more than two acres and where no street right-of-way is involved.
(b) The Planning Board shall schedule consideration of the preliminary plat at the next Planning Board meeting.
(c) The developer and his or her engineer are welcome to attend the Planning Board meeting to discuss any points which may arise in connection with the submitted preliminary plat.
(d) After considering any report and/or recommendations received in connection with all subdivisions in addition to any comments which the subdivider may have, the Planning Board shall approve, approve conditionally, or disapprove the preliminary plat and shall make its recommendations to the Town Board. If approved conditionally, the conditions and reasons thereof shall be stated and, if necessary, the Planning Board may require the subdivider to submit a revised plat. If the Planning Board should disapprove the preliminary plat, the reasons for the action shall be stated and recommendations made on the basis of which the proposed subdivision could be approved. All decisions of the Planning Board shall be advisory in nature.
(e) Failure on the part of the Planning Board to act within 50 days after the preliminary plat is submitted to the Planning Board shall be deemed as approval by the Planning Board.
(f) The Planning Board shall present the proposed subdivision along with its recommendations to the Town Board at its next meeting.
(g) The Town Board shall approve, approve conditionally, or disapprove the preliminary plat or sketch.
1. Approval of the preliminary plat or sketch should be noted on the face of the plat in writing by an authorized representative of the town is authorization for the subdivider to proceed with the construction of the necessary improvements in preparation for submission of the final plat.
2. If the Town Board should disapprove the preliminary plat or sketch, the reasons for the action shall be stated and recommendations made on the basis of which the proposed subdivision could be approved.
3. The Town Board upon recommendation from the Planning Board, may waive by variance, any or all of the requirements of the formal plat pursuant to division (B)(2)(a) above.
(3) Final plat. The procedure for obtaining final plat approval is as follows.
(a) The subdivider shall submit to the Planning Board at least 15 days prior to a regularly scheduled meeting at least six black or blueline prints of the final plat and an original linen or mylar tracing or reproducible copy on the same type of material in accordance with provisions of this chapter within 18 months after approval of the preliminary plat by the Town Board, otherwise the approval of the preliminary plat shall become null and void. In the event that the subdivider allows the previously approved preliminary plat to expire, he or she shall be required to resubmit the preliminary plat to the Planning Board for reapproval in accordance with the procedure stated in this section.
(b) The final plat shall conform substantially to the approved preliminary plat. If the submitted final plat deviates in its overall design from the approved preliminary plat, it shall be considered by the Planning Board at its next regularly scheduled meeting as a preliminary plat.
(c) If the Planning Board fails to act on the final plat within 50 days after its submission, the subdivider may seek final approval of the plat at the next regularly scheduled meeting of the Town Board.
(d) Before acting on the final plat, the Planning Board may request reports from any person or agency directly affected by the proposed development. The reports shall certify compliance with or note deviations from the approved preliminary plat and the requirements of this chapter.
1. A final plat shall not be approved by the Planning Board nor the Town Board until all necessary improvement requirements are complied with by the subdivider.
2. Where the required improvements have not been completed prior to the submission of the final plat, the Town Board may accept from the subdivider a bond with surety or other guarantees satisfactory to the town in accordance with the requirements of § 153.27 herein.
(e) After the Town Board has approved the final plat, such approval shall be noted on the face of the plat by an authorized representative of the town, and two prints of the plat shall be returned to the subdivider, the linen or mylar tracing or reproducible copy on some type of material shall be retained by the Planing Board for its files and one print shall be forwarded to the County Clerk of the Superior Court to be used as a check print against the final plat presented to him or her for recording by the landowner.
(f) The final plat must be recorded by the subdivider with the County Register of Deeds within six months after approval by the Town Board, otherwise the approval of the final plat becomes null and void.
(Prior Code, § 9-3006) (Ord. passed 6-11-1974; Ord. passed 6-29-2021)