(A) Application of chapter.
(1) This chapter is applicable to all divisions of a tract or parcel of land into two or more lots, building sites or other divisions, for the purpose, whether immediate or future, of sale, or building development, and shall include all divisions of land involving the dedication of a new street or a change in existing streets.
(2) No lot or plat (except as provided by division (B) below) within the town's subdivision jurisdiction shall be transferred, nor shall a plat of record thereof be recorded by the County Register of Deeds until a final plat of the subdivision has been submitted to and approved by the Planning Board. The approval shall be indicated on the fact of the plat and signed by the Planning Board Chairperson. (See § 154.24 for certification form.)
(3) The Register of Deeds shall not file a plat of record of any subdivision of land within the town's jurisdiction nor shall the Clerk of Superior Court order the recording without the required certification and signature of the Planning Board Chairperson.
(B) Exceptions.
(1) The following shall not be included nor be subject to the regulations prescribed by this chapter:
(a) The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the town as described herein;
(b) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
(c) The public acquisition by purchase of strips of land for the widening or opening of streets;
(d) The division of a tract in single ownership the entire area of which is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of this chapter; and/or
(e) The division of property among heirs for the sole purpose of settling an estate.
(2) Plats not subject to the provision of this chapter, may be recorded provided the owner desiring to record the plats shall obtain certification of exemption (see § 154.24) from the Planning Board Chairperson and shall present the certification to the Register of Deeds as proof that one of the conditions of exception noted above is present.
(C) Plat approval not to constitute acceptance of street or public utility. The approval of a plat pursuant to this chapter shall not be deemed to constitute or affect the acceptance by the town or the public of the dedication of any street or other ground, public utility line or other public facility shown on the plat.
(D) Approval required for building permit. No building permit shall be issued for the erection of any building on any lot within a subdivision unless a final plat of the subdivision has been approved as required by this chapter or a certificate of exemption obtained; provided that, this shall not apply to any subdivision recorded by the Register of Deeds prior to the effective date of this chapter.
(E) Variances due to site conditions. Where the subdivider can show that a provision of these requirements would cause unnecessary hardship, if strictly adhered to due to topographical or other conditions peculiar to the site, the Board may approve a variance when it finds that the variance may be granted without destroying the intent of this chapter. Any variance thus recommended by the Board shall be noted in the minutes of the meeting at which the variance is granted and the notation shall include the reasons for the variance.
(F) Effective date. This chapter shall take effect and be in force from and after 1-2-1990 and as subsequently amended by the Town Council.
(G) Amendment procedure. This chapter may be amended or revised from time to time by the Town Board as provided by G.S. Ch. 160A, but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation. If the Planning Board fails to provide a recommendation within 45 days of submission to the Board, it shall be deemed to have favorably recommended the amendment.
(H) State platting and disclosure statement requirement. All subdividers planning to sell lots not plated and recorded prior to (effective date) are advised to consult G.S. § 136-102.6, "Compliance of Subdivision Streets with Minimum Standards of the Board of Transportation", which requires that all new streets, whether public or private, and all changes in streets be platted. G.S. § 136-102.6 also requires the subdivider to furnish to each lot purchaser a subdivision streets disclosure statement revealing the status of new streets, whether or not they are constructed to State Department of Transportation standards, and who will bear maintenance responsibility for the streets. No provision of this chapter or of any other local ordinance shall exempt a division of land from the provision of G.S. § 136-102.6.
(Ord. passed 1-2-1990)