§ 154.25 PRELIMINARY PLAT.
   (A)   Eight copies of the preliminary plat all be submitted. Copies shall be distributed as provided in division (E) below.
   (B)   The plat shall be at an appropriate engineering graphic scale, but no less than one inch equaling 200 feet. The title, date, and north point arrow shall be noted.
   (C)   Submission of the preliminary plat must be accompanied by a filing fee, as per the town's schedule of fees.
   (D)   No certifications are required in connection with the submission of preliminary plats.
   (E)   The preliminary plat shall depict or contain the following information, and plats not illustrating or containing the following data shall be returned to the subdivider or his or her authorized agent for completion and resubmission:
      (1)   The proposed name of the subdivision;
      (2)   A sketch vicinity map showing the relationship between the proposed subdivision and the surrounding area;
      (3)   The boundaries of the tract or portion thereof to be subdivided; distinctly and accurately represented, with all bearings and distances shown;
      (4)   Scale denoted both graphically and numerically;
      (5)   North arrow and declination;
      (6)   The plans for proposed utility layout including sanitary sewers, storm sewers, water distribution lines, natural gas, telephone and electric service, illustrating connections to existing systems. Plans for water supply and/or sewage disposal must be accompanied by letters of preliminary approval by the appropriate county and state authorities;
      (7)   Proposed street names;
      (8)   The zoning classification of the tract to be subdivided and of adjoining properties;
      (9)   Proposed location and size of parks, school sites, or other recreational or open spaces, if any, and their future ownership, such as dedication for public use to governmental body, for owners to duly constituted homeowners' or community association, or for tenants remaining in the subdivider's ownership;
      (10)   Site calculations, including:
         (a)   Acreage in total tract to be subdivided;
         (b)   Acreage in parks and other nonresidential use;
         (c)   Total number of parcels created; and
         (d)   Linear feet in streets.
      (11)   Proposed minimum building setback lines;
      (12)   Any proposed riding trails, natural buffers, pedestrian, bicycle or other rights-of-way, utility or other easements, their location, width and purposes;
      (13)   Proposed streets, existing and platted streets on adjoining properties and in the proposed subdivision, rights-of-way, pavement widths, approximate grades, design engineering data for all corners and curves, and typical street cross-sections. If any street is proposed to intersect with a state maintained road, the plat shall be accompanied by an application for driveway approval as required by the Department of Transportation, Division of Highways' Manual on Driveway Regulations;
      (14)   Existing and proposed property lines, both on the tract to be subdivided and on adjoining properties, buildings or other structures, watercourses, railroads, bridges, culverts, storm drains, both on the land to be subdivided and on the land immediately adjoining, corporate limits, township boundaries, and county lines;
      (15)   Proposed lot lines, lot and block numbers, and approximate dimensions;
      (16)   The preliminary plat shall be accompanied by a copy of any proposed deed restrictions or similar covenants (mandatory when private recreation areas are established);
      (17)   Date of plat preparation;
      (18)   The name of the township, county and state in which the subdivision is located;
      (19)   The names, addresses and telephone numbers of the owners, mortgagees, registered surveyors, land planners, architects, landscape architects and professional engineers responsible for the subdivision;
      (20)   An environmental impact statement. Pursuant to G.S. Chapter 119, the Planning Board may require the subdivider to submit an environmental impact statement with his or her preliminary plat if:
         (a)   The development exceeds two acres in area; and
         (b)   If the Board deems it necessary due to the nature of the land to be subdivided, or peculiarities in the proposed layout.
      (21)   Landscaping plans, such as plans for vegetating all road banks, side ditches, water disposal systems, yards and the like, stating rates for materials to be used; and
      (22)   Any other information considered by either the subdivider or the Planning Board to be pertinent to the review of the preliminary plat. For example, a topographic map showing vertical contours every five feet.
   (E)   The Planning Board and the Town Board of Aldermen shall review and take action on each preliminary plat within 30 days after first consideration by the Planning Board. First consideration shall be at the next regularly scheduled meeting of the Planning Board that follows at least 14 days after the plat is submitted. Before taking final action on the plat, the Planning Board shall refer copies of the plat and any accompanying material to those public officials and agencies concerned with new development, including but not limited to the Town Manager, the County Health Department, the State Highway Commission, the appropriate County Soil Conservation Service office and the like, for review and recommendation.
   (F)   (1)   The following certification shall be lettered, rubber stamped or affixed to the preliminary plat in a manner so as to insure that the certificate will be legible on any prints made therefrom:
         I hereby certify that tentative approval was granted to this preliminary plat by the:
         a)   Spencer Planning Board on the ______ day of ____________ , 20___.
                        ____________________________________
                        Chairman
         b)   Spencer Board of Aldermen on the______ day of ___________ , 20___.
                        ____________________________________
                        Mayor
      (2)   The Planning Board and Town Board tentative approval for a preliminary plat is valid for one year from date of approval. Tentative approval authorizes developer improvements to be made upon the issuance of a subdivision permit.
   (G)   Decisions on approval or denial of preliminary plats may be made only on the basis of standards explicitly set forth in this chapter, in Chapter 155, or in other land development ordinances adopted by the town. Decisions requiring application of judgement shall also be based on the guiding standards provided in the adopted ordinances and as provided in G.S. § 160A-371.
   (H)   This chapter provides that newly subdivided lots shall not be transferred or sold until approval of a final plat. However, an owner or its agent may enter into pre-sale contracts to sell or lease by reference to an approved preliminary plat, subject to final plat approval, if such contract complies with all requirements of G.S. § 160A-375(b).
(`94 Code, App. B, Art. V, § 4-A) (Am. Ord. 06-17, passed 2-13-07)