§ 4.1 COMMON REVIEW PROCEDURES.

   4.1.1   Site plan approval required. Approval of the site plan (or survey plat) is required for all proposed development activity including, but not limited to, single-family lots, individual businesses, nonresidential developments, multi-family units, subdivisions, planned unit developments, special use permits, conditional zoning, change of use, or modification of a previously approved site plan (Article 4.7)

   4.1.2   Pre-application conference. Prior to submitting an application for any development approval under this ordinance (excluding a zoning permit), each applicant shall schedule a pre-application conference with the UDO Administrator or the UDO Administrator’s representative, and others, as appropriate to discuss the procedures, standards, and regulations required for approval in accordance with this ordinance.

   A pre-application conference is required for the following approvals:

         1.   Rezoning (Article 4.2);

         2.   Subdivision Review (Article 4.6);

         3.   Major Site Plan Review (Article 4.6);

         4.   Planned Unit Development Review (Article 4.6); and

         5.   Special Use Permit (Article 4.9).

   4.1.3   Application requirements.

      A.   Forms. Applications required under this ordinance shall be submitted on forms, including checklists, and in the numbers required by the UDO Administrator.

      B.   Minimum information required.

         1.   Requirements common to all land use permit applications:

            •   Applicant’s name, address, and contact information;

            •   Applicant’s title, right, or interest in property;

            •   Scale and date;

            •   The actual shape and dimensions of the land to be used;

            •   The legal description of the land to be used or the location of the plans as recorded by the County Register of Deeds;

            •   The exact sizes and location of all existing buildings and accessory buildings;

            •   The lines within which any proposed building(s) and/or structure(s) shall be erected;

            •   The existing and proposed use of each structure, building, or part of a building;

            •   Demonstrate that lot areas and setbacks meet the dimensional requirements of the applicable land use district; and

            •   Other data may be required as a result of the pre-application conference to ensure compliance of a proposed development with the terms of this ordinance.

         2.   Additional information requirements as applicable.

Requirements (NR= Nonresidential)	Master Development Plan*	Site Plan *	Preliminary Plat	Major Final Plat	Minor Final Plat
Driveway entrance permits for transmittal to the North Carolina Division of Highways, District Engineer.	NR	NR
Location of signs, if any, including ownership and type (identification, commercial, or those not requiring a permit).	NR	NR
Whether excavation, clearing of ground, or moving of earth other than that actually required for the building, is expected to occur.	NR	NR
Division of Coastal Management approval and Division of Water Quality approval, where applicable.	NR	NR
Existing and proposed points of access to streets.	X	X	X	X	X
Abutting land owners	X	X
All existing easements, reservations, and rights-of-way.	X	X	X	X	X
Proposed number and general location of all structures.	X	X
Proposed use of all land and structures, including the residential and commercial areas, number of residential units (single-family, multi-family, townhouses, and the like), commercial areas and the total square footage of nonresidential development.	X	X	X	X	X
All required open space and/or recreation areas that have been dedicated or reserved (If part of an approved conditional zoning district, refer to the approved standards for the conditional zoning district).	X	X	X	X	X
All yards, buffers, screening, and landscaping	X	X	X
Proposed treatment of any existing natural features.	X	X
A survey of delineated wetlands.			X	X	X
Delineation of environmentally sensitive areas and areas within the regulatory floodplain as shown on the official flood hazard boundary maps if applicable.	X	X
The location of existing and proposed storm drainage patterns, and facilities intended to serve the development.	X	X	X	X	X
Storm water buffers	X	X
Proposed phasing, if any.	X	X
Generalized traffic, parking, and circulation plans and non- motor vehicle transportation amenities.	X	X
The location of protected trees on the subject property (Article 10.3).	X	X
Land dedication for public/common facilities (e.g., public safety/security facilities, schools, Fire/EMS) and acreage (if applicable).	X	X
Existing and general proposed topography, at 4 ft. intervals or less.	X	X
Scale of buildings relative to abutting property.	X
Height of structures.	X	X
Utilities plan.	X	X
Transportation impact analysis.	X
Plan for maintenance of open space and service facilities.	X	X
Evidence that any required state and federal permits have been obtained or will be obtained prior to final plat approval.	X	X	X	X	X
State road design and construction standards will be met. For the appropriate road classification.	X	X	X	X	X
*Notes: The Master Development Plan (MDP) is primarily used for a phased development project with a variety of components, e.g., retail, office, multi-family, and the like the flow would start with a concept plan then to an MDP, followed by a site-specific vesting plan and plats. For single purpose sites such as multi-family or commercial, the flow would go from a concept plan to a site plan to plats.

 

      C.   Electronic files required.

         1.   Applications for a site plan or subdivision involving more than ten lots shall provide electronic drawings in the format as specified by the UDO Administrator. Files shall be drawn to scale in feet units, referenced to the N.C. State Plane Coordinate System.

         2.   The applicant shall consult with the UDO Administrator for information regarding electronic data submittal requirements where the need for clarification arises.

      D.   Fees (see Article 2.18).

      E.   Application processing. An application deemed complete by the UDO Administrator shall be submitted to the Planning Board. Submission to the Planning Board shall be at least ten business days prior to the next scheduled meeting in order to ensure placement on the agenda.

         1.   Upon receipt of a completed application, the UDO Administrator or a designee shall review the application and confer with the applicant to ensure an understanding of the applicable requirements of this ordinance and that the applicant has submitted all of the information required or not and that the application represents what the applicant proposes to do.

         2.   Once the applicant indicates that the application is as complete as the applicant intends to make it, the application shall be placed on the agenda of the appropriate review board in accordance with standard procedures. However, if the UDO Administrator believes the application is incomplete, the application shall be returned to the petitioner for modification and re-submittal.

      F.   Changed application. If the applicant makes significant changes to the application, the UDO Administrator shall refer the modified application back to the approval authority for reapproval.

      G.   Withdrawal of application.

         An applicant may withdraw an application at any time by filing a statement of withdrawal with the UDO Administrator.

         The statement of withdrawal shall be signed by all persons who signed the application or, in the event of death or incompetence, by the estate’s lawful personal representative.

         Upon written request to the town, an applicant who has paid the appropriate fee for the submission of an application, but who chooses to withdraw such application prior to the advertisement for a public hearing, if one is required, shall be entitled to a refund of the total amount paid less any costs incurred by the town.

   4.1.4   Public notice and public hearing requirements. Public notice and public hearing requirements for applications are summarized in the table below. Public hearings required for development reviews are considered legislative public hearings.

	Notice Required			Public Hearing
Application	Published	Mailed	Posted	Planning Board	Town Council	Board of Adjustment	Related Article
Text Amendment	X			R	D		Article 4.2
Zoning Map Amendment - All Zoning Districts	X	X*	X	R	D		Article 4.3
Zoning Map Amendment - Conditional Zoning District	X	X*	X	R	D		Article 4.4
Variance		X	X	R**		(D)	Article 4.5
Master Development Plan		X	X	D			Article 4.6
Major Site Plan				D			Article 4.6
Major Subdivision Preliminary Plat				D			Article 4.6
Vested Right					D		Article 4.8
Special Use Permit		X	X		(D)		Article 4.9
Appeal of Administrative Decision		X	X			(D)	Article 4.10
Temporary Moratoria	X				D		Article 4.13
R = Review and recommend D = Decision authority ( ) = Quasi-judicial evidentiary hearing *Note: See Article 4.1.4 C for cases in which more than 50 properties are directly affected. **Note: If requested by the Board of Adjustment.

 

Requirements by notice type:

      A.   Published notice. Where published notice is required, a distinctive advertisement shall be placed by the town in a local newspaper of general circulation once a week for two successive calendar weeks. The first notice being published not less than ten days nor more than 25 days before the date fixed for the public hearing. In computing this period, the date of publication shall not be counted, but the date of the public hearing shall be counted.

      B.   Posted notice (sign). Where posted notice is required, the UDO Administrator shall post a sign not less than ten days prior nor more than 25 days before the public hearing at which the application shall be reviewed. The sign shall be posted on the property or at a point visible from the nearest public street.

      C.   Mailed notice.

         1.   Where mailed notice is required, the town shall notify by first class mail all property owners of adjoining properties and the owners of all properties within 200 feet of the subject property. For the purposes of this section, properties are adjoining even if separated by a street, railroad, or other transportation corridor.

         2.   The notice shall be mailed at least ten but not more than 25 days prior to the date of the public hearing.

         3.   Mailed notice under this Article shall not be required if a rezoning directly affects more than 50 properties owned by a total of at least 50 different property owners, and the town elects to use the following expanded published notice requirements.

            a.   A distinctive advertisement shall be placed once a week for two successive calendar weeks in a local newspaper of general circulation. The first notice shall be published not less than ten days nor more than 25 days before the date fixed for the public hearing, in computing this period, the date of publication shall not be counted but the date of the public hearing shall be counted.

            b.   In addition to the published notice, the UDO Administrator shall post a sign in accordance with the posted notice requirements of this Article.

            c.   Mailed notice shall be provided by first class mail to property owners and owners of adjoining properties who are within the required mailing areas, but who reside outside of the newspaper’s circulation area.

      D.   Content of notice. The notice listed above shall contain the following specific information:

         1.   Published or mailed notices shall provide at least the following:

            a.   Parcel identification number(s);

            b.   Address of the subject property (if available);

            c.   General location of the land that is the subject of the application, which may include a location map;

            d.   Description of the action requested;

            e.   Where a zoning map amendment is proposed, the current and proposed districts;

            f.   Time, date, and location of the public hearing;

            g.   Phone number to contact the town;

            h.   Statement that interested parties may appear at the public hearing; and

            i.   Case number.

         2.   Posted notices shall indicate the following:

            a.   Case number;

            b.   Type of action; and

            c.   Phone number to contact the town.

      E.   Notice of hearings for third party rezoning. Actual notice of the hearing must be given to the property owner (as show on the county tax listings) of land subject to a rezoning petition if that person did not initiate the rezoning petition. The burden for making this actual notice is on the third party requesting the rezoning. When an application for the rezoning is made by a person other than the land owner or the town, the application must include a certification that the land owner has received actual notice of the application and notice of the public hearing. The notice must be personally delivered or sent registered, certified, or delivery-receipt mail consistent with the requirements of G.S. § 160D-601. If after due diligence notice cannot be made by personal service or return receipt mail, notice may be made by published notice. Published notice must be placed in the newspaper once a week for two successive weeks preceding the hearing.

      F.   Notice of quasi-judicial evidentiary hearings. Notice of evidentiary hearings conducted pursuant to this UDO 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 who have made a written request for such notice. 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 UDO Administrator 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 applicable 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 board meeting without further advertisement.

   4.1.5   Decisions. Unless specifically provided elsewhere, all respective board decisions shall require an affirmative vote. Tie votes shall be considered denials of any requested change. Any development regulation adopted pursuant to this UDO shall be adopted by ordinance.

   4.1.6   Notice of decision. After a decision is made, a copy of the decision shall be sent to the applicant within ten working days and filed in the Town Hall where it shall be available for public review during regular office hours.

(Ord. passed 2-3-2021; Ord. 2023-03, passed 3-1-2023)