4.6.1 Applicability. Subdivision approval shall be required before the division of land into two or more parcels is undertaken. The Planning Board has final authority on preliminary and final plat approval, with the exception of minor subdivision plats which review and approval shall be delegated to the UDO Administrator. Standards are given in Article 12.
4.6.2 Major and minor subdivision definition.
Minor Subdivision
A minor subdivision is any subdivision activity that creates no more than ten lots (including the original lot) or involves the platting of no more than ten residential units and conforms to the minor subdivision regulations and requirements of this ordinance.
Minor Subdivision, Expedited
The division of one existing parcel of land under single ownership that is not exempt per G.S. § 160D-802(a); (1) where no part of the tract or parcel to be divided has been divided in the ten years prior to the proposed division; (2) the entire area of the tract or parcel to be divided is greater than five acres; (3) after division, no more than three lots result from the division and all resultant lots comply with all lot dimension size requirements of the applicable zoning district and the use of the lots is in conformity with the applicable zoning district; and (4) a permanent means of ingress and egress is recorded for each.
Major Subdivision
All other divisions of land that do not qualify as a minor subdivision and do not qualify for statutory exclusion.
4.6.3 Statutory exclusions. Consistent with G.S. § 160D-802, the following activities are not considered subdivisions for the purposes of this ordinance.
A. The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this ordinance;
B. The division of land into parcels greater than ten acres where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this ordinance;
C. The public acquisition by purchase of strips of land for water or sewer infrastructure;
D. The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation corridors; and
E. The division of a tract in single ownership whose entire area is no greater than two acres into no 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 ordinance.
4.6.4 No subdivision without plat approval.
Pursuant to G.S. § 160D-803, a final plat shall be prepared, approved, and recorded pursuant to the provisions of this ordinance whenever any subdivision of land takes place in the town’s planning jurisdiction.
A. No persons may subdivide land except in accordance with all of the provisions of this ordinance. In particular, no subdivision may occur unless and until a final plat of the subdivision has been approved in accordance with the provisions of this Article and recorded by the Brunswick County Register of Deeds.
B. Not all divisions of land constitute subdivisions that are subject to regulation under this ordinance. However, to ensure that such divisions are in fact exempt from the requirements of this ordinance, all plats creating a division of land shall be presented to the town before submittal for recordation in the Brunswick County Registry and the UDO Administrator shall indicate on the face of the plat that the division is exempt from the provisions of this ordinance if that is the case.
4.6.5 Unlawful to record plat without plat approval.
Pursuant to G.S. Chapter § 160D-803, no final plat of subdivision within the town planning jurisdiction shall be recorded by the Register of Deeds of Brunswick County until it has been approved by the UDO Administrator or designee or by the town’s Planning Board pursuant to the procedures established in this Article.
4.6.6 Subdivision required. After the effective date of this ordinance, any person who, being the owner or agent of the owner of any land within the territorial jurisdiction of this ordinance, thereafter subdivides his or her land in violation of this ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this ordinance shall be guilty of a misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The town, through its attorney or other official designated by the Town Council, may take action to enjoin illegal subdivision, transfer, or sale of land by action for injunction. Further, the violation of any provision of this ordinance shall subject the offender to the penalties prescribed by G.S. § 160D-807. Illegal subdivisions will not be recognized for zoning purposes.
4.6.7 Pre-application conference and concept plan.
A. All applicants seeking subdivision approval shall schedule a pre-application conference with the UDO Administrator.
B. Applicants shall submit a concept plan for review by the UDO Administrator. This plan may be in simple sketch form. Information requirements are given in Article 4.1.3.
C. Following approval of the concept plan, the preliminary master development plan (Article 4.1.3) will be developed for planned developments (including large commercial developments, and mixed use developments).
4.6.8 Application requirements.
A. All applications for subdivision review shall be submitted in accordance with Article 4.1.3, (Application Requirements) and any specific requirements as directed by the town. In addition, all applications for subdivision shall include electronic versions of plats and surveyor’s files for both preliminary and final plats. Electronic files shall be in the format as directed by the UDO Administrator.
B. A transportation impact analysis may be required if the proposed subdivision meets the thresholds established in Article 4.11 (Transportation Impact Analysis).
4.6.9 Major subdivision preliminary plat approval.
A. Applicability. A preliminary plat shall be required for all major subdivisions.
B. Staff consultation. Prior to submitting a preliminary plat, the applicant shall meet with the UDO Administrator and submit a concept plan in accordance with Article 4.6.6 above.
C. Application requirements.
1. Applications for preliminary plat approval shall be submitted in conformance with Article 4.6.8 (Application Requirements).
2. When a subdivision is to be developed in phases, a phasing plan shall be submitted for the entire development and a preliminary plat shall be submitted for each individual phase. A final plat shall be submitted for individual phases as each phase is developed. Each new phase shall be developed adjoining an earlier phase.
D. UDO Administrator duties and responsibilities.
1. Applications for preliminary plat approval shall be submitted to the UDO Administrator. The UDO Administrator shall review the application for compliance with the provisions of the ordinance.
2. Upon receipt of a completed application, the UDO Administrator shall distribute the application submittal to the relevant agencies for review and comment.
3. The UDO Administrator shall prepare a staff report based on comments provided by the relevant agencies and the Technical Review Committee, if any. The report shall be forwarded to the Planning Board for final action at the next scheduled meeting.
E. Action by the Technical Review Committee.
1. The Technical Review Committee may review the preliminary plat and associated application documents for conformance with the requirements of this ordinance in accordance with the adopted public review schedule.
2. Upon completion of the review period, and prior to providing written comments to the applicant stating any corrections or modifications that shall be required, the Technical Review Committee may meet with the applicant and discuss any modifications or corrections in development design that may be required, based on the recommendations made by members of the Technical Review Committee.
3. The applicant shall have 30 days to make corrections and return the revised application to the UDO Administrator. The applicant may apply for an extension of this review period by written request to the UDO Administrator, provided that such request shall be received prior to the expiration of the 30-day period.
4. Within ten business days of receipt of a revised application, the Technical Review Committee shall review the revised application for satisfactory completion of all required corrections and may make a recommendation to approve, approve with conditions, or deny the application. The application and associated comments shall then be returned to the UDO Administrator.
F. Action by Planning Board.
1. The Planning Board shall take final action on the preliminary plat application (per Article 4.6.10.I.) taking comments by the UDO Administrator and Technical Review Committee, if any, into consideration. Applications that have not received final administrative review shall not be reviewed.
2. The preliminary plat shall be considered by the Planning Board at the next available meeting.
3. The Planning Board may approve the preliminary plat, approve with minor corrections/conditions, or deny the preliminary plat.
4. A simple majority of all eligible voting members of the Planning Board shall be necessary for approval of any preliminary plat. The Planning Board’s minutes shall include identification of members present, and their individual vote on the preliminary plat. No final action shall be deemed to have been given by the Planning Board on the preliminary plat until the Planning Board delivers its dated written decision on the preliminary plat to the applicant (this may be delegated to the UDO Administrator to deliver; delivery may be via email, written decision on the face of the plat, or in letter form).
5. If the Planning Board should deny the preliminary plat, the reasons for such action shall be given to the applicant, or their agent, along with recommendations for changes in the plat.
G. Effect of preliminary plat approval. Upon approval of the preliminary subdivision plat, the applicant may proceed to comply with the other requirements of these regulations, including construction plan approval, preparation of the final plat, and all other approvals and permits.
H. Duration of preliminary plat validity. An approved preliminary plat shall remain valid for a period of 24 months, after which time the preliminary plat shall expire. If a final plat has not been approved, the preliminary plat must be resubmitted as a new application in conformance with all applicable requirements of this ordinance at the time of reapplication.
I. Modifications to an approved preliminary plat. Minor changes to an approved preliminary plat may be approved by the UDO Administrator. Such changes as adjusting lot lines, reducing density, increasing open space, increased screening and buffering, and adjusting stormwater or utility locations for other permits and the like qualify as minor changes. Major changes to an approved preliminary plat, such as movement of roads, new roads, increased density, and the like, will require resubmittal for review and approval as a modification to an application.
4.6.10 Major subdivision final plat approval.
A. Applicability. The final plat shall constitute only that portion of the approved preliminary plat that the applicant proposes to record and develop at the time of submission. After the improvements shown on the approved preliminary plat have been installed or guaranteed for the whole or portion of a subdivision, the applicant shall submit a final plat of the area covered by such improvements.
Approval of a preliminary subdivision plat shall not constitute approval of the final subdivision plat, nor shall it constitute approval of portions of a subdivision to be developed in future phases that have not been reviewed in conformance with this Article. Application for approval of the final plat will be considered only after the requirements for final plat approval as specified below have been fulfilled and after all other specified conditions have been met.
B. Application requirements.
1. All applications for final plat approval shall be submitted in accordance with Article 4.1.3 (Application Requirements) in addition to any specific requirements provided by the UDO Administrator.
2. Construction plan approvals and required permits must be received prior to final plat approval.
3. A land surveyor registered to practice in North Carolina shall prepare the final plat. All final plats to be recorded by the Brunswick County Register of Deeds shall be probated and shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G.S. § 47-30 as amended, and the Standards of Practice for Land Surveying in North Carolina.
C. UDO Administrator action. Where all required improvements have been completed, upon receipt of a completed application, the UDO Administrator shall review the application for conformance with the applicable approval criteria listed in Article 4.6.10.I. In performing such review, the UDO Administrator may consult with the Technical Review Committee or other applicable review entities or consultants. If the final plat for a subdivision is in compliance with the applicable approval criteria listed in Article 4.6.10.I., the Planning Board shall approve the final plat. If the required improvements have not been completed see provisions for improvement guarantees.
D. Provision of improvement guarantees. Where the required improvements have not been completed prior to the submission of the final plat, the UDO Administrator may, in consultation with the Town Council, accept from the applicant an improvements guarantee using one of the methods described in Article 4.6.12 (improvement guarantees).
E. Action by the Planning Board.
1. In the event required improvements have not been completed, upon receipt of a completed application, and agreed upon improvement guarantees, the UDO Administrator shall review the application for conformance with the applicable approval criteria listed in Article 4.6.10.I. In performing such review, the UDO Administrator may consult with the Technical Review Committee or other applicable review entities or consultants. The UDO Administrator shall forward the final plat to the Planning Board for review prior to its next scheduled meeting and the Planning Board shall take final action within 30 days; however, this time period may be extended upon written request of the applicant if the UDO Administrator finds that extensive modifications are necessary.
2. If the final plat for a subdivision is in compliance with the applicable approval criteria listed in Article 4.6.10.I., the Planning Board shall approve the final plat. This approval and all other required endorsements (see F below) shall be noted on the original and three copies of the final plat. The original shall be returned to the applicant. One copy shall be transmitted to the Brunswick County Health Department, one copy shall be transmitted to the Brunswick County Engineering and Utilities, and one copy shall be retained for the permanent files of the Planning Board. The approval shall grant the applicant authority to record the subdivision plat and to begin the sale of lots unless the subdivider has entered into pre-sale, pre-lease agreements with lot purchasers based on preliminary plat approval under Article 4.6.9.
3. If the final plat is not in compliance, the reasons for disapproval and conditions to be met before approval of the final plat shall be noted on two copies of the proposed final plat. One copy shall be returned to the applicant and one copy shall be retained for the Planning Board’s records.
F. Required endorsements. The following endorsements shall be prominently located on all copies of an approved final plat. The UDO Administrator may waive endorsements that are not relevant.
1. Certificate of Survey and Accuracy. I, , certify that this plat was drawn under my supervision from (an actual survey made under my supervision) (deed description recorded in Book , Page , etc.) (other); that the ratio of precision is 1: ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book , Page ; that this plat was prepared in accordance with NCGS 47-30, as amended. Witness my original signature, registration number and seal this day of , A.D. 20 .
Surveyor Seal or Stamp
Registration Number
2. Certificate of Ownership and Dedication. The undersigned hereby certifies that the land shown here on is owned by the undersigned, and hereby freely dedicates all rights-of-way, easements, streets, recreation areas, open spaces, common areas, utilities, and other improvements to public or private common use as noted on this plat, and further assumes full responsibility for the maintenance and control of said improvements until they are accepted for maintenance and control by an appropriate public body or by an incorporated neighborhood or homeowners association or similar legal entity.
Owner(s)
Date
3. Certificate of Approval of Proposed State Roads. I hereby certify that these roads as installed or as designed and guaranteed are in accordance with the minimum design criteria presently required by the North Carolina Department of Transportation, Division of Highways, for the acceptance of streets onto the state system for maintenance.
District Engineer
NCDOT - Division of Highways Date
4. Certificate of Approval of Proposed Town Streets. I hereby certify that these streets as installed or as designed and guaranteed are in accordance with the minimum design criteria presently required by the Town of St. James, for the acceptance of streets onto the town system for maintenance.
Director of Public Works
Date
5. Certificate of Land Use Regulation and Purpose of Plat. I, , certify to one (1) of the following:
a. That this survey creates a subdivision of land within the area of a county or municipality that has an ordinance that regulates parcels of land;
b. That this survey is located in a portion of a county or municipality that is unregulated as to an ordinance that regulates parcels of land;
c. Any one (1) of the following:
(1) That this survey is of an existing parcel or parcels of land and does not create a new street or change an existing street;
(2) That this survey is of an existing building or other structure, or natural feature, such as a watercourse; or
(3) That this survey is a control survey.
d. That this survey is of another category, such as the recombination of existing parcels, a court-ordered survey, or other exception to the definition of subdivision;
e. That the information available to the surveyor is such that the surveyor is unable to make a determination to the best of the surveyor’s professional ability as to provisions contained in a) through d) above.
Surveyor
Seal or Stamp
Registration Number
6. Certificate of Approval of On-site Sewage Disposal Systems. I hereby certify that the lot(s) on this final plat have been evaluated under the current provisions of Title 15A NCAC 18A.1900 et seq., and found that it/they has/have acceptable soils for an on-site, subsurface sewage treatment and disposal system.
Brunswick County
Environmental Health Date
7. Certificate of Lots Served by Public Water and/or Sewer Systems. I hereby certify that the construction plans for the water system and/or sewer system have been approved for (Name of Subdivision). The utilities have been constructed, or secured via a financial guarantee, to (Service Provider) standards.
Authorizing Agent
Date
8. Certificate of Approval for Recording. I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations of the Town of St. James, North Carolina and that this plat has been approved by the St. James Planning Board for recording in the Office of the Register of Deeds. This approval is valid for a period of six months from the date of the Town Clerk’s signature.
Town Clerk, Town of St. James
(Amended 05/06/2008) Date
9. Certificate of Exemption. I hereby certify that the division of land shown and described here on is not a division of land subject to the Town of St. James Subdivision Ordinance. No approval of this plat is required.
UDO Administrator
Date
10. Certificate of Review Officer. I, , Review Officer of ( ) (name of county), certify that the map or plat to which this certification is affixed meets all statutory requirements for recording.
Review Officer
Date
G. Appeal. If the final plat is denied by the Planning Board, the applicant may appeal to the Board of Adjustment. Any appeal must be taken within 30 days after the decision of the Planning Board is filed in the town office or after a written copy of the decision is mailed to the appellant by registered mail return receipt requested, whichever is later. Such appeal shall be for the Board of Adjustment to determine if the Planning Board correctly applied the subdivision review requirements to the subdivision request.
H. Effect of denial. The applicant shall have the later of six months from the time of final notification of denial by the Planning Board or the expiration of 24 months after preliminary plat approval to submit a revised final plat, at which time the approved preliminary plat shall be null and void.
I. Final plat approval criteria. Subdivision plats shall be approved only when the Planning Board finds that all of the following conditions exist:
1. The plat substantially complies with the approved preliminary plat;
2. The plat complies with the standards of Article 12, (Subdivision Standards), and the other applicable requirements of this ordinance;
3. All necessary rights-of-way have been offered for reservation or dedication;
4. All necessary drainage easements have been provided; and
5. All required endorsements and certifications have been obtained.
J. Expiration of final plat approval/recordation required. Approved final plats shall be recorded with the Brunswick County Register of Deeds within six months from the date of approval, if the final plat is not recorded within this period, it shall expire. The plat may be resubmitted for review and it shall be reviewed against the ordinance in effect at that time.
K. Limitations of final plat approval. The approval of a final plat pursuant to regulations adopted under this Article shall not 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. Public roads must be accepted by the state’s Department of Transportation.
4.6.11 Minor subdivision plat approval.
A. The procedures for approval of minor subdivisions are intended to simplify processing of routine small subdivisions with due regard to protection of the public interest. The approval process difference between the minor and major subdivision process is that minor subdivisions do not require a preliminary plat.
1. Applicants petitioning for minor subdivision plat approval shall meet with the UDO Administrator and submit a concept plan or, alternatively, a survey plat, for a determination of whether the approval process authorized by this Article can be used.
2. The UDO Administrator may require the applicant to submit additional information to make this determination, including, but not limited to, a copy of the tax map showing the land being subdivided and all lots created out of that tract of land within the previous five years.
3. The UDO Administrator may refer the minor plat application to the TRC for consideration and recommendation. Following TRC review, if any, the UDO Administrator may approve, approve with minor modification, deny the application, or refer the application to the Planning Board for a final decision. Reasons for the decision shall be transmitted in writing to the applicant. Delivery may be via email, written decision on the face of the plat, or in letter form.
B. There shall be only one minor subdivision approved on any original tax parcel in any five- year period.
C. After completion of a pre-application conference and sketch plan review, the applicant may apply directly for approval of a final plat.
D. A minor subdivision plat shall only be approved when it meets all of the approval criteria set forth below:
1. The plat complies with the applicable standards of Article 12, Subdivision Standards, and the other applicable requirements of this ordinance;
2. The plat indicates that all subject lots will have frontage on existing approved streets, or access for ingress and egress on a private street;
3. All necessary drainage easements have been provided; and
4. All required endorsements and certifications have been obtained (see Article 4.6.10(F)).
E. Notwithstanding the above, qualified expedited minor subdivisions are to be approved administratively by the UDO Administrator when all of the approval criteria set forth below are met. A minor subdivision plat shall only be approved when it meets all of the approval criteria set forth below:
1. The tract or parcel to be divided is not exempted under G.S § 160D-802(a);
2. No part of the tract or parcel to be divided has been divided under this subsection in the ten years prior to division;
3. The entire area of the tract or parcel to be divided is greater than five acres;
4. After division, no more than three lots result from the division;
5. After division, all resultant lots comply with all lot dimension size requirements of the applicable zoning district, the use of the lots is in conformity with the applicable zoning district, and a permanent means of ingress and egress is recorded for each lot.
4.6.12 Improvement guarantees.
A. Agreement and security required. In lieu of requiring the completion, installation, and dedication of all improvements prior to final plat approval, the town may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements, with the exception of electric utilities. This agreement shall be accompanied by a survey plat indicating the property boundaries and lot lines, if applicable, of the area subject to the agreement. Once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved by the appropriate responsible authority as provided in this ordinance, if all other requirements of this ordinance are met. The town shall not have the authority to mandate one type of guarantee over another. To secure this agreement, the subdivider shall provide, subject to the approval of the UDO Administrator, either one or a combination of the following guarantees equal to 125% of the entire cost as provided herein.
1. Surety performance bond(s). The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do business in North Carolina. The bonds shall be payable to the town and shall be equal to, either alone or in combination with any other surety discussed in this Article, a total amount equal to 125% of the entire cost, as estimated by the subdividers and approved by the town, of installing all required improvements, with the exception of electric utilities.
2. Security. The subdivider shall deposit an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the town or in escrow with a financial institution designated as an official depository of the town. The amount of the deposit shall be equal, either alone or in combination with any other security discussed in this Article, to a total amount equal to 125% of the cost, as estimated by the subdivider’s engineer and approved by the town of installing all required improvements, with the exception of electric utilities. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the town an agreement between the financial institution and himself or herself guaranteeing the following:
a. That said escrow account shall be held in trust until released by the town and may not be used or pledged by the subdivider in any other matter during the term of the escrow; and
b. That in the case of failure on the part of the subdivider to complete said improvements, the financial institution shall, upon notification by the town and submission by the town to the financial institution of an engineer’s estimate of the amount needed to complete the improvements, immediately either pay to the town the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town.
3. Certification of electric utilities. A written statement by the utility company authorized to serve the subdivision stating their commitment to install electric utilities with projected completion dates may be accepted in lieu of guarantees set forth in paragraphs 1 and 2 of this Article.
B. Default. Upon default, meaning failure on the part of the subdivider to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account shall pay all or any portion of the bond or escrow fund to the town up to the amount needed to complete the improvements based on an engineering estimate. Upon payment, the town may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements.
C. Release of guarantee security.
1. The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgment by the town that the improvements for which the performance guarantee is being required are complete. The town shall return letters of credit or escrowed funds upon completion of the required improvements to its specifications or upon acceptance of the required improvements, if the required improvements are subject to town acceptance. When required improvements that are secured by a bond are completed to the specifications of the town, or are accepted by the local government, if subject to its acceptance, upon request by the developer, the town shall timely provide written acknowledgment that the required improvements have been completed.
2. In the event that the applicant wishes to occupy any building or any portion of any building prior to the completion of the required site improvements, the town shall retain the bond guaranteeing improvements until the remaining required improvements are completed.
D. Duration and extension.
1. The duration of the performance guarantee shall initially be one year, unless the developer determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration.
2. A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of the town, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period. An extension under this subdivision shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall be equal to 125% of the total cost of all incomplete improvements.
4.6.13 Re-subdivision procedures. For any re-platting or re-subdivision of land, the same procedures, rules, and regulations shall apply as prescribed herein for an original subdivision submittal.
(Ord. passed 2-3-2021; Ord. 2023-03, passed 3-1-2023)