5.13   Development plan and design requirements.
   All development other than single-family detached and two-family and/or accessory buildings thereto on individual lots and/or tracts not proposed for subdivision shall be in conformance with an approved development plan. Exception is taken to farming and/or agriculture whereby the principal use of the development meets the definition of a bonafide farm as defined in section 3 herein, and/or where variance is granted from compliance with this requirement.
   5.13.1 Development plan requirements and procedures. All development plans shall be required to satisfy the following requirements and procedures, and satisfy the requirements of subsection 5.13.8, design requirements, herein.
   5.13.2 Application and approval process in general. Applicants requesting a zoning permit for development other than that specifically excepted herein above shall submit a development plan (together with any and all required technical data specified and/or requested) for review by the town planner or his/her authorized designee. Approval of a satisfactory development plan is pre-requisite to the issuance of a zoning permit.
   Applicants are required to submit a sketch plan. Guidelines for sketch plans are set forth in sub section 5.13.5 herein. The purpose of the sketch plan is to incorporate recommendations from town staff concerning the development before meeting to discuss specifics with town planning board and council.
   The applicant is encouraged to incorporate staff recommendations before submittal of the development plan before submittal. Sketch plan approval does not constitute approval of the development plan and may not be substituted for any required approvals.
   Development plans involving new construction of more than five thousand (5,000) square feet of gross leasable area must be approved by the town council before issuance of a zoning permit. The town planner and the technical review committee shall review and make recommendations prior to recommending action by the council; furthermore, the town planner may return the development plan to the applicant for revision and/or additional information before recommending action by the council. All other development plans are exempted from council approval; however, require the approval of the town planner. All development plans must bear the original signature of the town planner to be deemed approved.
   Upon submittal of a development plan and all required materials specified by the town planner, the town planner shall have twenty (20) working days to either return the development plan to the applicant with non-compliance findings noted, or notify the applicant of an approval/rejection/recommendation for approval/return for revision and/or additional information (depending on the source of the approval, i.e., town council or town planner). Notification may be verbal, but must be documented in writing within thirty (30) days following the notification date. Each time a development plan is rejected, revised or returned for additional information, the timetable for official action shall begin anew. Should a period of thirty (30) days elapse between the submittal of a development plan and the issuance of a written notification, then the development plan shall be deemed approved/recommended for approval.
   Where town council approval is required as specified herein, the council shall have forty-five (45) days following receipt of the town planner's recommendation to take action either to approve or reject the development plan. Failure of the council to act on the development plan within the specified period shall deem approval of the development plan as submitted.
   Applicants wishing to re-submit rejected developments plans or submit substantial revision, as determined by the town planner, approval development plans must re-apply for a zoning permit satisfying all of the requirements required herein.
   Applicants requesting development plan review/approval shall be required to pay a review fee in accordance with the fee schedule at the time of each development plan submittal and/or request for substantial revision.
   5.13.3 Effect of development plan approval—Validity. Approval of the development plan shall authorize the applicant to proceed with the installation of site improvements provided all other regulatory requirements are satisfied. Approval shall not authorize the sale or transfer of lots/tracts/units, nor the occupancy/use, nor the revision of the approved development plan. Development plan approval shall be void unless installation of improvements is in accordance with the approved development plan and/or approved revisions thereto. Development plan approval is valid for a period of nine (9) months from the date of approval; however, approved revisions shall not constitute additional time unless specified in writing by the town planner upon approval of said revisions. Substantial revision to a development plan requiring re-application as described in section 5.13.2 may constitute a new validation period.
   Projects requiring more than nine (9) months for construction and completion may request additional time in either the application or a subsequent letter or request; however, no approval shall be granted for a period greater than two (2) years. Projects requiring phased construction or approval for periods exceeding two (2) years shall submit development plans for each phase or for each extended period of construction, subject to the discretion of the town planner.
   5.13.4 As-built plans—Validity and effect. A set of as-built drawings and technical data shall be prepared by the applicant and submitted to the town planner for review of compliance prior to occupancy and/or use of developments requiring development plan approval. The town planner shall notify the applicant within fifteen (15) days of receipt of the development plan as-built drawings and technical data, of any non-compliance or deficiency in information. As-built drawing(s) and technical data shall be kept on file at the community development department along with one copy of the approved development plan and any approved revisions thereto. Refer to subsection 5.13.7 herein.
   Development not in compliance with an approved development plan shall not be eligible for occupancy/use until all corrective measures are taken to satisfy the requirements herein.
   5.13.5 Sketch plan requirements and procedure. The sketch plan should be drawn to scale, preferably the scale required for development plan submittal. Required information shall include the following:
   a)   Property boundaries and total acreage;
   b)   Major topographical and physical features (i.e. water bodies, slopes, buildings, streets, etc.);
   c)   Proposed streets, buildings and/or lot arrangements;
   d)   Existing and proposed land use with brief project description including building sizes, unit sizes, lot sizes, open space, amenities, etc.;
   e)   Name, address and telephone number of applicant and persons (firm) preparing the development plan;
   f)   Adjacent street names, numbers and right-of-way widths; and
   g)   Zoning district classification of site and surrounding properties, including those across streets.
   The sketch plan shall be submitted providing at least five (5) copies.
   5.13.6 Development plan requirements and procedure. The development plan shall be submitted providing the minimum required information and should contain all applicable recommended information. The development plan shall be drawn to a scale of one inch equals twenty feet (1" = 20') unless otherwise approved by the town planner. Required information may be waived and/or recommended information required at the discretion of the town planner, where special circumstances avail.
   1.   Required information for development plan:
      a)   Existing and proposed topographic contours at vertical intervals no greater than five (5) feet, of development area;
      b)   The location, use and outline of existing and proposed buildings and structures;
      c)   The location of proposed open spaces;
      d)   The location, name, pavement width and right-of-way width of existing streets;
      e)   The location, name, pavement width, curb type, right-of-way width, pavement type, sidewalk location and curb cuts of all proposed Street and parking facilities and site improvements (refer to section 5.1, 5.13.9, & 5.13.10);
      f)   The location of all existing and proposed utilities including electrical, water, sewage, telephone, fiber optic, and gas facilities (including easements);
      g)   The location of all existing and proposed drainage facilities necessary to serve the site (including easements);
      h)   Schedule of densities showing the number and type of dwellings per acre;
      i)   Schedule of building uses, by type, showing the number of bedrooms, the number of units and floor area;
      j)   Buffer and screening devices proposed to separate uses within the development;
      k)   Proposed perimeter buffers and screening devices (refer to section 5.7);
      l)   Proposed schedule of development for each phase of the project showing anticipated time for completion and estimated completion dates;
      m)   Property line survey and acreage data;
      n)   Vicinity map at a scale of one inch equals four hundred (1" = 400') feet and encompassing an area no less than one-fourth mile in radius of the site and including:
         1)   Existing streets.
         2)   Existing water courses and flood hazard areas as determined by FEMA.
         3)   Existing land uses on the site and in the area surrounding the site.
      o)   Written and graphic scale, north arrow and title;
      p)   Proposed name of development;
      q)   Technical report containing:
         (1)   A description of the project including general characteristics, development concept, architectural design and amenities;
         (2)   A general assessment of impact showing the proposed impact upon all affected utilities, transportation facilities, the environment, the local economy and local government; and
         (3)   Engineering report to demonstrate adequacy of existing and proposed public facilities;
      r)   Name, address and telephone number of the applicant and persons (firm) preparing the development plan;
      s)   Zoning district classification of site and surrounding properties, including those across street(s);
      t)   Owner names of surrounding properties;
      u)   Existing driveway cuts on all adjacent properties (including those across the street(s); and
      v)   Certificate of review and approval of the technical standards:
         I hereby certify that I have reviewed the plan and the plan meets or exceeds the regulations and ordinances of the Town of Surf City.
                                                                                             
         Public Works Director   Building Inspector
                                                                                             
         Fire Marshal   Police Chief
                                                  
         Town Planner
The development plan shall be submitted providing at least five (5) copies. Development plans requiring consideration by the town council shall be submitted in sets of fifteen (15) copies for planning board and ten (10) copies for council upon acknowledgement by the town planner. Applicants are encouraged to submit the ten (10) copies for council review after receiving and incorporating comments resulting from the planning board's recommendation. Facilities and/or improvements proposed for dedication to the State of North Carolina, Pender or Onslow County, and/or Town of Surf City and/or their political subdivisions shall be submitted for design approval and plan. Prior to constructing, detailed plans and specifications, prepared by a licensed professional engineer, shall be reviewed and approved by each relevant entity in accordance with their respective policies regarding said facilities and/or improvements. Approval of the development plan does not imply or satisfy approval requirements for such facilities and/or improvements.
   5.13.7 As-built development plan requirements and procedure. The as-built development plan shall be submitted in accordance with section 5.13.4 herein and the following requirements:
   1)   The as-built development plan shall constitute only that portion of the approved development plan proposed for occupancy and/or use at that time.
   2)   An as-built development plan may be required to show or be accompanied by the following information subject to the discretion of the town planner.
      a.   Name of development;
      b.   Date including the month, day and year of the original drawings and of each revision;
      c.   Names and addresses of the owner of record, the applicant, the land planner, the surveyor and the engineer;
      d.   Boundary lines of the development with distances accurate to hundredths (100th) of a foot and bearings of one-half (½) a minute;
      e.   Radii, central angles, tangents, length of arcs and curvature of all new street lines;
      f.   Lines and widths of all easements with dimensions accurate to hundredths (100th) of a foot and notation of the purpose of the easement or any limitations on its use;
      g.   The location and elevation of the benchmark to which contour elevations refer;
      h.   Lot numbers and a statement of the total number of lots. Lot lines shall be defined by distances in hundredths (100th) of a foot and in degrees to the nearest one-half (½) of a minute, either by magnetic bearings or by angles of deflection from other lot and street lines;
      i.   Building setback lines with dimensions;
      j.   Statement of the intended use of all non-residential areas, with reference to existing or proposed restrictions as will exist in covenants in the deed;
      k.   Accurate boundaries and specific designation of any area to be dedicated or reserved for public use of acquisition; and
      l.   Accurate boundaries and specific designation of any area to be reserved by deed covenants or restriction for the common use by owners of land contained within the subdivision.
   3)   The as-built development plan shall bear each of the following certifications (where applicable); executed by the appropriate authorized persons:
      a)   Certificate of ownership and dedication:
         I hereby certify that I am the owner of the property shown and described hereon, which is located in the Corporate Limits of the Town of Surf City or Extraterritorial Jurisdiction, if applicable, and that I hereby adopt this development plan and/or plan of subdivision with my free consent, establish minimum building setback lines, and dedicate all streets, walks, parks, and other sites and easements to public or private use as noted. Furthermore, I hereby dedicate all sanitary sewer, storm sewer and water lines to the appropriate agency.
                                                                                               
         Date      Owner
      b)   Certificate of survey and accuracy:
         I, ____________, certify that this map was (drawn under my supervision) (deed description recorded in Book ____________, page ____________, etc.) (other, specify); that the error of closure as calculated by latitudes and departures is 1:____________; that the boundaries not surveyed are shown as broken lines platted from information found in Book ____________, page hand and seal this ____________ day of ____________, 20____________, A.D.
                                                                                               
         Seal Surveyor   License or Registration #
         Sworn to and subscribed before me this ____________ day of ____________, 20____________.
                                                                      
         Signature and Seal of Notary Public
      c)   Certification of the approval of streets and utilities:
         We hereby certify: 1) that streets, utilities, and other improvements have been installed within the Development shown and described hereon in an acceptable manner and in accordance with design standards of the applicable regulations and Zoning Ordinance, Town of Surf City, North Carolina and other specifications of the Town; or, 2) that a security bond in the amount of $____________, cash in the amount of $____________, or an irrevocable letter of credit payable upon demand by the Town has been posted with the Town to assure completion of all required improvements in case of default.
                                                                                                                     
         Seal Registered Professional Engineer      Date
         Sworn to and subscribed before me this ____________ day of ____________, 20____________.
                                                                    
         Signature and Seal of Notary Public
      d)   Certificate of approval of water and sewage system:
         I hereby certify that the water supply system and the sewage disposal system installed or planned to be installed to serve each lot within the Development shown and described hereon fully meets the requirements of the Pender or Onslow County Health Department.
                                                                                                                     
         Date      County Health Officer
      e)   Certificate of approval for recording:
         I hereby certify that the development plan shown hereon has been found to comply with the Subdivision Regulations and Zoning Ordinance, Town of Surf City, North Carolina with the exception of such variances, if any, as are noted in the minutes of the Zoning Board of Adjustment at its meeting on ____________ and may be recorded in the Office of Clerk of Pender or Onslow County.
                                                                                                                     
         Date      Town Planner
The as-built development plan shall be provided in a minimum of five (5) copies, each bearing the original signatures and executions of the aforementioned applicable certifications.
   5.13.8 Design requirements. All development shall be in conformance with the following design and/or construction requirements.
   5.13.9 Public improvements. Any and all components for Development intended and/or proposed for public facilities dedication and/or public utility shall be in conformance with the following regulations:
   1)   Street and alley construction shall be in accordance with the policies and procedures established and design requirements and construction standards established by the town council.
   2)   Water and sewer line construction shall be in accordance with the policies and procedures established and design requirements and construction standards established by the town council.
   3)   Electrical supply, gas supply and telecommunications facilities construction shall be in accordance with the policies, procedures, design requirements and construction standards established by the utility commission and/or company providing service to the vicinity.
   4)   Public park and/or open space construction and/or provision shall be in accordance with the policies, procedures, design requirements and construction standards established by the entity receiving dedication of such facilities.
   5)   Public parking facilities construction shall be in accordance with the parking requirements established in section 5.1 herein and applicable building codes.
   5.13.10 Private improvements. Any and all components for Development not intended and/or proposed for public facilities dedication and/or public utility shall be in conformance with the following regulations:
   1)   Driveway and parking facilities construction shall be in accordance with the requirements established in section 5.1 herein and applicable building codes.
   2)   Water and sewer line (collection/ distribution and service) construction shall be in accordance with the policies and procedures established and design requirements and construction standards established by Pender or Onslow County.
   3)   Buildings and their respective appurtenances shall be constructed in accordance with the policies, procedures, design requirements and construction standards established herein and by the building codes of Pender or Onslow County.
   4)   Signs and their respective appurtenances shall be constructed in accordance with the policies, procedures, design requirements and construction standards established in section 6.0 herein and the building codes of Pender or Onslow County.
(Ord. No. 2020-10, 12-1-20)