(A) Plan and plat requirements.
(1) Plans, plats, supporting documents and material for the levels of subdivision approval shall be submitted as provided for by G.S. §§ 160D-801 through 808, as amended, and this chapter.
(2) This subchapter shall require that a plat be prepared, approved, and recorded pursuant to the provisions of this chapter whenever any subdivision of land takes place within the jurisdiction of Surry County. This chapter may include requirements that the final plat show sufficient data to determine readily and reproduce accurately on the ground the location, bearing and length of every street and alley line, lot line, easement boundary line and other property boundaries, including the radius and other data for curved property lines, to an appropriate accuracy and in conformity with good surveying practice.
(3) Although not required, it is recommended that the subdivider hold a pre-submittal conference with the Subdivision Administrator to determine the subdivision approval track and supporting document requirements for the case.
(B) Subdivision general requirements. All plans, plats and supporting documents to be submitted in connection with the procedures set forth in this subchapter shall be submitted first to the Subdivision Administrator. A preliminary plat shall be required before the final plat can be approved. Preliminary plats may include construction drawing approvals prior to submission of the final plat. The submittal schedule and approval authority for subdivisions depends on the classification as minor, major, or exempt and can be found in division (C) below. All subdivisions shall meet the standards provided in §§ 154.013. The decision to approve or deny a subdivision shall be based upon whether the application complies with the regulations of the zoning district and the standards provided in §§ 154.013.
(1) Standards of submittal. The application shall include a completed application form, two copies of the plat, and supporting documentation deemed necessary by the Zoning Administrator.
(2) Watershed review. The applicant for a subdivision shall submit a vicinity map to the Zoning Administrator to determine whether the property is located within the designated public water supply watershed, as established in §§ 154.006. Subdivisions located within a Watershed Overlay shall meet the requirements of §§ 154.017 in addition to those of this subchapter.
(3) Erosion and sedimentation control. The application shall, where required, be accompanied by a written statement that a sedimentation and erosion control plan has been submitted to and approved by the North Carolina Department of Environmental Quality (NCDEQ).
(4) Final plats. After all required improvements of a subdivision are complete, the final plat/plan shall be submitted to the Subdivision Administrator for final review and approval for recording. Final plats shall be submitted within one year (12 months) of the preliminary plat approval unless an extension is requested and approved by the Subdivision Administrator. The plat shall be recorded within 14 days of approval. The subdivider shall provide the Zoning Administrator with evidence the plat has been recorded with the Register of Deeds within five working days. All subdivision plats shall comply with the requirements for recording of the Surry County Register of Deeds.
(C) Subdivision review procedure. Subdivisions in Surry County shall consist of three types of subdivisions: minor subdivisions, major subdivisions, and exempt subdivisions. The approval schedule and authority for the levels and types of subdivision approvals shall be as follows:
(1) Minor subdivision. A minor subdivision is a subdivision which contains five or fewer lots, each lot fronting with access on a state-maintained street or road.
(a) The Subdivision Administrator shall review and approve all minor subdivisions. (If the Subdivision Administrator and/or the owner- developer-surveyor cannot resolve all issues, any final plat shall be taken to the Development Services Director for review and approval or disapproval.)
(b) The Subdivision Administrator may, at their discretion, allow agency members of the Technical Review Committee (TRC) an opportunity to make recommendations concerning an individual subdivision before the plat is approved.
(c) Minor subdivisions may be submitted at any time. The Subdivision Administrator shall approve, approve conditionally, or deny the approval of the preliminary plans within 15 days of receipt and authorize submittal to the Surry County Environmental Health Department for water and septic evaluations. Approval, conditional approval, or denial shall be in written and/or drawn form and dated.
(2) Major subdivision. A major subdivision is any subdivision that is not a minor or exempt subdivision.
(a) All major subdivisions shall be reviewed by the Technical Review Committee (TRC), as established in § 154.004-04.
(b) Major subdivisions require a preliminary and final plat meeting the requirements of §§ 154.012.
(c) The Planning Board shall review and approve the preliminary plats for all major subdivisions.
(d) Preliminary plats for major subdivisions may be submitted at any time provided; however, to be eligible to be placed on an agenda of a Planning Board meeting, such submittal shall have been filed by noon with the Subdivision Administrator at least 30 calendar days, or by noon of the previous business day (if the date falls on a weekend or holiday) prior to that meeting. The schedule shall allow time for consideration by the TRC.
(e) The Planning Board shall approve, approve conditionally, or deny the approval of the preliminary plans within 15 days of receipt. The recommendation shall be in written and/or drawn form and dated.
(3) Exempt subdivision. Divisions of land that meet one or more of the following criteria are not subject to the subdivision regulations of this chapter, but are required to comply with the zoning regulations of the district.
(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 chapter.
(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 the streets or for public transportation system corridors.
(d) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots or tracts, where no street right-of-way dedication is involved or proposed, and where the resultant lots are equal to or exceed the standards of this chapter.
(e) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. Ch. 29.
(f) Exempt subdivisions may be submitted at any time to the Subdivision Administrator who shall determine their eligibility for recording.
(4) The Subdivision Administrator may require only a plat of recordation for the division of a tract or parcel of land in single ownership if all the following criteria are met:
(a) The tract or parcel to be divided is in not exempted in divisions (C)(3)(a) through (e) above.
(b) No part of the tract or parcel to be divided has been divided under this division in the ten years prior to this division.
(c) The entire area of the tract or parcel to be divided is greater than five acres.
(d) After division, no more than three lots result from the division.
(e) After division, all resultant lots comply with the following:
1. All lot dimension size requirements of the applicable land-use regulation, if any.
2. The use of the lots is in conformity with the applicable zoning requirements, if any.
3. A permanent means of ingress and egress is recorded for each lot.
(D) Appeals. An aggrieved person may appeal any decision of the Subdivision Administrator to the Development Services Director by filing written notice with the Development Services Director within 30 days of the Subdivision Administrator's action, or the Administrator's failure to act, if the Administrator failed to act within the allotted time. If said person is unsatisfied with the decision of the Development Services Director, the appeal shall be taken to the Board of Adjustment by filing written notice according to § 154.010-04 and shall have the same authority as the Subdivision Administrator regarding the subject level of subdivision review and approval.
(E) Effects of approvals; prerequisites.
(1) Preliminary plat. This approval shall constitute tentative approval of the subdivision plat/plan if the final subdivision plat/plan is in substantive agreement with the preliminary plat/plan and shall entitle the subdivider to proceed to prepare street, storm drainage, flood control, erosion control and utility construction plans, if applicable, and/or to proceed to prepare the final plat/plan. Approval of construction plans shall entitle the subdivider to proceed with construction of subdivision improvements for the preliminary plat/plan. Preliminary plats/plans for proposed subdivisions that will utilize public water and/or sewer shall include detailed construction plans from a certified engineer.
(2) Final plat. This approval shall entitle the subdivider to record the final subdivision plat. A final subdivision plat must be recorded in the office of the Register of Deeds within 14 working days of its approval. Three recorded copies must be submitted to the Development Services Department by the owner, developer, surveyor or representative, before any building permits are issued. No final subdivision plat shall be regarded as finally approved until such plat has been signed and dated by the Subdivision Administrator and the plat meets the requirements for recording as defined in G.S. § 47-30, as amended. The subdivider shall pay all recording costs.
(3) No final subdivision plat shall be approved for recording until all required subdivision improvements have been installed, inspected, and approved by the Subdivision Administrator and the Local Ordinance Officer unless a performance guarantee has been furnished to the county in compliance with §§ 154.013. In addition, no final subdivision plat shall be approved for recording unless such plat is in substantial agreement, as determined by the Subdivision Administrator, with the approved preliminary plan. Final subdivision plats not in substantial agreement shall be resubmitted as preliminary plans as provided for herein.
(4) After the final subdivision plat is recorded and recorded copies returned to the Surry County Development Services Department, lots, as shown on the plat, may be sold or otherwise conveyed by reference to the recorded plat.
(5) Approval and recording of the final subdivision plat shall constitute dedication by the subdivider of the right-of-way of each public street, and utility and drainage easement shown on such plat. Such dedication, however, does not constitute acceptance by the public of such right-of-way, nor does it constitute acceptance for maintenance, or for other purposes of the improvements within such rights-of-way and easements such as pavements, sidewalk, drainage facilities and other utility lines. In addition, land designated on an approved and recorded final plat as public open space and similar public purposes shall be offered for dedication until Surry County has by resolution accepted such dedication, and such land is deeded to Surry County. Until such dedication has been accepted, land so offered may be used for open space purposes by its owner or their designees, and Surry County shall be held harmless of any liability involving such land. Land so offered for dedication shall not be used for any purpose inconsistent with the proposed public use without the express approval of the Board of Commissioners of Surry County.
(Ord. passed 4-17-2023)