(A) Interpretation, conflict and applicability. All proposed minor and major subdivisions shall comply with this subchapter. The Planning Board shall deny approval of any subdivision which the Board finds does not meet one or more of the stated provisions of this chapter, and shall approve any subdivision which the Board finds meets all the stated purposes and provisions of this chapter. Provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity and general welfare. It is not intended by this subchapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that, where this subchapter imposes a greater restriction or imposes higher standards than those required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this subchapter shall govern so that, in all cases, the most restrictive limitation or requirement, or the requirement causing the highest standard of improvement, shall govern.
(B) Repeal and reenactment of existing ordinance. The rewriting of this subchapter in part carries forth by reenactment some of the provisions of the existing Subdivision Ordinance of Surry County and it is not intended to repeal, but rather to reenact and continue in force such existing provisions so that all rights and liabilities that have been accrued are preserved and may be enforced. All provisions of the Subdivision Ordinance adopted on 11-1-1999, as amended, which are not reenacted herein, are hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of the Subdivision Ordinance in effect, which are now pending in any of the courts of this state or of the United States, shall not be abated or abandoned by reason of the adoption of this subchapter, but shall be prosecuted to their finality the same as if this subchapter had not been adopted; and any and all violations of the existing ordinance, prosecutions for which have not been instituted, may be filed and prosecuted; and nothing in this subchapter shall be so construed as to abandon, abate or dismiss any litigation or prosecution now pending and/or which may have been instituted or prosecuted.
(C) The general design of the subdivision shall take advantage of and be adjusted to the contour of the land to produce usable building sites and streets of reasonable gradients. Subdivision plans shall be drawn in consideration of the suitability of the land and its capability to support and maintain the proposed development. Due consideration shall be given to such factors as water supply watershed requirements, outstanding resource waters, topography, rock outcrops, flood damage prevention, erosion control, wetland preservation, stormwater management, solar energy, tree preservation, noise and pollution control, habitat for endangered species, areas of historical, archaeological or architectural significance, (including cemeteries as referenced in G.S. §§ 14-148, 14-149, 70-27, 70-29, 70-30 and other such statutes that may relate as amended) and land use relationships in addition to other factors including those prescribed by this chapter.
(D) The subdivider shall be required to reference the North Carolina State Environmental Policy Act, found in the North Carolina Administrative Codes through the Department of Administration for any development which deals with an environmental analysis. This document can be referenced through the office of the North Carolina Department of Environmental Quality (NCDEQ) when the development pertains to land use, water quality, wastewater disposal and/or any other environmental issues as dealt with through this state agency.
(E) (1) G.S. § 136-102.6, "Compliance of Subdivision Streets with Minimum Standards of the Board of Transportation Required of Developers", requires that new public streets outside of city limits be in accordance with the minimum right-of-way and construction standards established by the Board of Transportation for acceptance on the state highway system.
(2) It is the intent of this subchapter to complement, and not to conflict with the requirements of NCDOT as stated in G.S. § 136-102.6. In all cases, the most restrictive limitation or requirement or the requirement causing the highest standard of improvement shall govern.
(F) This chapter provides that a developer may provide funds to the county whereby the county may acquire recreational land or areas to serve the development or subdivision, including the purchase of land that may be used to serve more than one subdivision or development within the immediate area.
(G) This chapter provides for the more orderly development of subdivisions by requiring the construction of community service facilities in accordance with county plans, policies, and standards.
(H) Effect upon new territory added to jurisdiction.
(1) At any time when new territory is added to the jurisdiction of this chapter, such new territory shall immediately become subject to the provisions of this subchapter.
(2) Any proposed subdivision or any subdivision in progress within such new territory shall proceed only in accordance with the following:
(a) Any subdivision for which a final plat has been recorded in the Register of Deeds office pursuant to the approval of another local government, but which is subject to an outstanding guarantee to such local government for the installation of subdivision improvements, shall remain under the subdivision control of such local government until such time as such subdivision shall have been prosecuted to completion.
(b) All other subdivisions shall meet all of the requirements of this chapter and it shall be the responsibility of the subdivider of any proposed subdivision or subdivision in progress to receive approval as provided for in this chapter before proceeding with any development. The subdivider shall arrange a conference with the Subdivision Administrator, who shall determine the level and type of approval required and provide the subdivider with an approval track for the particular case.
(I) Validity.
(1) If any section, division, sentence, clause or phrase of this subchapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this subchapter.
(2) The Board of Commissioners hereby declares that it would have passed this subchapter and each section, division, clause and phrase thereof irrespective of the fact that any one or more sections, divisions, sentences, clauses or phrases be declared invalid.
(J) Appeals of the Subdivision Administrator. 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.
(Ord. passed 4-17-2023)