(A) Exclusion determination. If a proposed division of land meets one or more of the exclusions under the definition of “
” in § 152.016 (Definitions), the may submit to the
maps, deeds, or other materials in sufficient detail to permit a conclusive
by the
. An
of land who wishes to record a
of such a division of land shall obtain a certificate of exception (see § 152.385(L)) from the
.
(B) Coordination with other procedures. To lessen the time required to attain all necessary approvals and to facilitate the of applications, an applicant may start the approval process simultaneously with other applications for approvals required for the particular project.
(C) Minor
qualifications. The shall approve or disapprove minor in accordance with the provisions of this section. A minor , as defined in § 152.016, is a involving seven or less in which the number of cannot be increased by additional, “exempt” activity. If the number of is increased at a later time, any previous approval as a minor shall become void and the
must be re-submitted, reviewed, and approved under the
procedures.
(D) Minor
review and approval procedures. The applicant for minor approval is encouraged to confer with the prior to submitting a minor for a of whether the approval process authorized by this section can be and should be utilized. The may require the applicant to submit whatever information is necessary to make this .
(1) The applicant for minor
approval shall submit to the
a
drawn in waterproof ink on a sheet made of material and of a size that will be acceptable to the Onslow County Register of Deeds Office for recording purposes. When more than one sheet is required to include the entire
, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the
. The scale of the
shall be at one inch equals not more than 100 feet. The applicant shall also submit one 18" x 24" print and eight 11" x 17" prints of the
, to be distributed to and reviewed by the town departments, as well as any required application form and required fee.
(2) The minor
shall contain the following information:
(a) The name of the
, which name shall not duplicate the name of any existing
as recorded in the Onslow County Register of Deeds;
(b) The name of the
or
;
(c) The township, county, and state where the
is located;
(d) The name of the surveyor, his registration number, and seal and the date of survey;
(e) The scale according to which the
is drawn in feet per inch or scale ratio in words or figures and bar graph;
(f) All of the additional information required by G.S. § 47-30, and
(g) All of the applicable certificates required in § 152.383.
(3) The
shall take expeditious action on an application for minor
approval. If no decision is rendered by the
within 30 days, the applicant may to the
for review of the application under the approval process. Either the
or the applicant may at any time refer the application to the
for review under the approval process.
(4) Subject to division (D)(3) of this section, the
shall approve the proposed unless the is not a minor as defined in § 152.016, or the application or the proposed fails to comply with any other applicable requirement of this subchapter.
(5) If the is disapproved, the
shall promptly furnish the applicant with a written statement of the reasons for disapproval.
(6) Approval of any
is contingent upon the
being recorded within 60 days after the date the certificate of approval is signed by the
or his or her designee. Failure to record the approved
within the specified 60-day period shall render the
null and void.
(E)
.
(1) A , as defined in § 152.016, is a involving eight or more
. When a is to be developed in stages, a sketch design plan and a shall be submitted for the entire
. A
may be submitted for each stage. A minor
may also be reviewed and approved under the process upon the referral of the Town Manager or his/her designee or the minor
applicant.
(2) The procedures for the review of a involve (I) sketch design plan review by the town staff, (ii) review by the town staff, review and recommendation by the
, and approval by the
, and (iii)
review by the town staff and approval by the Town Manager or his/her designee.
(F) Sketch design plan.
(1) Submission requirements. The shall submit to the a sketch design plan prior to submitting a
. Sketch design plans are optional for successive phases of a previously approved
. The sketch design plan shall conform to the following requirements:
(a) A copy of a sketch design plan shall be submitted for Town Manager or his/her designee review and comments. One 24" X 36" print (for subdivisions with 40 or more
) or one 18" x 24" print and eight 11" x 17" prints are required for review.
(b) A sketch design plan shall be drawn at a scale of approximately one inch to 100 feet unless the size of property dictates a larger scale.
(c) The sketch design plan shall depict or show:
1. A sketch vicinity map showing the location of the in relation to neighboring
, subdivisions,
, and waterways.
2. Total acreage to be subdivided, minimum
size,
and
layout, and acreage left in
or other uses.
3. Existing use of the land within the and adjoining it.
4. The name, address, and telephone number of the
and
.
5.
and
of adjacent developed or platted properties.
6. Zoning classifications of the
and of adjacent properties.
7.
.
(2) Sketch design plan review procedures. The Town Manager or his/her designee shall review with the the sketch design plan for general compliance with this ordinance. The Town Manager or his/her designee shall then advise, within 15 days, the or his or her authorized agent of the regulations pertaining to the proposed
and the procedures to be followed in the preparation and submission of the preliminary and . This review shall in no way be construed as constituting an official action of approval for recording of the
by the Town Manager or his/her designee as required by these regulations.
(3) Sketch plan duration. The shall submit to the Town Manager or his/her designee the
within one year (that is before the anniversary date) of the date upon which the sketch design plan is acted upon by the Town Manager or his/her designee as set out in division (F)(2) of this section. The Town Manager or his/her designee may in sole discretion permit up to two extensions of one year each after action upon the sketch design plan before the
must be submitted.
(G)
review and approval procedures.
(1) Submission requirements. The applicant for preliminary
approval shall submit, at least 15 working days prior to the regularly scheduled meeting at which the will be considered, one 24" x 36" print and eight 11" x 17" prints of the proposed
for review against sketch design comments. When more than one sheet is required to include the entire , all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the . The scale of the
shall be at one inch equals not more than 100 feet. The applicant shall also submit any required application forms and any required fee.
(2)
contents. The
shall be consistent in concept with the previously approved sketch plan and shall contain the following information:
(a) The name of the , which name shall not duplicate the name of any existing as recorded in the Onslow County Register of Deeds;
(b) The name of the
or
;
(c) The township, county, and state where the is located;
(d) The name of the surveyor, surveyor’s registration number, surveyor’s seal, and the date of survey;
(e) The scale according to which the
is drawn in feet per inch or scale ratio in words or figures and bar graph; and
(f) All of the additional information required by NCGA § 47-30 and § 152.381.
(3)
and town staff review. Upon receipt of the requisite copies of the proposed
, the shall distribute copies to the town staff for review of the . Following the town staff review, the shall forward the staff’s findings and recommendations to the and to the applicant at least seven working days prior to the meeting. If the determines that the is incomplete, the shall notify the applicant of the deficiencies.
shall not be forwarded to the until all deficiencies have been corrected.
(4)
review and action. The shall review the
and the findings of the Town Manager or his/her designee, , and any other reports or recommendations pertaining to the and shall provide the Swansboro with a recommendation of approval, recommendation of disapproval, or recommendation with conditions of the
. The shall review
and take action within 60 days of their first consideration of
.
(a) If approval is granted, written confirmation shall be made on two copies of the . One copy of the approved shall be returned to the applicant. Approval of the is authorization for the applicant to proceed with the construction of the necessary
. Preliminary approval shall be valid for a period of 12 months from the date of approval of the
by the
unless an extension of time is applied for and granted by the
, or unless a longer time period is established under applicable
provisions.
whose approval has elapsed shall be resubmitted in accordance with the provisions of this section.
(b) If the
conditionally approves the , the conditions and reasons thereof shall be stated in writing.
(c) If the
disapproves the , the reasons for disapproval shall be stated in writing and reference shall be made to the specific section(s) of this subchapter with which the
does not comply. The applicant may make the recommended revisions and resubmit a revised or may the disapproval of the to the Onslow County Superior Court.
(d) The provisions of this section shall not prohibit any
or its agent from entering into contracts to sell or lease by reference to an approved for which a
has not yet been properly approved under the subdivision ordinance or recorded with the register of deeds, provided the contract does all of the following:
1. Incorporates as an attachment a copy of the referenced in the contract and obligates the
to deliver to the buyer a copy of the recorded
prior to closing and conveyance;
2. Plainly and conspicuously notifies the prospective buyer or lessee that a final
has not been approved or recorded at the time of the contract, that no governmental body will incur any obligation to the prospective buyer or lessee with respect to the approval of the final
, that changes between the preliminary and
are possible, and that the contract or lease may be terminated without breach by the buyer or lessee if the final recorded
differs in any material respect from the ;
3. Provides that if the approved and recorded
does not differ in any material respect from the
referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than five days after the delivery of a copy of the final recorded
; and
4. Provides that if the approved and recorded
differs in any material respect from the referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than 15 days after the delivery of the final recorded plat, during which 15-day period the buyer or lessee may terminate the contract without breach or any further obligation and may receive a refund of all earnest money or prepaid purchase price.
(e) The provisions of this section shall not prohibit any owner or its agent from entering into contracts to sell or lease land by reference to an approved preliminary plat for which a final plat has not been properly approved under the subdivision regulation or recorded with the register of deeds where the buyer or lessee is any person who has contracted to acquire or lease the land for the purpose of engaging in the business of construction of residential, commercial, or industrial buildings on the land, or for the purpose of resale or lease of the land to persons engaged in that kind of business, provided that no conveyance of that land may occur and no contract to lease it may become effective until after the final plat has been properly approved under the subdivision regulation and recorded with the register of deeds.
(5) to the
. If the
is disapproved by the , the applicant may the decision by requesting through the Town Manager that the be scheduled for review by the
according to the same review and approval procedures set forth in this division (G).
(6) Preliminary plat duration. The subdivision shall submit to the Town Manager or his/her designee the final plat within one year (that is before the anniversary date) of the date upon which the
as per divisions (G)(4) and (5) of this section approved the preliminary plat. The Town Manager or his/her designee may in its sole discretion permit successive extensions of one year after approval of the preliminary plat when any of the following conditions exist:
(a) Substantial and continual progress has been made toward the completion of the required improvements;
(b) The development is proceeding substantially according to a development timetable or schedule which was submitted and approved at the time of preliminary plat approval; or
(c) The developer has submitted evidence that circumstances exist which indicate that the delays in construction are reasonable.
(d) It shall be the responsibility of the developer or his/her representative to request an extension in writing of the preliminary plat at least 30 days prior to the anniversary date of its approval.
(H)
review and approval procedures.
(1) Conformance with
. The shall conform substantially to the approved
. If the submitted deviates in its overall design from the approved
, the approved
must be revised and resubmitted to the for review following the same review and approval procedures set forth in division (G) of this section for
.
(2) Submission requirements. The approval shall be submitted at least 15 working days prior to applicant desired approval by the Town Manager or his/her designee. The applicants submittal shall include two prints of material and size acceptable to Onslow County Register of Deeds Office for recording purposes, two minimum 18" x 24" prints as well as any required application forms and any required fees. When more than one sheet is required to include the entire
, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the
. The scale of the shall be at one inch equals not more than 100 feet.
(3)
contents. The shall contain the following information:
(a) The name of the , which name shall not duplicate the name of any existing as recorded in the Onslow County Register of Deeds;
(b) The name of the
or
;
(c) The township, county, and state where the is located;
(d) The name of the surveyor, surveyor’s registration number, surveyor’s seal, and the date of survey;
(e) The scale according to which the
is drawn in feet per inch or scale ratio in words or figures and bar graph;
(f) All of the additional information required by G.S. § 47-30 and § 152.352; and
(g) All of the applicable certificates required in § 152.383.
(4) Required
. No shall be approved until all required have been installed and approved or appropriate surety has been provided as set forth in § 152.384.
(5) The Town Manager or his/her designee shall forward the staff’s findings and recommendations to the applicant within 30 days of applicants
submittal. Until all
deficiencies are corrected, the Town Manager or his/her designee will not consider
approval.
(a) If approval is granted, a signed written certification to this effect shall be entered on the face of the
in accordance with the requirements of § 152.385.
(b) If the Town Manager or his/her designee fails to approve or disapprove the applicant
within 15 days of submittal, the applicant may request (through the Town Manager) that the
be forwarded to the
to review and determine approval or disapproval. In such cases, the
shall follow the same review and approval process as established in this section.
(6) to the
. If the is disapproved by the Town Manager or his/her designee, the applicant may the decision by requesting, through the Town Manager, that the be scheduled for review by the according to the same review and approval procedures set forth in division (H)(5) of this section.
(I) Recordation of
. Approval of a is contingent upon the being recorded in the Office of the Register of Deeds within 60 days after the approval date of the . Failure to record the approved within the specified 60-day period shall render the null and void.
(J)
and acceptance,
and
.
(1) The approval and recordation of a
does constitute an offer to dedicate but does not constitute
to and acceptance for maintenance responsibility by the town or the public of any public road,
, or utility or
shown on such
.
within such
or
, such as utility lines, road paving, drainage facilities, or sidewalks may, however, be accepted for maintenance by the North Carolina Department of Transportation or by the private utility provider upon compliance with applicable NCDOT and private utility provider guidelines and standards.
(2)
.
(a) Land designed as public
on a
shall be considered to be offered for
until such offer is officially accepted by the town. The offer may be accepted by the town through:
1. Express action by the
of the Town of Swansboro;
2. Express action by an administrative officer designated by the
of the Town of Swansboro; or
3. Conveyance of fee simple marketable title (unencumbered financially and environmentally) of the property to the town at the time of
recordation.
(b) Until such
has been accepted, land so offered may be used for
purposes by the
or by the
. Land so offered shall not be used for any purpose inconsistent with the proposed public use.
(3) Maintenance. The shall be responsible for the maintenance of all facilities and until an offer of is accepted.
(K) Penalties for transferring lots in unapproved subdivisions.
(1) Any person who, being the owner or agent of the owner of any land located within the
of the town, thereafter subdivides his land in violation of the regulation 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 such regulation and recorded in the office of the Onslow County Register of Deeds, shall be guilty of a Class 1 misdemeanor.
(2) The town may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the subdivision regulation.
(3) Building permits required pursuant to G.S. § 160D-1110 may be denied for lots that have been illegally subdivided.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2006-11, passed 8-14-2006; Am. Ord. 2008-O28, passed 10-21-2008; Am. Ord. 2008-33, passed 11-18-2008; Am. Ord. 2020-O2, passed 4-27-2020; Am. Ord. 2021-O3, passed 5-24-2021)