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The purpose of this chapter is to regulate and guide the subdivision of land in order to promote the public health, safety, and general welfare of the village. This chapter is designed to accomplish the following specific objectives:
(A) Lessen congestion in the streets and highways;
(B) Further the orderly layout and use of land;
(C) Insure proper legal description and proper monumenting of subdivided land;
(D) Secure safety from fire, panic, and other dangers;
(E) Provide adequate light and air;
(F) Prevent the overcrowding of land and avoid undue concentration of population;
(G) Facilitate adequate provision for transportation, water, sewerage and other public requirements.
(Ord., passed 6-2-77)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"BUILDING." Any structure used or intended for supporting or sheltering any use or occupancy.
"BUILDING SETBACK LINE." The line on the front, rear, and sides of a lot which delineates the area within which a structure may be built and maintained, according to the district regulations.
"CORNER LOT." A lot abutting upon two or more streets at their intersection.
"DOUBLE FRONTAGE LOTS." A continuous (through) lot of the same depth as the width of a block and which is accessible from both of the streets upon which it fronts.
"DWELLING UNIT." A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
"EASEMENT." A grant by the property owner for use by the public, a corporation, or persons of a strip of land for specified purposes.
"EASEMENT." A grant by the property owner for use by the public, a corporation, or persons of a strip of land for specified purposes.
"LOT." A parcel of land under single ownership occupied or capable of being occupied by a principal building together with its accessory buildings, including the open space required under the terms of this chapter.
"OFFICIAL MAPS" or "PLANS." Any maps or plans officially adopted by the Village Council as a guide for the development of the county consisting of maps, charts, and/or texts.
"PLANNED UNIT DEVELOPMENT." The planned residential development of mixed structures such as apartments, townhouses, rowhouses, and cluster subdivisions, usually incorporating privately owned, open common areas.
"PUBLIC SEWER SYSTEM." Any sewage disposal system, whether operated publicly or privately other than a pit privy or septic tank located on the lot.
"PUBLIC WATER SUPPLY." Any water supply furnishing potable water to ten or more residences or businesses or combination of residences or businesses. Approval by the Division of Health Services, Department of Human Resources is required.
"PRIVATE SEWER SYSTEM" or "WATER SUPPLY." Any such system that is owned by an individual, group of individuals, partnership or corporation that is not owned by the municipality.
"REVERSE FRONTAGE LOT." A continuous lot of the same depth as the width of a block, accessible from only the minor of the two streets upon which it fronts.
"SHALL." The word "shall" is always mandatory and not merely directory.
"SPOIL." Earth, rock, or other materials excavated or dredged from a drainage course.
"STREET." A dedicated and accepted public right-of-way which affords the principal means of access to abutting properties for vehicular traffic.
(1) Major thoroughfares - Streets and highways that are intended primarily for through, fast or heavy traffic.
(2) Minor thoroughfares - Streets which are intended to carry traffic from local streets to the system of major thoroughfares.
(3) Local streets - Streets which are intended primarily for access to the abutting properties.
(4) Frontage roads - Local streets which are parallel to and adjacent to major thoroughfares and highways; and which provide access to abutting properties and protection from through traffic.
(5) Cul-de-sac - A street with one end open to traffic, and the other end of which is permanently terminated by a vehicular turnaround.
"SUBDIVIDER." Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.
"SUBDIVISION." All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purposes, whether immediate or future, of sale, or building development, and this shall include all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition and is not subject to the regulations prescribed by this chapter.
(1) The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the village as shown by the regulations prescribed by this chapter;
(2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of streets; and
(4) The division of a tract in single ownership whose entire area is no greater than two acres into not 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 the village, as shown by the subdivision regulations contained in this chapter.
(5) 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. Chapter 29.
(6) The village may only require a plat for recordation for the division of a tract or parcel of land in single ownership if all of the following criteria are met:
(a) The tract or parcel to be divided is not exempted under division (2) of this definition.
(b) No part of the tract or parcel to be divided has been divided under this division in the ten years prior to 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 all of the following:
1. All lot dimension size requirements of the applicable land-use regulations, 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.
(Ord., passed 6-2-77; Am. Ord., passed 6-23-21)
PROCEDURES FOR SECURING APPROVAL OF SUBDIVISION
No subdivision of land shall occur and no plat of a subdivision within the subdivision jurisdiction of the village shall be accepted for record by the Wayne County Register of Deeds until final plat approval has been given by the Village Council. No street shall be accepted and maintained by the village nor shall any street lighting or utility be extended to or connected with any subdivision of land nor shall any permit be issued by an administrative agent of the village for the construction of any building or any other improvement requiring a permit upon any subdivision of land until final plat approval has been given by the Village Council.
(Ord., passed 6-2-77; Am. Ord., passed 11-20-85)
If the land to be subdivided contains five or more acres, the subdivider shall submit a sketch plan prior to submitting a preliminary plat. Smaller subdivisions may be submitted in sketch plan form if the developer wishes. Sketch plans shall conform to the following requirements:
(A) Number of copies and graphic media. A minimum of two copies of a sketch design plan shall be submitted. No specific graphic media may be employed.
(B) Size of plan and scale. No specific size requirements apply to sketch design plans; it is suggested that the requirements applicable to preliminary and final plats be utilized.
(C) Administrative fees. No administrative fees are charged in connection with the submission of sketch design plans.
(D) Certification required. No certificates must be provided in connection with the submission of sketch design plans.
(E) Contents required. The sketch design plan shall depict or contain the following information:
(1) A sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads and waterways;
(2) The boundaries of the tract and the portion of the tract to be subdivided;
(3) The total acreage to be subdivided;
(4) The existing and proposed uses of the land within the subdivision and adjoining it;
(5) The proposed street and lot layout;
(6) The name, address, and telephone number of the owner;
(7) Streets and lots of adjacent developed or platted properties;
(8) The zoning classification(s) of the tract and of adjacent properties, if applicable.
(9) A letter from the Wayne County Health Department stating that a sanitarian is in general agreement with the sketch design plan.
(F) Review procedure. The Planning Board shall review the sketch design plan for general compliance with the requirements of this chapter and the zoning ordinance, if applicable; the Planning Board shall advise the subdivider or his authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submission of the preliminary and final plats. This review shall in no way be construed as constituting an official action of approval for recording of the subdivision by the Planning Board as required by this chapter.
(G) Disposition of copies. One copy shall be retained as a part of the minutes of the Planning Board with the other copy being returned to the subdivider or his authorized agent.
(Ord., passed 6-2-77)
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