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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)
(A) The subdivider shall submit seven copies of the preliminary plat and any supplementary material to the Planning Board at least seven days prior to the regularly scheduled Planning Board meeting at which said plat is to be considered by the Planning Board.
(B) The preliminary plat shall be checked against the design standards and plat requirements of these regulations by the Village Planning Board. The Planning Board will provide the following an opportunity to review and make recommendations concerning the proposed subdivision plat before approval is given:
(1) The Village Council.
(2) The Wayne Soil and Water Conservation District shall indicate soil conditions with respect to drainage, erosion hazards, and other pertinent points, and shall indicate the areas subject to flooding by the four-year flood frequency on any lot.
(3) Such other agencies and officials as the Planning Board may deem necessary or desirable.
(C) The Planning Board shall discuss with the subdivider, changes deemed advisable, if any, and the kind and extent of improvements to be made by him.
Click here to view preliminary plat.
(D) The procedure for obtaining preliminary plat approval is as follows:
(1) The submission of the preliminary plat shall be accompanied by a fee as listed in the village’s current adopted fee schedule.
(2) After checking for compliance with the design standards and plat requirements in these regulations, the Planning Board shall recommend that the Village Council approve, approve conditionally, or disapprove the preliminary plat. If approved, the preliminary plat and the Planning Board's recommendations shall be sent to the Village Council of the Village of Walnut Creek for its action. If approved conditionally, the conditions and reasons for such action shall be stated and such conditions shall be remedied before being submitted to the Village Council for its action. Approval of the preliminary plat by the Village Council authorizes the subdivider to proceed with the construction of the required improvements in preparation for the final plat.
(3) Should the Planning Board fail to act on the proposed subdivision within 90 days after submission on the preliminary plat, the subdivider may seek preliminary approval at the next regularly scheduled meeting of the Village Council.
(4) If the Planning Board disapproves the preliminary plat, the reasons for such action shall be stated in writing and reference shall be made to the specific section of the subdivision ordinance with which the preliminary plat does not comply. Appeals from this decision may be made directly to the Village Council.
(E) When a subdivision is to be developed in stages, the preliminary plat shall be submitted for the entire development. A final plat may be submitted for each stage. The first final plat shall be submitted within 12 months after approval of the preliminary plat; otherwise the preliminary plat shall become null and void, unless an extension of time is applied for and granted by the Planning Board.
(Ord., passed 6-2-77; Am. Ord., passed 11-20-85; Am. Ord., passed 9-27-95; Am. Ord., passed 6-23-21)
After the improvements shown on the approved preliminary plat have been installed, or guaranteed, for the whole or portion of a subdivision, the applicant shall submit a final plat of the area covered by such improvements. The final plat shall be prepared by a registered surveyor or professional engineer licensed to practice in North Carolina and shall conform to the provisions of G.S. § 47-30.1. It should be noted that detailed plans for water and waste water systems must be prepared by a registered engineer licensed to practice in North Carolina.
(A) No less than seven days prior to the next regularly scheduled meeting of the Planning Board, the subdivider shall submit to the Planning Board seven paper print copies and one final plat suitable for reproduction. Within 45 days of submission, the final plat shall be reviewed by the Planning Board for compliance with the approved preliminary plat. The Planning Board may appoint an engineer or surveyor to check the final plat against the subdivision's actual layout for correctness, charging the costs to the subdivider if the plat is found to be in error.
(B) (1) If the Planning Board disapproves the final plat, the reasons for such action shall be stated in writing and references shall be made to the specific section of the chapter with which the plat does not complete. Appeals from this decision may be made directly to the Village Council.
(2) If the Planning Board fails to act on the final plat within 90 days after its submission, the subdivider may seek final approval of the plat at the next regularly scheduled meeting of the Village Council.
(3) Upon approval of the final plat, the Planning Board shall submit, with recommendations, such plat to the Village Council. The Village Council shall approve or disapprove the final plat within 90 days after submission by the Planning Board.
(4) Approval of the final plat is authorization for the plat to be filed with the Register of Deeds.
(5) This approval shall be noted on four copies of the final plat. One copy shall be returned to the subdivider, one copy shall be transmitted to the Wayne County Register of Deeds for recording at the expense of the subdivider, one copy shall be transmitted to the Council Health Department, Sanitation Division, and one copy shall be retained for the permanent files of the Planning Board.
(C) If the final plat is not in compliance with these regulations or the Village Council does not accept the changes from the approved preliminary plat, the subdivider shall be given 60 days to submit a revised final plat. If a revised final plat is not submitted within 60 days, the reasons for disapproval and recommendations on the basis of which the proposed subdivision would be approved shall be noted on two copies of the final plat. One copy shall be returned to the subdivider and one copy shall be retained by the Village Council.
(D) Where the required improvements have not been completed prior to the submission of the final plat, the Village Council may accept from the subdivider a bond with surety or other guarantees satisfactory to the Village Council in an amount equal to the estimated cost of the installation of the required improvements, whereby improvements may be made and utilities installed without cost to the village in the event of default by the subdivider. One of the methods described in § 93.66 may be used by the subdivider to guarantee the installation of the improvements.
(E) Where applicable, no water and/or sewer lines shall be extended, no street shall be recommended for acceptance for maintenance by the North Carolina Department of Transportation, or the village nor shall any permit, if required, be issued by any administrative agent or by the village for the construction of any building or other improvement requiring a permit, upon any land requiring final plat approval, unless and until the requirements set forth in this chapter have been compiled with and same approved by the Village Council.
(F) The approval of a final plat pursuant to regulations adopted under this subchapter shall not be deemed to constitute or effect the acceptance by the village or the public of the dedication of any street or other ground, public utility line, or other public facility shown on the plat.
(Ord., passed 6-2-77; Am. Ord., passed 11-20-85)
For any replatting or resubdividing of land, the same procedure, rules and regulations shall apply as prescribed herein for an original subdivision except that lot sizes may be varied on an approved plat after recording, provided that: no lot or tract of land shall be created or sold that is smaller than the size shown on the approved plat; drainage easements or rights-of-way shall not be changed; street alignment and block sizes shall not be changed; the property lines between the back of the lot shall not be changed; the rear portion of lots shall not be subdivided from the front part; and the character of the area shall be maintained.
(Ord., passed 6-2-77)
PLAT REQUIREMENTS
The sketch design plan should be drawn at a scale of approximately one inch to 200 feet and should show:
(A) Street rights-of-way
(B) Other rights-of-way and easements
(C) Lot lines, water courses, building, etc.
(D) Sites, if any, for schools, churches, parks, etc.
(E) Site data:
(1) Acreage in tract.
(2) Approximate acreage in parks or other land usage.
(3) Number of lots proposed.
(F) Sketch vicinity map showing relationship between subdivision and surrounding area.
(Ord., passed 6-2-77)
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