A. Purpose and Intent. The purpose for this preliminary plan procedure is to establish a fair, consistent, and predictable procedure for the review of requests to divide land into a series of lots for development or sale in ways that promote the health, safety, and welfare of the citizens of the Town of Zebulon. The intent of these standards is to ensure:
1. Orderly growth and development;
2. Coordination of transportation and utility networks;
3. Preservation of open space for purposes of recreation or natural resource protection;
4. Protection from flooding, damaging sedimentation, and decreased surface water quality; and
5. Distribution of population in ways that supports infrastructure investment and diminishes the impact of traffic and overcrowding.
B. Applicability. Divisions of land that do not qualify as an exempt subdivision (see Section 2.2.9. Exempt Subdivision), or an expedited subdivision (see Section 2.2.10, Expedited Subdivision), shall be reviewed and decided as a preliminary plat in accordance with these standards.
C. Preliminary Plan Review Procedure. The preliminary plan procedure is described in Figure 2.2.17, Preliminary Plan Review Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
D. Application. The application shall include a transportation impact analysis for review, when required by Section 6.13, Transportation Impact Analysis.
E. Review and Decision by the Technical Review Committee. The Technical Review Committee shall review and decide with Section 2.2.17.F, Preliminary Plan Review Standards.
F. Preliminary Plan Review Standards.
1. An application for a preliminary plan shall be approved, provided:
a. The preliminary plan is prepared and sealed by a licensed professional land surveyor, registered professional landscape architect, or licensed professional engineer;
b. The preliminary plan complies with the applicable standards in Section 47-30 of the North Carolina General Statutes;
c. The preliminary plan includes all applicable certifications identified in the Procedures Manual;
d. All lots have been certified by Wake County Environmental Resources as capable of accommodating the wastewater generated from the proposed use, in cases when the lot(s) is not served by a centralized wastewater system;
e. The preliminary plan is in substantial conformance with all applicable requirements in Article 3: Districts;
f. The preliminary plan complies with all standards and conditions of any applicable permits and development approvals;
g. The name of the subdivision shall not duplicate or be similar to the name of an existing subdivision in Wake County or the town; and
h. The preliminary plan complies with all other applicable requirements in this Ordinance and the County Code of Ordinances.
2. Preliminary plan containing parcels of land located within a special flood hazard area shall comply with the standards in Section 3.8.2, Flood Hazard Overlay (FHO) District, and any recorded plats shall include the following statement:
"Use of land within a floodplain or flood hazard overlay is substantially restricted by the Town of Zebulon."
G. Effect.
1. Approval of a preliminary plan authorizes the submittal of construction drawings, and/or a final plat. Construction drawings shall be required in cases where public infrastructure (e.g., streets, water lines, sanitary sewer, etc.) is being extended to serve lots in the development.
2. Approval of a preliminary plan shall not constitute the approval for recording a subdivision with the Wake County Register of Deeds, or approval for the conveyance of lots.
H. Amendment. Amendment of a preliminary plan approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
I. Expiration. An approved preliminary plan shall be valid for two years from the date of approval.
2. Extension.
a. An applicant may request an extension of a preliminary plan approval in writing to the Planning Director at least 30 days prior to expiration.
b. Extension requests shall be reviewed and decided by the Technical Review Committee.
c. A preliminary plan may be extended once for a maximum duration of one year.
I. Appeal. Appeal of a decision on a preliminary plan shall be reviewed and decided by the BOA in the nature of certiorari and in accordance with Section 2.2.3, Appeal.
(Ord. 2024-10, passed 9-11-2023)