Brevard City Zoning Code

CHAPTER 4

LOT AND SUBDIVISION REQUIREMENTS

4.1. Authority and purpose.

In accordance with NCGS Section 160D-801 and 160D-804, the purpose of this Chapter is to establish procedures and standards for the subdivision of land within the planning jurisdiction of the City of Brevard, and to provide for orderly growth in a manner that facilitates the adequate provision of streets, water, sewage disposal, and other considerations essential to public health, safety, and the general welfare.

In accordance with NCGS Section 160D-803, plats shall be prepared, approved, and recorded pursuant to the provisions of this ordinance whenever any subdivision of land takes place.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 1/1/1901

4.3. Exempt subdivisions.

Applicability: In accordance with NCGS Section 160D-802, the following activities are considered exempt subdivisions. Such plat is not exempt from any zoning requirements and other applicable local, state, and federal ordinances.

1.
Combination, Recombination or Adjustment
1. a.
  The combination, recombination, or adjustment of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the lot standards of the local government as shown in its subdivision regulations.
2.
Divisions Greater than 10 Acres
1. a.
  The division of land into parcels greater than 10 acres where no street right-of-way dedication is involved.
3.
Public Dedication
1. a.
  The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors.
2. b.
  Dedication of public improvements shall be subject to the acceptance process in Section 4.9.
4.
Two into Three Lots
1. a.
  The division of a tract in single ownership whose entire area is no greater than 2 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 lot standards of the local government as shown in its subdivision regulations.
5.
Court-Ordered Survey
1. a.
  The division of land into parcels in accordance with the terms of a probated will, a court-order or with intestate succession under NCGS Chapter 29.
2. b.
  Unless the lots in the estate exclusion meet the standards of this ordinance, a development permit shall not be issued.
3. c.
  No further subdivision of the inherited property will be allowed unless or until the owners all comply with all subdivision requirements applicable to the property but for this ordinance.
6.
Easement Establishment
1. a.
  Access and utility easements may be platted and recorded as exemptions from these subdivision regulations.
7.
Easement / Right-of-way Abandonment
1. a.
  Abandonment of access and utility easements may be platted and recorded as exemptions from these subdivision regulations.
8.
Annexation
1. a.
  Annexation of a previously recorded lot may be platted and recorded as exemptions from these subdivision regulations.

Submittal requirements: The exempt subdivision application shall be submitted in conformance with:

1.
All applicable zoning requirements, including but not limited to the minimum dimensional standards and setback requirements, and other lot requirements in Section 4.2.
2.
Demonstrated compliance with the standards in NCGS Section 47-30; and
3.
All applicable plat requirements, certifications and statements in Section 4.6 and Section 4.7.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.4. Minor subdivisions.

Applicability: Minor subdivision means a subdivision that:

1.
Creates a maximum of 8 lots, including the residual or parent lot;
2.
Does not involve the creation, expansion, or dedication of any public infrastructure;
3.
Is not otherwise exempt under Section 4.3.

Review process: The approval process for a minor subdivision shall consist of the following steps:

1.
Initial consultation and/or pre-application meeting with administrator;
2.
Plat submittal;
3.
Administrator review and decision;
4.
Record approved plat with Transylvania County Register of Deeds.

Submittal requirements: The minor subdivision application shall be submitted in conformance with:

1.
All applicable subdivision requirements;
2.
All applicable zoning requirements, including but not limited to the minimum dimensional standards and setback requirements, and other lot requirements in Section 4.2.
3.
Demonstrated compliance with the standards in NCGS Section 47-30; and
4.
All applicable plat requirements, certifications and statements in Section 4.6 and Section 4.7.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.5. Major subdivisions.

Applicability:

1.
Major subdivision means a subdivision that:
1. a.
  Creates more than 8 lots, including the residual or parent lot;
2. b.
  Involves the creation, expansion, or dedication of any public infrastructure; or
3. c.
  Is not otherwise exempt under Section 4.3.
2.
Subdivisions that create interior lots for the purpose of development and are not otherwise exempt shall also be subject to the review process and requirements of this section.

Review process: The approval process for a major subdivision shall consist of the following steps:

1.
Initial consultation and/or pre-application meeting with administrator;
2.
Sketch Plan review by Administrator and Technical Review Committee;
3.
Preliminary plat submitted;
4.
Administrator review and action;
5.
Required improvements (installed or guaranteed);
6.
Final plat submittal;
7.
Administrator review and decision;
8.
Record approved plat with Transylvania County Register of Deeds.

Sketch plan requirements:

1.
Before submitting an application for preliminary plan approval, the applicant must submit a sketch plan of the proposed subdivision. The submission shall include one digital copy and one printed copy.
2.
The sketch plan of a major subdivision shall be submitted in conformance with:
1. a.
  All applicable subdivision requirements;
2. b.
  All applicable zoning requirements, including but not limited to the minimum dimensional standards and setback requirements, and other lot requirements in Section 4.2; and
3. c.
  Compliance with the specifications in Section 17.4.
3.
Following a review of the sketch plan and other materials by the planning staff and Technical Review Committee, the administrator must advise the applicant of the results of the sketch plan review.

Preliminary plat requirements:

1.
A preliminary plat application may not be submitted until after the Technical Review Committee has provided the applicant with its comments and recommendations based on the sketch plan review.
2.
The developer shall initiate the preliminary plat approval process by submitting the preliminary plat and, if applicable, construction documents for the required improvements, illustrating their layouts and connections to existing systems.
3.
The preliminary plat for a major subdivision shall be submitted in conformance with:
1. a.
  Comments received by the planning staff and Technical Review Committee, if applicable;
2. b.
  All applicable subdivision requirements;
3. c.
  All applicable zoning requirements, including but not limited to the minimum dimensional standards and setback requirements, and other lot requirements in Section 4.2.
4. d.
  Demonstrated compliance with the standards in NCGS Section 47-30; and
5. e.
  All applicable plat requirements, certifications and statements in Section 4.6 and Section 4.7.
4.
The plat shall clearly state that this is a preliminary plat and not for recording.
5.
Approval duration: Approved preliminary plats are valid for one year from the date of approval by the City of Brevard. Upon expiration of approval prior to final plat approval and recordation, a new application for subdivision will be required in accordance with the process before development can recommence.
1. a.
  The administrator may approve reasonable and necessary extensions if a written request by the developer is made to the administrator 45 days prior to the one-year anniversary of preliminary plat approval.
6.
Multiple phases not approved: Approval of a preliminary plat constituting an individual phase of a multi-phase project, which has not been entirely approved, does not constitute approval by the city of any remaining phases.
1. a.
  For approved preliminary plats consisting of multiple phases, only the phase that is to be developed immediately shall be submitted for final plat approval. This prohibition shall not apply to multiphase developments as defined in CHAPTER 19. The requirements for the establishment of vested rights for multiphase developments are outlined in Section 16.9.G of this ordinance

Improvement requirements:

1.
Notice to proceed with construction activity: Only after receiving preliminary plat approval for a major subdivision and other written approval and necessary permits from the appropriate regulating agencies, shall the developer begin grading, soil erosion, and infrastructure construction for the development.
2.
Infrastructure required within one year: All required infrastructure improvements for the preliminary plat shall be in place within one year of issuance of a land development permit unless the improvement has been guaranteed in accordance with this ordinance.
1. a.
  If circumstances beyond the control of the developer do not allow for the commencement of the required work within the one-year period or the size of the phase is such that one year is insufficient time to commence all required work, then the developer may file a written request for an extension with the administrator no later than 45 days prior to the one year anniversary of land development permit approval by the city as provided above.
2. b.
  If infrastructure work is not commenced within one year and/or no extension request is filed with the administrator and approved, land development permit approval becomes null and void on the day of the one year anniversary and a new application will be required.

Final plat requirements:

1.
The final plat shall constitute all portions of the preliminary plat site, which the subdivider proposes to record, and develop at the time.
2.
The developer shall initiate the final subdivision plat approval process by submitting the final plat and:
1. a.
  Copies of any required surety or performance guarantees to the administrator or other departments as required, and/or
2. b.
  As built drawings and plans of all required infrastructure, including water, sewer, and storm drainage system facilities, illustrating their layouts and connections to existing systems.
  1. 1.
    Such plans shall show all easements and rights-of-way, to demonstrate that the facilities are properly placed and the locations of all fire hydrants, blow-off valves, manholes, pumps, force mains, and gate valves are indicated.
  2. 2.
    This information shall not be placed on the final plat but must be submitted at the time of request for final plat approval or release of any surety for required improvements, whichever comes later.
3.
The final plat for a major subdivision shall be submitted in conformance with:
1. a.
  The approved preliminary plat;
2. b.
  Demonstrated compliance with the standards in NCGS Section 47-30; and
3. c.
  All applicable plat requirements, certifications and statements in Section 4.6 and Section 4.7.
4.
Upon receipt of the complete final plat review application, the administrator will have 60 calendar days to approve or deny the final plat, in accordance with this chapter.
1. a.
  If substantial errors are found, including inconsistencies with the approved preliminary plat, the plat shall not be approved and the review period suspended until the applicant has corrected such errors. A list of the needed corrections shall be provided to the applicant. Any conditions placed by the city on the approval of the final plat shall be addressed by the developer within 45 days. Failure of the developer to meet the 45-day response period shall cause the conditional approval of the city to be null and void. Once complete, the final plat shall be approved or denied by the administrator within 30 calendar days of the date of final completed submission.
5.
After recordation, the developer shall provide a digital copy (of a format to be approved by the administrator) of the registered plat to the city for distribution to the various state and local government agencies and public utilities and for file in the planning department.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.6. Plat requirements.

All plats presented to the City for review before recording at the Transylvania County Register of Deeds shall be:

1.
Prepared by a registered land surveyor, licensed to practice in the State of North Carolina;
2.
Drawn to a scale no less than one inch = 150 feet; and
3.
Meet the requirements of NCGS §47-30 and the Transylvania County Register of Deeds Office.

The plat shall contain the following:

1.
A title block that includes the following:
1. a.
  Property designation or name of subdivision
2. b.
  The type of plat (minor subdivision plat, preliminary major subdivision, etc.)
3. c.
  Name of the property owner
4. d.
  Township, County, and State
5. e.
  Scale denoted in words and bar graph
6. f.
  The name and address of surveyor preparing the plat, including the firm name and license number
7. g.
  Date the survey was prepared and any revision dates
2.
An accurately positioned north arrow coordinated with any bearings shown on the plat.
3.
The exact boundary of the tract of land being subdivided showing clearly the disposition of all portions of the tract.
4.
Sufficient data to determine readily and reproduce accurately on the ground the location, bearing, and length of every property line, street, existing building or structure, easement, and/or other boundary lines. All dimensions shall be measured to the nearest one-hundredth of a foot and all angles to the nearest second.
5.
The accurate locations and descriptions of all corners, monuments, markers, and control points.
6.
A vicinity map showing the location of the property with respect to adjacent streets and properties.
7.
Where applicable, the location of all protected areas or required open space (surface water protection areas, floodways and non-encroachment areas, etc.), the special flood hazard area, and areas dedicated to public purpose with notes stating their purposes.
8.
The parcel identification number of the lot(s) to be subdivided and of adjacent properties;
9.
The zoning classification of the lot(s) to be subdivided and of adjacent properties, if applicable;
10.
All applicable certifications and statements, as identified in Section 4.7.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24 )

Effective on: 6/3/2024

4.7. Certifications and statements.

Certifications and statements matrix: The following table identifies the certifications and statements required on plats to be filed under this ordinance. The following matrix sets forth the manner by which certain uses may be permitted within the various districts set forth above.

1.
"R" denotes that the certification or statement is required.
2.
"A" denotes that the certification or statement is required if applicable.
3.
"—" denotes that the certification or statement is not required.

TABLE 4.7-A: CERTIFICATIONS AND STATEMENTS MATRIX
Certification / Statement	Exempt Plat	Minor Plat	Major Preliminary Plat	Major Final Plat
Certificate of Survey Accuracy	R	R	—	R
Certificate of Purpose of Plat	R	R	—	R
Review Officer Certification—Transylvania County	R	R	—	R
Certificate of Ownership	R	R	—	—
Certificate of Ownership and Dedication	—	—	R	R
Certificate of Exemption and Zoning Approval	R	—	—	—
Certificate of Minor Subdivision Plat Approval	—	R	—	—
Certificate of Major Subdivision Preliminary Plat Approval	—	—	R	—
Certificate of Major Subdivision Final Plat Approval	—	—	—	R
Flood Hazard Disclosure	A	A	A	A
Certificate of Approval of the Design and Installation of Streets, Utilities, and Other Required Improvements	—	—	—	R
Acceptance of Public Infrastructure	A	—	—	A
Certificate of Warranty	—	—	—	A
Certificate of Approval of Water Supply and Sewage Disposal Systems	—	—	—	A
NCDOT Division of Highways District Engineer	—	—	—	A
Disclosure of Private Roads	—	—	—	A
Disclosure of Court-Ordered Subdivision	A	—	—	—

TABLE 4.7-A: CERTIFICATIONS AND STATEMENTS MATRIX
Certification / Statement	Exempt Plat	Minor Plat	Major Preliminary Plat	Major Final Plat
Certificate of Survey Accuracy	R	R	—	R
Certificate of Purpose of Plat	R	R	—	R
Review Officer Certification—Transylvania County	R	R	—	R
Certificate of Ownership	R	R	—	—
Certificate of Ownership and Dedication	—	—	R	R
Certificate of Exemption and Zoning Approval	R	—	—	—
Certificate of Minor Subdivision Plat Approval	—	R	—	—
Certificate of Major Subdivision Preliminary Plat Approval	—	—	R	—
Certificate of Major Subdivision Final Plat Approval	—	—	—	R
Flood Hazard Disclosure	A	A	A	A
Certificate of Approval of the Design and Installation of Streets, Utilities, and Other Required Improvements	—	—	—	R
Acceptance of Public Infrastructure	A	—	—	A
Certificate of Warranty	—	—	—	A
Certificate of Approval of Water Supply and Sewage Disposal Systems	—	—	—	A
NCDOT Division of Highways District Engineer	—	—	—	A
Disclosure of Private Roads	—	—	—	A
Disclosure of Court-Ordered Subdivision	A	—	—	—

B.
Certification statements:
1. 1.
  Certificate of Survey Accuracy:

I, __________________________, certify that this plat was drawn under my supervision from an actual survey made under my supervision(deed description recorded in Book _______, page _____, etc.) (other); that the boundaries not surveyed are clearly indicated as drawn from information found in Book _____, page _____; that the ratio of precision or positional accuracy as calculated is _____; that this plat was prepared in accordance with NCGS 47-30 as amended. Witness my original signature, license number and seal this ____ day of _______, A.D., _____.

Seal or Stamp of Surveyor _____________________

Professional Land Surveyor

______________________

License Number

1. 2.
  Certificate of Purpose of Plat: The final plat shall contain one of the following statements, signed and sealed by the plat preparer:
  1. a.
    This survey creates a subdivision of land within the jurisdictional area of the City of Brevard, Transylvania County, North Carolina and that the City has an Ordinance that regulates parcels of land.
  2. b.
    This survey is located in a portion of a County or Municipality that is unregulated as to an Ordinance that regulates parcels of land.
  3. c.
    Any one of the following:
    i.
    This survey is a proposed easement for a public utility as defined in G.S. 62-3.
    ii.
    This survey is a control survey. For the purposes of this section, a “control survey” is a survey that provides horizontal or vertical position data for support or control of other surveys or for mapping. A control survey, by itself, cannot be used to define or convey rights or ownership.
    iii.
    This survey is of an existing feature, such as a building or other structure, or natural feature, such as a watercourse.
    iv.
    This survey is of an existing parcel or parcels of land or one or more existing easements and does not create a new street or change an existing street. For the purpose of this section, an “existing parcel” or “existing easement” is an area of land described in a single, legal description or legally recorded subdivision that has been or may be legally conveyed to a new owner by deed in its existing configuration.
  4. d.
    This survey is of another category, such as the recombination of existing parcels, a court-ordered survey, or other exemption or exception to the definition of subdivision.
  5. e.
    The information available to the surveyor is such that the surveyor is unable to make a determination to the best of the surveyor’s professional ability as to provisions contained in (i) through (iv) above.

Seal or Stamp of Surveyor ______________________

Professional Land Surveyor

______________________

Date

1. 3.
  Review Officer Certification – Transylvania County

I, ______________________________________________, Review Officer of Transylvania County, North Carolina, certify that the map or plat which this certification is affixed meets all statutory requirements for recording.

__________________________________ _________________

Review Officer Date

1. 4.
  Certificate of Ownership

I hereby certify that I am the owner of the property shown and described hereon, which is located within the subdivision jurisdiction of the City of Brevard, North Carolina, and that I hereby freely adopt this plan.____________________________ _________________

Owner(s) Date

1. 5.
  Certificate of Ownership and Dedication

I hereby certify that I am the owner of the property shown and described, which is located in the subdivision jurisdiction of the City of Brevard and that I hereby adopt this plan of subdivision with my free consent. Furthermore, I hereby dedicate all required improvements, streets, alleys, walks, parks, open spaces, and other sites and easements, to public or private uses as noted. Furthermore, I hereby dedicate all sanitary sewer, storm sewer, and water lines that are located in public utility easements or rights-of-way to the City of Brevard.

__________________________________ _________________

Owner(s) Date

1. 6.
  Certificate of Exemption and Zoning Approval

I hereby certify that the subdivision plat shown is exempt from the subdivision provisions of the Brevard Unified Development Ordinance. The plat has been found to comply with the zoning regulations of the Brevard Unified Development Ordinance, and has been approved by the City of Brevard for recording in the Office of the Register of Deeds of Transylvania County, provided that this plat is recorded within thirty (30) days of the date of my signature below.

__________________________________ _________________

Review Officer Date

1. 7.
  Certificate of Minor Subdivision Plat Approval

I hereby certify that the subdivision shown on this plat does not involve the creation of new public infrastructure or any change in existing public streets or change in existing utilities, that the subdivision shown is in all respects in compliance with the subdivision provisions of the Brevard Unified Development Ordinance. The plat has been found to comply with the zoning regulations of the Brevard Unified Development Ordinance, and has been approved by the City of Brevard for recording in the Office of the Register of Deeds of Transylvania County, provided that this plat is recorded within thirty (30) days of the date of my signature below.

__________________________________ _________________

Review Officer Date

1. 8.
  Certificate of Major Subdivision Preliminary Plat Approval

I hereby certify that the subdivision shown is in compliance with the subdivision provisions of the Brevard Unified Development Ordinance for preliminary plats. The preliminary plat has been found to comply with the zoning regulations of the Brevard Unified Development Ordinance. Preliminary approval is valid for a period of 12 months from the below date or as established under the vested rights procedure, if applicable.

__________________________________ _________________

Review Officer Date

1. 9.
  Certificate of Major Subdivision Final Plat Approval

I hereby certify that the subdivision shown is in compliance with the subdivision provisions and zoning regulations of the Brevard Unified Development Ordinance, and has been approved by the City of Brevard for recording in the Office of the Register of Deeds of Transylvania County, provided that this plat is recorded within thirty (30) days of the date of my signature below.

__________________________________ _________________

Review Officer Date

1. 10.
  Flood Hazard Disclosure

Areas delineated upon this plat as a protection area or Special Flood Hazard Areas is subject to limitations upon development as set forth CHAPTER 34 of Brevard City Code, and any development, disturbance, or encroachment is prohibited except in accordance therewith.

1. 11.
  Certificate of Approval of the Design and Installation of Streets, Utilities, and Other Required Improvements

I hereby certify that all streets, utilities, and other required improvements have been installed in an acceptable manner and according to City of Brevard Specifications and Standards or that guarantees of the installation of the required improvements in an amount and manner satisfactory to the City of Brevard has been received.

__________________________________ _________________

Planning Director, City of Brevard Date

__________________________________ _________________

Public Works Director, City of Brevard Date

1. 12.
  Acceptance of Public Infrastructure

I hereby certify that the City of Brevard, North Carolina accepts the public infrastructure dedicated on this plat, in accordance with the dedication agreement dated ________________.

__________________________________ _________________

City Manager, City of Brevard Date

1. 13.
  Certificate of Warranty

I hereby certify that I know of no defects from any cause and will fully warrant all improvements which have been installed to be free from defects in material and workmanship for a period of three years from this date. Any improvements yet to be installed I shall fully warrant in the same manner for a period of three years from the date of the release of guarantees. If defects are discovered in any such improvement during the warranty period, I shall replace and/or repair the defective improvements at my own expense.

__________________________________ _________________

Subdivider Date

1. 14.
  Certificate of Approval of Water Supply and Sewage Disposal

I hereby certify that the water supply and sewage systems installed or proposed for installation in this subdivision meet necessary public health requirements and are hereby approved.

__________________________________ _________________

County Health Officer or Authorized Representative Date

1. 15.
  NCDOT Division of Highways District Engineer Certification

I hereby certify that the streets as depicted hereon are consistent with the requirements of the North Carolina Department of Transportation, Division of Highways.

__________________________________ _________________

District Engineer Date

1. 16.
  Disclosure of Private Roads

This disclosure is given in accordance with North Carolina General Statutes 136-102.6.

This statement is to advise that the roads serving this subdivision are designated as private roads, not public roads. All owners of property within the subdivision have easements with one another to travel over and across such roads. The responsibility for maintenance of such private roads falls solely upon the property owners within the subdivision. No representation is made that the private roads within this subdivision meet the minimum requirements necessary to allow such roads to be included in the state road system or that the City of Brevard or North Carolina Department of Transportation will eventually assume maintenance such roads. Moreover, if such private roads are not adequately constructed and maintained, emergency service providers and public service vehicles may be unable to provide adequate service to the residents of the subdivision.

__________________________________ _________________

Subdivider Date

1. 17.
  Disclosure of Court-Ordered Subdivision

This division of land into parcels is executed in accordance with the terms of a court-order, probated will or with intestate succession under NCGS Chapter 20. No further subdivision of the inherited property will be allowed unless or until the owners comply with all applicable subdivision requirements of City of Brevard Unified Development Ordinance. Additionally, no development permit may be issued if the parcels established herein do not adhere to the regulations of the City of Brevard Unified Development Ordinance.

C.
Nothing in this section shall prohibit the administrator from requiring additional certifications and/or adjustments to the verbiage of the certifications provided herein, so long as the intent of the section is upheld.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.8. Approval review procedure.

Planning department staff, also referred to as the administrator, and the approving authority shall have the discretion to refer any subdivision application to a body of greater authority for consideration and approval or denial consistent with this section.

The administrator may determine that additional review is required and request review and/or a recommendation by a board beyond the required process described herein.

Designation of approving authority:

TABLE 4.8-A: SUBDIVISION REVIEW, APPROVAL, AND APPEAL AUTHORITIES
Activity	Review / Recommendation	Approving Authority	Appeal Authority
Major Subdivisions	Technical Review Committee	Staff	Board of Adjustment
Minor Subdivisions	-	Staff	Board of Adjustment
Exempt Subdivisions	-	Staff	Board of Adjustment

TABLE 4.8-A: SUBDIVISION REVIEW, APPROVAL, AND APPEAL AUTHORITIES
Activity	Review / Recommendation	Approving Authority	Appeal Authority
Major Subdivisions	Technical Review Committee	Staff	Board of Adjustment
Minor Subdivisions	-	Staff	Board of Adjustment
Exempt Subdivisions	-	Staff	Board of Adjustment

D.
Quasi-judicial approval of subdivisions: In accordance with NCGS 160D-102, if the approval of the subdivision plat is deemed quasi-judicial in nature with generally-stated standards requiring a discretionary decision, the Board of Adjustment shall serve as the approving authority.
E.
Plats to be recorded: Approved plats must be filed by the applicant for recording with the Register of Deeds of Transylvania County within 30 days of the date of approval by the administrator; otherwise, such approval shall be null and void.
F.
Development permits required: Plat approval does not confer any approvals for individual site plans. All development activities require a permit in accordance with CHAPTER 16 and other relevant provisions of this ordinance.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.9. Public improvements dedication and acceptance.

All dedications shall be indicated on the face of the plat.

The approval of a plat shall not be deemed to constitute or affect an acceptance by the public for maintenance purposes of the dedication of any road, ground, or other improvements shown upon the plat.

The city manager, in consultation with the public works director and the planning director, shall have the authority to accept dedication of public improvements to the City of Brevard. Improvements shall only be considered on a determination that any required improvements have been properly installed and all applicable conditions met, as set out in this ordinance.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.10. Placement of monuments.

Unless otherwise specified by this ordinance, the Manual of Practice for Land Surveying, as adopted by the N.C. State Board of Registration for Professional Engineers and Land Surveyors under provisions of Chapter 89 of the General Statutes of North Carolina, shall apply when conducting surveys of subdivision; in order to determine the accuracy for surveys and placement of monuments, control corners, markers, and property corner ties; to determine the location, design, and material of monuments, markers, control corners, and property corner ties; and to determine other standards and procedures governing the practice of land surveying for subdivisions.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.11. Re-subdivision.

No portion of land that has been the subject of subdivision activity (major or minor) shall be the subject of additional subdivision activity for a period of two years from the most recent subdivision.

However, additional minor subdivision activity may be considered in accordance with the review procedure for major subdivisions in the following circumstances:

1.
It is proposed within a phase of a previously approved major subdivision; and
2.
It has been clearly reserved for future development on a properly approved and recorded major subdivision plat.

These provisions shall also apply to proposals for the creation of condominium lots.

These provisions shall not prevent the recombination of parcels recently the subject of a minor subdivision.

For any re-platting or re-subdivision of land, the same procedures, rules, and regulations shall apply as prescribed herein for an original subdivision.

The provisions of this section may be varied by the Board of Adjustment in accordance with quasi-judicial proceedings for variances.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

Editor's Note

Ordinance 2024-23, adopted June 3, 2024, repealed Chapter 4 - General Lot and Structure Provisions - in it's entirety and replaced it with Chapter 4 - Lot and Subdivision Requirements.

4.2.1. General provisions.

City of Brevard review: No final plat of any subdivision (major, minor, or exempt) within the planning jurisdiction of the City of Brevard shall be filed or recorded by the Transylvania County Register of Deeds until it has been prepared, submitted to, reviewed, and approved by the appropriate authority, in accordance with this Chapter, and such approval entered in writing on the plat.

Sale of lots prohibited: Lots shall not be offered for sale until final subdivision approval has been granted.

Conformity with ordinance required:

1.
All lots must comply with the standards of this section, except as expressly provided in this ordinance. This prohibition shall not be construed to prevent the purchase or condemnation of land for public utilities, substations, street right-of-way, pedestrian facilities, recreational facilities, stormwater management or similar public purposes.
2.
New subdivisions of land shall be designed to prevent the placement of a structure on any parcel boundary or within any street right-of-way. This provision shall not prohibit zero lot line structures with common walls situated on one or more lot lines.

Variances to lot and subdivision regulations:

1.
Unless explicit authority is granted herein, subdivision regulations shall not be varied by the Board of Adjustment nor shall the administrator grant any exceptions.
2.
When authority is granted, variances of lot and subdivision regulations shall proceed in accordance with Section 16.8 of this ordinance and all applicable North Carolina General Statutes regarding quasi-judicial proceedings for variances.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.2.2. Minimum lot size.

There is no minimum lot size for any newly established lots within the City of Brevard’s jurisdiction. This provision shall not exempt lots from complying with all other applicable lot requirements (i.e., street frontage) established herein and all applicable zoning standards (i.e., setbacks).

However, no subdivision (exempt, minor, or major) of land shall create more lots than the underlying zoning district’s residential density (e.g., a one-acre parcel with a maximum allowable density of 8 dwelling units per acre cannot be subdivided into more than 8 lots, including any residual or parent lot).

1.
Additional lots may be created above this threshold, provided they are protected from any future development, such as lots reserved for the provision of open space, shared infrastructure, or conservation of environmentally sensitive areas.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.2.3. Street frontage required.

All newly created parcels, lots, tracts, or other subdivisions of land, shall directly abut and have direct frontage upon a public street, except:

1.
Interior lots within a group development where the overall site abuts a public street and is designed in such a manner that access is furnished to all interior lots or building sites (see Section 4.2.5).
2.
Air lots (see Section 4.2.6).
3.
Environmental containment and conservation lots (see Section 4.2.7).

Street frontage for conventional lots shall meet the minimum requirements set forth below at the right-of-way line:

TABLE 4.2.3-A: STREET FRONTAGE REQUIREMENTS FOR CONVENTIONAL LOTS
District	Minimum Street Frontage
GR (4, 8)	30 feet
RMX	30 feet
NMX	20 feet
PGX	20 feet
DMX	0 feet
CMX	0 feet
IC	40 feet
GI	60 feet
Note: The dimensional requirements for irregular lots, including minimum street frontage, can be found in Section 4.2.4.

TABLE 4.2.3-A: STREET FRONTAGE REQUIREMENTS FOR CONVENTIONAL LOTS
District	Minimum Street Frontage
GR (4, 8)	30 feet
RMX	30 feet
NMX	20 feet
PGX	20 feet
DMX	0 feet
CMX	0 feet
IC	40 feet
GI	60 feet
Note: The dimensional requirements for irregular lots, including minimum street frontage, can be found in Section 4.2.4.

C.
The following shall not be considered a public street for the purposes of satisfying street frontage requirements:
1. 1.
  Access, utility, service, or other easements under the ownership, control, or maintenance of the City of Brevard, the State of North Carolina, or the United States of America;
2. 2.
  Public rights-of-way under the ownership and control of the City of Brevard, the State of North Carolina, or the United States of America, which are not open and operable as a travel lane for motorized vehicles
D.
Private streets, in lieu of public streets, may satisfy street frontage requirements if the following provisions are met:
1. 1.
  The lots are not located within the corporate limits of the City of Brevard;
2. 2.
  The private street is either:
  1. a.
    150 linear feet or less in length may satisfy frontage requirements for up to three single-family lots;
  2. b.
    Maintained in perpetuity by a property owner’s association or development agreement.
3. 3.
  The private street consists of a drivable surface of at least 20 feet in width and remains adequately maintained to afford a reasonable means of ingress and egress of emergency vehicles.
E.
The private street is designed and built in accordance with public street standards set forth in CHAPTER 13 of this ordinance.
F.
Reserve strips: There shall be no reserve strips or any other means of limiting the accessibility of parcels platted in any subdivision.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25; Ord. No. 2025-58, § 1(Exh. A), 12-15-25)

Effective on: 12/15/2025

4.2.4. Irregular lots.

Applicability:

1.
Irregular lots standards apply to a lot where the functional access for ingress, egress, and utilities is provided along a long narrow strip of property (“parcel connector”) and the portion of the lot where development is intended (“buildable area”) is typically situated, at least in part, behind adjoining lots which front on a public street.

FIGURE 4.2.4-A: ILLUSTRATIVE DIAGRAMS OF IRREGULAR LOTS

FIGURE 4.2.4-A: ILLUSTRATIVE DIAGRAMS OF IRREGULAR LOTS

1. 2.
  An irregular lot shall only be permitted if necessary to allow a property owner reasonable use and benefit from their land or to alleviate situations which would otherwise cause a hardship as determined by the Zoning Administrator, including but not limited to the following:
  1. a.
    Where necessary to eliminate access onto arterials
  2. b.
    To reasonably utilize irregularly shaped land
  3. c.
    To reasonably utilize land with extreme topography
  4. d.
    To reasonably utilize land with limited sites suitable for septic tank nitrification fields
  5. e.
    Where it is unlikely that a road created in lieu of an irregular lot would ever be extended, or otherwise needed to provide access to adjoining parcels
  6. f.
    To provide for the protection of significant natural or cultural resources
2. 3.
  Irregular lots shall not be permitted:
  1. a.
    If the dimensional requirements or other elements of the definition are not met
  2. b.
    If the irregular lot does not appear to have reasonable development potential
  3. c.
    If the irregular lot is a clear circumvention of other provisions of this ordinance.
B.
Street frontage and dimensional requirements:
1. 1.
  Irregular lots are permitted to have the reduced minimum lot width at the right-of-way line if the lot width reaches the minimum lot width for a conventional lot within the maximum allowable parcel connector length.
  1. a.
    The width of the “parcel connector,” measured along the right-of-way line, shall be no less than 20 feet and shall not exceed the minimum street frontage required for conventional lots in the zoning district (see Section 4.2.3).
  2. b.
    The length of the “parcel connector,” measured from the right-of-way until the property width reaches the minimum lot width for conventional lots in that zoning district, and shall not exceed 300 feet.
C.
Other types of access:
1. 1.
  The administrator may grant exceptions to the requirement that the “parcel connector” provide functional access with an exclusive access easement for ingress, egress, and utilities. This easement must be at least the width of the minimum lot width for irregular lots at the right-of-way. All other requirements for irregular lots shall be fulfilled by the exclusive access easement. This exemption may only be granted in instances where:
  1. a.
    The property is located in zoning districts where the minimum road frontage required for conventional lots is less than the minimum road frontage required for irregular lots.
  2. b.
    The administrator determines that an easement is necessary to reduce the number of driveways on a public street where the posted speed limit is 25 miles per hour or greater.
  3. c.
    The administrator determines that extreme site conditions preclude the property owner from reasonably achieving functional access.
2. 2.
  Use of a shared private drive to serve an irregular lot and adjoining lot(s) is permitted and encouraged. The shared private drive shall be constructed in accordance with Section 9.3.B.

FIGURE 4.2.4-B: ILLUSTRATIVE DIAGRAM OF SHARED PRIVATE DRIVES

FIGURE 4.2.4-B: ILLUSTRATIVE DIAGRAM OF SHARED PRIVATE DRIVES

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.2.5. Interior lots.

Applicability:

1.
Individual lots within a group development where the overall site abuts a public street and is designed in such a manner that access is furnished to all interior lots or building sites.
2.
Lots established to separate a cemetery or other similar use that requires permanent preservation from the remainder of the parcel shall also be considered interior lots.

Street frontage:

1.
Unless explicitly required in Section 2.4, lots within a group development are exempt from the street frontage requirements, provided they can be adequately served by emergency or service vehicles from a street or publicly-accessible road, as determined by the Technical Review Committee.
2.
Interior lots that are separated from a public street by common space shall be serviced by a private access easement, private right-of-way, or other means of permanent access that connects to the nearest public street.

FIGURE 4.2.5-A: ILLUSTRATIVE DIAGRAMS OF INTERIOR LOTS IN A GROUP DEVELOPMENT

FIGURE 4.2.5-A: ILLUSTRATIVE DIAGRAMS OF INTERIOR LOTS IN A GROUP DEVELOPMENT

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.2.6. Air lots.

Applicability:

1.
Air lots shall be considered any condominium unit or lot containing both horizontal and vertical dimensions and established as part of a shared structure.

Street frontage.

1.
Air lots established as part of a permitted group development are exempt from the street frontage requirements, provided they can be adequately served by emergency or service vehicles from a street or publicly-accessible road, as determined by the Technical Review Committee.

FIGURE 4.2.6-A: ILLUSTRATIVE DIAGRAMS OF AIR LOTS

FIGURE 4.2.6-A: ILLUSTRATIVE DIAGRAMS OF AIR LOTS

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.2.7. Environmental containment and conservation lots.

Applicability:

1.
Environmental containment and conservation lots may be permitted as a stand-alone parcel of land under the review procedures for minor subdivisions of land, or permitted as part of a broader plan of subdivision under the procedures for minor or major subdivisions of land.
2.
The applicant shall provide such evidence as may be required by the administrator to confirm the conservation purpose of the parcel. Examples of such evidence include but are not limited to conservation easement documents, deed restrictions, contracts with federal or state agencies, and similar.

Street frontage and dimensional requirements:

1.
Environmental containment and conservation lots are exempt from the road frontage requirements.

Structures.

1. 1.
  Structures shall not be permitted upon environmental containment or conservation lots.
2. 2.
  This requirement shall be included as restriction upon the deed, conservation easement, contract or other document that is binding upon the property owner.
3. 3.
  However, structures that are necessary to carry out the stated purpose of the environmental containment or conservation parcel may be permitted. Examples include but are not limited to agricultural structures upon working farms that are the subject of agricultural conservation easements, or structures upon properties that are subject to a conservation easement wherein recreation is a stated use and purpose of such easement. This provision shall not be construed to allow the establishment of residential, commercial or other uses upon environmental containment or conservation lots.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24 )

Effective on: 6/3/2024

Brevard City Zoning Code

CHAPTER 4

LOT AND SUBDIVISION REQUIREMENTS

4.1. Authority and purpose.

In accordance with NCGS Section 160D-803, plats shall be prepared, approved, and recorded pursuant to the provisions of this ordinance whenever any subdivision of land takes place.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 1/1/1901

4.3. Exempt subdivisions.

1.
Combination, Recombination or Adjustment
1. a.
  The combination, recombination, or adjustment of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the lot standards of the local government as shown in its subdivision regulations.
2.
Divisions Greater than 10 Acres
1. a.
  The division of land into parcels greater than 10 acres where no street right-of-way dedication is involved.
3.
Public Dedication
1. a.
  The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors.
2. b.
  Dedication of public improvements shall be subject to the acceptance process in Section 4.9.
4.
Two into Three Lots
1. a.
  The division of a tract in single ownership whose entire area is no greater than 2 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 lot standards of the local government as shown in its subdivision regulations.
5.
Court-Ordered Survey
1. a.
  The division of land into parcels in accordance with the terms of a probated will, a court-order or with intestate succession under NCGS Chapter 29.
2. b.
  Unless the lots in the estate exclusion meet the standards of this ordinance, a development permit shall not be issued.
3. c.
  No further subdivision of the inherited property will be allowed unless or until the owners all comply with all subdivision requirements applicable to the property but for this ordinance.
6.
Easement Establishment
1. a.
  Access and utility easements may be platted and recorded as exemptions from these subdivision regulations.
7.
Easement / Right-of-way Abandonment
1. a.
  Abandonment of access and utility easements may be platted and recorded as exemptions from these subdivision regulations.
8.
Annexation
1. a.
  Annexation of a previously recorded lot may be platted and recorded as exemptions from these subdivision regulations.

Submittal requirements: The exempt subdivision application shall be submitted in conformance with:

1.
All applicable zoning requirements, including but not limited to the minimum dimensional standards and setback requirements, and other lot requirements in Section 4.2.
2.
Demonstrated compliance with the standards in NCGS Section 47-30; and
3.
All applicable plat requirements, certifications and statements in Section 4.6 and Section 4.7.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.4. Minor subdivisions.

Applicability: Minor subdivision means a subdivision that:

1.
Creates a maximum of 8 lots, including the residual or parent lot;
2.
Does not involve the creation, expansion, or dedication of any public infrastructure;
3.
Is not otherwise exempt under Section 4.3.

Review process: The approval process for a minor subdivision shall consist of the following steps:

1.
Initial consultation and/or pre-application meeting with administrator;
2.
Plat submittal;
3.
Administrator review and decision;
4.
Record approved plat with Transylvania County Register of Deeds.

Submittal requirements: The minor subdivision application shall be submitted in conformance with:

1.
All applicable subdivision requirements;
2.
All applicable zoning requirements, including but not limited to the minimum dimensional standards and setback requirements, and other lot requirements in Section 4.2.
3.
Demonstrated compliance with the standards in NCGS Section 47-30; and
4.
All applicable plat requirements, certifications and statements in Section 4.6 and Section 4.7.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.5. Major subdivisions.

Applicability:

1.
Major subdivision means a subdivision that:
1. a.
  Creates more than 8 lots, including the residual or parent lot;
2. b.
  Involves the creation, expansion, or dedication of any public infrastructure; or
3. c.
  Is not otherwise exempt under Section 4.3.
2.
Subdivisions that create interior lots for the purpose of development and are not otherwise exempt shall also be subject to the review process and requirements of this section.

Review process: The approval process for a major subdivision shall consist of the following steps:

1.
Initial consultation and/or pre-application meeting with administrator;
2.
Sketch Plan review by Administrator and Technical Review Committee;
3.
Preliminary plat submitted;
4.
Administrator review and action;
5.
Required improvements (installed or guaranteed);
6.
Final plat submittal;
7.
Administrator review and decision;
8.
Record approved plat with Transylvania County Register of Deeds.

Sketch plan requirements:

1.
Before submitting an application for preliminary plan approval, the applicant must submit a sketch plan of the proposed subdivision. The submission shall include one digital copy and one printed copy.
2.
The sketch plan of a major subdivision shall be submitted in conformance with:
1. a.
  All applicable subdivision requirements;
2. b.
  All applicable zoning requirements, including but not limited to the minimum dimensional standards and setback requirements, and other lot requirements in Section 4.2; and
3. c.
  Compliance with the specifications in Section 17.4.
3.
Following a review of the sketch plan and other materials by the planning staff and Technical Review Committee, the administrator must advise the applicant of the results of the sketch plan review.

Preliminary plat requirements:

1.
A preliminary plat application may not be submitted until after the Technical Review Committee has provided the applicant with its comments and recommendations based on the sketch plan review.
2.
The developer shall initiate the preliminary plat approval process by submitting the preliminary plat and, if applicable, construction documents for the required improvements, illustrating their layouts and connections to existing systems.
3.
The preliminary plat for a major subdivision shall be submitted in conformance with:
1. a.
  Comments received by the planning staff and Technical Review Committee, if applicable;
2. b.
  All applicable subdivision requirements;
3. c.
  All applicable zoning requirements, including but not limited to the minimum dimensional standards and setback requirements, and other lot requirements in Section 4.2.
4. d.
  Demonstrated compliance with the standards in NCGS Section 47-30; and
5. e.
  All applicable plat requirements, certifications and statements in Section 4.6 and Section 4.7.
4.
The plat shall clearly state that this is a preliminary plat and not for recording.
5.
Approval duration: Approved preliminary plats are valid for one year from the date of approval by the City of Brevard. Upon expiration of approval prior to final plat approval and recordation, a new application for subdivision will be required in accordance with the process before development can recommence.
1. a.
  The administrator may approve reasonable and necessary extensions if a written request by the developer is made to the administrator 45 days prior to the one-year anniversary of preliminary plat approval.
6.
Multiple phases not approved: Approval of a preliminary plat constituting an individual phase of a multi-phase project, which has not been entirely approved, does not constitute approval by the city of any remaining phases.
1. a.
  For approved preliminary plats consisting of multiple phases, only the phase that is to be developed immediately shall be submitted for final plat approval. This prohibition shall not apply to multiphase developments as defined in CHAPTER 19. The requirements for the establishment of vested rights for multiphase developments are outlined in Section 16.9.G of this ordinance

Improvement requirements:

1.
Notice to proceed with construction activity: Only after receiving preliminary plat approval for a major subdivision and other written approval and necessary permits from the appropriate regulating agencies, shall the developer begin grading, soil erosion, and infrastructure construction for the development.
2.
Infrastructure required within one year: All required infrastructure improvements for the preliminary plat shall be in place within one year of issuance of a land development permit unless the improvement has been guaranteed in accordance with this ordinance.
1. a.
  If circumstances beyond the control of the developer do not allow for the commencement of the required work within the one-year period or the size of the phase is such that one year is insufficient time to commence all required work, then the developer may file a written request for an extension with the administrator no later than 45 days prior to the one year anniversary of land development permit approval by the city as provided above.
2. b.
  If infrastructure work is not commenced within one year and/or no extension request is filed with the administrator and approved, land development permit approval becomes null and void on the day of the one year anniversary and a new application will be required.

Final plat requirements:

1.
The final plat shall constitute all portions of the preliminary plat site, which the subdivider proposes to record, and develop at the time.
2.
The developer shall initiate the final subdivision plat approval process by submitting the final plat and:
1. a.
  Copies of any required surety or performance guarantees to the administrator or other departments as required, and/or
2. b.
  As built drawings and plans of all required infrastructure, including water, sewer, and storm drainage system facilities, illustrating their layouts and connections to existing systems.
  1. 1.
    Such plans shall show all easements and rights-of-way, to demonstrate that the facilities are properly placed and the locations of all fire hydrants, blow-off valves, manholes, pumps, force mains, and gate valves are indicated.
  2. 2.
    This information shall not be placed on the final plat but must be submitted at the time of request for final plat approval or release of any surety for required improvements, whichever comes later.
3.
The final plat for a major subdivision shall be submitted in conformance with:
1. a.
  The approved preliminary plat;
2. b.
  Demonstrated compliance with the standards in NCGS Section 47-30; and
3. c.
  All applicable plat requirements, certifications and statements in Section 4.6 and Section 4.7.
4.
Upon receipt of the complete final plat review application, the administrator will have 60 calendar days to approve or deny the final plat, in accordance with this chapter.
1. a.
  If substantial errors are found, including inconsistencies with the approved preliminary plat, the plat shall not be approved and the review period suspended until the applicant has corrected such errors. A list of the needed corrections shall be provided to the applicant. Any conditions placed by the city on the approval of the final plat shall be addressed by the developer within 45 days. Failure of the developer to meet the 45-day response period shall cause the conditional approval of the city to be null and void. Once complete, the final plat shall be approved or denied by the administrator within 30 calendar days of the date of final completed submission.
5.
After recordation, the developer shall provide a digital copy (of a format to be approved by the administrator) of the registered plat to the city for distribution to the various state and local government agencies and public utilities and for file in the planning department.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.6. Plat requirements.

All plats presented to the City for review before recording at the Transylvania County Register of Deeds shall be:

1.
Prepared by a registered land surveyor, licensed to practice in the State of North Carolina;
2.
Drawn to a scale no less than one inch = 150 feet; and
3.
Meet the requirements of NCGS §47-30 and the Transylvania County Register of Deeds Office.

The plat shall contain the following:

1.
A title block that includes the following:
1. a.
  Property designation or name of subdivision
2. b.
  The type of plat (minor subdivision plat, preliminary major subdivision, etc.)
3. c.
  Name of the property owner
4. d.
  Township, County, and State
5. e.
  Scale denoted in words and bar graph
6. f.
  The name and address of surveyor preparing the plat, including the firm name and license number
7. g.
  Date the survey was prepared and any revision dates
2.
An accurately positioned north arrow coordinated with any bearings shown on the plat.
3.
The exact boundary of the tract of land being subdivided showing clearly the disposition of all portions of the tract.
4.
Sufficient data to determine readily and reproduce accurately on the ground the location, bearing, and length of every property line, street, existing building or structure, easement, and/or other boundary lines. All dimensions shall be measured to the nearest one-hundredth of a foot and all angles to the nearest second.
5.
The accurate locations and descriptions of all corners, monuments, markers, and control points.
6.
A vicinity map showing the location of the property with respect to adjacent streets and properties.
7.
Where applicable, the location of all protected areas or required open space (surface water protection areas, floodways and non-encroachment areas, etc.), the special flood hazard area, and areas dedicated to public purpose with notes stating their purposes.
8.
The parcel identification number of the lot(s) to be subdivided and of adjacent properties;
9.
The zoning classification of the lot(s) to be subdivided and of adjacent properties, if applicable;
10.
All applicable certifications and statements, as identified in Section 4.7.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24 )

Effective on: 6/3/2024

4.7. Certifications and statements.

1.
"R" denotes that the certification or statement is required.
2.
"A" denotes that the certification or statement is required if applicable.
3.
"—" denotes that the certification or statement is not required.

TABLE 4.7-A: CERTIFICATIONS AND STATEMENTS MATRIX
Certification / Statement	Exempt Plat	Minor Plat	Major Preliminary Plat	Major Final Plat
Certificate of Survey Accuracy	R	R	—	R
Certificate of Purpose of Plat	R	R	—	R
Review Officer Certification—Transylvania County	R	R	—	R
Certificate of Ownership	R	R	—	—
Certificate of Ownership and Dedication	—	—	R	R
Certificate of Exemption and Zoning Approval	R	—	—	—
Certificate of Minor Subdivision Plat Approval	—	R	—	—
Certificate of Major Subdivision Preliminary Plat Approval	—	—	R	—
Certificate of Major Subdivision Final Plat Approval	—	—	—	R
Flood Hazard Disclosure	A	A	A	A
Certificate of Approval of the Design and Installation of Streets, Utilities, and Other Required Improvements	—	—	—	R
Acceptance of Public Infrastructure	A	—	—	A
Certificate of Warranty	—	—	—	A
Certificate of Approval of Water Supply and Sewage Disposal Systems	—	—	—	A
NCDOT Division of Highways District Engineer	—	—	—	A
Disclosure of Private Roads	—	—	—	A
Disclosure of Court-Ordered Subdivision	A	—	—	—

TABLE 4.7-A: CERTIFICATIONS AND STATEMENTS MATRIX
Certification / Statement	Exempt Plat	Minor Plat	Major Preliminary Plat	Major Final Plat
Certificate of Survey Accuracy	R	R	—	R
Certificate of Purpose of Plat	R	R	—	R
Review Officer Certification—Transylvania County	R	R	—	R
Certificate of Ownership	R	R	—	—
Certificate of Ownership and Dedication	—	—	R	R
Certificate of Exemption and Zoning Approval	R	—	—	—
Certificate of Minor Subdivision Plat Approval	—	R	—	—
Certificate of Major Subdivision Preliminary Plat Approval	—	—	R	—
Certificate of Major Subdivision Final Plat Approval	—	—	—	R
Flood Hazard Disclosure	A	A	A	A
Certificate of Approval of the Design and Installation of Streets, Utilities, and Other Required Improvements	—	—	—	R
Acceptance of Public Infrastructure	A	—	—	A
Certificate of Warranty	—	—	—	A
Certificate of Approval of Water Supply and Sewage Disposal Systems	—	—	—	A
NCDOT Division of Highways District Engineer	—	—	—	A
Disclosure of Private Roads	—	—	—	A
Disclosure of Court-Ordered Subdivision	A	—	—	—

B.
Certification statements:
1. 1.
  Certificate of Survey Accuracy:

Seal or Stamp of Surveyor _____________________

Professional Land Surveyor

______________________

License Number

1. 2.
  Certificate of Purpose of Plat: The final plat shall contain one of the following statements, signed and sealed by the plat preparer:
  1. a.
    This survey creates a subdivision of land within the jurisdictional area of the City of Brevard, Transylvania County, North Carolina and that the City has an Ordinance that regulates parcels of land.
  2. b.
    This survey is located in a portion of a County or Municipality that is unregulated as to an Ordinance that regulates parcels of land.
  3. c.
    Any one of the following:
    i.
    This survey is a proposed easement for a public utility as defined in G.S. 62-3.
    ii.
    This survey is a control survey. For the purposes of this section, a “control survey” is a survey that provides horizontal or vertical position data for support or control of other surveys or for mapping. A control survey, by itself, cannot be used to define or convey rights or ownership.
    iii.
    This survey is of an existing feature, such as a building or other structure, or natural feature, such as a watercourse.
    iv.
    This survey is of an existing parcel or parcels of land or one or more existing easements and does not create a new street or change an existing street. For the purpose of this section, an “existing parcel” or “existing easement” is an area of land described in a single, legal description or legally recorded subdivision that has been or may be legally conveyed to a new owner by deed in its existing configuration.
  4. d.
    This survey is of another category, such as the recombination of existing parcels, a court-ordered survey, or other exemption or exception to the definition of subdivision.
  5. e.
    The information available to the surveyor is such that the surveyor is unable to make a determination to the best of the surveyor’s professional ability as to provisions contained in (i) through (iv) above.

Seal or Stamp of Surveyor ______________________

Professional Land Surveyor

______________________

Date

1. 3.
  Review Officer Certification – Transylvania County

__________________________________ _________________

Review Officer Date

1. 4.
  Certificate of Ownership

Owner(s) Date

1. 5.
  Certificate of Ownership and Dedication

__________________________________ _________________

Owner(s) Date

1. 6.
  Certificate of Exemption and Zoning Approval

__________________________________ _________________

Review Officer Date

1. 7.
  Certificate of Minor Subdivision Plat Approval

__________________________________ _________________

Review Officer Date

1. 8.
  Certificate of Major Subdivision Preliminary Plat Approval

__________________________________ _________________

Review Officer Date

1. 9.
  Certificate of Major Subdivision Final Plat Approval

__________________________________ _________________

Review Officer Date

1. 10.
  Flood Hazard Disclosure

1. 11.
  Certificate of Approval of the Design and Installation of Streets, Utilities, and Other Required Improvements

__________________________________ _________________

Planning Director, City of Brevard Date

__________________________________ _________________

Public Works Director, City of Brevard Date

1. 12.
  Acceptance of Public Infrastructure

I hereby certify that the City of Brevard, North Carolina accepts the public infrastructure dedicated on this plat, in accordance with the dedication agreement dated ________________.

__________________________________ _________________

City Manager, City of Brevard Date

1. 13.
  Certificate of Warranty

__________________________________ _________________

Subdivider Date

1. 14.
  Certificate of Approval of Water Supply and Sewage Disposal

I hereby certify that the water supply and sewage systems installed or proposed for installation in this subdivision meet necessary public health requirements and are hereby approved.

__________________________________ _________________

County Health Officer or Authorized Representative Date

1. 15.
  NCDOT Division of Highways District Engineer Certification

I hereby certify that the streets as depicted hereon are consistent with the requirements of the North Carolina Department of Transportation, Division of Highways.

__________________________________ _________________

District Engineer Date

1. 16.
  Disclosure of Private Roads

This disclosure is given in accordance with North Carolina General Statutes 136-102.6.

__________________________________ _________________

Subdivider Date

1. 17.
  Disclosure of Court-Ordered Subdivision

C.
Nothing in this section shall prohibit the administrator from requiring additional certifications and/or adjustments to the verbiage of the certifications provided herein, so long as the intent of the section is upheld.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.8. Approval review procedure.

The administrator may determine that additional review is required and request review and/or a recommendation by a board beyond the required process described herein.

Designation of approving authority:

TABLE 4.8-A: SUBDIVISION REVIEW, APPROVAL, AND APPEAL AUTHORITIES
Activity	Review / Recommendation	Approving Authority	Appeal Authority
Major Subdivisions	Technical Review Committee	Staff	Board of Adjustment
Minor Subdivisions	-	Staff	Board of Adjustment
Exempt Subdivisions	-	Staff	Board of Adjustment

TABLE 4.8-A: SUBDIVISION REVIEW, APPROVAL, AND APPEAL AUTHORITIES
Activity	Review / Recommendation	Approving Authority	Appeal Authority
Major Subdivisions	Technical Review Committee	Staff	Board of Adjustment
Minor Subdivisions	-	Staff	Board of Adjustment
Exempt Subdivisions	-	Staff	Board of Adjustment

D.
Quasi-judicial approval of subdivisions: In accordance with NCGS 160D-102, if the approval of the subdivision plat is deemed quasi-judicial in nature with generally-stated standards requiring a discretionary decision, the Board of Adjustment shall serve as the approving authority.
E.
Plats to be recorded: Approved plats must be filed by the applicant for recording with the Register of Deeds of Transylvania County within 30 days of the date of approval by the administrator; otherwise, such approval shall be null and void.
F.
Development permits required: Plat approval does not confer any approvals for individual site plans. All development activities require a permit in accordance with CHAPTER 16 and other relevant provisions of this ordinance.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.9. Public improvements dedication and acceptance.

All dedications shall be indicated on the face of the plat.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.10. Placement of monuments.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.11. Re-subdivision.

However, additional minor subdivision activity may be considered in accordance with the review procedure for major subdivisions in the following circumstances:

1.
It is proposed within a phase of a previously approved major subdivision; and
2.
It has been clearly reserved for future development on a properly approved and recorded major subdivision plat.

These provisions shall also apply to proposals for the creation of condominium lots.

These provisions shall not prevent the recombination of parcels recently the subject of a minor subdivision.

For any re-platting or re-subdivision of land, the same procedures, rules, and regulations shall apply as prescribed herein for an original subdivision.

The provisions of this section may be varied by the Board of Adjustment in accordance with quasi-judicial proceedings for variances.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

Editor's Note

Ordinance 2024-23, adopted June 3, 2024, repealed Chapter 4 - General Lot and Structure Provisions - in it's entirety and replaced it with Chapter 4 - Lot and Subdivision Requirements.

4.2.1. General provisions.

Sale of lots prohibited: Lots shall not be offered for sale until final subdivision approval has been granted.

Conformity with ordinance required:

1.
All lots must comply with the standards of this section, except as expressly provided in this ordinance. This prohibition shall not be construed to prevent the purchase or condemnation of land for public utilities, substations, street right-of-way, pedestrian facilities, recreational facilities, stormwater management or similar public purposes.
2.
New subdivisions of land shall be designed to prevent the placement of a structure on any parcel boundary or within any street right-of-way. This provision shall not prohibit zero lot line structures with common walls situated on one or more lot lines.

Variances to lot and subdivision regulations:

1.
Unless explicit authority is granted herein, subdivision regulations shall not be varied by the Board of Adjustment nor shall the administrator grant any exceptions.
2.
When authority is granted, variances of lot and subdivision regulations shall proceed in accordance with Section 16.8 of this ordinance and all applicable North Carolina General Statutes regarding quasi-judicial proceedings for variances.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.2.2. Minimum lot size.

1.
Additional lots may be created above this threshold, provided they are protected from any future development, such as lots reserved for the provision of open space, shared infrastructure, or conservation of environmentally sensitive areas.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.2.3. Street frontage required.

All newly created parcels, lots, tracts, or other subdivisions of land, shall directly abut and have direct frontage upon a public street, except:

1.
Interior lots within a group development where the overall site abuts a public street and is designed in such a manner that access is furnished to all interior lots or building sites (see Section 4.2.5).
2.
Air lots (see Section 4.2.6).
3.
Environmental containment and conservation lots (see Section 4.2.7).

Street frontage for conventional lots shall meet the minimum requirements set forth below at the right-of-way line:

TABLE 4.2.3-A: STREET FRONTAGE REQUIREMENTS FOR CONVENTIONAL LOTS
District	Minimum Street Frontage
GR (4, 8)	30 feet
RMX	30 feet
NMX	20 feet
PGX	20 feet
DMX	0 feet
CMX	0 feet
IC	40 feet
GI	60 feet
Note: The dimensional requirements for irregular lots, including minimum street frontage, can be found in Section 4.2.4.

TABLE 4.2.3-A: STREET FRONTAGE REQUIREMENTS FOR CONVENTIONAL LOTS
District	Minimum Street Frontage
GR (4, 8)	30 feet
RMX	30 feet
NMX	20 feet
PGX	20 feet
DMX	0 feet
CMX	0 feet
IC	40 feet
GI	60 feet
Note: The dimensional requirements for irregular lots, including minimum street frontage, can be found in Section 4.2.4.

C.
The following shall not be considered a public street for the purposes of satisfying street frontage requirements:
1. 1.
  Access, utility, service, or other easements under the ownership, control, or maintenance of the City of Brevard, the State of North Carolina, or the United States of America;
2. 2.
  Public rights-of-way under the ownership and control of the City of Brevard, the State of North Carolina, or the United States of America, which are not open and operable as a travel lane for motorized vehicles
D.
Private streets, in lieu of public streets, may satisfy street frontage requirements if the following provisions are met:
1. 1.
  The lots are not located within the corporate limits of the City of Brevard;
2. 2.
  The private street is either:
  1. a.
    150 linear feet or less in length may satisfy frontage requirements for up to three single-family lots;
  2. b.
    Maintained in perpetuity by a property owner’s association or development agreement.
3. 3.
  The private street consists of a drivable surface of at least 20 feet in width and remains adequately maintained to afford a reasonable means of ingress and egress of emergency vehicles.
E.
The private street is designed and built in accordance with public street standards set forth in CHAPTER 13 of this ordinance.
F.
Reserve strips: There shall be no reserve strips or any other means of limiting the accessibility of parcels platted in any subdivision.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25; Ord. No. 2025-58, § 1(Exh. A), 12-15-25)

Effective on: 12/15/2025

4.2.4. Irregular lots.

Applicability:

1.
Irregular lots standards apply to a lot where the functional access for ingress, egress, and utilities is provided along a long narrow strip of property (“parcel connector”) and the portion of the lot where development is intended (“buildable area”) is typically situated, at least in part, behind adjoining lots which front on a public street.

FIGURE 4.2.4-A: ILLUSTRATIVE DIAGRAMS OF IRREGULAR LOTS

FIGURE 4.2.4-A: ILLUSTRATIVE DIAGRAMS OF IRREGULAR LOTS

1. 2.
  An irregular lot shall only be permitted if necessary to allow a property owner reasonable use and benefit from their land or to alleviate situations which would otherwise cause a hardship as determined by the Zoning Administrator, including but not limited to the following:
  1. a.
    Where necessary to eliminate access onto arterials
  2. b.
    To reasonably utilize irregularly shaped land
  3. c.
    To reasonably utilize land with extreme topography
  4. d.
    To reasonably utilize land with limited sites suitable for septic tank nitrification fields
  5. e.
    Where it is unlikely that a road created in lieu of an irregular lot would ever be extended, or otherwise needed to provide access to adjoining parcels
  6. f.
    To provide for the protection of significant natural or cultural resources
2. 3.
  Irregular lots shall not be permitted:
  1. a.
    If the dimensional requirements or other elements of the definition are not met
  2. b.
    If the irregular lot does not appear to have reasonable development potential
  3. c.
    If the irregular lot is a clear circumvention of other provisions of this ordinance.
B.
Street frontage and dimensional requirements:
1. 1.
  Irregular lots are permitted to have the reduced minimum lot width at the right-of-way line if the lot width reaches the minimum lot width for a conventional lot within the maximum allowable parcel connector length.
  1. a.
    The width of the “parcel connector,” measured along the right-of-way line, shall be no less than 20 feet and shall not exceed the minimum street frontage required for conventional lots in the zoning district (see Section 4.2.3).
  2. b.
    The length of the “parcel connector,” measured from the right-of-way until the property width reaches the minimum lot width for conventional lots in that zoning district, and shall not exceed 300 feet.
C.
Other types of access:
1. 1.
  The administrator may grant exceptions to the requirement that the “parcel connector” provide functional access with an exclusive access easement for ingress, egress, and utilities. This easement must be at least the width of the minimum lot width for irregular lots at the right-of-way. All other requirements for irregular lots shall be fulfilled by the exclusive access easement. This exemption may only be granted in instances where:
  1. a.
    The property is located in zoning districts where the minimum road frontage required for conventional lots is less than the minimum road frontage required for irregular lots.
  2. b.
    The administrator determines that an easement is necessary to reduce the number of driveways on a public street where the posted speed limit is 25 miles per hour or greater.
  3. c.
    The administrator determines that extreme site conditions preclude the property owner from reasonably achieving functional access.
2. 2.
  Use of a shared private drive to serve an irregular lot and adjoining lot(s) is permitted and encouraged. The shared private drive shall be constructed in accordance with Section 9.3.B.

FIGURE 4.2.4-B: ILLUSTRATIVE DIAGRAM OF SHARED PRIVATE DRIVES

FIGURE 4.2.4-B: ILLUSTRATIVE DIAGRAM OF SHARED PRIVATE DRIVES

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.2.5. Interior lots.

Applicability:

1.
Individual lots within a group development where the overall site abuts a public street and is designed in such a manner that access is furnished to all interior lots or building sites.
2.
Lots established to separate a cemetery or other similar use that requires permanent preservation from the remainder of the parcel shall also be considered interior lots.

Street frontage:

1.
Unless explicitly required in Section 2.4, lots within a group development are exempt from the street frontage requirements, provided they can be adequately served by emergency or service vehicles from a street or publicly-accessible road, as determined by the Technical Review Committee.
2.
Interior lots that are separated from a public street by common space shall be serviced by a private access easement, private right-of-way, or other means of permanent access that connects to the nearest public street.

FIGURE 4.2.5-A: ILLUSTRATIVE DIAGRAMS OF INTERIOR LOTS IN A GROUP DEVELOPMENT

FIGURE 4.2.5-A: ILLUSTRATIVE DIAGRAMS OF INTERIOR LOTS IN A GROUP DEVELOPMENT

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.2.6. Air lots.

Applicability:

1.
Air lots shall be considered any condominium unit or lot containing both horizontal and vertical dimensions and established as part of a shared structure.

Street frontage.

1.
Air lots established as part of a permitted group development are exempt from the street frontage requirements, provided they can be adequately served by emergency or service vehicles from a street or publicly-accessible road, as determined by the Technical Review Committee.

FIGURE 4.2.6-A: ILLUSTRATIVE DIAGRAMS OF AIR LOTS

FIGURE 4.2.6-A: ILLUSTRATIVE DIAGRAMS OF AIR LOTS

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.2.7. Environmental containment and conservation lots.

Applicability:

1.
Environmental containment and conservation lots may be permitted as a stand-alone parcel of land under the review procedures for minor subdivisions of land, or permitted as part of a broader plan of subdivision under the procedures for minor or major subdivisions of land.
2.
The applicant shall provide such evidence as may be required by the administrator to confirm the conservation purpose of the parcel. Examples of such evidence include but are not limited to conservation easement documents, deed restrictions, contracts with federal or state agencies, and similar.

Street frontage and dimensional requirements:

1.
Environmental containment and conservation lots are exempt from the road frontage requirements.

Structures.

1. 1.
  Structures shall not be permitted upon environmental containment or conservation lots.
2. 2.
  This requirement shall be included as restriction upon the deed, conservation easement, contract or other document that is binding upon the property owner.
3. 3.
  However, structures that are necessary to carry out the stated purpose of the environmental containment or conservation parcel may be permitted. Examples include but are not limited to agricultural structures upon working farms that are the subject of agricultural conservation easements, or structures upon properties that are subject to a conservation easement wherein recreation is a stated use and purpose of such easement. This provision shall not be construed to allow the establishment of residential, commercial or other uses upon environmental containment or conservation lots.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24 )

Effective on: 6/3/2024

Brevard City Zoning Code

CHAPTER 4

LOT AND SUBDIVISION REQUIREMENTS

4.1. Authority and purpose.

In accordance with NCGS Section 160D-803, plats shall be prepared, approved, and recorded pursuant to the provisions of this ordinance whenever any subdivision of land takes place.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 1/1/1901

4.3. Exempt subdivisions.

1.
Combination, Recombination or Adjustment
1. a.
  The combination, recombination, or adjustment of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the lot standards of the local government as shown in its subdivision regulations.
2.
Divisions Greater than 10 Acres
1. a.
  The division of land into parcels greater than 10 acres where no street right-of-way dedication is involved.
3.
Public Dedication
1. a.
  The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors.
2. b.
  Dedication of public improvements shall be subject to the acceptance process in Section 4.9.
4.
Two into Three Lots
1. a.
  The division of a tract in single ownership whose entire area is no greater than 2 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 lot standards of the local government as shown in its subdivision regulations.
5.
Court-Ordered Survey
1. a.
  The division of land into parcels in accordance with the terms of a probated will, a court-order or with intestate succession under NCGS Chapter 29.
2. b.
  Unless the lots in the estate exclusion meet the standards of this ordinance, a development permit shall not be issued.
3. c.
  No further subdivision of the inherited property will be allowed unless or until the owners all comply with all subdivision requirements applicable to the property but for this ordinance.
6.
Easement Establishment
1. a.
  Access and utility easements may be platted and recorded as exemptions from these subdivision regulations.
7.
Easement / Right-of-way Abandonment
1. a.
  Abandonment of access and utility easements may be platted and recorded as exemptions from these subdivision regulations.
8.
Annexation
1. a.
  Annexation of a previously recorded lot may be platted and recorded as exemptions from these subdivision regulations.

Submittal requirements: The exempt subdivision application shall be submitted in conformance with:

1.
All applicable zoning requirements, including but not limited to the minimum dimensional standards and setback requirements, and other lot requirements in Section 4.2.
2.
Demonstrated compliance with the standards in NCGS Section 47-30; and
3.
All applicable plat requirements, certifications and statements in Section 4.6 and Section 4.7.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.4. Minor subdivisions.

Applicability: Minor subdivision means a subdivision that:

1.
Creates a maximum of 8 lots, including the residual or parent lot;
2.
Does not involve the creation, expansion, or dedication of any public infrastructure;
3.
Is not otherwise exempt under Section 4.3.

Review process: The approval process for a minor subdivision shall consist of the following steps:

1.
Initial consultation and/or pre-application meeting with administrator;
2.
Plat submittal;
3.
Administrator review and decision;
4.
Record approved plat with Transylvania County Register of Deeds.

Submittal requirements: The minor subdivision application shall be submitted in conformance with:

1.
All applicable subdivision requirements;
2.
All applicable zoning requirements, including but not limited to the minimum dimensional standards and setback requirements, and other lot requirements in Section 4.2.
3.
Demonstrated compliance with the standards in NCGS Section 47-30; and
4.
All applicable plat requirements, certifications and statements in Section 4.6 and Section 4.7.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.5. Major subdivisions.

Applicability:

1.
Major subdivision means a subdivision that:
1. a.
  Creates more than 8 lots, including the residual or parent lot;
2. b.
  Involves the creation, expansion, or dedication of any public infrastructure; or
3. c.
  Is not otherwise exempt under Section 4.3.
2.
Subdivisions that create interior lots for the purpose of development and are not otherwise exempt shall also be subject to the review process and requirements of this section.

Review process: The approval process for a major subdivision shall consist of the following steps:

1.
Initial consultation and/or pre-application meeting with administrator;
2.
Sketch Plan review by Administrator and Technical Review Committee;
3.
Preliminary plat submitted;
4.
Administrator review and action;
5.
Required improvements (installed or guaranteed);
6.
Final plat submittal;
7.
Administrator review and decision;
8.
Record approved plat with Transylvania County Register of Deeds.

Sketch plan requirements:

1.
Before submitting an application for preliminary plan approval, the applicant must submit a sketch plan of the proposed subdivision. The submission shall include one digital copy and one printed copy.
2.
The sketch plan of a major subdivision shall be submitted in conformance with:
1. a.
  All applicable subdivision requirements;
2. b.
  All applicable zoning requirements, including but not limited to the minimum dimensional standards and setback requirements, and other lot requirements in Section 4.2; and
3. c.
  Compliance with the specifications in Section 17.4.
3.
Following a review of the sketch plan and other materials by the planning staff and Technical Review Committee, the administrator must advise the applicant of the results of the sketch plan review.

Preliminary plat requirements:

1.
A preliminary plat application may not be submitted until after the Technical Review Committee has provided the applicant with its comments and recommendations based on the sketch plan review.
2.
The developer shall initiate the preliminary plat approval process by submitting the preliminary plat and, if applicable, construction documents for the required improvements, illustrating their layouts and connections to existing systems.
3.
The preliminary plat for a major subdivision shall be submitted in conformance with:
1. a.
  Comments received by the planning staff and Technical Review Committee, if applicable;
2. b.
  All applicable subdivision requirements;
3. c.
  All applicable zoning requirements, including but not limited to the minimum dimensional standards and setback requirements, and other lot requirements in Section 4.2.
4. d.
  Demonstrated compliance with the standards in NCGS Section 47-30; and
5. e.
  All applicable plat requirements, certifications and statements in Section 4.6 and Section 4.7.
4.
The plat shall clearly state that this is a preliminary plat and not for recording.
5.
Approval duration: Approved preliminary plats are valid for one year from the date of approval by the City of Brevard. Upon expiration of approval prior to final plat approval and recordation, a new application for subdivision will be required in accordance with the process before development can recommence.
1. a.
  The administrator may approve reasonable and necessary extensions if a written request by the developer is made to the administrator 45 days prior to the one-year anniversary of preliminary plat approval.
6.
Multiple phases not approved: Approval of a preliminary plat constituting an individual phase of a multi-phase project, which has not been entirely approved, does not constitute approval by the city of any remaining phases.
1. a.
  For approved preliminary plats consisting of multiple phases, only the phase that is to be developed immediately shall be submitted for final plat approval. This prohibition shall not apply to multiphase developments as defined in CHAPTER 19. The requirements for the establishment of vested rights for multiphase developments are outlined in Section 16.9.G of this ordinance

Improvement requirements:

1.
Notice to proceed with construction activity: Only after receiving preliminary plat approval for a major subdivision and other written approval and necessary permits from the appropriate regulating agencies, shall the developer begin grading, soil erosion, and infrastructure construction for the development.
2.
Infrastructure required within one year: All required infrastructure improvements for the preliminary plat shall be in place within one year of issuance of a land development permit unless the improvement has been guaranteed in accordance with this ordinance.
1. a.
  If circumstances beyond the control of the developer do not allow for the commencement of the required work within the one-year period or the size of the phase is such that one year is insufficient time to commence all required work, then the developer may file a written request for an extension with the administrator no later than 45 days prior to the one year anniversary of land development permit approval by the city as provided above.
2. b.
  If infrastructure work is not commenced within one year and/or no extension request is filed with the administrator and approved, land development permit approval becomes null and void on the day of the one year anniversary and a new application will be required.

Final plat requirements:

1.
The final plat shall constitute all portions of the preliminary plat site, which the subdivider proposes to record, and develop at the time.
2.
The developer shall initiate the final subdivision plat approval process by submitting the final plat and:
1. a.
  Copies of any required surety or performance guarantees to the administrator or other departments as required, and/or
2. b.
  As built drawings and plans of all required infrastructure, including water, sewer, and storm drainage system facilities, illustrating their layouts and connections to existing systems.
  1. 1.
    Such plans shall show all easements and rights-of-way, to demonstrate that the facilities are properly placed and the locations of all fire hydrants, blow-off valves, manholes, pumps, force mains, and gate valves are indicated.
  2. 2.
    This information shall not be placed on the final plat but must be submitted at the time of request for final plat approval or release of any surety for required improvements, whichever comes later.
3.
The final plat for a major subdivision shall be submitted in conformance with:
1. a.
  The approved preliminary plat;
2. b.
  Demonstrated compliance with the standards in NCGS Section 47-30; and
3. c.
  All applicable plat requirements, certifications and statements in Section 4.6 and Section 4.7.
4.
Upon receipt of the complete final plat review application, the administrator will have 60 calendar days to approve or deny the final plat, in accordance with this chapter.
1. a.
  If substantial errors are found, including inconsistencies with the approved preliminary plat, the plat shall not be approved and the review period suspended until the applicant has corrected such errors. A list of the needed corrections shall be provided to the applicant. Any conditions placed by the city on the approval of the final plat shall be addressed by the developer within 45 days. Failure of the developer to meet the 45-day response period shall cause the conditional approval of the city to be null and void. Once complete, the final plat shall be approved or denied by the administrator within 30 calendar days of the date of final completed submission.
5.
After recordation, the developer shall provide a digital copy (of a format to be approved by the administrator) of the registered plat to the city for distribution to the various state and local government agencies and public utilities and for file in the planning department.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.6. Plat requirements.

All plats presented to the City for review before recording at the Transylvania County Register of Deeds shall be:

1.
Prepared by a registered land surveyor, licensed to practice in the State of North Carolina;
2.
Drawn to a scale no less than one inch = 150 feet; and
3.
Meet the requirements of NCGS §47-30 and the Transylvania County Register of Deeds Office.

The plat shall contain the following:

1.
A title block that includes the following:
1. a.
  Property designation or name of subdivision
2. b.
  The type of plat (minor subdivision plat, preliminary major subdivision, etc.)
3. c.
  Name of the property owner
4. d.
  Township, County, and State
5. e.
  Scale denoted in words and bar graph
6. f.
  The name and address of surveyor preparing the plat, including the firm name and license number
7. g.
  Date the survey was prepared and any revision dates
2.
An accurately positioned north arrow coordinated with any bearings shown on the plat.
3.
The exact boundary of the tract of land being subdivided showing clearly the disposition of all portions of the tract.
4.
Sufficient data to determine readily and reproduce accurately on the ground the location, bearing, and length of every property line, street, existing building or structure, easement, and/or other boundary lines. All dimensions shall be measured to the nearest one-hundredth of a foot and all angles to the nearest second.
5.
The accurate locations and descriptions of all corners, monuments, markers, and control points.
6.
A vicinity map showing the location of the property with respect to adjacent streets and properties.
7.
Where applicable, the location of all protected areas or required open space (surface water protection areas, floodways and non-encroachment areas, etc.), the special flood hazard area, and areas dedicated to public purpose with notes stating their purposes.
8.
The parcel identification number of the lot(s) to be subdivided and of adjacent properties;
9.
The zoning classification of the lot(s) to be subdivided and of adjacent properties, if applicable;
10.
All applicable certifications and statements, as identified in Section 4.7.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24 )

Effective on: 6/3/2024

4.7. Certifications and statements.

1.
"R" denotes that the certification or statement is required.
2.
"A" denotes that the certification or statement is required if applicable.
3.
"—" denotes that the certification or statement is not required.

TABLE 4.7-A: CERTIFICATIONS AND STATEMENTS MATRIX
Certification / Statement	Exempt Plat	Minor Plat	Major Preliminary Plat	Major Final Plat
Certificate of Survey Accuracy	R	R	—	R
Certificate of Purpose of Plat	R	R	—	R
Review Officer Certification—Transylvania County	R	R	—	R
Certificate of Ownership	R	R	—	—
Certificate of Ownership and Dedication	—	—	R	R
Certificate of Exemption and Zoning Approval	R	—	—	—
Certificate of Minor Subdivision Plat Approval	—	R	—	—
Certificate of Major Subdivision Preliminary Plat Approval	—	—	R	—
Certificate of Major Subdivision Final Plat Approval	—	—	—	R
Flood Hazard Disclosure	A	A	A	A
Certificate of Approval of the Design and Installation of Streets, Utilities, and Other Required Improvements	—	—	—	R
Acceptance of Public Infrastructure	A	—	—	A
Certificate of Warranty	—	—	—	A
Certificate of Approval of Water Supply and Sewage Disposal Systems	—	—	—	A
NCDOT Division of Highways District Engineer	—	—	—	A
Disclosure of Private Roads	—	—	—	A
Disclosure of Court-Ordered Subdivision	A	—	—	—

TABLE 4.7-A: CERTIFICATIONS AND STATEMENTS MATRIX
Certification / Statement	Exempt Plat	Minor Plat	Major Preliminary Plat	Major Final Plat
Certificate of Survey Accuracy	R	R	—	R
Certificate of Purpose of Plat	R	R	—	R
Review Officer Certification—Transylvania County	R	R	—	R
Certificate of Ownership	R	R	—	—
Certificate of Ownership and Dedication	—	—	R	R
Certificate of Exemption and Zoning Approval	R	—	—	—
Certificate of Minor Subdivision Plat Approval	—	R	—	—
Certificate of Major Subdivision Preliminary Plat Approval	—	—	R	—
Certificate of Major Subdivision Final Plat Approval	—	—	—	R
Flood Hazard Disclosure	A	A	A	A
Certificate of Approval of the Design and Installation of Streets, Utilities, and Other Required Improvements	—	—	—	R
Acceptance of Public Infrastructure	A	—	—	A
Certificate of Warranty	—	—	—	A
Certificate of Approval of Water Supply and Sewage Disposal Systems	—	—	—	A
NCDOT Division of Highways District Engineer	—	—	—	A
Disclosure of Private Roads	—	—	—	A
Disclosure of Court-Ordered Subdivision	A	—	—	—

B.
Certification statements:
1. 1.
  Certificate of Survey Accuracy:

Seal or Stamp of Surveyor _____________________

Professional Land Surveyor

______________________

License Number

1. 2.
  Certificate of Purpose of Plat: The final plat shall contain one of the following statements, signed and sealed by the plat preparer:
  1. a.
    This survey creates a subdivision of land within the jurisdictional area of the City of Brevard, Transylvania County, North Carolina and that the City has an Ordinance that regulates parcels of land.
  2. b.
    This survey is located in a portion of a County or Municipality that is unregulated as to an Ordinance that regulates parcels of land.
  3. c.
    Any one of the following:
    i.
    This survey is a proposed easement for a public utility as defined in G.S. 62-3.
    ii.
    This survey is a control survey. For the purposes of this section, a “control survey” is a survey that provides horizontal or vertical position data for support or control of other surveys or for mapping. A control survey, by itself, cannot be used to define or convey rights or ownership.
    iii.
    This survey is of an existing feature, such as a building or other structure, or natural feature, such as a watercourse.
    iv.
    This survey is of an existing parcel or parcels of land or one or more existing easements and does not create a new street or change an existing street. For the purpose of this section, an “existing parcel” or “existing easement” is an area of land described in a single, legal description or legally recorded subdivision that has been or may be legally conveyed to a new owner by deed in its existing configuration.
  4. d.
    This survey is of another category, such as the recombination of existing parcels, a court-ordered survey, or other exemption or exception to the definition of subdivision.
  5. e.
    The information available to the surveyor is such that the surveyor is unable to make a determination to the best of the surveyor’s professional ability as to provisions contained in (i) through (iv) above.

Seal or Stamp of Surveyor ______________________

Professional Land Surveyor

______________________

Date

1. 3.
  Review Officer Certification – Transylvania County

__________________________________ _________________

Review Officer Date

1. 4.
  Certificate of Ownership

Owner(s) Date

1. 5.
  Certificate of Ownership and Dedication

__________________________________ _________________

Owner(s) Date

1. 6.
  Certificate of Exemption and Zoning Approval

__________________________________ _________________

Review Officer Date

1. 7.
  Certificate of Minor Subdivision Plat Approval

__________________________________ _________________

Review Officer Date

1. 8.
  Certificate of Major Subdivision Preliminary Plat Approval

__________________________________ _________________

Review Officer Date

1. 9.
  Certificate of Major Subdivision Final Plat Approval

__________________________________ _________________

Review Officer Date

1. 10.
  Flood Hazard Disclosure

1. 11.
  Certificate of Approval of the Design and Installation of Streets, Utilities, and Other Required Improvements

__________________________________ _________________

Planning Director, City of Brevard Date

__________________________________ _________________

Public Works Director, City of Brevard Date

1. 12.
  Acceptance of Public Infrastructure

I hereby certify that the City of Brevard, North Carolina accepts the public infrastructure dedicated on this plat, in accordance with the dedication agreement dated ________________.

__________________________________ _________________

City Manager, City of Brevard Date

1. 13.
  Certificate of Warranty

__________________________________ _________________

Subdivider Date

1. 14.
  Certificate of Approval of Water Supply and Sewage Disposal

I hereby certify that the water supply and sewage systems installed or proposed for installation in this subdivision meet necessary public health requirements and are hereby approved.

__________________________________ _________________

County Health Officer or Authorized Representative Date

1. 15.
  NCDOT Division of Highways District Engineer Certification

I hereby certify that the streets as depicted hereon are consistent with the requirements of the North Carolina Department of Transportation, Division of Highways.

__________________________________ _________________

District Engineer Date

1. 16.
  Disclosure of Private Roads

This disclosure is given in accordance with North Carolina General Statutes 136-102.6.

__________________________________ _________________

Subdivider Date

1. 17.
  Disclosure of Court-Ordered Subdivision

C.
Nothing in this section shall prohibit the administrator from requiring additional certifications and/or adjustments to the verbiage of the certifications provided herein, so long as the intent of the section is upheld.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.8. Approval review procedure.

The administrator may determine that additional review is required and request review and/or a recommendation by a board beyond the required process described herein.

Designation of approving authority:

TABLE 4.8-A: SUBDIVISION REVIEW, APPROVAL, AND APPEAL AUTHORITIES
Activity	Review / Recommendation	Approving Authority	Appeal Authority
Major Subdivisions	Technical Review Committee	Staff	Board of Adjustment
Minor Subdivisions	-	Staff	Board of Adjustment
Exempt Subdivisions	-	Staff	Board of Adjustment

TABLE 4.8-A: SUBDIVISION REVIEW, APPROVAL, AND APPEAL AUTHORITIES
Activity	Review / Recommendation	Approving Authority	Appeal Authority
Major Subdivisions	Technical Review Committee	Staff	Board of Adjustment
Minor Subdivisions	-	Staff	Board of Adjustment
Exempt Subdivisions	-	Staff	Board of Adjustment

D.
Quasi-judicial approval of subdivisions: In accordance with NCGS 160D-102, if the approval of the subdivision plat is deemed quasi-judicial in nature with generally-stated standards requiring a discretionary decision, the Board of Adjustment shall serve as the approving authority.
E.
Plats to be recorded: Approved plats must be filed by the applicant for recording with the Register of Deeds of Transylvania County within 30 days of the date of approval by the administrator; otherwise, such approval shall be null and void.
F.
Development permits required: Plat approval does not confer any approvals for individual site plans. All development activities require a permit in accordance with CHAPTER 16 and other relevant provisions of this ordinance.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.9. Public improvements dedication and acceptance.

All dedications shall be indicated on the face of the plat.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.10. Placement of monuments.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.11. Re-subdivision.

However, additional minor subdivision activity may be considered in accordance with the review procedure for major subdivisions in the following circumstances:

1.
It is proposed within a phase of a previously approved major subdivision; and
2.
It has been clearly reserved for future development on a properly approved and recorded major subdivision plat.

These provisions shall also apply to proposals for the creation of condominium lots.

These provisions shall not prevent the recombination of parcels recently the subject of a minor subdivision.

For any re-platting or re-subdivision of land, the same procedures, rules, and regulations shall apply as prescribed herein for an original subdivision.

The provisions of this section may be varied by the Board of Adjustment in accordance with quasi-judicial proceedings for variances.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

Editor's Note

Ordinance 2024-23, adopted June 3, 2024, repealed Chapter 4 - General Lot and Structure Provisions - in it's entirety and replaced it with Chapter 4 - Lot and Subdivision Requirements.

4.2.1. General provisions.

Sale of lots prohibited: Lots shall not be offered for sale until final subdivision approval has been granted.

Conformity with ordinance required:

1.
All lots must comply with the standards of this section, except as expressly provided in this ordinance. This prohibition shall not be construed to prevent the purchase or condemnation of land for public utilities, substations, street right-of-way, pedestrian facilities, recreational facilities, stormwater management or similar public purposes.
2.
New subdivisions of land shall be designed to prevent the placement of a structure on any parcel boundary or within any street right-of-way. This provision shall not prohibit zero lot line structures with common walls situated on one or more lot lines.

Variances to lot and subdivision regulations:

1.
Unless explicit authority is granted herein, subdivision regulations shall not be varied by the Board of Adjustment nor shall the administrator grant any exceptions.
2.
When authority is granted, variances of lot and subdivision regulations shall proceed in accordance with Section 16.8 of this ordinance and all applicable North Carolina General Statutes regarding quasi-judicial proceedings for variances.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.2.2. Minimum lot size.

1.
Additional lots may be created above this threshold, provided they are protected from any future development, such as lots reserved for the provision of open space, shared infrastructure, or conservation of environmentally sensitive areas.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.2.3. Street frontage required.

All newly created parcels, lots, tracts, or other subdivisions of land, shall directly abut and have direct frontage upon a public street, except:

1.
Interior lots within a group development where the overall site abuts a public street and is designed in such a manner that access is furnished to all interior lots or building sites (see Section 4.2.5).
2.
Air lots (see Section 4.2.6).
3.
Environmental containment and conservation lots (see Section 4.2.7).

Street frontage for conventional lots shall meet the minimum requirements set forth below at the right-of-way line:

TABLE 4.2.3-A: STREET FRONTAGE REQUIREMENTS FOR CONVENTIONAL LOTS
District	Minimum Street Frontage
GR (4, 8)	30 feet
RMX	30 feet
NMX	20 feet
PGX	20 feet
DMX	0 feet
CMX	0 feet
IC	40 feet
GI	60 feet
Note: The dimensional requirements for irregular lots, including minimum street frontage, can be found in Section 4.2.4.

TABLE 4.2.3-A: STREET FRONTAGE REQUIREMENTS FOR CONVENTIONAL LOTS
District	Minimum Street Frontage
GR (4, 8)	30 feet
RMX	30 feet
NMX	20 feet
PGX	20 feet
DMX	0 feet
CMX	0 feet
IC	40 feet
GI	60 feet
Note: The dimensional requirements for irregular lots, including minimum street frontage, can be found in Section 4.2.4.

C.
The following shall not be considered a public street for the purposes of satisfying street frontage requirements:
1. 1.
  Access, utility, service, or other easements under the ownership, control, or maintenance of the City of Brevard, the State of North Carolina, or the United States of America;
2. 2.
  Public rights-of-way under the ownership and control of the City of Brevard, the State of North Carolina, or the United States of America, which are not open and operable as a travel lane for motorized vehicles
D.
Private streets, in lieu of public streets, may satisfy street frontage requirements if the following provisions are met:
1. 1.
  The lots are not located within the corporate limits of the City of Brevard;
2. 2.
  The private street is either:
  1. a.
    150 linear feet or less in length may satisfy frontage requirements for up to three single-family lots;
  2. b.
    Maintained in perpetuity by a property owner’s association or development agreement.
3. 3.
  The private street consists of a drivable surface of at least 20 feet in width and remains adequately maintained to afford a reasonable means of ingress and egress of emergency vehicles.
E.
The private street is designed and built in accordance with public street standards set forth in CHAPTER 13 of this ordinance.
F.
Reserve strips: There shall be no reserve strips or any other means of limiting the accessibility of parcels platted in any subdivision.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25; Ord. No. 2025-58, § 1(Exh. A), 12-15-25)

Effective on: 12/15/2025

4.2.4. Irregular lots.

Applicability:

1.
Irregular lots standards apply to a lot where the functional access for ingress, egress, and utilities is provided along a long narrow strip of property (“parcel connector”) and the portion of the lot where development is intended (“buildable area”) is typically situated, at least in part, behind adjoining lots which front on a public street.

FIGURE 4.2.4-A: ILLUSTRATIVE DIAGRAMS OF IRREGULAR LOTS

FIGURE 4.2.4-A: ILLUSTRATIVE DIAGRAMS OF IRREGULAR LOTS

1. 2.
  An irregular lot shall only be permitted if necessary to allow a property owner reasonable use and benefit from their land or to alleviate situations which would otherwise cause a hardship as determined by the Zoning Administrator, including but not limited to the following:
  1. a.
    Where necessary to eliminate access onto arterials
  2. b.
    To reasonably utilize irregularly shaped land
  3. c.
    To reasonably utilize land with extreme topography
  4. d.
    To reasonably utilize land with limited sites suitable for septic tank nitrification fields
  5. e.
    Where it is unlikely that a road created in lieu of an irregular lot would ever be extended, or otherwise needed to provide access to adjoining parcels
  6. f.
    To provide for the protection of significant natural or cultural resources
2. 3.
  Irregular lots shall not be permitted:
  1. a.
    If the dimensional requirements or other elements of the definition are not met
  2. b.
    If the irregular lot does not appear to have reasonable development potential
  3. c.
    If the irregular lot is a clear circumvention of other provisions of this ordinance.
B.
Street frontage and dimensional requirements:
1. 1.
  Irregular lots are permitted to have the reduced minimum lot width at the right-of-way line if the lot width reaches the minimum lot width for a conventional lot within the maximum allowable parcel connector length.
  1. a.
    The width of the “parcel connector,” measured along the right-of-way line, shall be no less than 20 feet and shall not exceed the minimum street frontage required for conventional lots in the zoning district (see Section 4.2.3).
  2. b.
    The length of the “parcel connector,” measured from the right-of-way until the property width reaches the minimum lot width for conventional lots in that zoning district, and shall not exceed 300 feet.
C.
Other types of access:
1. 1.
  The administrator may grant exceptions to the requirement that the “parcel connector” provide functional access with an exclusive access easement for ingress, egress, and utilities. This easement must be at least the width of the minimum lot width for irregular lots at the right-of-way. All other requirements for irregular lots shall be fulfilled by the exclusive access easement. This exemption may only be granted in instances where:
  1. a.
    The property is located in zoning districts where the minimum road frontage required for conventional lots is less than the minimum road frontage required for irregular lots.
  2. b.
    The administrator determines that an easement is necessary to reduce the number of driveways on a public street where the posted speed limit is 25 miles per hour or greater.
  3. c.
    The administrator determines that extreme site conditions preclude the property owner from reasonably achieving functional access.
2. 2.
  Use of a shared private drive to serve an irregular lot and adjoining lot(s) is permitted and encouraged. The shared private drive shall be constructed in accordance with Section 9.3.B.

FIGURE 4.2.4-B: ILLUSTRATIVE DIAGRAM OF SHARED PRIVATE DRIVES

FIGURE 4.2.4-B: ILLUSTRATIVE DIAGRAM OF SHARED PRIVATE DRIVES

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.2.5. Interior lots.

Applicability:

1.
Individual lots within a group development where the overall site abuts a public street and is designed in such a manner that access is furnished to all interior lots or building sites.
2.
Lots established to separate a cemetery or other similar use that requires permanent preservation from the remainder of the parcel shall also be considered interior lots.

Street frontage:

1.
Unless explicitly required in Section 2.4, lots within a group development are exempt from the street frontage requirements, provided they can be adequately served by emergency or service vehicles from a street or publicly-accessible road, as determined by the Technical Review Committee.
2.
Interior lots that are separated from a public street by common space shall be serviced by a private access easement, private right-of-way, or other means of permanent access that connects to the nearest public street.

FIGURE 4.2.5-A: ILLUSTRATIVE DIAGRAMS OF INTERIOR LOTS IN A GROUP DEVELOPMENT

FIGURE 4.2.5-A: ILLUSTRATIVE DIAGRAMS OF INTERIOR LOTS IN A GROUP DEVELOPMENT

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.2.6. Air lots.

Applicability:

1.
Air lots shall be considered any condominium unit or lot containing both horizontal and vertical dimensions and established as part of a shared structure.

Street frontage.

1.
Air lots established as part of a permitted group development are exempt from the street frontage requirements, provided they can be adequately served by emergency or service vehicles from a street or publicly-accessible road, as determined by the Technical Review Committee.

FIGURE 4.2.6-A: ILLUSTRATIVE DIAGRAMS OF AIR LOTS

FIGURE 4.2.6-A: ILLUSTRATIVE DIAGRAMS OF AIR LOTS

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

4.2.7. Environmental containment and conservation lots.

Applicability:

1.
Environmental containment and conservation lots may be permitted as a stand-alone parcel of land under the review procedures for minor subdivisions of land, or permitted as part of a broader plan of subdivision under the procedures for minor or major subdivisions of land.
2.
The applicant shall provide such evidence as may be required by the administrator to confirm the conservation purpose of the parcel. Examples of such evidence include but are not limited to conservation easement documents, deed restrictions, contracts with federal or state agencies, and similar.

Street frontage and dimensional requirements:

1.
Environmental containment and conservation lots are exempt from the road frontage requirements.

Structures.

1. 1.
  Structures shall not be permitted upon environmental containment or conservation lots.
2. 2.
  This requirement shall be included as restriction upon the deed, conservation easement, contract or other document that is binding upon the property owner.
3. 3.
  However, structures that are necessary to carry out the stated purpose of the environmental containment or conservation parcel may be permitted. Examples include but are not limited to agricultural structures upon working farms that are the subject of agricultural conservation easements, or structures upon properties that are subject to a conservation easement wherein recreation is a stated use and purpose of such easement. This provision shall not be construed to allow the establishment of residential, commercial or other uses upon environmental containment or conservation lots.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24 )

Effective on: 6/3/2024