11.1.1 Purpose.

The purpose of this Chapter is to establish an orderly process to develop land within the Town of Forest City. It is also the intent of this Chapter to provide a clear and comprehensive development process that is fair and equitable to all interests including the applicants, affected neighbors, Town staff, related agencies, the Planning Board, Board of Adjustment and the Town Board of Commissioners. Approved plans shall be the guiding documents for final approval and permitting.

11.1.2 Applicability.

(A)

The development review process applies to all new development and alterations of existing development within the Town of Forest City.

(B)

The Administrator may waive the required development review for a change in principal use, where such change would not result in a change in lot coverage, parking, or other site characteristics. The development review may also be waived if the Administrator determines that the submission of a development plan in accordance with this Chapter would serve no useful purpose.

(C)

The following chart indicates the appropriate approval process for each development type:

11.1.3 General Provisions.

Subject to NCGS 160D-403, the following general provisions for development approval shall apply:

(A)

To the extent consistent with the scope of regulatory authority granted by this Chapter, no person shall commence or proceed with development without first securing any required development approval from the Town with jurisdiction over the site of the development. A development approval shall be in writing and may contain a provision requiring the development to comply with all applicable State and local laws. The Town may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued.

(B)

Applications for development approvals may be made by the land owner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement.

(C)

Unless a different period is specified by this Ordinance or other specific applicable law, including for a development agreement, a development approval issued pursuant to this Chapter expires one (1) year after the date of issuance if the work authorized by the development approval has not been substantially commenced. Nothing in this subsection limits any vested rights secured under NCGS 160D-108 or NCGS 160D-108.1.

(D)

After a development approval has been issued, no deviations from the terms of the application or the development approval shall be made until written approval of proposed changes or deviations has been obtained. A minor modification to a development approval may be considered subject to Section 11.5. The Town shall follow the same development review and approval process required for issuance of the development approval in the review and approval of any major modification of that approval.

(E)

Administrative staff may inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with applicable State and local laws and of the terms of the approval. In exercising this power, staff are authorized to enter any premises within the jurisdiction of the Town at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials; provided, however, that the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured.

(F)

In addition to initiation of enforcement actions under NCGS 160D-404 and Section 15.7 of this Ordinance, development approvals may be revoked by the Town by notifying the holder in writing stating the reason for the revocation. The Town shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local development regulation or any State law delegated to the Town for enforcement purposes in lieu of the State; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable State or local law may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to NCGS 160D-405 and Section 15.4 of this Ordinance. If an appeal is filed regarding a development regulation adopted by a Town pursuant to this Chapter, the provisions of NCGS 160D-405(e) regarding stays apply.

(G)

The Town may, upon completion of work or activity undertaken pursuant to a development approval, make final inspections and issue a certificate of compliance or occupancy if staff finds that the completed work complies with all applicable State and local laws and with the terms of the approval. No building, structure, or use of land that is subject to a building permit shall be occupied or used until a certificate of occupancy or temporary certificate pursuant to NCGS 160D-1114 has been issued.

(Ord. of 6-20-16(2); Ord. No. FCUDO-2021-03, att., 6-21-21)

Editor's note— Ord. No. FCUDO-2021-03, att., adopted June 21, 2021, amended § 11.1 and in doing so changed the title of said section from "Purpose and Applicability" to "Purpose, Applicability, and General Provisions," as set out herein.

11.2.1 Zoning Permit Required.

(A)

No land shall be used or occupied and no building hereafter structurally altered, erected, or moved, shall be used, or its use changed, until a Zoning Permit shall have been issued by the Administrator stating that the building and/or the proposed use thereof complies with the provisions of this Ordinance. No Building Permit shall be issued and no building shall be occupied until that Permit is issued. The issuance of a valid Zoning Permit shall confer with it the right to undertake and complete the development and/or use of property under the terms and conditions of such Permit provided that such action as authorized by the Permit is commenced within 180 days of issuance and provided that all other permits are obtained. Otherwise the Permit shall be void.

(B)

Clearing, grading, or excavation may not be commenced without the issuance of a Zoning Permit, except in accordance with an approved Preliminary Plat for Major Subdivisions.

(C)

Zoning Permits are issued under this Ordinance only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this Ordinance if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and all development shall occur strictly in accordance with such approved plans and applications.

(D)

A Zoning Permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority.

11.2.2 Zoning Permit Not Required.

Notwithstanding any other provisions of this Ordinance, no zoning permit is necessary for the following uses:

(A)

Street construction or repair

(B)

Electric power, telephone, telegraph, cable television, gas, water and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.

(C)

Specific signs exempted in Chapter 6 of this Ordinance.

(D)

Mailboxes, newspaper boxes, fences, walls, birdhouses, flag poles, pump covers and doghouses.

(E)

Interior alterations and renovations which do not alter the footprint, elevation, height, or use of an otherwise conforming use and/or structure.

11.2.3 Application Procedures.

(A)

Applications for a Zoning Permit will be accepted only from persons having the legal authority to take action in accordance with the permit. By way of illustration, in general this means that applications should be made by the owners of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Ordinance, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees). The Administrator may require an applicant to submit evidence of his/her authority to submit the application whenever there appears to be a reasonable basis for questioning this authority.

(B)

All applications for Zoning Permits must be complete before the Administrator is required to consider the application. An application is complete when it contains all the information necessary for the permit-issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this Ordinance.

(C)

A completed application form for a Zoning Permit shall be submitted by filing a copy of the application with the Administrator. A fee, set by the Town Board of Commissioners, shall be charged for the processing of such application. The adopted fee schedule shall be available at Town Hall.

(D)

For single-family and two-family residential structures, a plot plan and the following information shall be submitted to the Administrator with the Zoning Permit application and fee:

(1)

The shape and dimensions of the lot on which the proposed building or use is to be erected or conducted;

(2)

The location of said lot with respect to adjacent rights-of-way;

(3)

The shape, dimensions and location of all buildings, existing and proposed, on said lot;

(4)

The nature of the proposed use of the building or land, including the extent and location of the use, on said lot;

(5)

The location and dimensions off-street parking and driveways;

(6)

Building elevations of the front facade; and

(7)

Any other information which the Administrator may deem necessary for consideration in enforcing the provisions of this Ordinance.

(E)

For all other developments requiring a Zoning Permit, a Site Plan shall be submitted in accordance with the development plan requirements of Chapter 12 and follow the approval process outlined in Section 11.3 prior to Zoning Permit issuance by the Administrator. Any development project requiring a Special Use Permit, shall follow the Board of Adjustment approval process outlined in Section 11.4 prior to Zoning Permit issuance by the Administrator.

11.2.4 Zoning Permit Approval, Effect of Approval and Compliance.

(A)

The Administrator shall issue the Zoning Permit unless he/she finds, after reviewing the application and consulting with the applicant that:

(1)

The requested permit is not within his/her jurisdiction according to the Permitted Uses Table, or

(2)

The application is incomplete, or

(3)

If completed as proposed in the application, the development will not comply with one (1) or more requirements of this Ordinance, not including those requirements concerning which a Variance has been granted or those requirements that the applicant is not required to comply with under the circumstances specified in Chapter 13 Nonconformities.

(B)

No Zoning Permit shall be issued to any person who has failed, after notice, to remedy defective work or otherwise comply with the Town of Forest City Code of Ordinances, this Ordinance, or the laws of the State of North Carolina.

(C)

Issuance of a Zoning Permit, authorizes the recipient to commence the activity resulting in a change in use of the land or (subject to obtaining a building permit) to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures. However, the intended use may not be commenced, no building may be occupied until all of the requirements of this Ordinance, and all additional requirements imposed pursuant to the issuance of a Zoning Permit, have been complied with. In cases when, because of weather conditions or other factors beyond the control of the Zoning Permit recipient (exclusive of financial hardship), it would be unreasonable to require the Zoning Permit recipient to comply with all of the requirements of this Ordinance prior to commencing the intended use of the property or occupying any buildings, the Administrator may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this Ordinance are concerned) if the permit recipient provides a performance bond or other security satisfactory to the Administrator to ensure that all of the requirements of this Ordinance will be fulfilled within a reasonable period (not to exceed twelve (12) months) determined by the Administrator.

(D)

No building which has been erected, added to, relocated, or structurally altered for which a building permit has been issued shall be used or occupied nor the use of any building or land changed until a Certificate of Occupancy has been issued by the Building Inspector stating that the building or structure or part thereof complies with the North Carolina State Building Code and the provisions of this Ordinance. No previously unoccupied structure shall be occupied until a Certificate of Occupancy is issued.

(E)

No temporary utilities shall be connected until a building permit is issued. No permanent utilities shall be connected until a Certificate of Occupancy is issued.

11.2.5 Right of Appeal. If a Zoning Permit is denied, then the applicant may appeal the action of the Administrator to the Board of Adjustment in accordance with Section 15.4. Such appeal shall be made within thirty (30) days of such permit denial.

11.2.6 Effect of Permit on Successors and Assigns.

Zoning Permits authorize the permittee to make use of land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion covered under a permit continues to be used for the purposes for which the permit was granted, then:

(A)

No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit, and

(B)

The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having an interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice.

(Ord. of 6-20-16(2); Ord. No. FCUDO-2021-03, att., 6-21-21)

Zoning Permits requiring Site Plans shall be approved administratively. The steps in the boxes below correspond with a detailed description of each step of the process on the following pages.

Step 1. Pre-Application Meeting with Sketch Plan. (optional)

(A)

To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this Ordinance, pre-application consultation between the developer and the Administrator concerning the application of this Ordinance to the proposed development is recommended.

(B)

Before submitting a Zoning Permit application and Site Plan, the developer may submit to the Administrator a Sketch Plan in accordance with requirements of Section 12.3. The Administrator shall meet with the developer as soon as conveniently possible to review the Sketch Plan.

(C)

The Administrator shall review the Sketch Plan for general compliance with the requirements of this Ordinance and any other applicable requirements. The Administrator shall advise the developer or his authorized agent of the regulations pertaining to the proposed development and the procedures to be followed.

(D)

One (1) copy of the Sketch Plan shall be retained as a part of the record of the Administrator with one (1) copy being returned to the developer or his authorized agent along with any comments made by the Administrator concerning the proposed development.

Step 2. Applicant Submits Application and Site Plan. The applicant shall submit the applicable application, fee and the Site Plan that meets the development plan requirements of Section 12.6 and other required materials.

Step 3A and B. Administrator and Other Applicable Agency Review.

(A)

The Administrator and other applicable agencies shall review the Site Plan in accordance with the requirements of this Ordinance and any other applicable requirements.

(B)

Other applicable agencies may provide comments to the Administrator regarding the design of the development. It shall be the responsibility of the Administrator to address those comments, wherever possible. The reviewing government agencies and officials may include, but need not be limited to the following: Public Works Department, Fire Marshal, Police Department, Building Inspector, Town Attorney, NCDOT, NCDENR, Utilities Providers, Health Department, Board of Education, Rural Planning Organization, US Army Corps of Engineers, contracted expertise and other agencies as needed.

Step 4. Administrative Approval. If a Site Plan is found to meet all of the applicable regulations of this Ordinance, then the Administrator shall issue a Zoning Permit. The developer may then obtain a building permit from the Building Inspections Department.

Step 5. Final Building and Zoning Inspections for Certificate of Occupancy. Prior the issuance of a Certificate of Occupancy by the Building Inspector, the Administrator or his designee shall conduct a final zoning inspection to ensure that the approved plan has been followed and all required improvements have been installed to Town standards.

(Ord. of 6-20-16(2))

Special Use Permits shall be reviewed and approved by the Board of Adjustment, subject to NCGS 160D-406 and 160D-705 and Section 15.4 of this Ordinance. The steps in the boxes below correspond with a detailed description of each step of the process on the following pages.

Step 1. Pre-Application Meeting with Administrator to Review Sketch Plan.

(A)

To minimize development planning costs, avoid misunderstanding or misinterpretation and ensure compliance with the requirements of this Ordinance, pre-application consultation between the developer and the Administrator concerning the application of this Ordinance to the proposed development is required.

(B)

Before submitting an application authorizing a Special Use Permit, the developer shall submit to the Administrator a Sketch Plan in accordance with requirements of Section 12.3. The Administrator shall meet with the developer as soon as conveniently possible to review the Sketch Plan.

(C)

The Administrator shall review the Sketch Plan for general compliance with the requirements of this Ordinance and any other applicable requirements. The Administrator shall advise the developer or his authorized agent of the regulations pertaining to the proposed development and the procedures to be followed.

(D)

One (1) copy of the Sketch Plan shall be retained as a part of the record of the Administrator with one (1) copy being returned to the developer or his authorized agent along with any comments made by the Administrator concerning the proposed development.

Step 2. Formal Application Submittal. The applicant shall submit the applicable application, fee and the Special Use Permit Site Plan that meets the requirements of Section 12.6 and other required materials.

Step 3A and B. Administrator and Other Applicable Agency Review.

(A)

The Administrator and other applicable agencies shall review the Special Use Permit Site Plan in accordance with the requirements of this Ordinance and any other applicable requirements.

(B)

Other applicable agencies may provide comments to the Administrator regarding the design of the development. It shall be the responsibility of the Administrator to address those comments, wherever possible. The reviewing government agencies and officials may include, but need not be limited to the following: Public Works Department, Fire Marshal, Police Department, Building Inspector, Town Attorney, NCDOT, NCDEQ, Utilities Providers, Health Department, Board of Education, Rural Planning Organization, US Army Corps of Engineers, contracted expertise and other agencies as needed.

Step 4. Public Notice.

(A)

For Special Use Permits, the following notice shall be given, in accordance with NCGS 160D-406:

(B)

The Administrator shall mail written notice of the quasi-judicial evidentiary hearing via certified class mail to the owners of all adjacent properties. The notice shall be deposited in the mail at least ten (10) but not more than twenty-five (25) days prior to the date of the public hearing. The notices required by this Section shall state the date, time and place of the hearing, reasonably identify the lot that is the subject of the application or appeal, and give a brief description of the action requested or proposed.

(C)

The Administrator shall also post notices of the quasi-judicial evidentiary hearing on the subject property or on an adjacent public street or highway right-of-way. When multiple parcels are involved, a posting on each individual parcel is not required, but the Town shall post sufficient notices to provide reasonable notice to interested persons. The Administrator may elect to take any other action deemed to be useful or appropriate to give notice of the public hearing on any proposed amendment. The notice(s) shall be posted no less than ten (10) days prior to date of the hearing.

(D)

The Board of Adjustment may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six (6) weeks or more elapses between hearing dates.

Step 5. Board of Adjustment Evidentiary Hearing and Consideration.

(A)

Before making a decision on an application, the Board of Adjustment shall hold a quasi-judicial evidentiary hearing.

(B)

The Board of Adjustment shall approve, approve with conditions, or deny the request following the hearing. In granting a Special Use Permit the Board of Adjustment shall make written findings that the applicable regulations of the district in which it is located are fulfilled. With due regard to the nature and state of all adjacent structures and uses, the district within which same is located, and official plans for future development, the Board of Adjustment shall also make written findings that the following provisions are fulfilled:

(1)

The use requested is among those listed as an eligible Special Use in the district in which the subject property is located.

(2)

That the Special Use will not materially endanger the public health or safety if located where proposed and developed according to the plan as proposed.

(3)

That the Special Use meets all required conditions and specifications; and that satisfactory provision and arrangement has been made for at least the following, where applicable:

(a)

Satisfactory ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control.

(b)

Provision of off-street parking and loading areas, where required, and the economic, noise, glare and odor effects of the Special Use on adjoining properties in the area.

(c)

Adequate and proper utilities, with reference to locations, availability and compatibility.

(d)

Buffering, with reference to type, location and dimensions.

(e)

Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.

(f)

Playgrounds, open spaces, yards, landscaping, access ways, pedestrian ways, with reference to location, size and suitability.

(g)

Buildings and structures, with reference to location, size and use.

(h)

Hours of operation, with particular reference to protecting and maintaining the character of the neighborhood.

(i)

That the location and character of the Special Use if developed according to the plan as proposed will be in harmony with the area in which it is to be located or is public necessity and in general conformity with the Comprehensive Plan, Comprehensive Transportation Plan, or other plan officially adopted by the Town.

(C)

The applicant has the burden of producing competent, material and substantial evidence to establish the facts and conditions. If any person submits evidence allegedly contrary to any of the facts or conditions, the burden-of-proof for overcoming such evidence shall rest with the applicant.

(D)

In granting a Special Use Permit, the Board may impose such conditions upon such Permit as it may deem necessary in order that the purpose and intent of this Ordinance are served, public welfare secured and substantial justice done, subject to the authority granted by North Carolina General Statutes. If all requirements and conditions are accepted by the applicant, the Board shall authorize the issuance of the Special Use Permit, otherwise the Permit shall be denied. Any Special Use Permit so authorized shall be perpetually binding upon the property included in such permit unless subsequently changed or amended by the Board, as provided for in this Section. The applicant shall provide written consent to conditions to ensure enforceability.

(E)

Minor modifications to the approval may be considered subject to Section 11.5.

Step 6. Additional Approvals as Required.

Approval of a Special Use Permit by the Board of Adjustment does not constitute final approval of the development plan. Development plans that have received a Special Use Permit may still be subject to additional approval processes depending on the size and type of development that is proposed.

(Ord. of 6-20-16(2); Ord. No. FCUDO-2021-03, att., 6-21-21)

Editor's note— Ord. No. FCUDO-2021-03, att., adopted June 21, 2021, amended § 11.4 and in doing so changed the title of said section from "Conditional Use Permit Provisions" to "Special Use Permit Provisions," as set out herein.

In accordance with NCGS 160D-403(d), minor modifications to approved development plans including Special Use Permits, Subdivisions, Conditional Zoning plans, and other development approvals with Site Plans may be approved by the Administrator subject to the following criteria:

(A)

For purposes of this Section, minor modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. A minor modification is a change that does not:

(1)

Substantially change any condition of approval;

(2)

Alter the layout of the development plan by more than ten percent (10%) of the total development area;

(3)

Increase the number of residential units or residential density;

(4)

Decrease the amount of open space or increase the amount of impervious area by more than ten percent (10%);

(5)

Significantly change the location of vehicular and pedestrian access or circulation; or

(6)

Add or take away the provision of public water or sewer.

(B)

All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Board of Adjustment, new conditions may be imposed, but the applicant retains the right to reject such additional conditions by withdrawing his/her request for an amendment and may then proceed in accordance with the previously issued permit.

(C)

A developer requesting approval of changes shall submit a written request for such approval to the Administrator, and that request shall identify the changes. Approval of all changes must be given in writing.

(Ord. of 6-20-16(2); Ord. No. FCUDO-2021-03, att., 6-21-21)

Editor's note— Ord. No. FCUDO-2021-03, att., adopted June 21, 2021, amended § 11.5 and in doing so changed the title of said section from "Amendments to and Modifications of Permits" to "Minor Modifications to Approved Plans," as set out herein.

11.6.1 Subdivisions Defined.

(A)

All plats and proposed subdivisions shall be reviewed by the Administrator for initial determination as to whether the proposed subdivision is to be classified as a subdivision or is exempt from subdivision requirements subject to NCGS 160D-802. Resultant lots shall meet minimum zoning district standards even if the creation of such lots is exempt from the Subdivision regulations of this Section.

(B)

For the purpose of this Ordinance, "Subdivision" shall mean all divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations of this Section:

(1)

The combination or recombination 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 standards of this Ordinance;

(2)

The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved;

(3)

The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors;

(4)

The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant Lots are equal to or exceed the standards of this Ordinance;

(5)

The division of land into burial plots where no street right-of-way dedication is involved; and,

(6)

The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under NCGS Chapter 29. (Note: Although the division of land by will is exempt from the requirements of this Ordinance, the resultant lots may not be eligible for a Zoning Permit if the lots do not meet the dimensional standards and requirements of this Ordinance.)

(C)

The Town may require only a plat for recordation for the division of a tract or parcel of land in single ownership if all of the following criteria are met:

(1)

The tract or parcel to be divided is not exempted as a division of land into parcels of greater than ten (10) acres where no street right-of-way dedication is involved;

(2)

No part of the tract or parcel to be divided has been divided under this subsection in the ten (10) years prior to division;

(3)

The entire area of the tract or parcel to be divided is greater than five (5) acres;

(4)

After division, no more than three (3) lots result from the division; and

(5)

After division, all resultant lots comply with all of the following:

• All lot dimension size requirements of the applicable land-use regulations, if any;

• The use of the lots is in conformity with the applicable zoning requirements, if any; and

• A permanent means of ingress and egress is recorded for each lot.

(D)

Subdivision Exemption. If the Administrator determines that a division of land does not meet the definition of a subdivision as set forth by NCGS 160A-376 (see Appendix A Definitions) and Subsection (B) above, then the division shall be considered a subdivision exemption and shall not be subject to the entire subdivision review process. The Administrator shall ensure that resultant lots comply with the dimensional, frontage and access requirements of the zoning district in which the property is located. Where a public street is to be created, dedicated and platted as part of the division, the division shall not be exempt from the provisions of this Ordinance regardless of any other factors. If the Administrator determines that the proposed division is exempt from the subdivision provisions of this Ordinance, the plat shall be endorsed with the following certificate, signed and dated by all record property owner(s) with direct interest in the property and the Administrator:

Certificate of "No Approval Required"

This division of land does not meet the definition of a subdivision as set forth by North Carolina General Statute 160D-802 and is not subject to the subdivision standards or subdivision review process of the Town of Forest City. The minimum lot requirements for the subject zoning district have been met.

(E)

Major Subdivision. Major Subdivisions are those subdivisions which involve more than five (5) lots or more than 10 acres, those Subdivisions which involve the dedication of new street segments (but not simply widening), those Subdivisions where special developments are involved as permitted by this Ordinance, and those subdivisions that involve dedication or reservation of land for open space, school sites and other public purposes.

(F)

Minor Subdivisions. Minor Subdivisions include all other subdivisions that do not meet the definitions of exempt subdivision and major subdivision above.

11.6.2 Major Subdivision Approval Process (includes Conservation Subdivisions).

The steps shown in the following diagram correspond with a detailed description of each step of the process on the following pages.

Step 1. Pre-Application Meeting with Sketch Plan and Existing Features Plan.

(A)

To minimize subdivision planning costs, avoid misunderstanding or misinterpretation and ensure compliance with the requirements of this Ordinance, pre-application consultation between the developer and the Administrator concerning the application of this Ordinance to the proposed subdivision is required.

(B)

Before submitting an application authorizing a subdivision that consists of or contains a Subdivision, the developer shall submit to the Administrator an Existing Features Plan and a Sketch Plan in accordance with requirements of Sections 12.2 and 12.3. The Administrator shall meet with the developer as soon as conveniently possible to review the Sketch Plan.

(C)

The Administrator shall review the Sketch Plan for general compliance with the requirements of this Ordinance and any other applicable requirements. The Administrator shall advise the developer or his authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed.

(D)

One (1) copy of the Sketch Plan shall be retained as a part of the record of the Administrator with one (1) copy being returned to the developer or his authorized agent along with any comments made by the Administrator concerning the proposed subdivision.

Step 2. Applicant Submits Preliminary Plat. The applicant shall submit to the Administrator a completed application form, a complete Preliminary Plat (see Chapter 12) and a filing fee as established by the Town Board of Commissioners. These completed items shall be submitted a minimum of 30 days prior to the Planning Board meeting at which they will be reviewed.

Step 3a and b. Administrator and Other Applicable Agency Review of Preliminary Plat and Construction Plans.

(A)

The Administrator shall review the Preliminary Plat and Construction Plans to ensure compliance with the requirements of this Ordinance.

(B)

Other applicable agencies may provide comments to the Administrator regarding the design of the subdivision. It shall be the responsibility of the Administrator to address those comments, wherever possible. The reviewing government agencies and officials may include, but need not be limited to the following: Town Maintenance Department, Fire Marshal, Police Department, Building Inspector, Town Attorney, NCDOT, NCDENR, Utilities Providers, Health Department, Board of Education, Rural Planning Organization, US Army Corps of Engineers, contracted expertise and other agencies as needed.

Step 4. Planning Board Review and Recommendation.

(A)

Upon receipt of the comments and recommendations from other applicable agencies, the Administrator shall submit to the Planning Board an analysis of the application and his/her recommendation.

(B)

The Planning Board shall recommend approval, conditional approval, or disapproval of the Preliminary Plat within a period of 90 days of its first consideration. If conditional approval or if disapproval is recommended, the reasons for such action shall be stated in writing and reference shall be made to the specific section or sections of this Ordinance with which the Preliminary Plat does not comply. If the Planning Board fails to act within the 90-day time period, the applicant may request approval by the Town Board of Commissioners at its next scheduled meeting provided the Preliminary Plat is filed with the Town Clerk at least 10 working days prior to the next scheduled meeting.

(C)

The Administrator shall notify the Town Clerk and applicant of the Board's decision and the Clerk shall transmit the Plat with the Planning Board's recommendations including any conditions or modifications to the Town Board of Commissioners. If conditionally approved, the Planning Board may require that the developer submit a revised Preliminary Plat.

Step 5. Town Board of Commissioners Review and Approval of Preliminary Plat.

(A)

Upon receipt of the Preliminary Plat and the Planning Board's recommendation, the Board of Commissioners shall review it for compliance with the requirements of this Ordinance and consider the recommendations of the Planning Board and other reviewers, if any. The Board shall approve, approve conditionally, or disapprove the preliminary plat within 60 days of submittal by the Planning Board.

(B)

If the Board of Commissioners approves the Preliminary Plat, approval shall be noted on all copies submitted; at least two (2) copies shall be retained by the Administrator.

(C)

If the plat is approved with conditions, the conditions and the reasons for the conditional approval shall be recorded in the minutes of the meeting and a copy of any conditions shall be attached to the plats.

(D)

If the Board of Commissioners disapproves the Preliminary Plat, the reasons for disapproval shall be stated in the minutes of the meeting and reference shall be made to the specific section(s) of this Ordinance with which the plat does not comply. The applicant shall receive written notification of the reasons for disapproval. The applicant may make the recommended revisions and submit a revised Preliminary Plat.

(E)

Approval of the Preliminary Plat shall be effective for a period not to exceed two (2) years, and shall thereafter expire and be considered null and void, unless a petition for an extension of time is submitted to and subsequently approved by the Planning Board.

Step 6. Improvements Installed and Inspected or Guaranteed.

(A)

The applicant shall proceed with the installation of improvements as shown on the Preliminary Plat and Construction Plans and in accordance with Chapter 10 infrastructure requirements.

(B)

Approval of the Final Plat shall be subject to the developer having installed the required improvements or having guaranteed, to the satisfaction of the Town, the installation of said improvements. The Town's consulting engineer shall inspect the improvements to ensure compliance with Town standards prior to approval of the Final Plat. Underground utilities shall be inspected by the Town's consulting engineer before they are covered.

(C)

In lieu of requiring the completion, installation and dedication of all improvements prior to Final Plat approval, the Town may enter into an agreement with the developer whereby the developer shall agree to complete all required improvements as specified by the approved Preliminary Plan for that portion of the subdivision to be shown on the Final Plat within a mutually agreed upon specified time period, subject to NCGS 160D-804.1 and Section 11.6.8 of this Ordinance with respect to performance guarantees.

Step 7. Applicant Submits Final Plat.

(A)

The applicant shall submit the applicable application, fee and the Final Plat that meets the requirements of Chapter 12 and other required materials.

(B)

The Final Plat shall constitute only that portion of the approved Preliminary Plat which the developer proposed to develop and record at the time of submission.

Step 8a and b. Administrator and Other Applicable Agency Review.

(A)

The Administrator and other applicable agencies shall review the Final Plat Site Plan in accordance with the requirements of this Ordinance and any other applicable requirements.

(B)

Other applicable agencies may provide comments to the Administrator regarding the proper installation of required improvements as shown on the Preliminary Plat. It shall be the responsibility of the Administrator to address those comments, wherever possible. The reviewing government agencies and officials may include, but need not be limited to the following: Town Maintenance Department, Fire Marshal, Police Department, Building Inspector, Town Attorney, NCDOT, NCDENR, Utilities Providers, Health Department, Board of Education, Rural Planning Organization, US Army Corps of Engineers, contracted expertise and other agencies as needed.

(C)

The Administrator shall check the Final Plat for conformance with the approved Preliminary Plat and with the requirements of these regulations. The Administrator shall notify the developer in writing of any non-compliance with these regulations or any deviation from the approved Preliminary Plat.

Step 9. Administrator Approval of Final Plat.

(A)

The Administrator shall approve or disapprove the Final Plat within the period of 30 calendar days of the final plat submittal. If the Administrator disapproves the Final Plat, the reasons for such action shall be transmitted by letter to the developer or his agent, and reference shall be made to the specific section or sections of this Ordinance with which the Final Plat does not comply.

(B)

The Final Plat shall be properly signed and executed as required for recording by the Register of Deeds of Rutherford County. The approved final plat must be recorded with the Register of Deeds of Rutherford County within 30 days after approval by the Administrator.

Step 10. Applicant Records Final Plat at Register of Deeds. Within 30 days after the Final Plat has been approved by the Planning Board, it shall have been recorded with the Register of Deeds of Rutherford County. Should this time limit expire before the plat is recorded, it must be re-submitted to the Administrator for reprocessing.

11.6.3 No Subdivision or Improvements Without Plat Approval.

(A)

The Rutherford County Register of Deeds shall not thereafter file or record a plat of a subdivision located within the territorial jurisdiction of the Town of Forest City until said plat has been approved. Without the approval, the filing or recording of a subdivision plat shall be null and void. The Clerk of Superior Court of Rutherford County shall not order or direct the recording of a plat where such recording would be in conflict with this Ordinance.

(B)

No person may subdivide his/her land except in accordance with all of the provisions of this Ordinance. In particular, no person may subdivide his/her land unless and until a Final Plat of the subdivision has been approved and recorded in the Rutherford County Register of Deeds.

(C)

No grading or physical improvements to land to be subdivided may be commenced except in accordance with and pursuant to the approved Preliminary Plat.

(D)

No Zoning Permit or Building Permit shall be issued by the Town of Forest City for the construction of any building on any lot within a proposed subdivision until a Final Plat of said subdivision has been approved in a manner as prescribed by this Ordinance and recorded at the Rutherford County Register of Deeds Office.

(E)

A Final Plat must be recorded before final sale or lease of lots can occur. However, the developer, upon approval of a Preliminary Plat, may enter into contracts to sell or lease the lots shown on the approved Preliminary Plat, provided that the contract does all of the following:

(1)

Incorporates as an attachment a copy of the approved Preliminary Plat referenced in the contract and obligates the owner to deliver to the buyer a copy of the approved and recorded Final Plat prior to closing and conveyance.

(2)

Plainly and conspicuously notifies the prospective buyer or lessee that a final subdivision plat has not been approved or recorded at the time of the contract, that no governmental body will incur any obligation to the prospective buyer or lessee with respect to the approval of the final subdivision plat, that changes between the Preliminary and Final Plats are possible, and that the contract or lease may be terminated without breach by the buyer or lessee if the final approved and recorded plat differs in any material respect from the approved Preliminary Plat.

(3)

Provides that if the approved and approved and recorded Final Plat does not differ in any material respect from the plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than 5 days after the delivery of a copy of the final approved and recorded plat.

(4)

Provides that if the approved and recorded Final Plat differs in any material respect from the approved Preliminary Plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than 15 days after the delivery of the final approved and recorded plat, during which 15-day period the buyer or lessee may terminate the contract without breach or any further obligation and may receive a refund of all earnest money or prepaid purchase price.

11.6.4 Exceptions from Subdivision Requirements.

Where strict adherence to any of the provisions of Chapter 10 infrastructure requirements would cause unnecessary hardship, due to topographical or other conditions peculiar to the site in regards to the installation of the improvements, the Planning Board may recommend and the Board of Commissioners may approve an exception at the Preliminary Plat stage of the subdivision approval process. The reasons for the granting of any such exception shall be clearly specified and entered into the minutes of the Board of Commissioners.

11.6.5 Completing Subdivisions in Phases.

(A)

All phase line shall be shown on the Preliminary Plat.

(B)

If a subdivision that is to be built in phases includes common area improvements that are designed to relate to, benefit, or be used by the entire subdivision (such as a swimming pool or tennis courts in a residential subdivision) then, as part of his/her application for subdivision approval, the developer shall submit a proposed schedule for completion of such common area improvements. The schedule shall relate completion of such common area improvements to completion of one (1) or more phases of the entire subdivision. Once a schedule of improvements has been approved, no land may be used or no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved.

11.6.6 Preliminary Plat Validity.

(A)

The applicant shall submit an amended application for review as an original application if he/she proposes to substantially amend or modify his/her application after the Town Board of Commissioners has approved the Preliminary Plat. This shall not apply to minor changes. A change may be considered a minor change if it does not involve any of the following:

(1)

Any substantive change in a condition of approval;

(2)

An increase in the number of building lots proposed;

(3)

Any substantial change in the location of, or any decrease in, the amount of open space, buffers, or areas reserved for recreational use;

(4)

Any substantial change in pedestrian and/or vehicular access or circulation including road classification;

(5)

Any change in the provision of services such as water supply and wastewater disposal; and

(6)

Any substantial change in the location of utilities or other easements.

(B)

The approval of a Preliminary Plat shall be effective for two (2) years from the date of approval by the Town Board of Commissioners. By the end of that time period, a Final Plat shall have been approved and recorded. Any plat or portion thereof not receiving final approval within the time period set forth herein shall be null and void except under the following conditions:

(1)

The subdivision is built in sections or phases, and was approved as part of the Preliminary Plat; and

(2)

The period between the approval date of the Preliminary Plat and the approval date of the Final Plat for the first phase does not exceed two (2) years; and

(3)

The period between the approval date of the Final Plat of the first phase and the approval date(s) of the Final Plat(s) of any subsequent phase(s) does not exceed the time limits specified in the phasing schedule of the Preliminary Plat.

(C)

The Town Board may upon expiration of a Preliminary Plat re-approve the expired Preliminary Plat or portions thereof, as long as the subdivision design and conditions of approval are in compliance with this Ordinance, and any other applicable Town ordinances and/or plans in effect at the time of application for re-approval, and changes to the original design or conditions of approval are considered minor.

11.6.7 Plat Approval Not Acceptance of Dedication Offers.

Approval of a plat does not constitute acceptance by the Town of the offer of dedication of any streets, sidewalks, parks, or other public facilities shown on a plat. However, the Town may accept any such offer of dedication by resolution of the Town Board of Commissioners or by actually exercising control over and maintaining such facilities.

11.6.8 Protection Against Defects.

To assure compliance with G.S. 160D-804 and other development regulation requirements, a subdivision regulation may provide for performance guarantees to assure successful completion of required improvements. For purposes of this section, all of the following apply with respect to performance guarantees:

(A)

Type.

The type of performance guarantee shall be at the election of the developer. The term "performance guarantee" means any of the following forms of guarantee:

(1)

Surety bond issued by any company authorized to do business in this State.

(2)

Letter of credit issued by any financial institution licensed to do business in this State.

(3)

Other form of guarantee that provides equivalent security to a surety bond or letter of credit.

(B)

Duration.

The duration of the performance guarantee shall initially be one (1) year, unless the developer determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one (1) year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration.

(C)

Extension.

A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of the Town, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period. An extension under this subdivision shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall be determined by the procedure provided in subdivision (3) of this subsection and shall include the total cost of all incomplete improvements.

(D)

Release.

The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgement by the Town that the improvements for which the performance guarantee is being required are complete. The Town shall return letters of credit or escrowed funds upon completion of the required improvements to its specifications or upon acceptance of the required improvements, if the required improvements are subject to Town acceptance. When required improvements that are secured by a bond are completed to the specifications of the Town, or are accepted by the Town, if subject to its acceptance, upon request by the developer, the Town shall timely provide written acknowledgement that the required improvements have been completed.

(E)

Amount.

The amount of the performance guarantee shall not exceed one hundred twenty-five percent (125%) of the reasonably estimated cost of completion at the time the performance guarantee is issued. The Town may determine the amount of the performance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include one hundred percent (100%) of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional twenty-five percent (25%) allowed under this subdivision includes inflation and all costs of administration regardless of how such fees or charges are denominated. The amount of any extension of any performance guarantee shall be determined according to the procedures for determining the initial guarantee and shall not exceed one hundred twenty-five percent (125%) of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.

(F)

Timing.

The Town, at its discretion, may require the performance guarantee to be posted either at the time the plat is recorded or at a time subsequent to plat recordation.

(G)

Coverage.

The performance guarantee shall only be used for completion of the required improvements and not for repairs or maintenance after completion.

(H)

Legal Responsibilities.

No person shall have or may claim any rights under or to any performance guarantee provided pursuant to this subsection or in the proceeds of any such performance guarantee other than the following:

(1)

The Town to whom the performance guarantee is provided.

(2)

The developer at whose request or for whose benefit the performance guarantee is given.

(3)

The person or entity issuing or providing the performance guarantee at the request of or for the benefit of the developer.

(I)

Multiple Guarantees.

The developer shall have the option to post one (1) type of a performance guarantee as provided for in subdivision (1) of this section, in lieu of multiple bonds, letters of credit, or other equivalent security, for all development matters related to the same project requiring performance guarantees.

(J)

Exclusion.

Performance guarantees associated with erosion control and stormwater control measures are not subject to the provisions of this section. (2020-25, s. 20(b).)

11.6.9 Acceptance of Dedicated Areas.

(A)

All facilities and improvements with respect to which the owner makes an offer of dedication to public use shall be maintained by the owner until such offer of dedication is accepted by the appropriate public authority.

(B)

Acceptance of improvements for maintenance by the Town shall be in accordance the Town's acceptance policy. Acceptance shall not occur until the development project is at least seventy-five percent (75%) built and all improvements are installed as shown on the approved plan. No improvements shall be accepted until such have been inspected and certified by an applicable state agency, Town Public Works Director, Town Engineer, and/or contracted certified Professional Engineer.

(Ord. of 6-20-16(2); Ord. No. FCUDO-2021-03, att., 6-21-21)