The Board of Commissioners shall set a fee or fees, payable to the county, to be paid by the applicant/owner(s) to cover the necessary processing, administrative, review, advertising, if applicable, and related costs of all permits and plan reviews. The set fee shall be posted in the county’s Planning Department Office.

(Ord. passed 10-17-2011)

   (A)   Land use and zoning permit. After the adoption of this chapter, it shall be unlawful to establish, move, or alter any use other than a bona fide farm or obtain a permit from the Health Department unless a land use and zoning permit is applied for and issued by the Administrator. The Administrator shall maintain a record of all land use and zoning permits. Failure to obtain a land use and zoning permit shall be a violation of this chapter and punishable under § 153.999. In no case shall a land use and zoning permit be issued for a building, or portion therefor, which is located on a parcel of land that is currently in violation of any provisions of this chapter.

      (1)   Application for land use and zoning permits. Owner(s) or owner’s agent shall submit application for a land use and zoning permit and all information that is necessary for staff to determine if all requirements of this chapter are being met. The land use and zoning permit application shall include the following:

         (a)   Scale drawing showing the information listed below. A surveyed drawing is required for all lots ten acres or less:

            1.   The actual dimensions and shape of the lot to be built upon;

            2.   The exact sizes and locations on the lot of buildings already existing, if any; and

            3.   The location and dimensions of the proposed building or alteration.

         (b)   Existing or proposed uses of the building and land;

         (c)   The number of families or rental units the building is designed to accommodate;

         (d)   Conditions existing on the lot, and such;

         (e)   Other matters and/or information as may be necessary to determine conformity with, and provide for the enforcement of this chapter;

         (f)   Other information as may be required by the Administrator; and

         (g)   No deed, conditional sales agreement, or instrument of transfer copy shall be required of any applicant who is making application for property which is the subject of intestate succession.

      (2) Distribution of application. One copy of the submittal materials shall be kept by the Administrator after he or she shall have marked such copy either as approved or disapproved and issued a land use and zoning permit. The second copy of the plans, similarly marked, shall be retained by the Department of Public Health.

      (3)   Construction and use to be as stated on land use and zoning permit. Land use and zoning permits issued on the basis of plans and applications approved by the Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided by § 153.999.

      (5)   Right of appeal. If a land use and zoning permit is denied, the applicant may appeal within 30 days of the action of the Administrator to the Board of Adjustment.

   (B)   Temporary land use and zoning permit.

      (1)   Temporary events. A temporary land use and zoning permit may also be issued for temporary events, such as bazaars, carnivals, religious meetings, or seasonal special events, provided that such events shall comply with the requirements for such in §§ 153.105 through 153.115.

      (2)   Temporary recreational vehicles.

         (a)   A temporary land use and zoning permit for a recreational vehicle may be issued for a period of 180 days, renewable for an additional 30 days from staff, or longer as approved by the Board of Adjustment if it is deemed reasonable to allow completion of work, when an existing or proposed primary or secondary residence or commercial facility is deemed uninhabitable due to renovation or construction. Application shall be made for a temporary land use and zoning permit before the use is initiated and not prior to application for a building permit for construction of the primary or secondary residence or commercial facility. The temporary land use and zoning permit shall expire 30 days after issuance of a certificate of occupancy (CO) for the primary or secondary residence or commercial facility.

         (b)   One recreational vehicle or travel trailer may be parked on the rear or side yard of a lot where a religious assembly structure is located and the recreational vehicle or travel trailer can be used as living quarters by pastors, evangelists, missionaries, gospel singing groups, or church workers affiliated with the religious assembly structure.

   (C)   Certificate of occupancy (CO) and building permits.

      (1)   No new building or part thereof shall be occupied, no addition or enlargement of any existing building shall be occupied, no existing building after being altered or moved shall be occupied, and no change of occupancy shall be made in any existing building or part thereof, until the Building Inspector has issued a certificate of occupancy. The change of occupancy provision shall not apply to rooms intended for transient rental or to re-rental of individual apartment rentals.

      (2)   Prior to issuance of a certificate of occupancy on all manufactured homes and nonresidential development, a zoning compliance inspection shall be completed under the direction of the Administrator of this chapter. In no case shall a building or part thereof be considered compliant with zoning regulations if the Administrator is aware that the structure or property is not in compliance with any applicable state or federal regulations.

      (3)   A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building.

      (4)   Application for a certificate of occupancy may be made by the owner(s) or owners’ agent after all final inspections have been made for new buildings, or in the case of existing buildings, after supplying the information and data necessary to determine compliance with this chapter.

      (5)   In no case shall a certificate of occupancy be issued for a building, or portion therefore, which is located on a parcel of land that is currently in violation of any provisions of this chapter.

      (6)   In no case shall a building permit be issued for a parcel, or portion therefor, which has been illegally subdivided, pursuant to G.S. Chapter 160D.

   (D)   Sign permit. 

      (1)   Permit issuance. The Administrator shall issue a permit for the erection, repair, replacement, or construction of outdoor advertising or business sign which meets the requirements of this chapter.

      (2)   Filing procedure. Applications for permits to erect, hang, place, paint, replace, repair, or alter the structure of an outdoor advertising or business sign shall be submitted on forms obtainable from the Administrator. Each application shall be accompanied by a plan showing the following:

         (a)   Outdoor advertising signs. In order for an application to be considered complete the applicant shall submit five copies of a site plan drawn to scale and certified by a professional state land surveyor or engineer. The site plan for new signs or the repair of existing signs shall contain, at a minimum, those items indicated in the sign site plan requirements of this chapter.

         (b)   Business signs. In order for an application to be considered complete the applicant shall submit five copies of a sign site plan drawn to scale. The site plan for all new, damaged, conforming, and nonconforming signs shall contain, at a minimum, those items indicated in the sign site plan requirements of this chapter.

         (c)   Expiration of an approved sign site plan.

            1.   Any sign permit that has received final approval shall be valid for a period of 365 days from the date the plan received approval from the Administrator. During this time, the sign shall be constructed as approved. Once this period has passed, the site plan shall be considered null and void. In the situation where the sign is considered to be conforming the permit may be renewed after the Planning Department has determined that the site is still a conforming site. Each application for renewal shall constitute a new review of the application and all pertinent fees shall apply.

            2.   A nonconforming sign shall not be allowed to be renewed; therefore, once a nonconforming site plan or permit has expired, then the site plan or permit shall be considered to be null and void and the applicant shall repeat the filling process and comply with all regulations for the placement of a conforming sign.

   (E)   Watersupply watershed development permit. Except for a single-family residence constructed on a lot deeded prior to January 1, 1994, no permit required under the North Carolina State Building Code shall be issued for any activity for which a watershed protection permit is required until that permit has been issued.

      (1)   Watershed protection permit. For purposes of this chapter, the land use and zoning permit shall serve as the watershed protection permit.

         (a)   Except where a single-family residence is constructed on a lot deeded prior to the effective date of this chapter, no building or built-upon area shall be erected, moved, enlarged, or structurally altered, nor shall any building permit be issued nor shall any change in the use of any building or land be made until a watershed protection permit has been issued by the Administrator. No watershed protection permit shall be issued except in conformity with the provisions of this chapter.

         (b)   Watershed protection permit applications shall be filed with the Administrator. The application shall include a completed application form and any supporting documentation deemed necessary by the Administrator.

         (c)   Prior to issuance of a watershed protection permit, the Administrator may consult with qualified personnel for assistance to determine if the application meets the requirements of this chapter.

         (d)   A watershed protection permit shall expire if a building permit or watershed occupancy permit for such use is not obtained by the applicant within 12 months from the date of issuance.

      (2)   Watershed protection occupancy permit. For purposes of this chapter, the required zoning inspection, performed under the direction of the Administrator, and certificate of occupancy shall serve as the watershed protection occupancy permit.

         (a)   The Administrator shall issue a watershed protection occupancy permit certifying that all requirements of this chapter have been met prior to the occupancy or use of a building hereafter erected, altered, or moved and/or prior to the change of use of any building or land.

         (b)   A watershed protection occupancy permit, either for the whole or part of a building, shall be applied for coincident with the application for a watershed protection permit and shall be issued or denied within ten days after the erection or structural alterations of the building.

         (c)   When only a change in use of land or existing building occurs, the Administrator shall issue a watershed protection occupancy permit certifying that all requirements of this chapter have been met coincident with the watershed protection permit.

         (d)   If the watershed protection occupancy permit is denied, the Administrator shall notify the applicant in writing stating the reasons for denial.

         (e)   No building or structure which has been erected, moved, or structurally altered may be occupied until the Administrator has approved and issued a watershed protection occupancy permit.

      (3)   Special nonresidential intensity allocation. A special nonresidential intensity allocation (SNIA) may be permitted for nonresidential uses. The county’s Watershed Review Board is authorized to approve SNIAs as consistent with the provisions of this chapter.

   (F)   Floodplain permit. A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities within special flood hazard areas as determined in § 153.246(B).

      (1)   Application for floodplain development permit. Application for a floodplain development permit shall be made to the Administrator prior to any development activities located within special flood hazard areas. The following items shall be presented to the Administrator to apply for a floodplain development permit:

         (a)   A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:

            1.   The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;

            2.   The boundary of the special flood hazard area as delineated on the FIRM or other flood map, as determined in § 153.246(B), or a statement that the entire lot is within the special flood hazard area;

            3.   Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in § 153.246(B);

            4.   The boundary of the floodway(s) or non-encroachment area(s) as determined in § 153.246(B);

            5.   The base flood elevation (BFE) where provided as set forth in:

               a.   Section 153.246(B);

               b.   Sections 153.246(C)(11) and 153.246(C)(12); or

               c.   Section 153.248(C).

            6.   The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and

            7.   Certification of the plot plan by a professional state land surveyor or engineer.

         (b)   Proposed elevation, and method thereof, of all development within a special flood hazard area including, but not limited to:

            1.   Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;

            2.   Elevation in relation to mean sea level to which any nonresidential structure in Zone AE, A, or AO will be floodproofed; and

            3.   Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed.

         (c)   If floodproofing, a floodproofing certificate (FEMA Form 81-65) along with detailed back-up computations and operational plans that specify the location on a FIRM panel of flood proofing measures, the entity responsible for transportation and installation according to the design within the warning time available, and maintenance of floodproofing measures assuring their effectiveness when installed. Floodproofing certificate and back-up computations and operational plans shall be certified by a professional state engineer or architect to ensure that the nonresidential floodproofed development will meet the floodproofing criteria in § 153.248(B)(2).

         (d)   A foundation plan drawn to scale which shall include details of the proposed foundation system to ensure all provisions of this chapter are met. These details include but are not limited to:

            1.   The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); and

            2.   Openings to facilitate equalization of hydrostatic flood forces on walls in accordance with § 153.248(B)(4) when solid foundation perimeter walls are used in Zones A, AO, AE, and A1-30.

         (e)   Usage details of any enclosed areas below the regulatory flood protection elevation.

         (f)   Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.

         (g)   Copies of all other local, state, and federal permits required prior to floodplain development permit issuance (wetlands, endangered species, erosion and sedimentation control, stream and riparian buffers, mining, and the like).

         (h)   Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure § 153.248(B)(6) and § 153.246(B)(7) are met.

         (i)   A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.

      (2)   Permit requirements. The floodplain development permit shall include, but not be limited to:

         (a)   A description of the development to be permitted under the floodplain development permit;

         (b)   The special flood hazard area determination for the proposed development per available data specified in § 153.246(B);

         (c)   The regulatory flood protection elevation required for the reference level and all attendant utilities;

         (d)   The regulatory flood protection elevation required for the protection of all public utilities;

         (e)   All certification submittal requirements with timelines;

         (f)   A statement that no fill material shall encroach into the floodway or non-encroachment area of any watercourse, as applicable; and

         (g)   The flood openings requirements, if in Zones A, AO, AE, or A1-30.

   (G)   Communications tower permit.

      (1)   Permit (Level I). The permit issued by the Administrator as designated by this chapter, to an individual, corporation, partnership, or other entity to engage in the creation of amateur radio tower.

      (2)   Permit (Level II). The permit issued by the Administrator as designated by this chapter to an individual, corporation, partnership, or other entity to engage in co-location, attached antennas, antenna element replacements, tower mitigation, or new concealed towers, excluding amateur radio towers.

      (5)   Permit level requirements table.

 

 

      (6)   Supplemental review. The county reserves the right to require a supplemental review for any permit (Level I, II, III, or IV) subject to the following.

         (a)   Where due to the complexity of the methodology or analysis required to review an application for a permit (Level I, II, III or IV) facility, the county may require the applicant to pay for a technical review by a third party expert, the costs of which shall be borne by the applicant and be in addition to other applicable fees. Schedules of current fees are listed in the county’s Fee Schedule.

         (b)   Based on the results of the expert review, the approving authority may require changes to the applicant’s application or submittals.

         (c)   The supplemental review may address any or all of the following:

            1.   The accuracy and completeness of the application and any accompanying documentation;

            2.   The applicability of analysis techniques and methodologies;

            3.   The validity of conclusions reached;

            4.   Whether the proposed communications facility complies with the applicable approval criteria set forth in these codes; and/or

            5.   Other items deemed by the county to be relevant to determining whether a proposed communications facility complies with the provisions of these codes.

         (a)   Granting of a special use permit does not exempt the applicant from complying with all of the requirements of building codes and other ordinances.

         (b)   In cases where a special use permit is applied for as a means to resolve a violation of this chapter, the use shall be ceased at notice of violation and until full compliance with this chapter is obtained. That is, approval of the special use permit application shall not constitute a granting to proceed with the use, only that the use approval has been granted and the applicant/owner may begin the permitting process to legally conduct the use.

         (b)   When construction is not a part of the use, EXERCISED shall mean that the use is in operation in compliance with the condition set forth in the permit.

   (I)   Manufactured home park certificate of zoning compliance. All manufactured home parks shall maintain a valid certificate of zoning compliance. A certificate of zoning compliance issued to the owner of a manufactured home park shall constitute the authority to utilize the property as a manufactured home park in accordance with this chapter. The certificate of zoning compliance shall expire after a two year period or at the sale of the park to a new owner(s), whichever comes first, and shall be renewed to remain valid. The Planning Department shall withhold all permits to parks without a valid certificate of zoning compliance. Failure to obtain a valid certificate of zoning compliance within six months of September 15, 2003 shall be subject to enforcement and penalties of this chapter as set out in § 153.999.

      (1)   Issuance of certificate of zoning compliance. Upon completion of construction of the manufactured home park or each phase, the developer shall then apply for a certificate of zoning compliance.

      (2)   Amended certificate of zoning compliance. Any reduction of the total number of lots, shall require the issuance of an amended certificate of zoning compliance. The transfer of a manufactured home space or spaces either by sale or by any other means within the manufactured home park is prohibited.

      (3)   Department of Public Health.

         (a)   Biannual inspection. All manufactured home parks in the county shall be inspected by the county’s Department of Public Health at least once every two years. The certificate of zoning compliance of parks with sewage problems based on current 15A NCAC 18A .1900 may be revoked upon request of the county’s Department of Public Health.

         (b)   Validation of sanitary sewage system. Upon determination that an existing sanitary sewage system has a valid operation permit or a valid certificate of completion and is operating properly in a manufactured home park, the county’s Department of Public Health shall issue authorization in writing for a manufactured home to be connected to the existing system and to be occupied following the requirements set forth in this chapter and by the county’s Department of Public Health.

      (4)   Registration of occupants. Every manufactured home park owner shall maintain an accurate register containing a record of all occupants, owner(s) of manufactured homes, and a description of each home in the park. The register shall be available for inspection at all times by authorized county representatives. In accordance with G.S. § 105-316(a)(1), park owner(s) shall furnish to the county Tax Supervisor a copy of the register before January l of each calendar year.

   (J)   Other governmental permits. All permits required by local, state, and federal agencies shall be obtained as appropriate. Refusal or inability to receive permits required by other governmental agencies may result in non-issuance of a certificate of occupancy. Failure to obtain proper permits may result in pursuit of a violation, as provided herein.

(Ord. passed 10-17-2011; Res. passed 6-18-2012; Res. passed 10-19-2015; Res. passed 11-16-2020; Res. passed 6-21-2021) Penalty, see § 153.999

   (A)   Foundation and setback verification survey.

      (1)   A foundation and setback verification survey shall be performed and certified by a professional state land surveyor.

      (2)   A setback verification survey shall be required on all residential lots equal to or less than 15,000 square feet or when the proposed structure is within 10% of any required setback.

      (3)   The Administrator may require a foundation or setback verification survey in cases where it cannot be determined that required building setbacks are being met on nonresidential lots or on residential lots greater than 15,000 square feet.

   (B)   General plat and vicinity map criteria.

      (1)   Plat review.

         (a)   The county’s E-911 Addressing Department shall review all plats to ensure that all roads are legible and correctly identified as set forth in this chapter.

         (b)   Any road drawn on a map/plat shall be identified with the approved E-911 Addressing road name.

         (c)   Any state maintained road drawn on a map/plat shall be identified with NCDOT state road number and the approved E-911 Addressing road name.

         (d)   Major highways such as U.S., N.C., and Interstates shall be identified only with the approved E-911 Addressing road name (example: U.S. 421 N, U.S. 421 S, N.C. 27 E, N.C. 27 W, I-95 and the like).

         (e)   New or existing easements shall be reviewed to determine if a new street name is required. This shall be determined by the number of lots, the placement of the lots, existing homes, and addresses located on the easement.

      (2)   Vicinity map.

         (a)   Any state maintained road drawn on the vicinity map shall be identified with NCDOT state road number.

         (b)   Major highways such as U.S., N.C., and Interstate shall be identified as U.S. 421, U.S. 401, etc, N.C. 27, N.C. 210, and the like, and I-95.

         (c)   Roads that are not state maintained shall be identified with the approved E-911 Addressing road name.

   (C)   Traffic impact analysis. A traffic impact analysis shall be submitted to the Planning Department as part of the site plan submittal for all developments and subdivisions if required by NCDOT and/or with all regional site plans, as defined by this chapter.

(Ord. passed 10-17-2011) Penalty, see § 153.999

   (A)   General site plan requirements.

      (1)   Site plan review exemptions. The following activities or uses shall be exempt from a site plan review, unless such site plan is required elsewhere within this chapter:

         (a)   Public projects. The construction of any public street or utility service line, whether publicly or privately owned, as part of a public project;

         (b)   Maintenance. Maintenance of any structure is exempt from site plan review;

         (c)   Bona fide farm. The use or intended use of land, with or without accessory structures, for purposes of agriculture, raising of crops or animals, forestry, mariculture, and the like;

         (d)   Customary home occupations. As defined in § 153.021(B);

         (e)   Accessory structures integral to permitted development. Any accessory structure or use, whether temporary or permanent, integral to an approved development permitted in accordance with the provisions of this subchapter. Such accessory structure or use shall comply with the design standards and all other sections of this subchapter. In situations where the size or use of the accessory structure can be considered detrimental to public safety, the Administrator may require the applicant to submit a site plan;

         (f)   Temporary uses, nonmaterial. Those activities of short or temporary duration that do not materially affect the area’s natural environment, parking requirements, transportation patterns, public health, or economic values shall be reviewed for approval by the Administrator.

      (3)   Right of Appeal. If any site plan has been denied by the Administrator or Development Review Board, the applicant has 30 days to appeal the action of the Administrator or Development Review Board to the Board of Adjustment. Beyond the decision of the Board of Adjustment, recourse shall be to the courts as provided by law.

      (4)   Site plan requirements. In order for a site plan to be considered complete, the applicant shall submit a site plan according to the table below. A professional survey drawn site plan shall be required for all multifamily residential, and neighborhood, community, and regional site plans. A survey drawn site plan shall be required for minor site plans if located in the Highway Corridor or Military Overlay Zoning District, or within the airport height control, water supply watershed, or floodplain regulations, or if the development is located on a nonconforming lot of record or structural nonconformity.

 

   (B)   Single-family residential site plans. Single-family residential site plans shall be approved by the Administrator and may be required to provide professionally drawn site plans, in accordance with this section or as determined by the Administrator.

      (1)   Required site plan. The Administrator shall assume no responsibility for any errors or absent information on the required site plan.

         (a)   All features for the lot to be developed that are identified on the recorded plat for such lot shall be identified on the required site plan, including, but not limited to, easements, wetlands, and building setbacks. A professionally drawn site plan shall be required in cases if any of the following conditions apply:

            1.   The proposed lot is less than 15,000 square feet;

            2.   The proposed lot is located within an identified watershed with impervious surface limitations;

            3.   The Floodplain Administrator is unable to determine whether or not the proposed structure is located within a floodplain; and/or

            4.   The proposed structure is within 10% of the required setback.

         (b)   In no case shall the Administrator assume responsibility for drawing or assisting in creating a site plan, drawn to engineer’s scale, if any of the following conditions apply:

            1.   The applicant is a licensed general contractor; or

            2.   The proposed lot contains a recorded easement, other than for ingress/egress.

         (c)   A site plan, meeting the requirements of this section, shall be required for all accessory structures and additions and shall meet the regulations listed above.

      (2)   Required submittal materials. A deed or offer to purchase on the site of the proposed development shall be submitted with the required site plan.

   (C)   Multifamily residential site plans. All proposed multifamily developments, unless expressly exempted herein, shall be subject to site plan review by the Development Review Board. No building permits shall be issued until site plan approval has been granted.

   (D)   Nonresidential site plans. All proposed nonresidential developments, unless expressly exempted herein, shall be subject to site plan review by the Administrator or Development Review Board. No building permits shall be issued until site plan approval has been granted. Construction plan/drawing review for nonresidential site plans shall take place at the building plan review, unless otherwise required.

      (1)   Minor site plan. Minor site plans shall be reviewed by the Administrator.

      (2)   Neighborhood site plan. Neighborhood site plans shall be reviewed by the Development Review Board.

      (3)   Community site plan. Community site plans shall be reviewed by the Development Review Board.

      (4)   Regional site plan. Regional site plans shall be reviewed by the Development Review Board.

(Ord. passed 10-17-2011; Res. passed 6-21-2021)

   Prior to submitting an application to the county’s Board of Adjustment and Development Review Board, the developer(s) shall submit an application for a land use and zoning permit, accompanied by a preliminary site plan, and other requirements and fees as applicable, to the Administrator for review. The Administrator shall perform the review as a courtesy to advise the owner(s) of any changes or additions that may be necessary to bring the proposal into compliance with this chapter. Following, or in conjunction with, the Administrator review, the owner(s) may request an onsite consult with the Administrator.

   (A)   Approval and denial of manufactured home park site plan and application.

      (1)   Approved plan. After receiving approval of the manufactured home park plan, from the county’s Board of Adjustment, Development Review Board, and other relevant agencies, the Planning Department shall issue the land use and zoning permit.

      (2)   Denied plan. If the park plan fails to receive approval, the reasons for such action and the recommended changes shall be provided in writing to the developer(s) or his or her agent.

   (B)   Extension and expiration of approval. 

      (1)   (a)   At a minimum, 10% of the total cost of construction of the manufactured home park shall have begun within one year of issuance of the land use and zoning permit.

         (b)   If less than 10% of the total cost of construction has not begun within 12 months from the issued date of the land use and zoning permit, the Board of Adjustment may grant an extension of the permit if it concludes that the permit has not yet expired, and if the applicant shows reasonable cause for delay, or that conditions have not changed so substantially as to warrant a new application, not to exceed two years.

         (c)   However, the Board of Adjustment has the authority to require the proposed park to resubmit their plan.

      (2)   If, after some physical alteration to land or structures begin to take place, such work is discontinued for a period of 12 months, then the permit shall immediately expire.

   (C)   Manufactured home park site plan requirements. In order for a site plan to be considered complete, the applicant shall submit a site plan according to the table below. A professional survey drawn site plan shall be required for all manufactured home park site plans.

 

   (D)   New manufactured home park site plan. In addition to the requirements listed in § 153.064(C), and applicable fees, the following items shall be submitted with all new manufactured home park requests:

         (a)   Solid waste disposal plan;

         (b)   Street name approval letter, provided to owner(s) by the county’s E-911 Addressing; and

         (c)   Preliminary soils report.

      (2)   Development Review Board submittal requirements.

         (a)   Approved driveway permit required by the North Carolina Department of Transportation (NCDOT);

         (b)   Engineered stormwater drainage plan;

         (c)   Certification of approval of water supply system and sewage collection systems by local, state, and federal agencies as appropriate;

         (d)   Final soils report; and/or

         (e)   Any conditions that the Board of Adjustment attached to the project shall be indicated as appropriate.

   (E)   Manufactured home park alteration site plan. The Administrator may waive one or more of the site plan requirements listed for manufactured home park alterations in cases of manufactured home park reductions or conversions from manufactured home lots to recreational vehicle (RV) lots.

      (1)   Reduction shall be via the most appropriate method available, according to the size and type of the same, and shall be as follows.

         (a)   Administrative review. 

            1.   Park owner(s) may reduce the number of lots within the manufactured home park via administrative approval.

            2.   The reduction shall not result in a decrease in the total acreage of the park.

         (b)   Development Review Board review. Owner(s) may apply for Development Review Board approval of a reduction in the total acreage, in addition to the reduction of the number of lots, of a manufactured home park. Such application shall be made in accordance with established application requirements and deadline and shall, at a minimum, meet the following requirements.

            1.   Revised site plan shall be submitted for review and approval by Development Review Board, indicating lots and acreage to be terminated from use in the park.

            2.   Every effort shall be made for uniform reduction in size of the manufactured home park. If such effort is not made, the recommendation made by the Development Review Board regarding the application may be to forward the request to the Board of Adjustment for a final decision.

         (c)   Approval of reduction. All lots to be removed from the park shall be vacated prior to issuance of an amended certificate of zoning compliance.

(Ord. passed 10-17-2011; Res. passed 5-18-2015; Res. passed 11-16-2020)

   (A)   A sign site plan shall be required, as outlined in § 153.159 or elsewhere in this chapter. The sign site plan shall be submitted in accordance with the procedures listed herein and shall meet the requirements of this section.

   (B)   Sign site plan requirements. In order for a site plan to be considered complete, the applicant shall submit a site plan according to the table below:

 

(Ord. passed 10-17-2011)

   (A)   Development plan requirements. In order for a site plan to be considered complete, the applicant shall submit a development plan according to the table below. The criteria listed below may be provided in either narrative or illustrative form, or both as applicable.

 

   (B)   Planned unit development. The following submittal and review procedures shall be followed for proposed planned unit developments. Additional application submittal requirements, design standards, and review and approval criteria for planned unit developments can be found in § 153.115(H).

      (2)   Staff review. Upon receipt of a complete application, Planning staff will conduct a review of the outline development plan and other required materials. The outline development plan and required documents may also be reviewed and commented on by other county departments, as applicable.

      (3)   Final PUD document submittal. Following approval of a planned unit development application, revised and final documentation shall be submitted to the Planning Department. The submittal shall be made within 30 business days of approval by the Board of Adjustment and shall include the documents listed below, including all revisions required as part of the review and approval process:

         (a)   Cover letter;

         (b)   Outline development plan; and

         (c)   Site plan.

   (C)   Office and institutional development plan.

      (1)   Application submittal requirements.

         (a)   Specific descriptions of proposed development with building locations, building sizes, parking arrangements, and description of building heights with consideration of impact on adjacent areas. See § 153.066(A);

         (b)   Analysis of impacts resulting from proposed development, along with options to mitigate impacts relating to:

            1.   Transportation management (traffic, parking, bikes, pedestrians);

            2.   Stormwater management analysis (quantity and quality);

            3.   Watershed requirements (impervious surface);

            4.   Lighting analysis;

            5.   Perimeter buffering and landscaping; and/or

            6.   Water and sewer impacts.

         (c)   Preliminary timetable and sequencing schedule for building construction and for related mitigation measures.

      (2)   Design standards.

         (a)   District dimensional requirements.

            1.   Minimum area. Shall have a minimum of five acres in a single lot or multiple contiguous lots that total acreage equals or exceeds five acres.

            2.   Minimum required setbacks. All structures shall be setback a minimum of 35 feet from all state maintained rights-of-way and all property lines that adjoin the perimeter transition area.

         (b)   Parking and off-street loading requirements.

            1.   The number of parking spaces required for office and institutional developments shall be tied to the development’s documentation of adequate parking availability that is approved by the Planning Board.

            2.   All parking and off-street loading areas shall meet the applicable development standards of § 153.152.

         (c)   Environment. Development proposed in the development plan shall minimize impacts on natural site features, and be accompanied by measures to mitigate those impacts.

         (d)   Transportation. Development proposed in the development plan shall be accompanied by measures to mitigate transportation impacts that are caused by the development.

         (e)   Stormwater management. Development proposed in the development plan shall be accompanied by measures to mitigate stormwater impacts (quantity and quality) that are caused by the development and shall comply with all regulations related to stormwater management of this chapter.

         (f)   Public utilities. There shall be a general demonstration that water, sewer, and other needed utilities can be made available to accommodate development proposed in the development plan. A certification letter from the county’s Public Utilities shall be submitted along with the development plan.

         (g)   Perimeter buffering and landscaping. Areas located within the perimeter transition areas shall provide a detailed analysis of all proposed screening techniques according to the standards set forth below.

         (h)   Sidewalks and pedestrian ways. Shall be required from building to building and along the development perimeter to ensure that pedestrian traffic moves safely and orderly from point to point. Such routes shall be submitted and approved by the Planning Board as part of the development plan.

         (i)   Watershed requirements. Where applicable all proposed developments shall take into consideration watershed requirements. Therefore a detailed analysis of the current and proposed impact on the watershed along with certification that the proposed development will meet all watershed regulations especially in regards to impervious surface calculations shall be approved with the development plan.

         (j)   Perimeter transition areas and design standards. A development plan shall designate a 35-foot wide area at the boundaries of the O&I District. This area shall be referred to as the perimeter transition area which will establish appropriate standards at the borders of the development plan, necessary to minimize impacts of development proposed in the development plan on adjacent property, to be approved by the Planning Board as part of the development plan. Standards shall address:

            1.   Screening of mechanical equipment and trash containment areas. All screening mechanical equipment and trash containment areas located within the perimeter transition area or visible from the public right(s)-of-way shall be screened from view using one of the techniques listed in § 153.158(B)(2);

            2.   Exterior lighting. Exterior lighting shall be installed as to protect the streets and neighboring properties from direct glare or hazardous interference of any kind;

            3.   Buffering. Structures built within the perimeter transition area that adjoin residentially zoned or used property or adjoin a public right-of-way shall be buffered using one of the techniques given for a “Type A buffer” as defined in § 153.158(A)(8)(b); however, the buffering shall only apply to the property line(s) that adjoin the residentially zoned or residentially used property. Further, this buffering shall adequately cover enough area to ensure the maximum amount of buffer is given to the adjacent residential use or zoning; and

            4.   Parking. Parking lots located within the perimeter transition area that adjoin a public street right-of-way or are adjacent to residentially zoned or used property shall be landscaped or otherwise screened using one of the techniques given in § 153.152 to minimize views of parking from the street and adjoining properties. Further, these parking areas shall be set back a minimum of ten feet from the right(s)-of-way or property line(s).

      (3)   Application submittal procedures.

         (a)   Applications for a development plan shall be filed with the Administrator. Subsequent required site specific development plans and permits shall be submitted in accordance with the requirements of this chapter.

         (b)   The Administrator shall prescribe the form(s) of applications as well as any other material he or she may reasonably require to determine compliance with this section. Applications shall include information detailing compliance with regulations described herein.

      (4)   Review procedures.

         (a)   Applications for development plan approval shall be reviewed by the Planning Department and forwarded to the Planning Board for consideration at a public meeting.

         (b)   The applicant shall bear the burden of presenting evidence sufficient to establish persuasively that the proposed development will comply with the established regulations of the Office and Institutional District.

         (c)   A record of the proceedings of the meeting shall be made and shall include all documentary evidence presented at the hearing. Planning Board action on an application for development plan approval shall occur within 90 days of the date of submittal of a complete application.

      (5)   Actions after decision of Planning Board.

         (a)   The development plan, including all conditions attached thereto, shall run with the land and shall be binding on the original applicant as well as all successors, assigns, and heirs.

         (b)   If the development plan is approved, or approved with conditions, the Administrator may then accept applications for individual site development permits for specific buildings that are described in the development plan. No work on a building identified on the development plan may begin until a site development permit has been issued. The Administrator shall prescribe the form(s) of applications as well as any other material he or she may reasonably require to determine compliance with the development plan. If the Administrator finds that the application is consistent with the development plan, he or she shall approve the application and issue the site development permit within 30 calendar days of the submittal of a complete application. If the Administrator finds that the application is not consistent with the development plan, he or she shall deny the application within 30 calendar days of the acceptance of the application and refer the applicant to the special use process described in this chapter. Alternatively, the applicant may apply for an amendment to the development plan.

      (6)   Expiration, abandonment, or revocation of development plan. If an application for a site development permit pursuant to an approved development plan has not been submitted to the Administrator within two years of the date of approval of the development plan, the approval shall automatically expire. On request by the holder of an approved development plan, the Planning Board shall approve the abandonment of the plan if it determines that no subsequent development approvals have been granted and no construction activity has taken place pursuant to the development plan. If material conditions of a development plan are violated, and remain in violation after giving the property owner a reasonable amount of time to correct such violation, the Planning Board may revoke the plan after notification to the property owner and opportunity for property owner response at a public meeting of the Planning Board.

      (7)   Development plan amendment procedures.

         (a)   Before making a determination as to whether a proposed action is a minor change or a modification, the Administrator shall review the record of the proceedings on the original application for the development plan and any subsequent applications for modifications of the development plan, and shall use the following criteria in making a determination:

            1.   A change in the boundaries of the development plan approved by the Planning Board shall constitute a modification;

            2.   A substantial change in the lot size or number of parking spaces approved by the Planning Board shall constitute a modification; (General rule is that more than a 5% increase in overall net new lot area or parking in a development plan approved by the Planning Board would be considered substantial.)

            3.   Substantial changes in pedestrian or vehicular access or circulation approved by the Planning Board shall constitute a modification; and (General rule is that changes that would affect access or circulation beyond the boundaries of a development plan would be considered substantial.)

            4.   Substantial change in the amount or location of open areas approved by the Planning Board shall constitute a modification.

         (b)   The Administrator is authorized to approve minor changes and changes in the ordering of phases in an approved development plan, as long as such changes continue to be in compliance with the approving action of the Planning Board and all other applicable requirements, and result in a configuration of buildings that is generally consistent with the approved development plan. The Administrator shall not have the authority to approve changes that constitute a modification of the development plan.

         (c)   If the proposed action is determined to be a modification, the Administrator shall require the filing of an application for approval of the modification, following procedures outlined in this section for initial approval of a development plan.

(Ord. passed 10-17-2011; Res. passed 11-16-2020)

   (A)   Purpose.

      (1)   Pursuant to G.S. Chapter 160D, a final plat shall be prepared, approved, and recorded pursuant to the provisions of this chapter whenever any subdivision of land takes place.

      (2)   Pursuant to G.S. Chapter 160D, no final plat of a subdivision within the jurisdiction of the county shall be recorded by the Register of Deeds of the county until it has been approved as provided herein. To secure such approval of a final plat, the subdivider shall follow the procedures established in this subchapter.

      (3)   To further the purpose of this chapter, the county encourages all divisions of land to meet the minimum subdivision and development standards contained herein. Divisions of land exempt from the requirements of this chapter that do not meet the minimum requirements contained herein shall be identified as such.

   (B)   General procedures.

      (1)   Review and approval.

         (a)   All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of immediate sale or building development and includes all division of land involving the dedication of a new street or a change in existing streets shall be required to meet the subdivision requirements of this chapter, unless otherwise stated.

         (b)   Court-ordered divisions shall include language specifically identifying how the parcel(s) are to be divided, including the acreage to be divided and exact parameters for how the division should occur.

         (c)   All subdivisions shall be considered major subdivisions except those defined as minor subdivisions by this chapter. Major subdivisions shall be reviewed in accordance with the procedures in division (E) below. Minor subdivisions shall be reviewed in accordance with the provisions in division (D) below.

         (d)   If the applicant owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or located directly across a street, easement, or right-of-way from the property to be subdivided, the subdivision shall not qualify under the minor subdivision procedure. The minor subdivision procedure may not be used a second time within three years on any property less than 1,500 feet from the original property boundaries by anyone who owned any individual, corporation, partnership or other entity who owned, leased, had an option on, or held any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval . Additionally, any subsequent owner, individual having, corporation, partnership, or other entity that owns, leases, has an option on, or individual having has any legal interest in the original subdivision tract of land that was subdivided at the time the subdivision received preliminary or final plat approval shall not be permitted to use the minor subdivision a second time on the original tract of land within three years from the last subdivision. For the purposes of this section, any corporation, partnership, or other entity in which an owner, partner, officer, director, or majority shareholder of such entity is/was an owner, partner, officer, director, or majority shareholder in the corporation, partnership, or other entity that owned, leased, held an option on, or held any legal or equitable interest in the original tract of land that was subdivided shall not be permitted to use the minor subdivision procedure a second time within three years on any property within 1,500 feet from the original property boundaries.

         I hereby certify the lot shown is created for the purposes of family ownership and is in no way intended to circumvent the minor subdivision provisions of the Harnett County Unified Development Ordinance.

                                                                                                                     

         Property Owner Signature               Date

            1.   For all other requests for exemptions to this three year waiting period, the Planning Director or Designee may at any time refer the application to the Harnett County Planning Board for consideration to allow a second minor subdivision to occur within the allotted three years if deemed necessary and appropriate. Subsequent to Planning Board approval, the application shall then be reviewed in accordance with the major subdivision review and approval process by the Development Review Board.

            2.   In no case shall utilization of this process allow for the number of new lots created, combined with the number of lots created by the initial minor subdivision exceed the maximum number of lots permitted by the minor subdivision process. No other requirements set forth by the minor subdivision process shall be circumvented.

            3.   The minor subdivision process may be utilized for the division of lots located within a nonresidential zoning district when no easement or right(s)-of-way dedication is required.

         (e)   Any change in a map of an approved preliminary subdivision or recorded minor or major subdivision plat/plan or any map or plat/plan legally recorded prior to the adoptions of any regulations controlling subdivisions that materially affects any of the following shall obtain a new subdivision approval in compliance and following the procedures of this chapter. In cases where a subdivision is considered a minor subdivision, that is the review process that shall be utilized. In cases where a subdivision is considered a major subdivision, or the proposed change would necessitate a major subdivision review process, that is the process that shall be utilized:

            1.   Right(s)-of-way layout;

            2.   Any area reserved thereon for public use; and/or

            3.   Any lot line (including the addition of lot lines).

         (f)   A preliminary subdivision plat for a commercial or residential subdivision shall include a stormwater management statement, for the purpose of assisting the developer in assessing stormwater management needs and downstream impacts. Where a preliminary plat is not required (i.e., minor subdivision) the stormwater management statement shall be submitted with the minor subdivision plat. The stormwater management statement shall be submitted as part of the conceptual plan, if required by this chapter.

      (2)   Expiration of plat approval.

         (a)   Any preliminary major subdivision plat consisting of a single phase which has failed to receive final plat approval from the Development Review Board (DRB) within two years from the date of preliminary plat approval by the DRB shall be null and void.

         (b)   Major subdivisions consisting of multiple phases shall have received final plat approval from the Development Review Board for at least one phase within two years from the date of preliminary plat approval or the approval shall be null and void. Each subsequent phase shall be recorded within a period of three years, or as approved by this chapter; otherwise, the preliminary plat approval shall be null and void.

         (c)   Any conditional approval or hold decision for a major subdivision made by the DRB shall be valid for a period of 90 days from the date on which the decision was made. It shall be the applicant’s responsibility to obtain full approval during this period. After such date, the review shall be null and void. In no case shall a conditional approval or hold decision be considered a vested right until a full approval has been granted.

         (d)   Any review completed by the Planning Department of a minor subdivision or exempt plat shall be valid for 30 days from the date such review comments are provided by the Planning Department staff. After such date, the review shall be null and void.

      (3)   Subdivision plat/plan requirements. In order for a subdivision plat/plan, exempt map, or master sketch plan to be considered complete, the applicant shall submit a site plan according to the table below:

 

   (C)   Subdivision exemptions and procedures.

      (1)   Subdivision exemptions. The following is not included within the definition of a subdivision and is not subject to the subdivision regulations enacted pursuant to the chapter. All other requirements of this chapter shall be met, including, but not limited to, submittal and review of plat/plan for those items listed herein to verify compliance with other regulations:

         (a)   The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to, or exceed, the standards of the county as shown in these subdivision regulations;

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

         (c)   The public acquisition by purchase of strips of land for widening or opening streets; and/or

         (d)   The division of a tract in single ownership, the entire area of which is no greater than two acres into not more than three lots, if no street right-of-way dedication is involved and if the resultant lots are equal to or exceed the standards of the county as shown by its subdivision regulations.

      (2)   Exempt plat/plan procedures. Exempt plats/plans, although exempt from the subdivision regulations of this chapter, shall meet all other requirements of this chapter, as well as other local, state, and federal regulations, as applicable.

         (a)   Combination and recombination plat/plans. Combination and/or recombination of previously subdivision and recorded lots shall conform to the following regulations.

            1.   A soils evaluation shall be submitted, performed by a professional licensed to do such work, on all lots meeting the above criteria with existing septic systems to verify that the entire system and repair area are contained within the proposed new lot lines.

            2.   Such evaluation shall include statements regarding the functionality of the existing system, conformity to setback requirements of the county’s Department of Public Health, adequate repair area, and all other items necessary for staff to evaluate whether conformity to 15A NCAC 18A .900 is met.

            3.   Permits for existing septic systems may be used as verification for this purpose.

         (b)   All other exempt plat/plans. In cases where a soils evaluation is not required by this chapter, the plat/plan shall note that an evaluation has not been done.

   (D)   Minor subdivision procedures.

      (1)   Review for minor subdivisions. 

         (a)   The Planning Department shall establish standard regulations for plan submittal and review including, but not limited to, the number of copies requested and the information to be included on the plan. The Administrator shall advise the subdivider or his or her authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submittal of the final plat.

         (b)   The Administrator shall submit copies of the plan and any accompanying material to other officials and agencies concerned with new development including, but not limited to:

            1.   The county’s Public Health Department;

            2.   The county’s Public Utilities Department;

            3.   The county’s Fire Code Official;

            4.   The county’s E-911 Addressing Operations Administrator;

            5.   NCDOT District Highway Engineer; and/or

            6.   The state’s Department of Environment and Natural Resources.

         (c)   The Administrator shall review the plan for general compliance with the requirements of this chapter.

         (d)   One copy of the plan shall be returned to the subdivider or his or her authorized agent.

      (2)   Plat submittal for minor subdivisions.

         (a)   Upon review of the plan by the Administrator, the subdivider may proceed with the preparation of the plat in accordance with the requirements of this chapter. For the purposes of this section, the “plan” and “plat” are referenced separately; the plan for reviewing and the plat for recordation.

         (b)   The subdivider shall submit the plat so marked, to the Administrator.

         (c)   The plat shall be prepared by a professional state land surveyor or engineer currently licensed and registered in the state by the state Board of Examiners for Engineers and Surveyors. The plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in the state general statutes, as applicable.

         (d)   Three copies of the plat shall be submitted, one of these shall be on reproducible material. Material and drawing medium for the original shall be in accordance with the state general statutes, where applicable, and the requirements of the county’s Register of Deeds.

         (e)   The plat shall be of a size suitable for recording with the county’s Register of Deeds and shall be at a scale of not less than one inch equals 200 feet. Maps may be placed on more than one sheet with appropriate match lines.

         (f)   Submittal of the plat shall be accompanied by a filing fee and, if applicable, a street sign fee as adopted and periodically revised by the Board of Commissioners.

         (g)   The plat shall contain the same information as required in division(B)(3) above and a copy of a recorded ingress and egress easement maintenance agreement or reference number on the map as required in § 153.151(E).

         (h)   The certificates, as applicable, listed in § 153.025 shall appear on all required copies of the plat.

      (3)   Actions subsequent to review.

         (a)   If the plat is disapproved by the Administrator, the reasons for such disapproval shall be stated in writing, specifying the provisions of this chapter with which the plat does not comply. One copy of such reasons and one print of the plat shall be retained by the Administrator as part of the records; one copy of the reasons and one print of the plat shall be transmitted to the subdivider. If the plat is disapproved, the subdivider may make such changes as will bring the plat into compliance and resubmit same for reconsideration by the Administrator.

         (b)   If the plat is approved by the Administrator, the original tracing and one print of the plat shall be retained by the subdivider. One print shall be retained by the Administrator for the records.

         (c)   The subdivider shall file the approved plat with the Register of Deeds of the county within 30 days of the approval; otherwise, such approval shall be null and void.

   (E)   Major subdivision procedures.

      (1)   Pre-development review for major subdivisions.

         (a)   Prior to the preliminary plat submittal, the subdivider may meet with staff regarding and/or submit to the Administrator, a sketch plan of the proposed subdivision for review and comment.

         (b)   The Administrator shall review, in a reasonable time frame, the sketch plan for general compliance with the requirements of this chapter; the Administrator shall advise the subdivider or his or her authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submittal of the preliminary and final plats. Review of the sketch plan shall in no way constitute a full review, approval, or vested rights of a proposed plan.

      (2)   Public outreach.

         (a)   A minimum extent of public outreach shall be done by the developer(s) prior to, or in conjunction with, application of the proposed plan in compliance with this section for all developments of 500 or more units in order to facilitate an informed development process. The same public outreach is encouraged for developments of less than 500 units. Such notification shall include a map of the development area, a description of the proposed development, and contact information for the developer(s) and/or a representative(s).

         (b)   Owner(s) of properties located within the proposed development area and all adjacent parcels of the proposed development area shall be notified by the developer(s) of the intent for development of the site. It shall be the responsibility of the developer(s) to furnish the cost of postage and all required documentation to the Planning Department for distribution.

         (c)   In such cases where a public outreach meeting is held, notification shall be mailed so that notice is given a minimum of ten business days prior to the meeting. The results of the public outreach meeting shall be summarized and submitted to Planning staff within five business days following the meeting. The summary shall include: the date, time, and location of the meeting; number of participants, including a copy of the sign-in sheet; a list of issues that arose during the meeting; and a plan to resolve those issues, if possible.

      (3)   Preliminary, construction, and final plat submittal procedure.

         (a)   General procedures.

            1.   For every subdivision within the territorial jurisdiction of this chapter, which does not qualify for the minor subdivision procedure, the subdivider shall submit a preliminary major subdivision plat which shall be approved by the Development Review Board before any construction or installation of improvements may begin. Submittal of construction plan/drawing and final plat shall be submitted and approved following the same procedures. Submittal of the subdivision plat shall be accompanied by a filing fee as adopted and periodically revised by the Board of Commissioners.

            2.   A complete application shall be submitted to the Planning Department by the established deadline. Incomplete applications will not be reviewed and will not be placed on the Development Review Board agenda. The county’s Planning Department shall establish criteria for a complete application. Any change in submittal requirements shall be posted in the Planning Department office no less than 30 days prior to enforcement. This information shall be made available to the public and shall be posted in the Planning Department office.

            3.   Subdivision plats shall meet the specifications in division (B)(3) above. A master sketch plan may be substituted for a preliminary plat in cases where the information included within the master sketch plan meets the requirements for a preliminary subdivision in the subsection referenced herein.

         (b)   Construction plan/drawing review. Following approval of the preliminary major subdivision plat and prior to construction and improvements to the development, construction plan/drawing shall be submitted to the Planning Department by the established deadline, and approved by the county. Construction plans/drawings may also be required elsewhere by this chapter. In such cases, such materials shall be submitted in accordance with this section, unless otherwise stated. Review of such materials shall be via administrative review and will not follow the typical DRB review process. The following shall apply to all construction plan/drawing submittals:

            1.   All required submittal materials shall be sealed;

            2.   Such drawings shall meet the requirements of § 153.229;

            3.   All requirements of the county’s Department of Public Utilities, Fire Code Official, and County Engineer shall be met;

            4.   A copy of materials approved by NCDENR shall be included as part of the construction plan submittal; and/or

            5.   A flow acceptance letter for sewer capacity from the county’s Department of Public Utilities shall be submitted with the DRB application.

         (c)   Phased developments.

            1.   Developments to be constructed in phases shall submit a master sketch plan. In such cases, the master sketch plan shall be included with the preliminary plat at the time of such submittal. In no case shall approval of the master sketch plan as part of the approval of the first phase of development constitute vested rights for additional phases of development of the site, unless each subsequent phase depicted in the master plan meets the provisions of this chapter for a major subdivision preliminary plat.

            2.   Phased developments shall be submitted in compliance with division (B)(2) above.

      (4)   Development Review Board review procedures. The following shall apply to major subdivision preliminary and final plat review procedures. Major subdivision construction plan/drawing submittals shall be reviewed by a subcommittee of the Development Review Board (DRB). The subcommittee shall consist of the county’s Department of Public Utilities, Fire Code Official, and County Engineer.

         (a)   The petitioner shall be prepared to make a very brief presentation to the Development Review Board (DRB) membership and answer any questions when the application is reviewed. Each Development Review Board general member shall have completed review of the application prior to the regularly scheduled meeting in which the application is being reviewed. Comments on the application shall be provided, in brief, to the petitioner at the regularly scheduled meeting. If the nature of the comments is too complicated for a brief presentation, it shall be the responsibility of the petitioner to contact the member’s agency with comments for a full explanation.

         (b)   The Development Review Board shall, in writing, recommend approval; conditional approval (with a list of the conditions to bring the plat into compliance); hold (with a list of the conditions to bring the plat into compliance and prepare for further DRB review); or disapproval (with reasons) only after all concerns or comments of the Board general membership have been received. The applicant will receive a copy of the draft DRB decision at the meeting and will receive a final DRB decision within ten business days.

         (c)   Once the Development Review Board approves the subdivision plat, such approval shall be noted on two copies of the plat. One copy of the plat shall be retained by the Administrator and one copy shall be returned to the subdivider.

         (d)   If the subdivision plat is disapproved, the subdivider may make the recommended changes and submit a revised plat to the Administrator following the procedure for submission of a plat placed on hold.

         (e)   For final plat approval, the subdivider shall file the approved final plat with the Register of Deeds of the county within 30 days of approval; otherwise, such approval shall be null and void.

      (5)   Preparation of final plat and installation of improvements.

         (a)   Upon approval of the preliminary plat by the Development Review Board, the petitioner may proceed with the preparation of the final plat, and the installation of or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this chapter.

         (b)   Prior to approval of a final plat, the petitioner shall have installed the improvements provided herein. No final plat, which contains private streets, will be accepted for review by the Administrator unless accompanied by written notice prepared by a professional state engineer acknowledging installation of such streets meet the applicable NCDOT standards for the same type of streets and compliance with § 153.164.

         (c)   The final plat shall constitute only that portion of the preliminary plat which the petitioner proposes to record and develop at that time; such portion shall conform to all requirements of this chapter.

(Ord. passed 10-17-2011; Res. passed 11-16-2020; Ord. 2024-24, passed 9-3-2024)

   All petitions for closing of Department of Transportation maintained streets, alleys, or walkways shall be made to the appropriate DOT District Engineer. The county’s Planning Department shall be copied on all communications for such.

(Ord. passed 10-17-2011)

   (A) Purpose. The purpose of this section is to implement the provisions of G.S. Chapter 160D pursuant to which a statutory zoning vested right is established upon the approval of a site specific development plan or a phased development plan. Nothing in this section shall be construed to require the county to adopt an ordinance providing for vesting of rights upon approval of a phased development plan.

   (B)   Establishment of a zoning vested right.

      (1)   A zoning vested right shall be deemed established upon the valid approval, or conditional approval, by the appropriate approving body, as applicable, of a site specific development plan or phased development plan, following notice and public hearing, if applicable. Such vested right shall confer upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the site specific development plan or phased development plan including any amendments thereto.

      (2)   The approving authority may approve a site specific development plan or phased development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare.

      (3)   Notwithstanding divisions (B)(1) and (B)(2) above, approval of a site specific development plan or phased development plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.

      (4)   A site specific development plan or phased development plan shall be deemed approved upon the effective date of the approval authority’s action or ordinance relating thereto.

      (5)   The establishment of a zoning vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulation by the county, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise, applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan or phased development plan upon the expiration or terminations of the vested right in accordance with this chapter.

      (6)   A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific development plan or phased development plan, all successors to the original landowner(s) shall be entitled to exercise such right while applicable.

   (C)   Approval procedures and authority.

      (1)   Except as otherwise provided in this section, an application for site specific development plan or phased development plan approval shall be processed in accordance with the procedures established by this chapter and shall be considered by the designated approval authority for the specific type of zoning or land use permit or approval for which application is made.

      (2)   Notwithstanding the provisions of division (C)(1) above, if the authority to issue a particular zoning or land use permit or approval has been delegated by this chapter to a board, committee, or administrative official other than the Board of County Commissioners, Board of Adjustment, or other planning agency, in order to obtain a zoning vested right, the landowner or applicant shall request in writing at the time of application that the application be considered and acted on by the Board of County Commissioners, as applicable, following notice and public hearing as provided in G.S. Chapter 160D.

      (3)   In order for a zoning vested right to be established upon approval of a site specific development plan or phased development plan, the applicant shall indicate at the time of application, on a form to be provided by the county, that a zoning vested right is being sought.

      (4)   Each map, plat, site plan, or other document evidencing a site specific development plan or phased development plan shall contain the following notation: “Approval of this plan establishes a zoning vested right under G.S. Chapter 160D.

      (5)   Following approval or conditional approval of a site specific development plan or phased development plan, nothing in this chapter shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.

      (6)   Nothing in this chapter shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or this chapter.

      (7)   Nothing in this section shall preclude judicial determination, based on common-law principals or other statutory provisions, that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided by the state general statutes and this section, nothing in this section shall be construed to alter the existing common law.

   (D)   Duration.

      (1)   A zoning right that has been vested as provided in this chapter shall remain vested for a period of two years unless specifically and unambiguously provided otherwise pursuant to division (D)(2) below. This vesting shall not be extended by any amendments or modifications to a site specific development plan or phased development plan unless expressly provided by the approval authority at the time the amendment or modification is approved.

      (2)   Notwithstanding the provisions of division (D)(1) above, the Board of Commissioners may provide that rights shall be vested for a period exceeding two years but not exceeding five years where warranted in light of all relevant circumstances, including, but not limited to, the size of the development, the level of investment, the need for or desirability of the development, economic cycles, and market conditions. These determinations shall be in the sound discretion of the Board of Commissioners at the time the site specific development plan or phased development plan is approved.

      (3)   Upon issuance of a building permit, the expiration provisions of G.S. Chapter 160D and the revocation provisions of G.S. Chapter 160D shall apply, except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding.

   (E)   Termination. A zoning right that has been vested as provided in this chapter shall terminate:

      (1)   At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed;

      (2)   With the written consent of the affected owner(s);

      (3)   Upon findings by the Board of County Commissioners, by ordinance after notice and a public hearing, that natural or human-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan;

      (4)   Upon payment to the affected owner(s) of compensation for all costs, expenses, and other losses incurred by the owner(s), including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant’s fees incurred after approval by the county, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action;

      (5)   Upon findings by the Board of County Commissioners, by ordinance after notice and a hearing, that the owner(s) or his or her representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the size specific development plan or phased development plan; or

      (6)   Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site specific development plan or phased development plan, in which case the approval authority may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and a hearing.

(Ord. passed 10-17-2011; Res. passed 11-16-2020)