It is the intent of this article to provide an orderly process for division of land into lots or parcels for the purpose of sale and/or building development by property owners. It is also this article's intent to ensure that subdivided lots or parcels can be used safely to build on without danger to the health, safety, and general welfare of both the prospective or future owners in the county's community, and that subdivisions are provided with and provide for adequate and efficient access and coordination of streets, water and/or sewage, parks, schools, playgrounds and other public requirements and facilities where appropriate.

(Ord. of 7-10-2000, § 5.1; Amend. of 6-1-2009(2))

   (a)   The regulations of this article are adopted under the authority of G.S. ch. 160D article 8 which authorizes the county to regulate the subdivision of land.

   (b)   The regulations of this article shall govern each and every subdivision of land within the county, except those lands lying within the extraterritorial planning jurisdiction of any municipality, unless such municipality formally requests that the county enforce these regulations within that municipal jurisdiction. Any municipal governing body may, upon one year's written notice, withdraw its approval of the county subdivision regulations, and those regulations shall have no further effect within the municipal jurisdiction.

(Ord. of 7-10-2000, § 5.2; Amend. of 6-1-2009(2); Amend. of - - )

   (a)   No land shall be subdivided, platted, or recorded, nor shall subdivided lots or parcels be sold, offered for sale, used, or occupied unless and until a final plat of the subdivision has been approved under this article and has been recorded by the county register of deeds. The subdivision of land by use of metes and bounds descriptions in instruments of transfer is prohibited. No lot or parcel resulting from a division of land excluded from the definition of subdivision in section 14-134 shall be sold, offered for sale, used, or occupied until the planning director certifies that such division of land falls within one of the exclusions listed in the definition of subdivision. No plat of any division of land within the county's planning jurisdiction shall be filed or recorded by the county register of deeds unless it contains the planning director's certification that the division of land has been approved under, or is not subject to, this article.

   (1)   If the development permit applicant chooses the version of the rule or ordinance applicable at the time of the permit application, the development permit applicant shall not be required to await the outcome of the amendment to the rule, map, or ordinance prior to acting on the development permit.

   (2)   If a permit application is placed on hold at the request of the applicant for a period of six consecutive months or more, or the applicant fails to respond to comments or provide additional information reasonably requested by the county or state government for a period of six consecutive months or more, the application review shall be discontinued and the development regulations in effect at the time permit processing is resumed shall be applied to the application.

   (3)   Subject to G.S. 160D-108(d), where multiple local development permits are required to complete a development project, the development permit applicant may choose the version of each of the local land development regulations applicable to the project upon submittal of the application for the initial development permit. This provision is applicable only for those subsequent development permit applications filed within 18 months of the date following the approval of an initial permit. For purposes of the vesting protections of this subsection, an erosion and sedimentation control permit or a sign permit is not an initial development permit.

(Ord. of 7-10-2000, § 5.4; Amend. of - - )

   The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

   Construction plat means a plan with supporting data for a proposed subdivision, developed for the purpose of establishing the layout and provision of roads and utilities.

   Flag lot means an irregularly shaped lot where the buildable portion of the lot is connected to its street frontage by an arm, or flagpole, of the lot.

   Flood hazard boundary map means the official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk management zones applicable to the county.

   Official plans means any plans officially adopted by the board of commissioners as a guide for the development of the county consisting of maps, charts, and texts.

   Open space and common open space and recreation area mean any space or area characterized by great natural scenic beauty or whose openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding development, or would maintain or enhance the conservation of natural or scenic resources; or any undeveloped or predominately undeveloped land that has value for one or more of the following purposes:

   (1)   Park and recreational uses;

   (2)   Conservation of land and other natural resources; or

   (3)   Historic or scenic purposes.

   Passive open space or recreation areas include scenic resources, any undeveloped or predominately undeveloped land used for informal walking trails, picnic areas or similar uses. Active recreation areas include playfields, tot lots, tennis courts, swimming pools and similar active play uses. The following land uses or land areas cannot be used to meet open space requirements of this chapter:

   (1)   Roads, road rights-of-way, driveways, or parking areas.

   (2)   Open areas within individual subdivision lots.

   (3)   Small, narrow strips of land, or other unusual land configurations that are not consistent with the objectives of this chapter.

   Public sewer system means any sewer system whether operated publicly or privately unless the sewer source is located on a lot and serves only that lot in accordance with G.S. 130A-311-343.

   Public water system means any water system whether operated publicly or privately unless that water source is located on a lot and serves only that lot in accordance with G.S. 130A-311-343.

   Subdivider means any person who subdivides or develops any land deemed to be a subdivision as defined in this section.

   Subdivision means any division of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development, whether immediate or future. It includes any division of land involving the dedication of a new street or change in existing streets. The following divisions of land are not included in this definition and are not subject to this article:

   (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 set forth in this article, and the minimum gross lot size, minimum lot width and minimum street frontage standards of this chapter;

   (2)   The division of land into parcels greater than ten acres in area, where no public street right-of-way dedication or opening of streets is involved;

   (3)   The public acquisition, by purchase, of strips of land for the purpose of widening or opening of streets; or

   (4)   The division of a tract in single ownership whose entire land area is no greater than two acres into more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards set forth in this article, and this chapter.

   In subsection (1), the phrase "previously subdivided and recorded" means under a recorded plat or other instrument of transfer containing a metes and bounds description if lots were created prior to the existence of applicable subdivision regulations, or under a validly approved and recorded plat if such lots were created after the existence of applicable subdivision regulations. In subsections (2) and (4), the phrase "where no street right-of-way dedication is involved" means that adequate access to such lot is provided by an approved existing street (public or private).

   Subdivision, commercial, means the subdivision of an existing development on a zoning lot or recorded parcel that consists of commercial and/or office uses. Such a subdivision would create two or more individual lots plus land developed and designated for the common use and benefit of the occupants/owners of the individual commercial subdivision lots provided:

   (1)   That an entity is designated to be legally responsible for maintenance and control of the common land areas;

   (2)   That the property has an approved site plan, valid for the development, prior to application for commercial subdivision;

   (3)   That all parking areas, drive aisles, and open space if applicable, shall be the common land area; and

   (4)   The individual lots within a commercial subdivision shall not be required to meet the lot design standards of this chapter, providing the zoning lot containing the commercial subdivision meets such standards.

   Minor and major subdivisions are subject to separate approval procedures.

   Subdivision, major, means any subdivision creating three or more lots. There are two types of major subdivisions:

   (1)   Category 1. The creation of three to 20 lots. This is a two-step procedure involving planning board preliminary plat approval and administrative final plat approval.

   (2)   Category 2. The creation of 21 lots or more. This is a two-step procedure involving planning board preliminary plat approval and administrative final plat approval.

   (1)   Does not involve any new dedication of public right-of-way to give access to interior lots or parcels;

   (2)   Does not involve the extension of public water or sanitary sewage lines;

   (3)   Will not limit or prevent the development of the remainder of the parcel or of adjoining property; and

   (4)   Will not create any new or residual parcels which do not satisfy the requirements of this article or other applicable local and state controls.

(Ord. of 7-10-2000, §§ 5.3, 5.5, 5.6; Amend. of 6-1-2009(2); Amend. of 3-7-2016; Amend. of - - )

   Cross reference—Definitions generally, § 1-2.

   Applications for minor or commercial subdivision approval, along with any required fees, shall be filed with the planning department. The planning board shall prescribe the form of applications as well as any other material that may reasonably be required to determine compliance with this division. Minor or commercial subdivision plats shall comply with the mapping requirements of sections 14-230 and 14-231. The planning director shall not accept an application unless it complies with such requirements. An incomplete application shall be returned to the applicant, with a notation of its deficiencies.

(Ord. of 7-10-2000, § 5.7.1; Amend. of 6-1-2009(2))

   When an application for minor or commercial subdivision approval is accepted, the planning director shall determine if the plat and application conform with all applicable regulations. He shall take action on an application based solely on the findings as to compliance with applicable regulations and conditions. He shall approve; approve subject to conditions; deny; or refer to the major subdivision approval process, if he finds it to be a major subdivision proposal or if requested by the applicant. If the planning director refers the request to a major subdivision review, an amended application shall be submitted as required in division 3A of this article. The planning director may impose reasonable conditions on his approval to ensure the subdivision complies with the requirements of this division.

(Ord. of 7-10-2000, § 5.7.2; Amend. of 6-1-2009(2); Amend. of - - )

   The planning director shall notify the applicant of his decision on the applicant's application for a minor or commercial subdivision approval and shall file a copy of the decision in the planning department. The planning director shall endorse his approval on a reproducible mylar original of the final plat if he approves an application, or approves it with conditions. The applicant shall record such plat with the county register of deeds. Approval of any minor or commercial subdivision plat is void if it is not properly recorded within 60 days after the planning director's endorsement of approval. The planning director may extend this deadline provided the applicant has demonstrated a good faith effort to comply with the deadline, but for reasons beyond his control, fails to meet the requirements of the Register of Deeds for recordation within that period. Plats shall conform to the drawing specifications and certification requirements of sections 14-230 and 14-231.

(Ord. of 7-10-2000, § 5.7.3; Amend. of 6-1-2009(2))

   The planning director's decision on a minor or commercial subdivision application may be appealed to the board of adjustment under article XI of this chapter.

(Ord. of 7-10-2000, § 5.7.4)

   Lots created pursuant to these provisions shall meet the following minimum design standards:

   (a)   Minimum land area need to subdivide a lot is 1.37 acres based on a 1.45-unit-per-acre density (30,000 square feet minimum lot size) for lots served by public water, or 2 acres based on one-unit-per-acre density for lots served by well and septic (40,000 square feet minimum lot size). Minimum land area needed to subdivide a lot in the Water Supply Watershed Protection District or Environmentally Sensitive Area District is 2 acres based on 1 unit per acre density (40,000 square feet minimum lot size) for lots served by public water or well.

   (b)   Lots shall front on an existing public right-of-way, have access to an existing access easement, or have an easement created to serve the lots.

(Amend. of 6-1-2009(2); Amend. of 8-3-2020; Amend. of 1-4-2021)

   All major subdivisions must have a preliminary plat approval from the county planning board prior to any final plats being recorded with the county register of deeds.

(Ord. of 7-10-2000, § 5.8.1)

   Applicants proposing major subdivisions are encouraged to first consult with the planning department to ensure that the applicant understands the requirements of this division.

(Ord. of 7-10-2000, § 5.8.2)

   Applications for major subdivision preliminary plat approval shall be filed with the planning department. The planning board shall prescribe the form of applications, as well as any other material it may reasonably require to determine compliance with this division. The planning director shall not accept an application unless it complies with such requirements, including written confirmation that the applicant is the owner or agent having a valid ownership interest, or a valid enforceable contract or option for an ownership interest in the property involved. For the purposes of this chapter, an incomplete application is considered to have not been submitted and shall be returned to the applicant, with a notation of its deficiencies.

(Ord. of 7-10-2000, § 5.8.3; Ord. of 5-13-2002; Amend. of 6-1-2009(2); Amend. of - - )

   Traffic impact analysis required in accordance with Johnston County Land Development Code section 14-366; the county's traffic consultant fee must be paid in full at the time the major subdivision application is submitted, otherwise the application will be considered incomplete.

(Amend. of 11-8-2004; Amend. of 6-1-2009(2))

   The planning director shall forward to the planning board an analysis of an application for major subdivision preliminary plat approval and his recommendation.

(Ord. of 7-10-2000, § 5.8.4)

   (a)   After receiving the planning director's report on an application for major subdivision preliminary plat approval, the planning board shall consider the application at its next available regularly scheduled meeting. All interested parties shall be given the opportunity to speak and ask questions. The planning board may place reasonable and fair limitations on comments, arguments, and questions to avoid undue delay. The applicant shall bear the burden of establishing that he is entitled to approval of the application.

   (b)   The planning board shall act on an application for major subdivision preliminary plat approval after reviewing the application, the planning director's report and public comment on the application. It shall base its action on its findings as to conformity with all applicable regulations of this article. Its action shall be one of the following: approval, approval subject to conditions, tabled to address deficiencies identified by the planning board, or denial. The planning board may impose reasonable conditions on its approval to ensure compliance with applicable regulations.

   (c)   The planning director shall notify the applicant for major subdivision preliminary plat approval in writing of the planning board's decision and shall file a copy of the decision with the county's planning department.

(Ord. of 7-10-2000, §§ 5.8.5—5.8.7; Amend. of 6-1-2009(2))

   Preliminary plat approval, or reapproval, for a major subdivision shall be effective for three years from the date of approval with no extension allowed by the planning director or his/her representative. An extension may be requested of the planning board for an additional three-year period. If a final plat for all or a portion of the subdivision has not been recorded within three years of the preliminary plat approval, the applicant must submit a new application. The planning board may reapprove the application unless they determine that paramount considerations of health, the general welfare, or public safety exist.

(Ord. of 7-10-2000, § 5.8.8; Amend. of 8-11-2003; Amend. of 6-1-2009(2))

   The planning board's decision on an application for a preliminary plat approval for a major subdivision may be appealed to superior court under article XI of this chapter.

(Ord. of 7-10-2000, § 5.8.9; Amend. of 6-1-2009(2) ; Amend. of 9-8-2009)

   Applications for final plat approval of subdivisions shall be filed with the planning director. The planning board shall prescribe the form of application, as well as any other material it may reasonably require to determine compliance with this division. Final plats shall comply with the mapping requirements of section 14-230 and the certification and endorsement requirements of section 14-231. For major subdivisions, a preliminary plat for the lots shown on the proposed final plat must have been approved and not expired before a final plat approval application may be accepted. As part of the application for final plat approval, the applicant shall certify one of the following:

   (a)   That all required improvements (streets, utilities, storm drainage facilities, street signs, and facilities for common use, if any) approved as part of the preliminary plat approval and serving lots shown on the final plat have been completed;

   (b)   That a performance guarantee and description thereof, including sufficient means and procedures, to ensure satisfactory completion of any uncompleted improvements have been posted; or

   (c)   That the subdivision shown on the final plat is subject to U.S. Department of Housing and Urban Development regulations that ensure satisfactory completion of any uncompleted improvements.

(Ord. of 7-10-2000, § 5.9.1; Amend. of 6-1-2009(2))

   When the planning director accepts an application for final plat approval of a subdivision, the planning director shall determine if the final plat conforms to all applicable regulations and to an approved valid preliminary plat if a major subdivision. He shall approve or deny the application.

(Ord. of 7-10-2000, § 5.9.2)

   If an application for final plat approval of a subdivision is approved, the planning director shall endorse his approval on a reproducible mylar original of the final plat. The applicant shall record the final plat in the office of the county register of deeds. Approval of any final plat is void if it is not properly recorded within 60 calendar days after the planning director's endorsement of the approval. The planning director may extend this deadline provided the applicant has demonstrated a good faith effort to comply with the deadline, but for reasons beyond his control, fails to meet the requirements of the register of deeds for recordation within that period. Such plat shall conform to the drawing specifications, certifications and endorsement requirements of section 14-230 and section 14-231.

(Ord. of 7-10-2000, § 5.9.3)

   The planning director's decision on a final plat approval application may be appealed to the board of adjustment under article XI of this chapter.

(Ord. of 7-10-2000, § 5.9.4)

   Subdivisions should be designed with a street network which provides safe, adequate access to all lots within the subdivision. Extension of a public access to an adjoining property should be considered in the subdivision design where a compelling public need is deemed necessary for orderly development of these adjoining properties. However, the design of the local street network in a subdivision should not encourage large amounts of through traffic, the origins and destination of which are external to the subdivision, to use local roads in the subdivision. Due consideration should be given to preserving important natural features, such as trees, ponds, streams, lakes, as well as historical sites which are of value to the county as a whole.

(Ord. of 7-10-2000, § 5.10.1)

   Each lot in a subdivision shall comply with the lot design standards contained in this division. Newly created or revised lots shall be designed so that any existing structures continue to meet the requirements of this division or so that any existing nonconformity is not increased, enlarged, or extended. The standards of this section, however, do not apply to recreation areas, lots within approved planned unit developments, townhouse lots or lots created as part of a minor subdivision.

(Ord. of 7-10-2000, § 5.10.2; Amend. of 6-1-2009(2))

   Lots laid out for commercial or industrial purposes shall be of a size that is adequate to provide for the structure to be located on the site; off-street parking facilities required by the type and use of the development; and any required landscape buffer or screening areas. Lots for residential use shall comply with the provisions of this division.

(Ord. of 7-10-2000, § 5.10.3)

   The arrangement of lots in a subdivision shall comply with the provisions of this division and the regulations of the county health department, and shall provide vehicular access to buildings on the lot from an approved street.

(Ord. of 7-10-2000, § 5.10.4)

   (a)   Flag lots and easement access lots shall be permitted only if it can be demonstrated by the applicant that the subdivision cannot be physically designed and that no reasonable alternative exists. The basis for a reasonable alternative shall include the following:

   (1)   Topographic constraints or irregularly shaped land in which no alternative exists;

   (2)   Natural features such as ponds, streams, wetlands, or buffers exist which would limit street construction and/or lot design;

   (3)   A long narrow parent parcel which would limit alternative designs;

   (4)   A parent parcel that has limited or no direct road frontage which would require the use of a flagpole or easement with no alternative design available;

   (5)   No alternative access is available or feasible such as a paved subdivision street or cul-de-sac street constructed to NCDOT standards.

   (b)   It is the responsibility of the applicant to present evidence to the planning board that one or more of the hardships listed in subsection (a) exist.

   (c)   Any decision of the waiver described in subsection (a) may be appealed to the Johnston County Board of Adjustment as described in section 14-592 of the land development code.

   (d)   All flag lots or easement access lots within a major subdivision shall meet the following requirements:

   (1)   A flag lot shall serve only one single-family dwelling and its uninhabited accessory structures;

   (2)   The minimum flagpole width shall be 30 feet;

   (3)   The minimum separation between the flagpole portion of the lot and that of another flag lot shall be 100 feet;

   (4)   Where public water is available, the occupied building on the flag lot shall be within 500 feet of a fire hydrant. This distance shall be measured along the street, then along the flagpole, then in a straight line to the building thereon;

   (5)   Where public sewer is available, the occupied building on the lot shall have a gravity service line, or the sewer pump requirements shall be noted on the recorded plat;

   (6)   Use of a single driveway to serve the flag lot and an adjoining lot is permitted and encouraged. In the case of a shared driveway, the location of the driveway shall be on the flagpole portion of the flag lot, with the conventional lot granted an access easement over the flagpole; and

   (7)   Designate the building footprint and orientation of the house on the preliminary plat.

   (e)   The flagpole portion of a lot shall not be used to calculate the area, width, or setbacks of the lot for the zoning district in which the lot is located.

(Ord. of 7-10-2000, § 5.10.4.1; Amend. of 12-12-2005(2); Amend. of 6-1-2009(2); Amend. of - - )

   The type and arrangement of streets within a development under this article shall be in compliance with and coordinate with the county's thoroughfare plan. Principal vehicular access points to the subdivision shall be designed to encourage smooth traffic flow and minimize hazard to vehicular traffic, pedestrian and bicycle traffic. Accommodation for controlled turning movements into and out of the subdivision and improvement of the approach street should be considered where existing or anticipated heavy traffic flows indicate need. Safe and convenient vehicular access shall be provided for emergency, service and school bus vehicles.

   (a)   Roads. The arrangement, character, extent, width, grade, and location of all roads should be designed in relation to existing and proposed transportation patterns, topographical and other natural features, public convenience and safety, and proposed uses of lands to be served by such roads and existing and potential land uses in adjoining areas. Private roads not within a minor subdivision or planned unit development shall:

   (1)   Be limited to a nonthrough road;

   (2)   Be paved;

   (3)   Meet the road construction standards for a private road as set out in the county design manual; and

   (4)   Be ensured proper maintenance through the establishment of a homeowners' association or a road maintenance agreement.

   All public roads shall meet the design and construction standards as specified in the county design manual.

   (b)   Relationship to adjoining properties. New streets or roads shall be appropriately related to, and coordinated with, adjoining properties and existing and proposed roadways. Roadways within a proposed subdivision may connect with adjoining properties where necessary to permit the convenient, efficient and safe movement of traffic. All roads that extend to adjacent properties shall be designated as public roads.

   (c)   Access to streets. Every subdivided lot shall front on, or have direct driveway access or dedicated easement to, a public or private street meeting the standards of the county design manual.

   (d)   Direct residential driveway connections. Subdivisions located on an arterial or collector road shall be so designed so that no new subdivided lot shall have a direct driveway connection onto an arterial or collector road, unless it can be demonstrated that the proposed subdivision cannot be feasibly designed, or that no reasonable alternative exists, to prohibit driveway access onto an arterial or collector street.

   Major subdivisions to be located on a local road shall be so designed that there shall be no more than one direct residential driveway connection per 500 feet along the same side of the local road, unless it can be demonstrated that the proposed subdivision cannot be physically designed, that no reasonable alternative exists, or it would create an unreasonable hardship without a corresponding public benefit to prohibit individual driveway access onto a local road.

   (e)   Subdivision access. A second full-service access built to county standards for the purpose of ingress and egress or emergency access easement will be required when meeting or exceeding the following thresholds:

   For subdivisions proposing between 100 and 200 lots, the developer has the option of providing a second full-service access built to county standards for the purpose of ingress and egress or a dedicated "emergency vehicle access." This "emergency vehicle access" is to be constructed of any all-weather surface and kept cleared at all times in case the main entrance is blocked and emergency vehicles need to access the development.

   For subdivisions proposing 201 lots or more, a second full-service access built to county standards for the purpose of ingress and egress will be required. In lieu of installation of a second full service access, a dedicated emergency vehicle access must be approved by the Planning Board and constructed as described above with a full service access approved by the Planning Board planned within the subdivision proposal for future development.

   Note: For determining when a second access is required, the count will be cumulative.

   (f)   Subdivision road standards. 

   (1)   Land use permits will be issued until 75 percent of the lots have been permitted. Once this threshold has been met, no more land use permits will be issued for lots within the subdivision until the North Carolina Department of Transportation District Engineer has accepted the subject road into the state maintained road network.

   (2)   The developer shall be responsible for ensuring that all dedicated public subdivision streets are successfully accepted by NC DOT for maintenance. The developer shall be responsible for maintenance of all streets and protection of rights-of-way until such streets are accepted into the state road system.

   (3)   Where streets are dedicated to the public but not accepted into the state system at the time the plat is recorded, a statement explaining the status of the street shall be included on the final plat. Said statements shall explain that the developer is ultimately responsible for the upkeep and maintenance of all streets until such time that the streets are included in the state system.

   (4)   In lieu of the discontinuation of permits, the developer may provide a maintenance guarantee where roads have not been accepted by or conveyed to NCDOT. The amount of the maintenance guarantee shall be equal to 15% of the total estimated cost of street construction and stabilization of shoulders and drainage swales. The estimated cost shall be based on a certified engineer's or licensed contractor's estimate, provided such engineer or contractor is independent of the developer.

   (g)   Stubout streets. All stubout streets shall be posted with a sign at least 24 inches X 36 inches in area but no greater than 36 inches X 48 inches with a minimum height of three feet and a maximum height of five feet stating the following: Road subject to future extension for additional lots.

   (h)   Sidewalks. Sidewalks shall be provided where necessary to provide efficient pedestrian access to school site and commercial centers.

(Ord. of 7-10-2000, § 5.10.5; Ord. of 7-9-2001; Ord. of 11-12-2001, § 5.10.5; Amend. of 5-12-2003(2); Amend. of 7-7-2003; Amend. of 11-8-2004; Amend. of 5-5-2008(2); Amend. of 10-6-2008(2); Amend. of 6-1-2009(2); Amend. of 1-6-2014; Amend. of 2-3-2014)

   Every subdivided lot shall comply with the minimum lot size, lot width, and street frontage standard as stipulated in this chapter, as well as other standards of the county health department for lots not served by a public water and/or sanitary sewer system.

(Ord. of 7-10-2000, § 5.10.6)

   For residential developments designed to have the dwelling units face an internal subdivision street and the rear of the dwelling units partially or completely face the main road, the following "may" be required:

   (a)   Landscape area "A" with the use of an eight-foot landscape berm, decorative wall, or opaque fence; excluding a wooden fence;

   (b)   Landscape area "B" with the use of only plant material;

   (c)   The natural existing vegetation may be used if the density meets or exceeds the landscape area "B" requirements and remains undisturbed.

(Ord. of 7-10-2000, § 5.10.7; Amend. of 10-6-2008(3); Amend. of 6-1-2009(2))

   Subdivisions that incorporate a public water distributions system and/or a public sewage collection system, shall require that all future homeowners connect to the public water and/or sewer system prior to the issuance of a certificate of occupancy for their principal structure. All subdivisions incorporating a public water distribution system and/or a public sewage collection system, shall comply with the standards of the county design manual and/or the public utilities manual.

(Ord. of 7-10-2000, § 5.10.8)

   (a)   Format. The requirements of this section apply to the format of drawings.

   (b)   Preliminary plat. The preliminary plat shall be drawn to a scale between 1:100 and 1:20.(Under special circumstances, with the planning director's approval, a preliminary plat can be drawn to a scale which can clearly and accurately display the necessary information for review.) The plat shall show the following:

   (1)   Title data. Name of the subdivision, the names and addresses of the owner or owners, name of designer of the plat, scale, date, approximate north point, and in large letters the words, "PRELIMINARY PLAT."

   (2)   Existing data. Property lines, street lines and names, principal buildings, existing utility lines, watercourses, bridges, public easements, names of adjacent subdivisions and/or property owners, distance to nearest street intersection, corporate limit and/or planning district lines; and an inset sketch map showing the subdivision's location in relation to the county and general area.

   (3)   Data relating to subdivision. Names, locations and other dimensions and/or metes and bounds of proposed streets, lots, easements, building lines, and recreational/open space areas if appropriate. A statement describing the water supply and sanitary sewage disposal facilities proposed to be installed in the subdivision.

   (4)   Floodway data. The boundaries of both the floodway and floodplain, shown on maps entitled flood hazard boundary map, shall be shown clearly.

   (c)   Final plat. The final plat shall be drawn in black ink on mylar to a suitable scale to assure legibility. It shall show the following:

   (1)   Title and documentation data. Name of subdivision, the township, the name of the licensed engineer or surveyor under whose supervision the plat was prepared; the date of the plat; the scale and north point; and all endorsements and certifications provided for in section 14-231.

   (2)   Data relating to the subdivision. Lines and names of streets; lines of all lots, easements, areas devoted to common use, with notes stating clearly their proposed use, any limitations and the person or entity responsible for continued maintenance; corporate and/or other boundaries; building lines; metes and bounds survey information sufficient to determine readily on the ground the location of every street, lot line, boundary line, block line, easement line, and building line; the radius central angle, and tangent distance for both street lines of curved streets, the locations and types of all permanent monuments; the names of subdivisions and streets adjoining the platted subdivision; and designation of all streets within the subdivision as public or private.

   (3)   State statute. All data shown on the final plat shall be consistent with the provisions set out in G.S. 47-30.

   (4)   Easements. All easements and their function shall be shown on the final plat.

   (5)   Floodway data. The boundaries of both the floodway and 100-year floodplain zone, as shown on the map entitled "Flood Boundary and Floodway Map," shall be shown. The FRIM panel and its adoption date shall be shown.

   (6)   Future streets. All streets intended for future extension either within or beyond the boundaries of the subdivision shall clearly be indicated on the plat, by the words "Reserved for Future Public Access."

(Ord. of 7-10-2000, § 5.11; Amend. of 6-1-2009(2))

   The following certificates and endorsements, where applicable, must be shown on all final plats of subdivisions:

   (1)   Certificate of survey and accuracy.

   (2)   Certificate of floodway information.

   (3)   Certificate of ownership, dedication and maintenance.

   (4)   Notice to homeowners to connect to public utility system.

   (5)   Certificate of public utilities, with the exception of minor subdivision.

   (6)   Certification of approval of water supply and sewage disposal system.

   (7)   Certificate of department of transportation.

   (8)   Road maintenance statement of understanding.

   (9)   Planning director's certification.

   (10)   Review officer's certification.

   (11)   Register of deed certification.

   (12)   Additional certifications, statements, or notations necessary.

(Ord. of 7-10-2000, § 5.12.1; Amend. of 8-11-2003; Amend. of 6-1-2009(2))

   When approved by the planning director, one original mylar copy of a recorded plat under this article shall be filed with the register of deeds; one blue line copy shall be on file in the county planning department, and one blue line copy shall be on file with the county department of environmental health.

(Ord. of 7-10-2000, § 5.12.2.1)

   The Johnston County Board of Commissioners finds that:

   (a)   Large-scale development projects often occur in multiple phases extending over a period of years, requiring a longterm commitment of both public and private resources.

   (b)   Such large-scale developments often create potential community impacts and potential opportunities that are difficult or impossible to accommodate within traditional zoning processes.

   (c)   Because of their scale and duration, such large-scale projects often require careful integration between public capital facilities planning, financing, and construction schedules and the phasing of the private development.

   (d)   Because of their scale and duration, such large-scale projects involve substantial commitments of private capital by developers, which developers are usually unwilling to risk without sufficient assurances that development standards will remain stable through the extended period of the development.

   (e)   Because of their size and duration, such developments often permit communities and developers to experiment with different or nontraditional types of development concepts and standards, while still managing impacts on the surrounding areas.

   (f)   And, to better structure and manage development approvals for such large-scale developments and ensure their proper integration into local capital facilities programs, Johnston County needs the flexibility in negotiating such developments.

   Therefore, per G.S. ch. 160D, article 10, the board of commissioners may enter into development agreements with developers, subject to the procedures and requirements of this division. In entering into such agreements, the board of commissioners may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law.

   This authorization of development agreements is supplemental to the powers conferred by the state upon local governments and does not preclude or supersede rights and obligations established pursuant to other laws regarding building permits, site-specific development plans, phased development plans, and/or other provisions of law.

(Amend. of 7-10-2006(1); Amend. of - -)

   The following definitions apply in this division:

   Comprehensive plan. The comprehensive plan, land-use plan, small-area plans, neighborhood plans, transportation plan, capital-improvement plan, official map, and/or any other plans regarding land use and development that have been officially adopted by the governing board.

   Developer. A person, company, or other entity, including a governmental agency or redevelopment authority, that intends to undertake any development and who has a legal or equitable interest in the property to be developed.

   Development. The planning for or carrying out of a building activity, the making of a material change in the use or appearance of any structure or property, or the dividing of land into two or more parcels. "Development", as designated in a law or development permit, includes the planning for, and all other activity customarily associated with, that activity, use or appearance, and/or division of land, unless otherwise specified. When appropriate to the context, "development" refers to the planning for or the act of developing or to the result of development. Reference to a specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this item.

   Development permit. A building permit, zoning permit, subdivision approval, special or conditional use permit, variance, or any other official action of Johnston County having the effect of permitting the development of property.

   Governing body. The Board of County Commissioners of Johnston County.

   Land development regulations. Ordinances and regulations enacted by the appropriate governing body for the regulation of any aspect of development and includes zoning, subdivision, or any other land development ordinances.

   Laws. All ordinances, resolutions, regulations, comprehensive plans, land development regulations, policies, and rules adopted by Johnston County affecting the development of property, and includes laws governing permitted uses of the property, density, design, and improvements.

   Local government. Johnston County and any other regulatory entity that exercises authority over and/or grants development permits for land development or that provides public facilities.

   Local planning board. Any planning board established pursuant to G.S. 153A-321.

   Person. An individual, corporation, business or land trust, estate, trust, partnership, association, two or more persons having a joint or common interest, state agency, or any legal entity.

   Property. All real property subject to land-use regulation by Johnston County and includes any improvements or structures customarily regarded as a part of real property.

   Public facilities. Major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.

(Amend, of 7-10-2006(1))

   Only the Board of Commissioners of Johnston County may approve a development agreement on behalf of the county. Other government entities may also be party to the development agreement. The board of commissioners may establish procedures and requirements, as provided in this division, to consider and enter into development agreements with developers.

(Amend. of 7-10-2006(1))

   The property that is the subject of a development agreement must contain at least 25 acres of developable property (exclusive of wetlands, mandatory buffers, unbuildable slopes, and other portions of the property which may be precluded from development at the time of application).

   All development agreements shall be of a term specified in the agreement.

(Amend. of 7-10-2006(1); Amend. of - - )

   Before entering into a development agreement, the board of commissioners shall conduct a public hearing on the proposed agreement, following the procedures set forth in G.S. 160D-1005 regarding zoning-ordinance adoption or amendment. The notice for the public hearing must specify the location of the property subject to the development agreement, the development uses proposed on the property, and must specify a place where a copy of the proposed development agreement can be obtained.

   In the event that the development agreement provides that the local government shall provide certain public facilities, the development agreement shall provide that the delivery date of such public facilities will be tied to successful performance by the developer in implementing the proposed development (such as meeting defined completion percentages or other performance standards).

(Amend. of 7-10-2006(1))

   A development agreement shall include at least all of the following:

   (a)   A legal description of the property subject to the agreement and the names of its legal and equitable property owners.

   (b)   The duration of the agreement. However, the parties are not precluded from entering into subsequent development agreements that may extend the original duration period.

   (c)   The development uses permitted on the property, including population densities and building types, intensities, placement on the site, and design.

   (d)   A description of public facilities that will service the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development.

   (e)   A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions to protect environmentally-sensitive property.

   (f)   A description of all local development permits approved or needed to be approved for the development of the property, together with a statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction does not relieve the developer of the necessity of complying with the law governing their permitting requirements, conditions, terms, or restrictions.

   (g)   A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens.

   (h)   A description, where appropriate, of any provisions for the preservation and restoration of historic structures.

   (i)   The development agreement shall provide a development schedule, including commencement dates and interim completion dates at no greater than five-year intervals; provided, however, the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of the development agreement pursuant to G.S. 160D-1008 but must be judged based upon the totality of the circumstances.

   (j)   If more than one local government is made party to an agreement, the agreement must specify which local government is responsible for the overall administration of the development agreement. The development agreement also may cover any other matter not inconsistent with this division.

   (k)   Any performance guarantees under the development agreement shall comply with G.S. 160D-804.1.

   A development agreement may include the following:

   (a)   A development agreement may provide that the entire development or any phase of it be commenced or completed within a specified period of time.

   (b)   The development agreement may include other defined performance standards to be met by the developer. The developer may request a modification in the dates as set forth in the agreement. Consideration of a proposed major modification of the agreement shall follow the same procedures as required for initial approval of a development agreement.

   Any major modification of the terms of the development agreement shall not be permitted without the publishing of a public notice and the conduct of a public hearing of the same form and content as were required for the original development agreement.

(Amend. of 7-10-2006(1); Amend. of - - )

   Unless the development agreement specifically provides for the application of subsequently enacted laws, the laws applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement.

   (a)   Except for grounds specified in G.S. 160D-108.1(f), a local government may not apply subsequently adopted ordinances or development policies to a development that is subject to a development agreement.

   (b)   In the event state or federal law is changed after a development agreement has been entered into and the change prevents or precludes compliance with one or more provisions of the development agreement, the local government may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the development agreement, by ordinance after notice and a hearing.

   (c)   This section does not abrogate any rights preserved by G.S. 160D-108 and 160D-108.1, or that may vest pursuant to common law or otherwise in the absence of a development agreement.

(Amend. of 7-10-2006(1); Amend. of - - )

   At least once every 12 months, the planning director or designee shall review the status of the development to ascertain its level of compliance with the agreement. Within 60 days of the mailing of the compliance report of the planning director or designee to the developer, the developer must demonstrate a plan for, or progress toward, good-faith compliance with any noncompliance or deficiency indicated in the report.

   (a)   If, after these 60 days, the local government finds and determines that the developer has committed a material breach of the terms or conditions of the agreement, the local government shall serve notice in writing, within the next 30 days, upon the developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the developer a reasonable time in which to cure the material breach. That reasonable time shall not exceed 180 days.

   (b)   If the developer fails to cure the material breach within the time given, then the local government unilaterally may terminate or modify the development agreement; provided, the notice of termination or modification may be appealed to the board of adjustment in the manner provided by G.S. 153A-345(b).

(Amend of 7-10-2006(1))

   A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.

(Amend. of 7-10-2006(1))

   (a)   Except as otherwise provided by this part, any development agreement entered into by a local government before the effective date of a change of jurisdiction shall be valid for the duration of the agreement, or eight years from the effective date of the change in jurisdiction, whichever is earlier. The parties to the development agreement and the local government assuming jurisdiction have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the previous jurisdiction.

   (b)   A local government assuming jurisdiction may modify or suspend the provisions of the development agreement if the local government determines that the failure of the local government to do so would place the residents of the territory subject to the development agreement, or the residents of the local government, or both, in a condition dangerous to their health or safety, or both.

(Amend. of 7-10-2006(1))

   Within 14 days after a local government enters into a development agreement, the developer shall record the agreement with the register of deeds. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

(Amend. of 7-10-2006(1))

   In the event that any of the obligations of the local government in the development agreement constitutes debt, the local government shall comply, at the time of the obligation to incur the debt and before the debt becomes enforceable against the local government, with any applicable constitutional and statutory procedures for the approval of this debt.

(Amend. of 7-10-2006(1))

   A development agreement adopted pursuant to this division shall not exempt the property owner or developer from compliance with the state building code or state or local housing codes that are not part of the local government's planning, zoning, or subdivision regulations.

(Amend. of 7-10-2006(1))