Except as otherwise specifically provided in this chapter, it shall be unlawful to begin any excavation, removal of soil, clearing of site, or placing any fill on lands contemplated for development, or to begin any construction, moving, alteration, or renovation, except for ordinary repairs, of any building or other structure, including accessory structures and signs, until the planning director has issued for such action a land use permit, certifying that such development complies with the applicable provisions of this chapter.

(Ord. of 7-10-2000, § 7.1)

   Site plan review and approval by the board of commissioners, planning board or planning director as appropriate, shall be required prior to the issuance of a land use permit for any development, with the following exceptions:

   (1)   Any development of a single- or two-family dwelling on a zoning lot, or any accessory thereto;

   (2)   Expansion of development previously existing within a zoning lot may be reviewed and approved by the planning director if it would result in:

      a.   Addition of not more than 15 percent of previously existing floor area, or 2,500 square feet of floor area, whichever is greater;

      b.   Addition of not more than 15 percent of previously existing parking spaces, or 20 parking spaces, whichever is greater; and

      c.   An increase of not more than 15 percent in the amount of land cleared for nonagricultural development, or 10,000 square feet of new land clearing, whichever is greater.

   (3)   Any sign;

   (4)   Any development pursuant to an approved special use permit including special use permits which are no longer necessary and have therefore been abandoned, provided the planning director finds that no modifications are proposed to the plans, and conditions in the area have not changed significantly; or

   (5)   Any development in the opinion of the planning director, does not significantly affect vehicular circulation patterns, drainage, relationship of buildings to each other, or landscape buffering, provided such existing site elements comply with the applicable provisions of this chapter.

(Ord. of 7-10-2000, § 7.2)

   (a)   Applications for a land use permit shall be submitted to the planning director. The planning director shall prescribe the form on which applications are made. In case of applications involving site plan review, applications shall include the name and address of the applicant, the name and address of the owner of each zoning lot involved, and the relationship of the applicant and property owner in connection with the application. If the applicant or property owner listed on an application involving site plan review is an entity other than an individual, the application shall also include detailed information regarding the principals of the entity. The planning director shall prescribe any other material that may reasonably be required to determine compliance with this chapter, with sufficient copies for necessary referrals and records. No application shall be accepted by the planning director unless it complies with such submittal requirements. For the purposes of this chapter, an incomplete application is considered to have not been submitted and shall be returned forthwith to the applicant, with a notation of the deficiencies in the application. Where a building permit, stormwater management permit, or sign permit is required, applications for such permits may be made coincidentally with the application for a land use permit.

(Ord. of 7-10-2000, § 7.3.1; Amend. of - - )

   On receipt of a completed application for a land use permit, the planning director shall cause an analysis to be made by qualified representatives of the county and such other agencies or officials as appear appropriate in the circumstances of the case, to determine compliance with applicable provisions of this chapter and any applicable conditions of an approved special use permit or conditional use permit. The board of commissioners, or planning director, as appropriate, may impose such reasonable conditions on an approval as will ensure compliance with applicable regulations.

(Ord. of 7-10-2000, § 7.3.2)

   (1)   A condition requiring the applicant to provide performance guarantees and/or maintenance guarantees deemed necessary to ensure compliance with the requirements of this chapter and the conditions of permit approval.

   (2)   A condition permitting the applicant to provide performance guarantees in lieu of actual completion or required improvements prior to the use or occupancy of the development authorized by the land use permit, provided the delayed completion of such improvements is determined to be compatible with the public health, safety and welfare.

   (1)    Surety bond issued by any company authorized to do business in North Carolina.

   (2)   Letter of credit issued by any financial institution licensed to do business in North Carolina.

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

   (g)   No performance guarantee shall be released until certification of the satisfactory completion of all required improvements covered by such performance guarantee has been submitted to and approved by the planning director, which shall be done in a timely manner upon the acknowledgement by the county that the improvements for which the performance guarantee is being required are complete. The county shall return letters of credit or escrowed funds upon completion of the required improvements to its specifications or upon acceptance of the required improvements, if the required improvements are subject to county acceptance.

   (h)   If the required improvements covered by a performance guarantee are not completed in accordance with the terms of the performance guarantee, the obligor shall be liable thereon to the county for the reasonable cost of the improvements not completed and the county may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

(Ord. of 7-10-2000, § 7.3.3; Amend. - - )

   In the case of approval or approval with conditions of an application for a land use permit, the planning director shall issue the land use permit. In case of denial on an application, the applicant shall be notified, in writing, of the reasons for such denial. Where a building permit, stormwater management permit, or sign permit is required, such permit shall not be issued prior to the issuance of the land use permit required for the development and shall comply with the approved land use permit, including all conditions of approval thereto. No building or structure for which a land use permit has been issued shall be used or occupied until, after final inspection, a certificate of occupancy has been issued indicating compliance with the provisions of this chapter and all other state and local laws, including the conditions of the land use permit and all other required permits.

(Ord. of 7-10-2000, § 7.3.4)

   A decision by the planning director in granting or denying site plan approval may be appealed to the board of adjustment in accordance with the provisions of article XI of this chapter. A decision by the board of commissioners in granting or denying a site plan accompanying a special use permit application, may be appealed to the superior court within 30 days of the decision. Failure to appeal within the deemed time will be considered a waiver of appeal.

(Ord. of 7-10-2000, § 7.3.5)

   The planning director may approve a modification of land use permit for changes to plans approved under site plan review as long as such changes continue to comply with the approving action and all other applicable requirements. An application for modification of a land use permit shall be reviewed in accordance with the procedures established in this article.

(Ord. of 7-10-2000, § 7.4)

   (a)   Starting time limit. If the use, construction, or activity authorized by approval of an application for a land use permit or modification of a land use permit is not started within 12 months of the date of approval, the permit shall expire and any county permit issued pursuant to the approval shall be void. The planning director may grant an extension of the starting time limit for up to 12 months. The planning director shall determine whether the use, construction, or activity has started.

   (b)   Revocation of land use permit. If any conditions of a land use permit or modification of a land use permit, or requirements of this chapter applicable to the permit or modification are violated, the planning director may revoke the permit or modification. The planning director may reinstate a revoked land use permit or modification of a land use permit if he determines that:

   (1)   The holder of the revoked permit or modification submitted a request for reinstatement within 90 days of the revocation;

   (2)   The violations that were the cause of the revocation have been corrected; and

   (3)   The development fully complies with all conditions of the permit or modification and all applicable requirements of this chapter.

(Ord. of 7-10-2000, § 7.5)

   It is the intent of this division that the development and approval of a master or conceptual plan, would permit greater flexibility in the design and development of tracts of land 100 acres or greater in size; and therefore promote and encourage more creative and imaginative design solutions while conserving the value of land. This process is intended to provide a procedure which can relate to type, design and layout of residential, office and commercial development to a particular site in a general way, providing the basis for subsequent, more detailed development plans and applications through the county's special use permit process.

(Ord. of 7-10-2000, § 7.6)

   The master plan conveys the general intent and system of development. It is a conceptual plan that illustrates and defines land use areas for residential, office, commercial, open spaces, and special facilities or other land uses. General circulation patterns, both vehicular and pedestrian, are identified and indicated on the conceptual plan. Master plans may be prepared for development tracts of 100 acres or more.

(Ord. of 7-10-2000, § 7.6.1)

   Cross reference—Definitions generally, § 1-2.

   All master plans shall demonstrate a high quality of overall site design. The design and construction of site elements shall include appropriate consideration of the relationship and balance among site elements, the relationship of the development to natural site features, neighboring developments and access and circulation systems, retention of natural vegetation, minimal alteration of natural topography, mitigation of erosion and sedimentation, mitigation of stormwater drainage and flooding, arrangement and orientation of buildings and amenities in relation to each other and to neighboring developments and streets, landscaping, preservation or enhancement of vistas, and mitigation of vehicular traffic impacts. No master plan shall be approved that does not demonstrate appropriate consideration of these criteria.

(Ord. of 7-10-2000, § 7.6.2)

   (b)   Action on the application. On receipt of a completed application for master plan approval, the planning director shall cause an analysis to be made by qualified representatives of the county and such other agencies or officials as appear appropriate in the circumstances of the case, to determine compliance with applicable provisions of this chapter and any applicable conditions of an approved special use permit or conditional use permit.

   (c)   Planning director's report. The planning director shall submit to the planning board a written analysis of the application for master plan approval and his recommendation.

   (d)   Planning board review. The planning board shall review the application for master plan approval and the planning director's report and shall submit a written recommendation to the board of commissioners. The planning board shall base its recommendation on its determination whether or not the application conforms to all applicable provisions of this chapter, and whether or not the application is consistent with county development plans and policies. If the planning board recommends approval of the application with conditions, the applicant may amend the application to conform to all or some of the conditions, provided the planning director reviews the amended application for compliance with applicable regulations and certifies that the amendments conform to the conditions of the planning board recommendation. In such cases, the planning director may amend his report to conform to any or all of the planning board's recommendations. The planning director shall then forward his report and the planning board's recommendation to the board of commissioners at the next available public hearing scheduled for master plan applications.

   (f)   Board of commissioners action. The board of commissioners shall act on the application after reviewing the application, the planning director's report, the planning board's recommendation, and public comment thereon. It shall base its action on its findings as to conformity with all applicable regulations of this chapter. Its action shall be on the following: approval, approval subject to conditions, or denial. The board of commissioners may impose such reasonable conditions on an approval as will ensure compliance with applicable regulations.

   (g)   Actions after decision. The planning director shall notify the applicant of the board of commissioners' decision in writing and shall file a copy with the county's planning department. If the application is approved or approved with conditions, the planning director shall issue the necessary master plan approval in accordance with the action of the board of commissioners. The applicant shall record such approval in the office of the county register of deeds prior to any applications for a land use permit, stormwater management permit, or building permit. The master 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.

(Ord. of 7-10-2000, §§ 7.6.3, 7.6.4; Amend. of - - )

   If an application for development of at least one phase has not been accepted by the planning director within two years of the date of approval of the master plan, the approval shall automatically expire. After that time the applicant may resubmit the original application. The planning director may reapprove that application unless he determines that paramount considerations of health, the general welfare, or public safety require the application to be reviewed in accordance with the procedures set forth in section 14-324(d). The planning director may reapprove the application only once, for a period of 12 months.

(Ord. of 7-10-2000, § 7.6.5)

   (a)   The planning director is authorized to approve minor changes and changes in ordering of phases in the approved master plan as long as such changes continue to be in compliance with the approving action of the board of commissioners and all other applicable requirements, but shall not have the authority to approve changes that constitute a modification of the master plan. Before making a determination as to whether a proposed action is a minor change or a modification, the planning director shall review the record of the proceedings on the original application for the master plan and subsequent applications for modifications of the master plan and shall use the following criteria in making the determination:

   (1)   A change in the boundaries of the site approved by the board of commissioners shall constitute a modification;

   (2)   A change from the use approved by the board of commissioners shall constitute a modification;

   (3)   Substantial changes in vehicular access or circulation approved by the board of commissioners shall constitute a modification; and

   (4)   Substantial change that results in reducing the amount of landscaped and open areas approved by the board of commissioners shall constitute a modification.

   (b)   If the proposed action is determined to be a modification, the planning director shall require the filing of an application for approval of the modification. An application for a modification of a master plan shall be reviewed in accordance with the provisions established in section 14-324(d).

(Ord. of 7-10-2000, § 7.6.6)

   Once a master plan or a modification of a master plan has been approved for a tract of land, no further development approval shall be granted unless it is consistent with the master plan.

(Ord. of 7-10-2000, § 7.6.7)

   If a master plan is approved for a tract of land, and an application for a special use permit is subsequently received, then the special use permit application must be consistent with the approved master plan. If it is consistent with the master plan, a rebuttable presumption shall thereby be established that the proposed development would:

   (1)   Maintain or promote the public health, safety, and general welfare;

   (2)   Maintain or enhance the value of contiguous property, or be a public necessity; and

   (3)   Conform to county development plans and policies.

(Ord. of 7-10-2000, § 7.6.8)

   On request by the holder of an approved master plan, the board of commissioners, after review and recommendation by 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 master plan. On request by the holder of an approved master plan, the board of commissioners may revoke the plan and any special use permits approved pursuant to the master plan if it determines that:

   (1)   Construction pursuant to the plan has started;

   (2)   The request is made in conjunction with an application for approval of a development other than that authorized by the plan;

   (3)   The proposed development as approved by the board of commissioners would incorporate adequate consideration of the site's already disturbed land area in its design; and

   (4)   The proposed use or development conforms with the general plans for the physical development of the county as embodied in this chapter and in adopted county development plans and policies.

(Ord. of 7-10-2000, § 7.6.9)

   An application for approval of a master plan may be considered simultaneously with an application for preliminary plat approval on the same site. If both applications are approved, any development on resulting subdivided lots must be consistent with the approved master plan. The individual lots so created within the context of a master plan shall not be required to meet the lot design standards of article VI of this chapter, or the minimum lot size or building setback regulations of article II of this chapter, provided the zoning lot containing the master plan meets such standards.

(Ord. of 7-10-2000, § 7.6.10)

   (a)   Master plans can be reviewed and approved for development tracts of at least 20 acres under the following conditions:

   (1)   Development is proposed on tracts of a size of 20 contiguous acres;

   (2)   The proposed development is adjacent to a master plan that has been approved by the board of commissioners; and

   (3)   The proposed uses, circulation patterns and landscape buffers are demonstrated to be compatible with the adjacent master plan. In addition, architecture and landscape treatments shall be demonstrated to be consistent and in harmony with the adjacent approved master plan as specified in the master plan permit approved by the board of commissioners.

   (b)   In such cases, application for approval of a master plan shall be treated as a new application, and shall follow the procedures established in this article.

(Ord. of 7-10-2000, § 7.6.11)