The purpose of this article is to establish an orderly process to develop land within the City of Kinston. It is also the intent of this article to provide a clear and comprehensible development process that is fair and equitable to all interests including the petitioners, affected neighbors, city staff, related agencies, the planning board, and the city council. Approved plans shall be the guiding documents for final approval and permitting.

The development review process applies to all development actions within the planning jurisdiction except for existing individual lots for single-family detached residential and two-family residential (duplex) development. The provisions of this article shall be applicable for all minor and major subdivisions and minor and major site plans. The UDO administrator may waive the required development review process only in the following cases when he determines that the submission of a development plan in accordance with this article would serve no useful purpose:

5.1.1. Accessory structures.

5.1.2. Any enlargement of a principal building by less than twenty (20) percent of its existing size provided such enlargement will not result in parking or landscaping improvements.

5.1.3. A change in principal use where such change would not result in a change in lot coverage, parking, or other site characteristics.

5.2.1. The applicant shall schedule a pre-application meeting with the UDO administrator to review a sketch plan of the proposed development, including minor and major subdivisions and minor and major site plans. The sketch plan shall meet the requirements of subsection 5.2.3. The UDO administrator will advise the applicant of all applicable city regulations and policies, suggest development alternatives, application procedures, and fees (see section 2.8). The pre-application meeting is a non-binding and informal review of a development proposal intended to provide information to the applicant on the procedures and policies of the City of Kinston and does not confer upon the applicant any development rights. The UDO administrator may submit a sketch plan to other departments or agencies for input and recommendations. Within fifteen (15) days of receipt of the sketch plan, the UDO administrator shall forward all appropriate comments to the applicant. This timeframe may be extended if comments are requested from other agencies.

5.2.2. The applicant is encouraged to incorporate the recommendations of the UDO administrator or authorized staff reviewer into the development plan before submittal. The sketch plan is only a courtesy intended to inform the applicant of the approval criteria prior to submittal of the development plan; furthermore, sketch plan review does not constitute approval of the development plan and may not be substituted for any required approvals.

5.2.3. Three (3) copies of the sketch plan, drawn to scale, shall be submitted, including the following:

5.2.3.1. A scale, preferably the same scale as required for development plan submittal.

5.2.3.2. Property boundaries and total acreage, including NC PINs for all properties.

5.2.3.3. Major topographical and physical features such as creeks, buildings, streets, and the like.

5.2.3.4. Proposed streets, buildings, and/or lot arrangements, including proposed lot sizes.

5.2.3.5. Existing and proposed land use, drawn to scale, with brief project description including building sizes, unit sizes, lot sizes, open space, amenities, and the like.

5.2.3.6. Name, address, and telephone number of applicant and persons (firm) preparing the development plan.

5.2.3.7. Adjacent street names, numbers, and right-of-way widths.

5.2.3.8. Zoning district classification of site and surrounding properties, including those across streets.

5.2.3.9. Yard setbacks and proposed structures.

5.2.3.9[10]. The boundaries of any proposed phasing.

Administrative approval includes:

•  Minor site plans. Include the following:

(1)

Buildings or additions with an aggregate enclosed square footage of less than twenty thousand (20,000) square feet;

(2)

Buildings or additions involving land disturbance of less than one (1) acre;

(3)

Multi-family development involving less than ten (10) dwelling units;

(4)

Parking lot expansions which comply with this ordinance with no increase in enclosed floor area;

(5)

Revision to landscaping, signage, or lighting which comply with the requirements of this ordinance;

(6)

Accessory uses which comply with the requirements of this ordinance; and

(7)

Site plans which do not require a variance or modification of the requirements of this ordinance, and otherwise comply with this ordinance.

•  Minor subdivisions.

•  Construction and as-built drawings.

•  Final plats.

NOTE: A sketch plan and/or pre-application meeting is not required for a final plat submittal.

5.3.1. Administrative approval flowchart.

5.3.2. Development permit application/zoning verification. A development permit application shall be submitted and zoning compliance verified by the UDO administrator. If the zoning is in compliance, the applicant may proceed with submittal of site plan, plats, or drawings. If the proposed development is not zoning compliant, the applicant must request a rezoning (see section 4.1) or a variance (see section 4.4) before proceeding with site plan, plat, or drawing submittal.

5.3.3. Minor site plan, minor subdivision plat, or construction drawings submitted for review. A plan of the proposed development shall be submitted in accordance with sections 5.5 through 5.7, and shall be accompanied by the completed application and payment of a fee as adopted by the city council (see section 2.8).

5.3.4. Staff review. The UDO administrator may circulate the plan to relevant governmental agencies and officials. The reviewing government agencies and officials may include, but not necessarily be limited to, the following:

•  UDO administrator

•  City manager

•  Police department

•  Fire department

•  Building inspections department

•  City engineer

•  City attorney

•  Other city representatives appointed by the city manager

•  Utilities providers

•  Lenoir County Health Department

•  Lenoir County Board of Education

•  Eastern Carolina Rural Planning Organization

•  N.C. Department of Transportation

•  N.C. Department of Environment and Natural Resources

•  U.S. Army Corps of Engineers

5.3.5. Approval. If the site plan, construction drawings, as-built drawings, or final plat is found to meet all of the applicable regulations of this ordinance, then the UDO administrator shall issue a zoning permit for site plans or approve final subdivision plats.

5.3.6. Appeal of administrative denial. Administrative denial of an application for approval of a minor site plan, minor subdivision, construction drawings, or final plats may be appealed by the applicant to the planning board within thirty (30) days following written notification of denial by the UDO administrator.

5.3.7. Certificate of zoning compliance.

5.3.7.1. No land shall be used or occupied and no building hereafter constructed, structurally altered, erected, or moved, shall be used, or its use changed until a certificate of zoning compliance shall have been issued by the UDO administrator, or his designee which may include the building inspector, stating that the building or the proposed use thereof complies with the provisions of this ordinance.

5.3.7.2. A certificate of zoning compliance, either for the whole or a part of a building, shall be applied for prior to the application for a building permit and shall be issued together with the building permit.

5.3.7.3. Application for certificate of zoning compliance. Each application for a preliminary certificate of zoning compliance shall be accompanied by a site plan (if not already submitted in accordance with subsection 5.3.3) in duplicate, drawn to scale, one copy of which shall be returned to the owner upon approval. The plan shall show the following:

5.3.7.3.1. The shape and dimensions of the lot on which the proposed building or use is to be erected or constructed.

5.3.7.3.2. The location of the lot with respect to adjacent rights-of-way.

5.3.7.3.3. The shape, dimensions, and location of all buildings, existing and proposed, on the lot.

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

5.3.7.3.5. The location and dimensions of off-street parking and the means of ingress and egress to the space.

5.3.7.3.6. Any other information which the UDO administrator may deem necessary for consideration in enforcing the provisions of this ordinance. The UDO administrator may waive any of the above requirements which may not be applicable or otherwise deemed necessary by the UDO administrator.

5.3.8. Building permit required.

5.3.8.1. No building or other structure shall be erected, moved, added to, demolished, or structurally altered without a building permit issued by the building inspector and a zoning permit issued by the UDO administrator. No building permit shall be issued by the building inspector except in conformity with the provisions of the N.C. State Building Code and this ordinance unless he or she receives a written order from the board of adjustment in the form of a variance to this ordinance as provided for by this ordinance.

5.3.8.2. Application for building permit. All applications for building permits shall be accompanied by plans, including a survey not more than six (6) months old, as specified by the N.C. State Building Code. The application shall include other information as lawfully may be required by the building inspector, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, dwelling units or rental units the building is designed to accommodate; conditions existing on the lot; floodplain development permit; and any other matters as may be necessary to determine conformance with, and provide for the enforcement of this ordinance. A minimum of two (2) copies of the plans shall be required. One (1) copy of the plans shall be returned to the applicant by the building inspector, after he shall have marked the copy either as approved or disapproved and attested to same by his signature on the copy. One (1) copy of the plans, similarly marked, shall be retained by the building inspector.

5.3.9. Inspections and certificates of occupancy. No new building, or part thereof, shall be occupied, and no addition or enlargement of any existing building shall be occupied, and no existing building after being altered or moved shall be occupied, and no change of use shall be made in any existing building or part thereof, until the building inspector has issued a certificate of occupancy.

A certificate of occupancy shall be applied for subsequent to or concurrent with the application for a certificate of zoning compliance and shall be issued within five (5) business days after the erection or structural alteration of such building or part shall have been completed in conformity with the provisions of this ordinance. A temporary certificate of occupancy for a portion of a structure 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 or for other temporary uses. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this ordinance. If the certificate of occupancy is denied, the building inspector shall state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the building inspector for a period of time in accordance with the N.C. Department of Cultural Resources requirements (N.C.G.S. 132-8) and copies shall be furnished on request to any persons having a proprietary or tenancy interest in the building or land involved.

For all developments, excluding single-family residential uses, prior to the issuance of a certificate of occupancy by the building inspector, a final zoning inspection shall be conducted to ensure that the approved plan has been followed and all required improvements have been installed to city standards. The city council must have accepted all publicly dedicated improvements contingent upon the recordation of the final plat or provision of performance guarantees approved by the city council as specified in subsection 5.7.4.7.

For minor site plans and minor subdivision final plats, an as-built survey and as-built construction drawings shall be submitted to the UDO administrator by the developer upon completion of the building foundation(s) to ensure that setbacks and building orientation match the approved site plan. If the survey shows that the placement of the building is incorrect, then the UDO administrator shall issue a stop-work order and all construction shall be halted until the problem is remedied.

Planning board review and approval applies to the following:

•  Major site plans. Includes all site plans for projects not meeting the requirements for a minor site plan.

•  Major subdivisions. Includes all subdivisions not meeting the requirements for a minor subdivision.

5.4.1. Planning board review and approval flowchart.

5.4.2. Development permit application/zoning verification. A development permit application shall be submitted and zoning compliance verified by the UDO administrator. If the zoning is in compliance, the applicant may proceed with submittal of site plan, plats, or drawings. If the proposed development is not zoning compliant, the applicant must request a rezoning (see section 4.1) or a variance (see section 4.4) before proceeding with site plan, plat, or drawing submittal.

5.4.3. Major site plan, major subdivision plat, or construction drawings submitted for review. All major site plans and major subdivision preliminary plats shall be submitted in accordance with sections 5.6 and 5.7, and shall be accompanied by the completed application and payment of a fee as adopted by the city council (see section 2.8).

5.4.4. Staff review. The UDO administrator may require that the plan be circulated to relevant governmental agencies and officials for comments and recommendations. The reviewing agencies and officials may include, but not necessarily be limited to those listed in subsection 5.3.4.

5.4.5. Review and approval by the planning board.

5.4.5.1. Following a complete review by the staff, the UDO administrator shall schedule the application for review by the planning board at the next regularly schedule meeting.

5.4.5.2. The planning board shall have up to forty-five (45) days from the date of referral by the UDO administrator to recommend approval, approval with conditions, or denial of the request. Alternatively, the planning board may suspend the review period for a specific number of days and request additional information of the applicant, other governmental agencies, or interested/affected parties in order to aid in the review of the request or deferral of its consideration. The submittal of additional information does not restart the initial forty-five-day review period.

5.4.6. Approval. All required local, state, and/or federal permits must be obtained prior to the approval of the site plan or final plat. If the site plan or final plat is found to meet all of the applicable regulations of this ordinance, then the UDO administrator shall issue a zoning permit for site plans or approve final subdivision plats.

5.4.7. Appeal of planning board denial.

5.4.7.1. Planning board denial of an application for approval of a major site plan or major subdivision may be appealed by the applicant to the city council within thirty (30) days following written notification of denial by the planning board.

5.4.7.2. Following denial by the planning board or city council (if appealed to the city council), the applicant may file a new application and associated fee. Unless the planning board/city council explicitly states conditions that must be met prior to the resubmission of an application, the applicant shall not submit a new application for the same property within one (1) year of the date of denial by the planning board/city council unless the application is significantly different from the previously denied application. All applications shall be resubmitted for full review unless the application is resubmitted to address conditions set forth by the planning board/city council for reapplication.

5.5.1. Applicability and process. The construction drawings for minor site plans, major site plans, and major subdivision preliminary plats shall be submitted with the site plan or preliminary plat. The construction drawings shall be reviewed concurrent with the site plan. Construction drawings shall be approved administratively prior to the issuance of a zoning permit.

5.5.2. Submittal requirements. Construction drawings shall include the following:

•  Site plan or preliminary plat

•  Existing conditions

•  Grading plan

•  Soil and erosion control plan

•  Landscaping details

•  Lighting plan

•  Street details, if applicable

•  Infrastructure details

•  Stormwater control plan

5.6.1. Pre-application meeting and sketch plan. The applicant shall schedule a pre-application meeting with the UDO administrator to review a sketch plan of the proposed site plan. The UDO administrator will determine if the plan constitutes a minor or major site plan, in accordance with the definitions in appendix A, and advise the applicant of all applicable city regulations and policies, applications procedures, and fees.

5.6.2. Minor site plans. Minor site plans follow the administrative approval process as specified in section 5.3. Minor site plans shall be submitted as part of a full set of construction drawings. Construction drawing approval is required prior to the issuance of a zoning permit. Refer to section 5.5, Construction drawing requirements.

5.6.3. Major site plans. Major site plans follow the planning board approval process as specified in section 5.4. The major site plan shall be reviewed by the UDO administrator for completeness, compliance with this ordinance, and soundness of design. The plan shall then be reviewed for recommendation and approval by the planning board. Construction drawing approval is required prior to the issuance of a zoning permit.

5.6.4. Site plan requirements.

5.6.4.1. Information to be shown on site plan. The site plan shall be prepared by a professional engineer, registered land surveyor, or architect and shall be drawn to scale of not less than one inch equals thirty (30) feet. The site plan shall be based on the latest tax map information and shall be of a size as required by each individual site plan. The site plan shall contain the following information:

5.6.4.1.1. A key map of the site with reference to surrounding areas and existing street locations.

5.6.4.1.2. The name and address of the owner and site plan applicant, together with the names of the owners of all contiguous land and of property directly across the street as shown by the most recent tax records.

5.6.4.1.3. Parcel identification numbers (PIN) for site and adjacent properties.

5.6.4.1.4. Deed book and page reference demonstrating ownership of property.

5.6.4.1.5. Lot line dimensions.

5.6.4.1.6. Location of all structures, streets, entrances, and exits on the site and on contiguous property directly across the street.

5.6.4.1.7. Location of all existing and proposed structures, including their outside dimensions and elevations.

5.6.4.1.8. Building setback, side line, and rear yard distances.

5.6.4.1.9. Location of flood zones.

5.6.4.1.10. All existing physical features, including water courses, existing trees greater than eight (8) inches in diameter measured four and one-half (4.5) feet above ground level, and significant soil conditions.

5.6.4.1.11. Topography showing existing and proposed contours at two-foot intervals. All reference benchmarks shall be clearly designated.

5.6.4.1.12. The zoning of the property, including zoning district lines where applicable.

5.6.4.1.13. Property lines of the tract to be developed (with dimensions identified), adjacent property lines (including corporate limits, city boundaries, and county lines).

5.6.4.1.14. Parking, loading, and unloading areas shall be indicated with dimensions, traffic patterns, access aisles, and curb radii per the requirements of article 9, part III.

5.6.4.1.15. Improvements such as roads, curbs, bumpers, and sidewalks shall be indicated with cross-sections, design details, and dimensions.

5.6.4.1.16. Location and design of existing and proposed stormwater systems, sanitary waste disposal systems, water mains and appurtenances, and method of refuse disposal and storage.

5.6.4.1.17. Underground utility lines, including water, sewer, electric power, telephone, gas, cable television.

5.6.4.1.18. Impervious surface areas with area dimensions.

5.6.4.1.19. Aboveground utility lines and other utility facilities.

5.6.3.1.20. Utility or other easement lines.

5.6.4.1.21. Fire hydrants.

5.6.4.1.22. The location and dimensions of all recreational areas.

5.6.4.1.23. The location and dimensions of all areas intended as usable open space. The plans shall clearly indicate whether such open space areas are intended to be offered for dedication to public use or to remain privately owned.

5.6.4.1.24. Landscaping and buffering plan showing what will remain and what will be planted, indicating names of plants, trees, and dimensions, approximate time of planting, and maintenance plans per the requirements of article 9, part I. The plan shall include the tree line of wooded areas and individual trees eighteen (18) inches in diameter or more, identified by common or scientific name.

5.6.4.1.25. Proposed lighting.

5.6.4.1.26. Location, dimensions, and details of signs per the requirements of article 9, part IV.

5.6.4.1.27. Location of dumpsters and screening as required by article 9, part I.

5.6.4.1.28. North arrow.

5.6.4.1.29. Location of all 404 wetland areas.

5.6.4.1.30. Location of detention/retention ponds and screening as required by article 9, part I.

5.6.4.2. Performance standards. In reviewing any site plan, the UDO administrator or planning board, as applicable, shall consider:

5.6.4.2.1. Pedestrian and vehicular traffic movement within and adjacent to the site with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods, and vehicles from access roads, within the site, between buildings, and between buildings and vehicles. The planning board shall ensure that all parking spaces comply with article 9, part III. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site.

5.6.4.2.2. The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact of surrounding development, and contiguous and adjacent buildings and lands.

5.6.4.2.3. Adequate lighting, based upon the standards set forth in article 9, part VIII shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be a type approved by the planning board.

5.6.4.2.4. Buffering shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles, and to shield activities from adjacent properties in accordance with article 9, part I.

5.6.4.2.5. Landscaping shall be provided as part of the overall site design and integrated into building arrangements, topography, parking, and buffering requirements in accordance with article 9, part I.

5.6.4.2.6. Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site, and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians (refer to article 9, part IV).

5.6.4.2.7. Storm drainage, sanitary waste disposal, water supply, and garbage disposal shall be reviewed for compliance with applicable federal, state, and local requirements. Particular emphasis shall be given to the adequacy of existing systems, and the need for improvements, both on-site and off-site, to adequately carry run-off and sewage, and to maintain an adequate supply of water at sufficient pressure. The storm drainage design shall not result in an increase in stormwater runoff on adjacent properties. The proposed project design shall comply with all applicable requirements and thresholds established by the N.C. Department of Environmental and Natural Resources (Division of Water Quality, Division of Coastal Management [CAMA], and Division of Land Quality), and the U.S. Army Corps of Engineers.

5.6.4.2.8. Environmental elements relating to soil erosion, preservation of trees, protection of water courses, and resources, noise, topography, soil, and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements.

5.6.4.2.9. All projects greater than one (1) acre are required to comply with the North Carolina Sedimentation and Erosion Control regulations. All required permits must be provided to the City of Kinston prior to project approval.

5.6.5. Certificate of zoning compliance/building permit. An application for a certificate of zoning compliance may be requested in advance of or concurrently with an application for a building permit in accordance with sections 5.3.7 and 5.3.8.

5.6.6. Inspections and certificates of occupancy. No new building, or part thereof, shall be occupied, and no addition or enlargement of any existing building shall be occupied, and no existing building after being altered or moved shall be occupied, and no change of use shall be made in any existing building or part thereof, until the building inspector has issued a certificate of occupancy.

A certificate of occupancy shall be applied for subsequent to or concurrent with the application for a certificate of zoning compliance and shall be issued within five (5) business days after the erection or structural alteration of such building or part shall have been completed in conformity with the provisions of this ordinance. A temporary certificate of occupancy for a portion of a structure 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 or for other temporary uses. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this ordinance. If the certificate of occupancy is denied, the building inspector shall state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the building inspector for a period of time in accordance with the N.C. Department of Cultural Resources requirements (N.C.G.S. 132-8) and copies shall be furnished on request to any persons having a proprietary or tenancy interest in the building or land involved.

For all developments, excluding single-family residential uses, prior to the issuance of a certificate of occupancy by the building inspector, a final zoning inspection shall be conducted to ensure that the approved plan has been followed and all required improvements have been installed to city standards. The city council must have accepted all publicly dedicated improvements contingent upon the recordation of the final plat or provision of performance guarantees approved by the city council as specified in subsection 5.7.4.7.

For major sites plans, an as-built survey and as-built construction drawings shall be submitted to the UDO administrator by the developer upon completion of the building foundation(s) to ensure that setbacks and building orientation match the approved site plan. If the survey shows that the placement of the building is incorrect, then the UDO administrator shall issue a stop-work order and all construction shall be halted until the problem is remedied.

5.7.1. Subdivision exceptions. This section shall be applicable to all subdivisions except those which are exempt in accordance with section 1.3. The planning board may authorize exceptions for subdivisions from any portion of this ordinance when, in its opinion, undue hardship may result from their strict compliance. In granting an exception, the planning board shall hold a quasi-judicial public hearing and make the findings required herein, taking into account the nature of the proposed subdivision, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No relief shall be granted unless it is found:

5.7.1.1. That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land; and

5.7.1.2. That the relief is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and

5.7.1.3. That the circumstances giving rise to the need for the relief are peculiar to the subdivision and are not generally characteristic of other subdivisions in the jurisdiction of this ordinance; and

5.7.1.4. That the granting of the relief will not be detrimental to the public health, safety, and welfare or injurious to other property in the area in which said property is situated.

Every decision of the planning board pertaining to the granting of subdivision exceptions shall be subject to review by the superior court division of the general courts of justice of the State of North Carolina by proceedings in the nature of certiorari. Any petition for review by the superior court shall be duly verified and filed with the clerk of superior court within thirty (30) days after the decision of the planning board is filed in the office of the UDO administrator, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the UDO administrator at the time of the planning board's hearing of the case, whichever is later.

5.7.2. Pre-application meeting and sketch plan. The applicant shall schedule a pre-application meeting with the UDO administrator to review a sketch plan of the proposed subdivision in accordance with section 5.2. The UDO administrator will determine if the subdivision constitutes a major or minor subdivision, in accordance with the definitions in appendix A, and advise the applicant of all applicable city regulations and policies, application procedures, and fees.

5.7.3. Review procedure for minor subdivisions.

5.7.3.1. The developer shall submit a sketch development plan, as specified in section 5.2, to the UDO administrator. At this stage, the UDO administrator and the developer shall informally review the proposal.

5.7.3.2. After this initial review has been completed, the subdivider or his authorized representative shall prepare a final plat as specified in section 9.46 and submit it to the UDO administrator. At the time of submission, the subdivider shall pay to the city an application fee as established by the city council in accordance with section 2.8. Refer to section 9.47 for plat requirements.

5.7.3.3. The UDO administrator shall approve or disapprove the final plat. If the subdivider disagrees with the decision of the UDO administrator, the subdivider may appeal to the planning board at their next regular meeting.

5.7.4. Review procedure for major subdivisions.

5.7.4.1. Preliminary plat.

5.7.4.1.1. At the time of submission of the preliminary plat, the subdivider shall pay to the city an application fee as established by the city council in accordance with section 2.8. Refer to section 9.47 for plat requirements.

5.7.4.1.2. The subdivider or his or her authorized agent shall submit five (5) copies of the preliminary plat to the UDO administrator at least fourteen (14) days prior to a regular meeting of the planning board. During this period, the UDO administrator shall evaluate the plan to determine whether or not it meets the requirements of this ordinance. The UDO administrator may receive comments from other persons or agencies before making its final recommendations.

5.7.4.1.3. After the UDO administrator determines that the preliminary plat meets the requirements of this ordinance, it shall be submitted to the planning board for approval. The city shall prominently post a notice on the site proposed for subdivision or on an adjacent public street or highway right-of-way at least ten (10) days prior to the planning board meeting. The planning board shall approve, approve with conditions, or disapprove the plan within forty-five (45) days after first consideration by them. When the planning board fails to act within the 45-day period, the subdivider may appeal directly to the city council.

5.7.4.2. Final plat.

5.7.4.2.1. At the time of submission of the final plat, the subdivider or his or her authorized agent shall pay the city an application fee as established by the city council in accordance with section 2.8. Refer to section 9.47 for plat requirements.

5.7.4.2.2. Within twenty-four (24) months after approval of the preliminary plat by the planning board, the subdivider shall submit a final plat showing that he or she has completed the subdivision according to the preliminary plan. The final plat may include all or only a portion of the subdivision as proposed and approved on the preliminary subdivision plat, provided that all required improvements have been installed as called for in the approved preliminary plat or a surety bond or similar financial instrument has been approved by the city council, in accordance with subsection 5.7.4.7 for the subdivision. The UDO administrator shall determine whether or not the final plat substantially agrees with the approved preliminary plan. If substantial differences exist, the UDO administrator may deny the final plat and require that a new preliminary plat be submitted. If the plat substantially agrees with the preliminary plat, the UDO administrator shall approve the final plat within thirty (30) days after first consideration, if the city council has accepted the publicly dedicated improvements or approved a performance bond. Only after the final plat has been approved and recorded at the Lenoir County Register of Deeds office shall any lots be transferred or conveyed. The plat must be recorded within thirty (30) days after approval.

5.7.4.2.3. Five (5) copies of the final plat shall be submitted: the original, two (2) mylar copies, and two (2) blueline paper copies. The mylar shall be three (3) ml., suitable for reproduction. The three (3) reproducible copies shall each have original signature. The original copy shall be returned to the subdivider, one (1) mylar copy shall be recorded at the Lenoir County Register of Deeds office, and one (1) mylar copy of the recorded plat shall be returned to the UDO administrator.

5.7.4.2.4. The final plat shall be prepared by a surveyor licensed and registered to practice in the state. It shall conform to the provisions of plats, subdivisions, and mapping requirements as set forth in N.C.G.S. 47-30, as amended, and the Standards of Practice of Land Surveying in North Carolina.

5.7.4.2.5. The final plat shall depict or contain the information specified in section 9.47. Plats not illustrating or containing the information required in section 9.47 shall be returned to the subdivider or his or her authorized agent for completion and resubmission.

5.7.4.2.6. For any replatting or resubdivision of land, the same procedures, rules and regulations shall apply as prescribed herein for an original subdivision.

5.7.4.3. Time limitation/approval of preliminary plat. Preliminary plat approval shall be valid for two (2) years unless a greater time period is granted through a vested rights request. If final plat approval has not been obtained within said two-year period, preliminary plat approval shall become void. A new preliminary plat shall be required to be submitted and such plat shall be in conformity with all current and applicable standards in this ordinance. Notwithstanding, the developer may submit a request to the UDO administrator for a time extension for up to one (1) year for final plat submittal. Said request must be submitted to the UDO administrator prior to the original plat expiration date. No more than one (1) such extension may be granted by the UDO administrator per subdivision. The developer may submit a final plat for only a portion of the subdivision given preliminary plat approval. Said submission shall extend the expiration date for the remaining portion(s) of the subdivision for an additional two (2) years past the date of said final plat approval.

5.7.4.4. As-built drawing submittal. Prior to final plat approval or release of performance guarantees, as-built drawings shall be submitted and administratively approved. The preliminary plat may be altered by no more than ten (10) percent of the total subdivision area due to issues discovered during the as-built drawing process. If changes to more than ten (10) percent of the total subdivision area result, a new preliminary plat shall be submitted and reviewed.

5.7.4.5. Property owners association covenants review. Prior to approval of any final plat for a major subdivision, the UDO administrator shall review the covenants of the property owners association to ensure compliance with city requirements. The covenants shall include provisions for the ownership and maintenance of private streets. The UDO administrator may refer the covenants to the city attorney for review.

5.7.4.6. Improvement plans approved prior to construction. All plans and specifications for site improvements, including but not limited to grading, drainage, sidewalks, utilities (water and sewer), and street improvements shall be inspected and approved by the city prior to construction.

5.7.4.7. Performance guarantees. In lieu of requiring the completion, installation and dedication of all improvements prior to final plat approval, the City of Kinston may enter into an agreement with the subdivider whereby the subdivider shall agree to complete any remaining required improvements as specified by the approved preliminary plat for that portion of the subdivision to be shown on the final plat within a mutually agreed upon specified time period not to exceed one (1) year. Once agreed upon by both parties and the security required herein is provided, the final plat may be approved by the city council, if all other requirements of this ordinance are met. The city shall require a certified cost estimate from a licensed contractor or engineer for the cost of completion of such improvements.

5.7.4.7.1. The subdivider shall provide one of the following performance guarantees, elected at the subdivider's discretion, in lieu of installation:

5.7.4.7.1.1. Surety performance bond(s). The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do business in North Carolina. The bond(s) shall be payable to the City of Kinston, and shall be in an amount equal to one hundred twenty-five (125) percent of the entire cost, as estimated by the city engineer in conjunction with the city council, and approved by the city council for installing all required improvements. The duration of the bond(s) shall be until such time as the improvements are completed and accepted as such by the City of Kinston.

5.7.4.7.1.2. Cash or equivalent security. The subdivider shall deposit cash, an irrevocable letter of credit, or other instrument readily convertible into cash at face value, either with the city or in a non-interest bearing escrow account with a financial institution designated as an official depository of the city. The use of any instrument other than cash shall be subject to the approval of the city council. The amount of deposit shall be one hundred twenty-five (125) percent of the cost, as estimated by the city engineer in conjunction with the city council for installing all required improvements. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the city an agreement between the financial institution and himself guaranteeing the following:

•  That said escrow account shall be held in trust until released by the city council and may not be used or pledged by the subdivider in any other matter during the term of the escrow; and

•  That in the case of a failure on the part of the subdivider to complete said improvements, the financial institution shall, upon notification by the city and submission by the city to the financial institution of an engineer(s estimate of the amount needed to complete the improvements, immediately either pay to the City of Kinston the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the city any other instruments fully endorsed or otherwise made payable to the city.

5.7.4.7.2. Upon default, meaning failure on the part of the subdivider to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account shall, if requested by the city, pay all or any portion of the bond or escrow fund to the City of Kinston up to the amount equal to one hundred twenty-five (125) percent of the amount needed to complete the improvements based on an engineering estimate. Upon payment, the Kinston City Council, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The city shall return to the subdivider any funds not spent in completing the improvements.

5.7.4.7.3. The city may release a portion of any security posted as the improvements are completed and recommended for approval by the UDO administrator. Within thirty (30) days after receiving the UDO administrator's recommendation, the city council shall approve or not approve said improvements. If the city council approves said improvements, then it shall immediately release any security posted.

5.7.4.7.4. For subdivisions which are underwritten or constructed with federal funds and for which the specifications for facilities or improvements are equal to or of a higher standard than those required by the city, the bond-posting requirement may be waived and the final plat approved prior to completion of facilities or improvements.

5.7.4.8. Transfer of lots in unapproved subdivision plats. Any person who, being the owner or agent of the owner of any land located within the jurisdiction of the city, thereafter subdivides his land in violation of applicable city ordinances or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under applicable city ordinances and recorded in the office of the Lenoir County Register of Deeds, shall be guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The city may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the subdivision ordinance. Building permits required pursuant to N.C.G.S. 160A-417 may be denied for lots that have been illegally subdivided. In addition to other remedies, the city may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct.

5.7.5. Procedure for plat recordation. After the effective date of this ordinance, no subdivision plat of land within the city's jurisdiction shall be filed or recorded until it has been submitted to and approved by the appropriate agencies, and until this approval is entered in writing on the face of the plat by the chairperson or head of that agency. All publicly dedicated improvements must be accepted by the city council contingent upon final plat recordation or acceptance of an approved performance bond.

A plat shall not be filed or recorded by the Lenoir County Register of Deeds of any subdivision located within the city's jurisdiction that has not been approved in accordance with this ordinance, nor shall the clerk of superior court order or direct the recording of a plat if the recording would be in conflict with the requirements of this ordinance.

5.7.6. Issuance of permits and conveyance of subdivision lots. Zoning permits and building permits may be issued by the City of Kinston for the erection of any building on any lot within a proposed subdivision prior to the final plat of said subdivision being approved in a manner as prescribed by this ordinance and recorded at the register of deeds office, provided an improvements permit has been issued by the Lenoir County Health Department, if required. A certificate of occupancy may not be issued until the final plat has been approved and recorded.

After the effective date of this ordinance, it shall be illegal for any person being the owner or agent of the owner of any land located within the territorial jurisdiction of this ordinance, to subdivide his land in violation of this ordinance or to transfer or sell land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this ordinance.

The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The city council, through its attorney or other official so designated, may enjoin an illegal subdivision, transfer or sale of land by action for injunction. Further, violators of this ordinance shall be subject, upon conviction, to fine and/or imprisonment as provided by N.C.G.S. 14-4. Civil penalties may be issued in accordance with section 1.5.

5.7.7. Effect of plat approval on dedications. Pursuant to N.C.G.S. 160A-374, the approval of a plat shall not be deemed to constitute or effect the acceptance by the city of the dedication of any street or other ground, public utility line or other public facility shown on the plat. However, the city council may, by resolution, accept any dedication made to the public of lands or facilities for streets, parks, public utility lines or other public purposes when the lands or facilities are located within its corporate limits. Such acceptance shall be in accordance with the City of Kinston acceptance procedures as specified in subsection 5.7.8.

5.7.8. Roadway acceptance procedure. Roads will be accepted in accordance with the City of Kinston roadway acceptance policy.

5.7.9. School site reservation. If the city council and the Lenoir County Board of Education have jointly determined the specific location and size of any school sites to be reserved in accordance with the City of Kinston Comprehensive Plan, staff shall immediately notify the board of education in writing whenever a sketch plan for a subdivision is submitted which includes all or part of a school site to be reserved. The board of education shall promptly decide whether it still wishes the site to be reserved. If the board of education does wish to reserve the site, the subdivision shall not be approved without such reservation. The board of education shall then have eighteen (18) months beginning on the date of final approval of the subdivision within which to acquire the site by purchase or by initiating condemnation proceedings. If the board of education has not purchased or begun proceedings to condemn the site within eighteen (18) months, the developer may treat the land as freed of the reservation.

5.7.10. Dedication of land for park, recreation, and open space. Every owner/developer who proposes a major site plan or major subdivision of land shall dedicate for public or private use a portion of land or pay a fee in lieu thereof, in accordance with this section, for public park, greenway, recreation and open space sites if any portion of the proposed site plan or subdivision lies within an area designated on the officially adopted City of Kinston Recreation Master Plan as a park, open space area, greenway, pedestrian trail, or bikeway system.

5.7.10.1. Except as otherwise required by the city council, all dedications of land shall meet the following criteria:

5.7.10.1.1. The dedicated land shall form a single parcel of land, except where the city council determines that two or more parcels would be in the best interest of the public, given the type and distribution of open spaces needed.

5.7.10.1.2. The shape of the dedicated land shall meet the objectives of the City of Kinston Recreation Master Plan.

5.7.10.1.3. The dedicated land shall be located so as to reasonably serve the recreation and open space objectives of the city's recreation master plan.

5.7.10.1.4. Dedicated parks, recreation and open space areas shall have a sufficient natural or manmade buffer or screen to minimize any negative impacts on adjacent residents.

5.7.10.2. The payment of fees, in lieu of the dedication of land, may occur at the request of the subdivider or developer. However, the decision to require the dedication of land for recreational purposes, or a payment of a fee in lieu, shall be made by the city council prior to major site plan or major subdivision preliminary plat approval after having received a recommendation from the planning board and having evaluated the proposed dedication and the relationship the dedication would have with the city's overall recreational needs.

5.7.10.2.1. The fees in lieu of dedication shall be paid prior to final plat or site plan approval.

5.7.10.2.2. Procedures for determining the amount of the payment are as follows:

•  An appraisal of the land in the development shall be performed by a professional land appraiser selected by the developer from an approved list maintained by the city council. Professional land appraiser refers to a land appraiser who, in the opinion of the city council, has the expertise and/or certification to perform an adequate appraisal.

•  The cost of the appraisal shall be borne by the owner or developer.

5.7.10.3. At the time of filing a preliminary plat, the subdivider shall designate thereon the area or areas to be dedicated pursuant to this section. If the subdivider desires to make a payment in lieu of the dedication of land, a letter to that effect shall be submitted with the preliminary plat. The city council reserves the right to approve or disapprove dedication of parcels designated by the City of Kinston Recreation Master Plan, or payment in lieu of.

5.7.10.4. Where a dedication of land is required, the dedication shall be shown on the major subdivision final plat or major site plan when submitted, and the plat shall be accompanied by an executed general warranty deed conveying the dedicated land to the city. Where a payment in lieu of dedication is approved by the city council, the payment will be made before the final plat is signed and recorded.