(A)   Subdivision provisions enacted herein are under the authority of G.S. § 160D-804.

(Prior UDO, § 1)

   (B)   Purpose. The purpose of the chapter’s subdivision regulations is to establish procedures and standards for the development and subdivision of land within the planning jurisdiction area of the city. It is further designed to provide for the orderly growth and development of the city and its planning jurisdiction; for the coordination of streets and highways within proposed subdivisions with existing or planned streets and highways and with other public facilities; for the dedication or reservation of rights-of-way or easements for street and utility purposes; and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions essential to the public’s health, safety and general welfare. This chapter is designed to further facilitate adequate provision of water, sewerage, parks, schools, and playgrounds, and also to facilitate the further re-subdivision of larger tracts into smaller parcels of land.

(Prior UDO, § 3.2)

   (C)   Conflict with other laws. This chapter is in part carried forward by re-enactment of some of the provisions of the subdivision ordinance of the city (adopted by the City Council on January 10, 1991, as amended) and it is not the intention to repeal but rather to re-enact and continue in force the existing provisions so that all rights and liabilities that have accrued thereunder are preserved and may be enforced. All provisions of the subdivision ordinance of the city enacted in January 10, 1991, as amended, which are not re-enacted herein are hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of any subdivision ordinance heretofore in effect, which are now pending in any of the courts of this state or of the United States, shall not be abated or abandoned by reason of the adoption of this chapter but shall be prosecuted to their finality, the same as if this chapter had not been adopted, and any and all violations of the existing subdivision ordinance, prosecutions for which have not yet been initiated, may be hereafter filed and prosecuted. Nothing in this chapter shall be construed as to abandon, abate or dismiss any litigation or prosecution now pending, and/or which may heretofore have been instituted or prosecuted.

(Prior UDO, § 21.1) (Ord. O-04-21, passed - - )

   After the effective date of these regulations, no subdivision plat of land within the city’s planning jurisdiction shall be filed or recorded until it has been submitted and approved in accordance with all applicable regulations contained in this chapter.

(Prior UDO, § 17.1) Penalty, see § 153.999

   Where a proposed subdivision includes any part of a thoroughfare, which has been designated as that upon the officially adopted thoroughfare plan of either the city or the county, the part of the thoroughfare, shall be platted by the subdivider in the location and manner shown on the thoroughfare plan. In cases where it is unclear as to the actual location of a proposed thoroughfare shown on the thoroughfare plan, the city shall have the authority to assign the location on a case-by-case basis.

(Prior UDO, § 17.2)

   (A)   If the City Council and County Board of Education have jointly determined the specific location and size of any school sites to be reserved and if this information appears in an adopted plan of the city, the Administrator 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 not wish to reserve the site, it shall so notify the Administrator in writing. If the Board of Education does wish to reserve the site, the subdivision shall not be approved without the reservation.

   (B)   The Board of Education shall then have 18 months beginning on the date of final approval of the subdivision within which to acquire the site by purchase or by exercise of the power of eminent domain. If the Board of Education has not purchased or begun proceedings to condemn the site within 18 months, the subdivider may treat the land as freed of the reservation.

(Prior UDO, § 17.3) Penalty, see § 153.999

   Proposed subdivisions must comply in all respects with the requirements of all applicable zoning regulations in effect in the area to be subdivided, and any other pertinent plans or ordinances officially adopted by the City Council. If any provision in the adopted ordinance is more restrictive than the provisions provided in these regulations, the provisions of the more restrictive ordinance shall apply.

(Prior UDO, § 17.4)

   (A)   After the effective date of these regulations, no subdivision plat of land within the city’s planning jurisdiction shall be filed or recorded unless it has first been submitted to the Administrator and approved by the proper body as set forth in these regulations, and until this approval is entered in writing on the face of the plat by the Administrator.

   (B)   The Deeds Office shall not file or record a plat of a subdivision of land located within the planning jurisdiction of the city that has not been first approved in accordance with these provisions, nor shall the Clerk of Superior Court order or direct the recording of a plat if the recording would be in conflict with these provisions.

(Prior UDO, § 17.5) Penalty, see § 153.999

   The owner of land shown on a subdivision plat submitted for recording, or his or her authorized agent, shall sign a statement on the plat stating whether or not any land shown thereon is within the planning jurisdiction of the city.

(Prior UDO, § 17.6) Penalty, see § 153.999

   No zoning permit shall be issued for the erection of any building on any lot within a proposed subdivision until a final plat of the subdivision has been approved in a manner as prescribed by these regulations and recorded at the Deeds Office and where applicable, an improvements permit has been issued by the County Health Department.

(Prior UDO, § 17.7) Penalty, see § 153.999

   (A)   The Planning Board or City Council shall have the authority to waive or modify the terms of this chapter as the terms apply to the plat approval process on a case-by-case basis after having first held a public hearing and having found in the affirmative each of the following findings:

      (1)   There are special circumstances or conditions affecting the property so that the strict application of the provisions of this chapter would deprive the subdivider of the reasonable use of his or her land;

      (2)   The modification is necessary for the preservation of a substantial property right of the petitioner;

      (3)   The circumstances giving rise to the need for the modification are peculiar to the subdivision and are not generally characteristic of other subdivisions; and

      (4)   The granting of the modification will not be detrimental to the public’s health, safety and welfare or injurious to other properties in close proximity to the subdivision site.

   (B)   Notice of the public hearing shall be provided in the following manner:

      (1)   The city shall send notice by first class mail to the applicant and to owners of all contiguous pieces of property at least 10 working days prior to the public hearing. The notice shall indicate the nature of the public hearing and the date, time and place where it is to occur;

      (2)   Notice shall also be posted by the city in a conspicuous location in the City Hall at least 10 working days prior to the public hearing. The notice shall indicate the nature of the public hearing and the date, time and place where it is to occur; and

      (3)   A conspicuous sign shall also be posted by the city in a conspicuous location on the subject property at least 10 working days prior to the public hearing. The notice shall indicate the nature of the public hearing and the date, time and place where it is to occur.

   (C)   The public hearings can be held at the same time as the meeting at which the Planning Board or City Council holds to consider plat approval. The decision to issue a waiver or modification on a plat may only be made by that body given the authority to approve the plat. If the Planning Board makes the decision, the City Council shall have no authority to override or modify the Planning Board’s decision.

(Prior UDO, § 17.8) (Ord. ZTA-2-2025, passed 5-1-2025)

   Pursuant to G.S. § 160D-803, a final plat shall be prepared, approved and recorded pursuant to the provisions of these regulations whenever any subdivision of land takes place, except as herein provided.

(Prior UDO, § 17.9) (Ord. O-04-21, passed - - ) Penalty, see § 153.999

   Pursuant to G.S. § 160D-803, no final plat of a subdivision within the planning jurisdiction of the city as established in § 153.015 of these regulations shall be recorded by the County Deeds Office until it has been approved as provided herein.

(Prior UDO, § 17.10) (Ord. O-04-21, passed - - ) Penalty, see § 153.999

   Any decision of the Administrator may be appealed to the Board of Adjustment in accordance with § 153.281.

(Prior UDO, § 17.11)

   This section shall apply to minor subdivisions only. For all minor subdivisions, a preliminary plat shall not be required. All subdivisions, however, shall require the submittal, approval, and recordation in the Deeds Office of a final plat.

      (1)   Prior to submission of a final plat, the subdivider may submit to the Administrator two paper copies and a digital copy of a sketch plan of the proposed subdivision. The purpose of the sketch plan is to familiarize the Administrator with the proposed development and to ensure that it is in compliance with all applicable regulations. While the submittal of a sketch plan is optional, it is suggested that the subdivider submit a plan in order to familiarize the Administrator of the proposed development and, upon review, notify the subdivider of any likely problems with the proposed development.

      (2)   The sketch plan should contain the following information:

         (a)   A sketch vicinity map including north arrow showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads, and waterways;

         (b)   The boundaries of the lot(s) to be subdivided;

         (c)   The tax map number(s) of the lots(s) to be subdivided;

         (d)   The total acreage to be subdivided;

         (e)   The existing street layout and right-of-way width;

         (f)   The name of the proposed subdivision; and

         (g)   The zoning classification of the property to be subdivided and of adjacent properties, if applicable.

      (3)   The Administrator shall review the sketch plan for general compliance with the requirements of the subdivision regulations and any applicable zoning regulations. The Administrator shall advise the subdivider of the regulations pertaining to the proposed subdivision and the procedures to be followed in preparing and submitting the final plat.

      (1)   To be considered a valid submission, all the following are required to be submitted to the Administrator for review:

         (a)   Completed application;

         (b)   Nonrefundable submittal fee in accordance with the City Council’s most recently adopted fee schedule;

         (c)   3 paper copies, a digital copy, and 1 mylar of the final plat, which contains all the information required by § 153.387 and meet the following requirements:

            1.   Prepared by a registered land surveyor currently licensed and registered in the state by the State Board of Registration for Professional Engineers and Land Surveyors. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G.S. § 47-30 and the Standards of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the County Register of Deeds.

            2.   Material and drawing medium for the reproducible copy shall be in accordance with the Standards of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the County Register of Deeds.

            3.   The final plat shall be 18 inches by 24 inches in size and shall be at a scale of not less than 1 inch equals 100 feet, unless each lot in the proposed subdivision is more than 3 acres. In that case, the scale shall not be less than 1 inch equals 200 feet. Maps may be placed on more than 1 sheet with appropriate match lines.

      (1)   Once the Administrator has received a valid submission, he or she shall either:

         (a)   Review the plat; or

         (b)   At his or her discretion, submit the plat to the Planning Board for its review and decision.

      (2)   The Administrator shall have 21 days from the date of the submittal to act upon a plat. Otherwise, the plat shall automatically be forwarded to the Planning Board.

      (3)   The Planning Board shall have 31 days from the meeting date at which it reviewed the plat to either:

         (a)   Approve the plat;

         (b)   Approve the plat with conditions;

         (c)   Approve the plat with modifications per § 153.378; or

         (d)   Disapprove the plat.

      (4)   If the Planning Board does not take action within the 31-day period, the plat shall then automatically be transferred to the City Council for its review and decision.

      (5)   If the final plat is not approved, the Administrator shall instruct the subdivider concerning the resubmission of a revised plat, and the subdivider may make the changes that will bring the plat into compliance with these regulations. The Administrator shall retain at least 1 copy of any disapproved plat along with the reasons for disapproval as part of the city’s official records. A copy of the reasons shall also be transmitted to the subdivider.

         (a)   The subdivider has 21 days from the date of the denial to resubmit the plat for approval.

         (b)    If a revised plat is not submitted within the period, any future resubmittal of the plat will require the payment of an additional non-refundable fee.

         (c)   After the third review, each additional submittal will require an additional non-refundable fee, in accordance with a fee schedule most recently adopted by the City Council.

      (6)   If the final plat is approved, the Administrator shall send a notice of approval to the subdivider. The approval shall be shown on the reproducible copy of the plat and include all required certificates. The subdivider shall have 21 days from the date of final approval to have the plat recorded in the Deeds Office. Otherwise, the approved final plat shall be null and void.

(Prior UDO, § 17.12) (Ord. O-5-23, passed 4-6-2023; Ord. O-1-2024, passed 1-4-2024; Ord. ZTA-2-2025, passed ) Penalty, see § 153.999

   (A)   Prior to the preliminary plat submission, the subdivider shall submit 3 paper copies and a digital version of the sketch plan for the proposed subdivision to the Administrator along with a completed application by the application deadline on the city’s website, to be reviewed at the meetings corresponding to the schedule. The sketch plan shall be prepared by a registered architect, engineer, or land surveyor licensed and registered by the appropriate state board. At a minimum, the sketch plan shall contain or be accompanied by the following:

      (1)   A sketch vicinity map including north arrow showing the location of the planned development in relation to neighboring tracts, subdivisions, roads, and waterways;

      (2)   The boundaries of the tract and the portion of the tract proposed to be in the subdivision;

      (3)    The total acreage of the lot to be subdivided;

      (4)   Locations of any existing public streets or utilities and rights-of-way of the facilities;

      (5)   The existing and proposed uses of the land within the major subdivision and the existing uses of land adjoining it;

      (6)   General locations of existing natural features of the site, such as wooded areas, water features, and significant topographic features;

      (7)   The proposed street layout with approximate pavement and right-of-way width;

      (8)   Existing property lines and approximate (sketch) locations of proposed property lines within the subdivision showing all proposed lots or other divisions of land;

      (9)   Sketch of conceptual building locations;

      (10)   The name, address, and telephone number of the owner;

      (11)   The name, if any, of the proposed subdivision;

      (12)   Streets and lots of adjacent developed or platted properties; and

      (13)   The zoning classification of the tract and of adjacent properties.

   (B)   The Administrator and Technical Review Committee shall review the sketch plan for general compliance with the requirements of these regulations and any applicable zoning or other ordinance requirements. The Administrator shall advise the subdivider or his or her authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submission of the preliminary and final plats.

   (C)   1 copy of the sketch plan shall be retained as a part of the city’s record by the Administrator, with a copy being returned to the subdivider or his or her authorized agent along with any comments made by the Administrator concerning the proposed plat.

   (D)   Once the comments are corrected, the subdivider may submit a preliminary plat containing all of the information set forth in § 153.384 of this chapter.

(Prior UDO, § 17.13) (Ord. ZTA-1-2025, passed 4-3-2025) Penalty, see § 153.999

      (1)   All preliminary plats shall first submit a sketch plan for review by the Subdivision Technical Review Committee (TRC) prior to submission to the Planning Board and, where necessary, to the City Council. For requirements, see § 153.383.

      (2)   To be considered a valid submission for review, all of the following are required to be submitted to the Administrator by the posted application deadline:

         (a)   4 paper copies and 1 digital copy of the preliminary plat meeting the specifications of § 153.387 of these regulations;

         (b)   Completed application;

         (c)   Nonrefundable fee in accordance with the City Council’s most recently adopted fee schedule.

      (1)   Preliminary and final plat approval are required for all major subdivisions.

         (a)   The Planning Board may approve preliminary plats containing 250 lots or less.

         (b)   Only the City Council has the authority to grant final approval in any of the following situations:

            1.   Subdivisions containing over 250 lots;

            2.   Subdivisions that require the placement of oversized utility lines;

      (2)   The Planning Board shall have 31 days from the meeting date at which the plat was reviewed to either:

         (a)   Approve the plat;

         (b)   Approve the plat with conditions;

         (c)   Approve the plat with modifications per § 153.378;

         (d)   Disapprove the plat; and/or

         (e)   Make a recommendation to the City Council on a plat containing over 250 lots.

      (3)   If no recommendation or decision is made during the 31-day period, the plat shall automatically be submitted to the City Council for their final decision.

      (4)   If the preliminary plat is not approved, the Administrator shall instruct the subdivider concerning the resubmission of a revised plat, and the subdivider may make the changes that will bring the plat into compliance with these regulations. The Administrator shall retain at least 1 copy of any disapproved plat along with the reasons for disapproval as part of the city’s official records. A copy of the reasons shall also be transmitted to the subdivider.

         (a)   The subdivider has 21 days from the date of the denial to resubmit the plat for approval.

         (b)   If a revised plat is not submitted within the period, any future resubmittal will require the payment of an additional non-refundable fee. The resubmitted revised plat shall be reviewed in the same manner as any other preliminary plat.

         (c)   After the third review, each additional submittal will require an additional non-refundable filing fee, in accordance with a fee schedule most recently adopted by the City Council.

      (5)   If the preliminary plat is approved, it shall be indicated on the reproducible copy of the plat, and the copy shall be retained by the Administrator as part of the city’s official records. A copy of the approved plat shall be transmitted to the subdivider.

      (6)   If the preliminary plat is approved with conditions, the conditions shall be noted on or attached to the copy of the plat and shall be retained by the Administrator as part of the city’s official records. A copy of the conditions shall also be transmitted to the subdivider. Once these conditions are met, the plat shall be noted as approved. A copy of the approved plat shall then be transmitted to the subdivider.

         (a)   Unless otherwise specified in the terms of approval, the conditions shall have been complied with by the subdivider within 12 months of the date of the conditional approval; otherwise, approval of the preliminary plat shall be null and void.

      (7)   Once the preliminary plat is approved, the subdivider may proceed with preparing the final plat and begin grading and installing the required improvements in accordance with the approved preliminary plat and the requirements of these regulations.

      (1)   The subdivider may request a time extension for up to 12 months for the preliminary plat from the Administrator. The request must be submitted before the original plat expiration date. The Administrator may grant no more than 1 extension.

      (2)   The subdivider shall submit the final plat to the Administrator no later than 24 months after the preliminary plat’s approval, unless a greater expiration date was granted originally in the preliminary plat approval. Otherwise, the preliminary plat’s approval shall expire and become null and void.

(Prior UDO, § 17.14) (Ord. O-04-21, passed - - ; Ord. O-5-23, passed 4-6-2023; Ord. ZTA-2-2025, passed 5-1-2025) Penalty, see § 153.999

      (1)   The subdivider shall submit the final plat to the Administrator no later than 24 months after the preliminary plat’s approval, unless a greater expiration date was granted originally in the preliminary plat approval. Otherwise, the preliminary plat’s approval shall expire and become null and void.

      (2)   Prior to approval of a final plat, the subdivider shall have installed the improvements specified in these regulations or guaranteed their installation as provided herein.

      (3)   If applicable, recorded maintenance agreements as determined by the TRC.

      (4)   The final plat shall represent only the phase(s) of the approved preliminary plat that the subdivider proposes to record at that time. The phase shall conform to all requirements of these regulations, and must depict the subdivision, or portion thereof, in substantially the same form and layout as the approved preliminary plat. Otherwise, the final plat may not be approved.

         (a)   For subsequent phases, the submission expiration date shall be extended for the subdivision’s remaining phase(s) for an additional 24 months past the date of the final plat approval.

      (1)   To be considered a valid submission for review, all the following are required to be submitted to the Administrator for review:

         (a)   Completed application;

         (b)   Nonrefundable submittal fee in accordance with the City Council’s most recently adopted fee schedule;

         (c)   3 paper copies, a digital copy, and 1 mylar of the final plat, which contains all the information required by § 153.387 and the following requirements:

            1.   Material and drawing medium for the reproducible copy shall be in accordance with the Standards of Practice for Land Surveying in North Carolina, where applicable, and the County Register of Deeds requirements.

            2.   The final plat shall be 18 inches by 24 inches in size and shall be at a scale of not less than 1 inch equals 100 feet, unless each lot in the proposed subdivision is more than 3 acres. In that case, the scale shall not be less than 1 inch equals 200 feet. Maps may be placed on more than 1 sheet with appropriate match lines.

         (d)   If applicable:

            1.   Improvement guarantee agreement.

            2.   Where a dedication of land is required, the dedication shall be shown on the final plat when submitted, and the submission shall include an executed general warranty deed conveying the dedicated land to the city.

            3.   Where the City Council approves a payment in lieu of dedication, the payment must be made before the final plat is signed and recorded.

      (1)   In lieu of requiring the completion, installation, and dedication of all improvements prior to final plat approval, the city may enter into an agreement with the subdivider in which the subdivider agrees to complete all required improvements.

      (2)   Once the agreement is signed 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 these regulations are met. The amount of the guarantee shall be equal to 1.25 times the cost of installing all the required improvements.

      (3)   All guarantees shall be subject to the approval of the City Council (based on recommendations from the City Director of Public Works and Utilities) and shall be made payable to the city.

      (4)   To secure this agreement, the subdivider shall provide the City Council with either 1 or a combination of the following guarantees:

            1.   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 escrow with a financial institution designated as the city’s official depository.

            2.   If cash or other instrument is deposited in escrow with a financial institution as herein provided, the subdivider shall then file with the City Council an agreement between the financial institution and himself or herself guaranteeing the following:

               A.   The 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

               B.   In case of a failure on the part of the subdivider to complete the improvements, the financial institution of an engineer’s estimate of the amount needed to complete the improvements, immediately either pay to the city 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 in full to the city.

      (1)   Only the City Council is authorized to approve plats that involve any of the following:

         (a)   Improvement guarantees as outlined in division (C) above of these regulations.

      (2)   The Administrator shall have the authority to review and approve any final plat other than those listed above. At his or her discretion, the Administrator may receive comment from the TRC and/or transmit a final plat to the Planning Board for their review and approval.

      (3)   The Planning Board shall have the authority to approve any final plat other than those listed above.

      (4)   The Planning Board and City Council have the authority to approve a plat with modifications per § 153.378.

      (5)   The Administrator shall have 21 days from the date on which the plat was submitted to:

         (a)   Approve the plat;

         (b)   Disapprove the plat; or

         (c)   Submit the final plat to the Planning Board for their review and decision.

      (6)   If the Administrator takes none of these actions during the 21-day period, the plat shall automatically be submitted to the Planning Board for its review and decision.

      (7)   If the final plat is not approved, the Administrator shall instruct the subdivider concerning the resubmission of a revised plat, and the subdivider may make the changes that will bring the plat into compliance with these regulations. The Administrator shall retain at least 1 copy of any disapproved plat along with the reasons for disapproval as part of the city’s official records. A copy of the reasons shall also be transmitted to the subdivider.

         (a)   The subdivider has 21 days from the date of the denial to resubmit the plat for approval.

         (b)    If a revised plat is not submitted within the period, any future resubmittal of the plat will require the payment of an additional non-refundable fee. The resubmitted revised plat shall be reviewed in the same manner as any other final major subdivision plat.

         (c)   After the third review, each additional submittal will require an additional non-refundable fee, in accordance with a fee schedule most recently adopted by the City Council.

      (8)   If the final plat is approved, the Administrator shall send a notice of approval to the subdivider. The approval shall be shown on the reproducible copy of the plat and include all required certificates. The subdivider shall have 21 days from the date of final approval to have the plat recorded in the Deeds Office. Otherwise, the approved final plat shall be null and void.

(Prior UDO, § 17.15) (Ord. O-1-2024, passed 1-4-2024; Ord. ZTA-2-2025, passed 5-1-2025) Penalty, see § 153.999

   Certificates are provided by the Planning Department.

      (1)   The following are not subject to subdivision regulations or certified by a review officer:

         (b)   The survey is of an existing feature, such as a building or other structure, or natural feature, such as a watercourse.

         (d)   The survey is of a proposed easement for a public utility as defined in G.S. § 62-3.

         (a)   Certificate of survey and accuracy - surveyor’s certificate.

         (b)   Requires a statement from the surveyor certifying one of the exemptions above.

      (1)   The following are not subject to subdivision regulations, but are subject to plat review, zoning, and other regulations:

         (a)   The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the local government as shown in its subdivision regulations.

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

         (c)   The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors.

         (d)   The division of a tract in single ownership whose entire area is no greater than 2 acres into not more than 3 lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the local government, as shown in its subdivision regulations.

         (e)   The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. Chapter 29.

         (a)   Certificate of survey and accuracy - surveyor’s certificate. Statement notating that the survey is of another category, such as the recombination of existing parcels or other exception to the definition of subdivision (signature required if it is a standalone certification).

         (b)   Review officer certificate.

         (c)   Certificate of approval for recording – exception plats.

         (d)   Certificate of ownership and dedication.

         (e)   Watershed certificate (if applicable).

         (f)   Septic tank disclosure statement (if applicable).

      (1)   A subdivision where:

         (a)   No new roads are proposed or road rights-of-way dedicated; and

         (b)   Where 10 or fewer lots will result after the subdivision is completed.

         (a)   Certificate of survey and accuracy - surveyor’s certificate.

         (b)   Review officer certificate.

         (c)   Certificate of approval for recording.

         (d)   Certificate of ownership and dedication.

         (e)   Watershed certificate (if applicable).

         (f)   Septic tank disclaimer statement (if applicable).

      (1)   A subdivision where:

         (a)   New roads are proposed, or rights-of-way are dedicated; or

         (b)   More than 10 lots are created after the subdivision is completed.

      (2)   Requires a preliminary plat before the final plat approval.

         (a)   Certificate of survey and accuracy - surveyor’s certificate.

         (b)   Review officer certificate.

         (c)   Certificate of approval for recording.

         (d)   Certificate of ownership and dedication.

         (e)   Certificate of approval of the design and installation of streets, utilities, and other required improvements (if applicable).

         (f)   Subdivision street disclosure (if applicable).

         (g)   Common open space disclosure (if applicable).

         (h)   Watershed certificate (if applicable).

         (i)   Septic tank disclaimer statement (if applicable).

(Ord. ZTA-3-2025, passed 6-5-2025)

   (A)   This section shall apply to minor subdivisions, major subdivisions and PRDs/PUDs.

   (B)   The preliminary and final plats shall depict, contain or be accompanied by the information indicated in the following table. A “Yes” indicates that the information is required; where a “No” appears, the information shall not be required. Preliminary plat information shall only be required for major subdivisions.

 

(Prior UDO, § 17.17) Penalty, see § 153.999

   (A)   Any plat or any part of any plat may be vacated by the owner at any time before the sale of any lot in the subdivision by gaining approval of and filing a plat inconsistent with the originally approved plat or by filing a plat showing the tract without the lots as if no lots have been sold.

   (B)   The replatting of any previously platted property shall not abridge or destroy any public rights.

   (C)   The filing and recording of an amended plat as described in division (A) above of these regulations shall serve to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys and public grounds and all dedications laid out or described in the plat.

   (D)   When lots have been sold, the plat may be vacated or amended by all owners of the lots in the plat joining in the execution of the writing.

   (E)   Streets which have not been used within 15 years of dedication may be deemed abandoned. The withdrawal of dedication shall be consistent with G.S. § 136-96.

(Prior UDO, § 17.18) Penalty, see § 153.999

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

(Prior UDO, § 17.19)

   Prior to final plat approval, each subdivision shall contain the improvements specified in these regulations, which shall be installed in accordance with the requirements of these regulations and paid for by the subdivider, unless other means of financing are specifically proposed. Land shall be dedicated and reserved in each subdivision as herein specified. Each subdivision shall adhere to the minimum standards of design as provided for in these regulations.

(Prior UDO, § 17.20) Penalty, see § 153.999

   The Planning Board and City Council reserve the right to deny approval of a subdivision plat, notwithstanding all other provisions contained in these regulations where it has reasonable evidence to suspect (based on engineering or other expert surveys) that the proposed subdivision, and the development allowed for under the subdivision, will pose an ascertainable danger to life or property. The burden of proof for determining that the danger in a subdivision does not exist shall rest entirely with the subdivider.

(Prior UDO, § 17.21)

   The name of the subdivision shall not duplicate nor closely approximate the name of an existing subdivision within the county.

(Prior UDO, § 17.22) Penalty, see § 153.999

   (A)   Blocks.

      (1)   The lengths, widths and shapes of blocks shall be determined with due regard to:

         (a)   Provision of adequate building sites suitable to the special needs of the type of use contemplated;

         (b)   Zoning requirements;

         (c)   Needs for vehicular and pedestrian circulation;

         (d)   Control and safety of street traffic;

         (e)   Limitations and opportunities of topography; and

         (f)   Convenient access to water areas.

      (2)   Where deemed necessary, by the Planning Board or City Council as part of the plat approval process, a pedestrian crosswalk may be required to provide convenient public access to a public area such as a park or school, to a water area, or to areas such as shopping centers, religious or transportation facilities.

   (B)   Lot dimensions. All new residential lots in subdivisions shall conform to the following requirements.

      (1)   Residential lot area.

         (a)   All lots in new subdivisions shall conform to the zoning requirements of the zoning district in which the subdivision is located. Conformance to zoning requirements means, among other things, that the smallest lot in the subdivision must meet all dimensional requirements of this chapter. The city may require larger lot sizes in cases where the County Health Department has recommended that based upon the assessment of soil applicator rates and subsoil conditions and other factors limiting the placement of well and septic systems.

         (b)   In determining lot areas, all rights-of-way or areas deeded or reserved for public roads shall be excluded when determining lot areas.

         (c)   In calculating lot area, the following shall not be included:

            1.   Any dedicated road right-of-way;

            2.   Any road right-of-way to be dedicated;

            3.   Any road right-of-way claimed by the State Department of Transportation or the city; and/or

            4.   Any railroad right-of-way.

      (2)   Lot width and road frontage requirements. Minimum lot width and road frontage requirements shall be as required in the underlying zoning district.

      (3)   Orientation of residential lot lines. Side lot lines shall be substantially at right angles or radial to street lines. Double-frontage lots shall be avoided wherever possible.

      (4)   Panhandle lots. Panhandle lots will be allowed in subdivisions provided that they meet the following requirements:

         (a)   In no case shall an entire subdivision or the majority of lots within a subdivision consist of panhandle lots;

         (b)   All panhandle lots shall have a minimum road frontage of 35 feet;

         (c)   The length of the panhandle strip in the lot shall not exceed 100 feet; and

         (d)   The strip shall not be used to determine lot area, lot width or required building setback lines.

      (5)   Minimum lot dimensions. All minimum lot dimensions may be increased over those required in the zoning regulations in order to meet any applicable requirements of the County Health Department.

(Prior UDO, § 17.23) Penalty, see § 153.999

   (A)   Easements shall be provided for storm and sanitary sewers, water lines and other utilities in those widths, and at those locations as may be required by the city’s Public Works Director; in order to properly serve the lot and adjoining realty; but in no event shall an easement of less than ten feet in width along all rear lines and exterior side lot lines, and five feet in width along each side of all interior side lot lines. Notwithstanding, in no case may the width of an easement upon a lot be less than the minimum required side or rear yard setback for that lot per the requirements of the underlying zoning district.

   (B)   No principal or accessory structure may be placed within a utility easement.

(Prior UDO, § 17.24) Penalty, see § 153.999

   (A)   Public streets.

      (1)   All subdivision streets shall abut on a public road except where allowed in division (B) below of these regulations. All public streets shall be paved and built to all applicable standards of these regulations and all other applicable standards of the North Carolina Department of Transportation (NCDOT) including the most up-to-date version of NCDOT’s Subdivision Roads, Minimum Construction Standards. All public streets inside the city limits shall be dedicated to the city.

      (2)   Streets, outside the city limits, which are not eligible to be put on the NCDOT system because there are too few lots or residences shall, nevertheless, be dedicated for public use and shall be built in accordance with the standards necessary to be put on the NCDOT system so as to be eligible to be put on the system at a later date. A written maintenance agreement with provisions for maintenance of the street until it is put on the state system shall be included with the final plat and recorded with the County Deeds Office.

   (B)   Private streets.

      (1)   Private streets that are neither maintained by NCDOT or the city are permitted. The streets shall meet all right-of-way and construction standards of NCDOT with the following exceptions:

         (a)   Streets that provide access to five or fewer lots may be unpaved and graveled; the unpaved streets shall have a minimum road surface of 16 feet. In no instance may a subdivision be approved containing both paved and unpaved streets. In no instance shall one unpaved private street be allowed to intersect with another unpaved private road;

         (b)   All private streets shall be local streets; and

         (c)   No two private streets accessing the same public street shall be less than 500 feet apart as measured at their access points on the public street. All private streets shall be marked as that on the preliminary and final plat and a written maintenance agreement shall be provided and recorded with the Deeds Office once the final plat has been approved.

      (2)   The maintenance agreement shall include, but not be limited to, the following items:

         (a)   A homeowner’s association shall be established as a legal entity for the property owners within the entire subdivision;

         (b)   All property owners within the subdivision shall be members of the homeowner’s association;

         (c)   The subdivider shall convey all private streets in fee simple ownership within the subdivision to the homeowner’s association; and

         (d)   The responsibility for maintenance of private streets shall rest with the homeowner’s association.

      (3)   Passage of the responsibility for maintenance of private streets from the developer to the homeowner’s association shall be noted in the deed of each purchaser of property within the subdivision.

      (4)   At the time of the preparation of the sales agreement the developer shall include a disclosure statement to the prospective buyer as herein outlined. The developer and seller shall include in the disclosure statement an explanation of the consequences and responsibility as to maintenance of a private street, and shall fully and accurately disclose the party or parties upon whom responsibility for construction and maintenance of the street or streets shall rest.

   (C)   Subdivision street disclosure statement. Where streets are dedicated to the public but not accepted into the city or NCDOT system before lots are sold, a statement explaining the status of the street shall be included with the final plat. Prior to entering into any agreement or any conveyance with any prospective buyer, the developer and seller shall prepare and sign, and the buyer of the subject real estate shall receive and sign an acknowledgment of receipt of a subdivision streets disclosure statement (hereinafter referred to as “disclosure statement”). The disclosure statement shall fully and completely disclose the status (whether public or private) of the street upon which the lot fronts.

   (D)   Marginal access street.

      (1)   Where a tract of land to be subdivided adjoins a major or minor thoroughfare as designated on the thoroughfare plan of the city or county, the subdivider shall be required to provide a marginal access street parallel to the major thoroughfare or reverse frontage on a minor street for the lots to be developed adjacent to the major thoroughfare. Where reverse frontage is established, private driveways shall be prevented from having direct access to the thoroughfare. The Planning Board or the City Council, in their plat approving capacity, shall have the authority to decide which of these alternatives would best serve the general public’s safety and welfare.

      (2)   In cases where it is not feasible or practical for the subdivider to provide a marginal access street or when the Planning Board or City Council determines that the installation of a marginal access road would result in a less desirable subdivision design, the Planning Board or City Council may grant an exception to the requirement for a marginal access street. In granting the exception the Planning Board or City Council shall find that the spirit and intent of these regulations are preserved and that circumstances particular to the subject property, such as topography or shape of the tract exist to warrant the exception. The exemption shall not be subject to the requirements of § 153.378.

   (E)   Street connectivity requirements.

      (1)   The City Council hereby finds and determines that an interconnected street system is necessary in order to protect the public health, safety and welfare in order to ensure that streets will function in an interdependent manner, to provide adequate access for emergency and service vehicles, to enhance nonvehicular travel such as pedestrians and bicycles, and to provide continuous and comprehensible traffic routes.

      (2)   All proposed streets shall be continuous and connect to existing or platted streets without offset with the exception of cul-de-sacs as permitted and except as provided below. Whenever practicable, provisions shall be made for the continuation of planned streets into adjoining areas.

      (3)   The street network for any subdivision shall achieve a connectivity ratio of not less than 1.40. See example in Figure A below.

      (4)   The phrase “connectivity ratio” means the number of street links divided by the number of nodes or link ends, including cul-de-sac heads. (See § 153.031 for definitions of “node” and “link.”)

      (5)   Residential streets shall be designed so as to minimize the block length of local streets, to provide safe access to residences with minimal need for steep driveways and to maintain connectivity between and through residential neighborhoods for autos and pedestrians.

      (6)   Where necessary to provide access or to permit the reasonable future subdivision of adjacent land, rights-of-way and improvements shall be extended to the boundary of the development. A temporary turnaround may be required where the dead end exceeds 500 feet in length. The platting of partial width rights-of-way shall be prohibited except where the remainder of the necessary right-of-way has already been platted, dedicated or established by other means.

      (7)   Exemption. New subdivisions that intend to provide one new cul-de-sac street shall be exempt from the connectivity ratio standard as set forth in this section, provided the Administrator determines that there is no option for providing stub streets due to topographic conditions, adjacent developed sites or other limiting factors; and interconnectivity (use of a looped road) within the development cannot be achieved or is unreasonable based on the constraints of the property to be developed.

   (F)   Road entrance requirements. The Planning Board or City Council shall require conformity with NCDOT standards for public road entrances.

   (G)   Sidewalks. Sidewalks shall be required on both sides of the street in all major subdivisions. The sidewalks shall be constructed to a minimum width of four feet and a minimum thickness of four inches of concrete or must be ADA compliant, whichever is more stringent. All sidewalks shall be placed in the street right-of-way and shall be a minimum distance of six feet off of the back of the curb in order to accommodate a planting strip that may be used for the placement of street trees. Sidewalks shall contain a minimum of six inches of concrete at driveway crossings.

   (H)   Street names. Proposed streets that are obviously in alignment with existing streets shall be given the same name. In assigning new names, duplication of existing names shall be avoided and in no case shall the proposed name be phonetically similar to existing names in the county irrespective of the use of a suffix such as street, road, drive, place, court or the like. All new streets shall be named in accordance with § 153.392 of these regulations.

   (I)   Street name signs. The subdivider shall either be required to provide and erect street name signs at all street intersections within the subdivision in accordance with all city standards or be required to reimburse the city for providing the street name signs. Any fee, in accordance with the most recently adopted fee schedule adopted by the City Council, shall be paid to the Administrator prior to final plat approval.

   (J)   Permits for connection to state roads. An approved NCDOT permit is required for connection to any existing state system road. This permit is required prior to any construction on the street or road.

   (K)   Wheelchair ramps. In accordance with G.S. § 136-44.14, all street curbs in the state being constructed or reconstructed for maintenance procedures, traffic operations, repairs, correction of utilities, or altered for any reason after September 1, 1973, shall provide wheelchair ramps for the physically handicapped at all intersections where both curb and gutter and sidewalks are provided and at other major points of pedestrian flow.

   (L)   Street trees. In order to provide a unifying element along street frontages and soften the transition of the public street to the private yard, street trees shall be required along all collector streets. Small trees shall be spaced 20 feet on-center, and large trees shall be spaced 40 feet on-center. Trees shall be planted parallel to the street within a well-defined planting strip a minimum of six-feet wide.

(Prior UDO, § 17.25)

   (A)   Water and sewer systems.

      (1)   All lots in subdivisions shall have a suitable source of water supply and sanitary sewage disposal that complies with the regulations of all appropriate agencies.

      (2)   All lots within the city limits shall be served by city water and sewer at the subdivider’s expense. Outside the city limits, the following criteria shall be used to determine whether or not a subdivision shall be connected with public water and sewer.

      (3)   If the tract in question is proposed to be subdivided with the number of dwelling units indicated in the left hand column of the following table or with a nonresidential use that places a comparable demand on the water or sewer system, then the distance (as measured using the straight line distance between the closest portion of the subdivision to the existing water or sewer line) within which the tract must be connected is indicated in the right-hand column of that table.

 

 

      (4)   In determining the number of dwelling units proposed for a tract, this relates to the number proposed for all phases of the subdivision.

      (5)   Connection to a water or sewer line shall not be deemed legally impossible if, after diligent effort by the subdivider, the easement necessary to run the connection line across property(ies) not owned by the subdivider, cannot be obtained. The subdivider shall document to the City Council the efforts that have been to secure the easement. The City Council shall make its decision as whether to relieve the subdivider of making the connection upon the documentation. Procedures called for in § 153.378 shall not be required to issue relief.

      (6)   In addition to the regulations contained in these regulations, all applicable city water and sewer extension policies shall be followed.

   (B)   Sewer system alternatives.

      (1)   In cases where connections to a public sewer system is not deemed necessary by the City Council, alternative sewer disposal systems may be considered.

      (2)   Sewer disposal systems using package treatment plants as the main treatment facility shall be designed to accommodate the eventual connection to a municipal or county owned public sewer system at the time the connection becomes feasible.

      (3)   The subdivider of a subdivision containing a package sewage treatment plant shall adequately demonstrate to the city that the plant, where located, shall satisfactorily serve as a means of waste treatment in a manner which is compatible with the environment and which will not adversely impact upon any public water supply system.

      (4)   Septic tanks (i.e., private sewage disposal systems) may also be allowed as a means of sewage disposal in cases where connection to a public sewer system is not feasible. However, the following statement shall appear on all final plats containing lots that are proposed to be served by septic tanks.

   In approving this plat, the City of Lincolnton or Lincoln County does not guarantee the suitability of any lot for the placement of a septic tank system.

   (C)   Water.

      (1)   In cases where connections to a public water system are approved by the City Council, alternative water supply systems may be considered. In no instance shall any intermediate water system having two to 14 service connections be allowed. Potable water shall be provided by either an intermediate water system having 15 or more service connections, a private water supply system or a public water system.

      (2)   The following table indicates the types of water systems allowed under these regulations.

 

 

(Prior UDO, § 17.26) Penalty, see § 153.999

   The subdivider shall provide a surface water drainage system constructed to the standards of the North Carolina Department of Transportation, as reflected in Handbook for the Design of Highway Surface Drainage Structures, 1975, as amended or revised, subject to review by the city.

(Prior UDO, § 17.27) Penalty, see § 153.999

   (A)   Placement of monuments. The Standards of Practice for Land Surveying as adopted by the State Board of Registration for Professional Engineers and Land Surveyors, under the provisions of Title 21 of the North Carolina Administrative Code, Chapter 56 (21 NCAC 56), shall apply when conducting surveys for subdivisions; to determine the accuracy for surveys and placement of monuments, control corners, markers and property corner ties; to determine the location, design and material of markers, control corners and property corner ties; and to determine other standards and procedures governing the practice of land surveying for subdivisions.

   (B)   Construction procedures.

      (1)   No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat has been approved, and the appropriate authorities have approved all plans and specifications.

      (2)   No building, zoning or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of these regulations until all the requirements of these regulations have been met. The subdivider, prior to commencing any work on any public improvements within the subdivision, shall make arrangements with the Administrator to provide for adequate inspection. The approving authorities having jurisdiction or their representatives shall inspect and approve all completed work prior to release of any sureties.

   (C)   Oversized improvements. The City Council may require installation of certain oversized utilities or the extension of utilities to adjacent property(ies) when it is in the interest of future development. Thus, irrespective of all other regulations contained in these regulations, any plat that calls for the installation of oversized utilities may only be approved by the City Council. If the City Council requires the installation of improvements in excess of the standards required in these regulations, including all standards adopted by reference, the city shall bear the cost differential between the oversized improvement required and the standards which would otherwise apply to the proposed subdivision. In this manner, the subdivider shall not bear the costs of providing oversized improvements required by the city.

   (D)    Dedication of land for and/or fees in lieu of park, recreation and open space purposes.

      (1)   Dedication of land.

         (a)   General provisions. Every subdivider, except a major subdivision developed completely within a public golf course, who proposes a major subdivision of land for residential purposes shall dedicate 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 to serve the recreational needs of the residents of the subdivision or development.

         (b)   Amount of land to be dedicated.

            1.   At least one-thirty-fifth of an acre shall be dedicated for each dwelling unit planned or proposed in the subdivision plat or development.

            2.   The minimum amount of land that shall be dedicated for a public park, recreation or open space site shall be no less than two acres in size. When the area to be provided is less than two acres, the subdivider shall be required to make payment in lieu of the dedication to be used for the acquisition or development of recreation, park or open space sites which would serve the needs of the residents of the subdivision.

         (c)   Nature of land to be dedicated. Except as otherwise required by the City Council at the time of preliminary plat approval, all dedications of land shall meet the following criteria.

            1.   Unity. 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 to adequately serve the proposed development. In these cases, the City Council may require that the parcels be connected by a dedicated strip of land at least 30 feet in width.

            2.   Usability. Two-thirds of the dedicated land shall be useable for active recreation. Furthermore, lakes and other bodies of water may not be included in computing any of the dedicated land area.

            3.   Shape. The shape of the portion of dedicated land that is deemed suitable for active recreation shall be sufficiently square or round to be usable for any or all recreational facilities and activities, such as athletic fields and tennis courts, when a sufficient amount of land is dedicated to accommodate the facilities. Land dedicated only for greenways need not follow the requirements of this division.

            4.   Location. The dedicated land shall be located so as to reasonably serve the recreation and open space needs of residents of the subdivision.

            5.   Access. Public access to the dedicated land shall be provided either by adjoining public street frontage or by a dedicated public easement, at least 30 feet wide, which connects the dedicated land to a public street or right-of-way. Gradients adjacent to existing and proposed streets shall allow for reasonable access to the dedicated land. Where the dedicated land is located adjacent to a street, the developer or subdivider shall remain responsible for the installation of utilities, sidewalks and other improvements required along that street segment. Public access or dedicated walkways to greenway dedications only shall be at least 20-feet wide.

            6.   Topography. The average slope of the portion of dedicated land deemed usable for active recreation shall not exceed the average slope of the entire subdivision to be developed. In no case shall a slope on the usable portion of dedicated land exceed 15%.

            7.   Landscaping. 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.

      (2)   Payments of fees in lieu of land dedication.

         (a)   General. The payment of fees, in lieu of the dedication of land under division (D)(1) above, 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 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.

         (b)   Time of payment. The fees in lieu of dedication shall be paid prior to final plat approval by the City Council.

         (c)   Amount of payment.

            1.   The amount of the payment shall be the product of:

               a.   The number of acres to be dedicated, as required above; and

               b.   The assessed value for property tax purposed of the land being subdivided, adjusted to reflect its current fair market value at the time the payment is due to be paid.

            2.   Procedures for determining the amount is as follows:

               a.   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. The appraisal shall not be done prior to submission of the preliminary plat. The cost of the appraisal shall be borne by the developer.

               b.   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.

      (3)   Procedures.

         (a)   At the time of filing a preliminary plat, the subdivider shall designate thereon the area or areas to be dedicated. 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 refuse to accept dedication of parcels for public park, recreation or open space.

         (b)   Where a dedication of land is required, the dedication shall be shown on the final plat 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.

         (c)   The city encourages neighborhood or homeowner associations or management to construct, operate and maintain private parks and recreation. The construction, operation or maintenance of private facilities shall not, however, diminish or eliminate the responsibility and obligations of the subdivider under this section.

         (d)   Greenways may be credited against the requirements of this section provided that the greenways are part of the city’s greenway plan and dedicated to public use.

(Prior UDO, § 17.28) Penalty, see § 153.999

   (A)   Any person, firm or corporation convicted of violating the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be fined an amount as set forth in the fee schedule and/or imprisoned for a period not to exceed 30 days. Each day of violation shall be deemed a separate offense, provided that the violation of this chapter is not corrected within ten days after notice of the violation is given.

   (B)   After the effective date of this chapter, any person who, being the owner or agent of the owner of any land located within the planning jurisdiction of the city, thereafter subdivides his or her land in violation of this chapter or transfer 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 the terms of this chapter and recorded in the County Deeds Office, shall be in violation of this chapter. Any person, firm or corporation convicted of violating any of the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be fined an amount as set forth in the fee schedule and/or imprisoned for a period not to exceed 30 days. Each day of violation shall be deemed a separate offense, provided that the violation of this chapter is not corrected within ten days after notice of the violation is given.

   (C)   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 this transaction from the violation. The city through its attorney or other official designated by the City Council may enjoin an illegal subdivision, transfer or sale of land by action for injunction. Further, violators of this chapter shall be subject, upon conviction, to fine and/or imprisonment as provided by G.S. § 14-4.

   (D)   In addition to the other remedies cited in this chapter for the enforcement of its provisions, and pursuant to G.S. §§ 160D-807 and 160D-404, the regulations and standards in this chapter may be enforced through the issuance of civil penalties by the Administrator. Additionally, and pursuant to the authority granted by G.S. § 160A-404, the city declares that the violation of the aforementioned civil penalty provisions shall not be a misdemeanor or infraction as provided in G.S. § 14-4.

   (E)   Subsequent citations for the same violation may be issued by the Administrator if the offender does not correct the violation within three days (except as otherwise provided in a warning situation) after it has been issued unless the offender has sought an appeal to the actions of the Administrator through the Board of Adjustment.

   (F)   The following penalties are hereby established.

 

 

   (G)   If the offender fails to pay penalties that have been cited within five days after the offender has been cited, the city may recover the penalties in a civil action in the nature of debt.

   (H)   Pursuant to G.S. § 160D-404 (c), if a building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter or other regulation made under authority conferred thereby, the city in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate the violation, to prevent occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises.

   (I)   Pursuant to G.S. § 160D-807, the city may seek a mandatory or prohibitory injunction and an order of abatement commanding the offender to correct the unlawful condition upon or cease the unlawful use of the subject premises. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular.

   (J)   The above remedies are cumulative, and the city may pursue any or all of the same at its discretion. Each day that the violation exists shall constitute a separate and distinct offense.

(Prior UDO, § 14.8) (Ord. O-04-21, passed - - )