(a)

It is the purpose of this article to promote the public health, safety, and general welfare within the town.

(b)

It is the intention of the town commissioners that this article implements the planning policies adopted by the town commissioners for the town, as reflected in the CAMA Land Use Plan, the Manteo Plan Update (including future amendments and updates), the Design Guidelines: The Manteo Way of Building, and other planning documents.

(c)

The intent of the zoning ordinance, in regulating the permitting process as specified in this article and elsewhere throughout this document, is to:

(1)

Provide for an orderly, timely, and fair review of permits for building, zoning, subdivision, special use, occupancy, access, stormwater, sign, and other such permits required by the town;

(2)

Involve all interested parties, including owners, developers, adjoining property owners, along with town staff, in discussion, planning, and review prior to the commencement of site design in order to provide planning assistance and guidance that will result in a project that can be completed in the most timely and cost-effective manner possible, with the least impact on neighboring properties, and in keeping with the intent of the Comprehensive Development Code.

(Ord. of 9-14-2005, § 3.1; Ord. No. ZTA-21-02, Art. III(Pt. 10), 6-16-2021)

To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this ordinance, pre-application consultation between the developer and the administrator is required, as provided in this section.

(Ord. of 9-14-2005, § 3.2)

(a)

Upon receipt of a formal application for a zoning or special use permit, or minor plat approval, the administrator shall review the application and confer with the applicant to ensure that he understands the administrator's interpretation of the applicable requirements of this ordinance, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposes to do.

(b)

If the application is for a special use permit, the administrator shall place the application on the agenda of the Planning and Zoning Board and the town commissioners when the applicant indicates that the application is as complete as he intends to make it. However, as provided in section 3-7 and if the administrator believes that the application is incomplete, he shall reject the application and inform the applicant of the reasons for the incompleteness.

(Ord. of 9-14-2005, § 3.3; Ord. No. ZTA-21-02, Art. III(Pt. 11), 6-16-2021)

Development approvals. No person shall commence or proceed with development without first securing any required development approval from the town if the town has jurisdiction over the site of the development. A development approval shall be in writing and may contain a provision requiring the development to comply with all applicable state and local laws.

(a)

The use made of property may not be changed except in accordance with and pursuant to one of the following development approvals:

(1)

A zoning permit issued by the administrator;

(2)

A zoning permit issued by the Planning and Zoning Board; or

(3)

A special use permit issued by the town commissioners.

(b)

Development approvals are issued under this ordinance only when a review of the application submitted, including the plans submitted, indicates that the development will comply with the provisions of this ordinance if completed as proposed. Such plans and applications as are finally approved are incorporated into any development issued and all development shall occur strictly in accordance with such approved plans and applications.

(c)

A development approval shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal) and shall identify the property involved and the proposed use. The development shall incorporate the plans submitted and shall contain any special conditions or requirements lawfully imposed by the issuing authority. All special use permits shall be recorded in the Dare County Registry after execution by the record owner as provided in section 3-20.

(d)

A development approval shall be in writing and may contain a provision requiring the development to comply with all applicable state and local laws. A local government may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued.

(e)

Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals run with the land.

Determinations. Upon receiving a written application providing the applicable facts, information, and related ordinance provisions the zoning administrator may issue a determination. The decision whether or not to issue a determination is within the sole discretion of the zoning administrator who may consult with the town manager and town attorney on the matter.

(a)

If the zoning administrator issues a determination, the zoning administrator shall give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner.

(b)

It is conclusively presumed that all persons with standing to appeal have constructive notice of a determination from the date a sign providing notice that a determination has been made is prominently posted on the property that is the subject of the determination, provided the sign remains on the property for at least ten days. The sign shall contain the words "Zoning Decision" or "Subdivision Decision" or similar language for other determinations in letters at least six inches high and shall identify the means to contact a local government staff member for information about the determination. Posting of signs is not the only form of constructive notice. Any such posting is the responsibility of the landowner, applicant, or person who sought the determination. Verification of the posting shall be provided to the staff member responsible for the determination.

(Ord. of 9-14-2005, § 3.4; Ord. No. ZTA-21-02, Art. III(Pt. 12), 6-16-2021)

Editor's note— Ord. No. ZTA-21-02, Art. III(Pt. 12), adopted June 16, 2021, changed the title of § 3-4 from "Permits required" to read as herein set out.

(a)

Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement.

(b)

The administrator may require an applicant to submit evidence of his authority to submit the application in accordance with subsection (a) whenever there appears to be a reasonable basis for questioning this authority.

(c)

All applications for permits requiring the approval or recommendation of the Planning and Zoning Board and the town commissioners' approval shall be submitted to the administrator 21 calendar days prior to the date of Planning and Zoning Board meeting at which the permit will be reviewed. If the submission deadline date falls on a Saturday, the application must be received by the preceding Friday. If the submission deadline falls on Sunday, the application must be received by the following Monday.

(Ord. of 9-14-2005, § 3.5; Ord. No. ZTA-21-02, Art. III(Pt. 13), 6-16-2021)

(a)

All applications for zoning, special use, or sign permits and stormwater impact statements must be complete before the permit-issuing authority will consider the application.

(b)

Subject to subsection (c), an application is complete when it contains all the information necessary for the permit-issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this ordinance.

(c)

Anyone requiring a building permit must submit their plans and specifications to the zoning administrator. The submission must include:

(1)

Two sets of scale plans;

(2)

A complete water and sewer application with all blanks filled in or not applicable noted;

(3)

Site plan which includes a survey showing the location of all buildings, lot elevation at building site, percentage of lot coverage, all setbacks, and parking; and

(4)

If applicable: floor plan and working drawings.

All site plans for non-single-family residential applications must be certified by a registered land surveyor, architect, or engineer.

(d)

Those plans that require review by the Planning and Zoning Board must be submitted 21 days prior to the regularly scheduled meeting. The submission shall include:

(1)

Seven folded copies of the site plans; and

(2)

A sewer calculation, all non-single-family sewer design gallon per day computations shall be prepared by a North Carolina licensed professional engineer and meet the town ordinances, Division of Environmental Health Standards Table of Sewage Flow Rates must be submitted with the water and sewer application.

(e)

The site plan approval shall expire by limitation, 12 months from the date of approval, if work authorized by the site plan approval has not commenced. If, after commencement, the work is discontinued for a period of six months, the site plan approval for the site shall immediately expire. No work authorized by any site plan that has expired shall be performed until a new site plan approval has been secured.

(f)

The building inspector shall issue building permits after: thorough review of the applicant's plans and specifications to determine conformance with structural and safety regulations included in the North Carolina Building Code; and, after appropriate review by the Planning and Zoning Board or the zoning administrator, it is determined that the applicant's plans are in compliance with zoning regulations.

(g)

The administrator shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In cases where a minimal amount of information is necessary to enable the administrator to determine compliance with this ordinance, such as applications for zoning permits to construct single-family or two-family houses, the administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.

(Ord. of 9-14-2005, § 3.7; Ord. No. ZTA-21-02, Art. III(Pt. 14), 6-16-2021)

(a)

A completed application form for a zoning permit shall be submitted to the zoning administrator by filing a copy of the application with the administrator.

(b)

The administrator shall issue the zoning permit or place the request for the zoning permit on the agenda of the Planning and Zoning Board, unless he finds, after reviewing the application and consulting with the applicant as provided in section 3-3 that:

(1)

The requested permit is not within his jurisdiction;

(2)

The application is incomplete;

(3)

If completed as proposed in the application, the development will not comply with one or more requirements of this ordinance (not including those requirements concerning which a variance has been granted or those the applicant is not required to comply with under the circumstances specified in Article XXI, Nonconforming Situations); or

(4)

The proposed development is not in conformity with the Manteo Town Plan Update (including future amendments and updates) and the adopted design guidelines entitled the "Manteo Way of Building."

(c)

Some uses of land are more intensive than others and have a greater impact on neighboring properties. Such uses require a zoning permit issued by the Planning and Zoning Board. The Planning and Zoning Board will use the criteria established in subsection (b) in their decision-making process.

(d)

The Planning and Zoning Board shall reserve the power of technical review of all construction in the Town of Manteo requiring a building permit.

(e)

No permit shall be issued to any person who has failed, after notice, to remedy defective work or otherwise comply with the Code of the Town of Manteo, the regulatory codes adopted herein, or the laws of the State of North Carolina.

(Ord. of 9-14-2005, § 3.7)

(a)

An application for a special use permit shall be submitted to the town commissioners by filing a copy of the application with the administrator.

(b)

When it is considered desirable by the zoning administrator, an informal meeting between the developer and the neighborhood in which the development is proposed to be situated may be required before the Planning and Zoning Board or the town commissioners will consider recommending or granting the special use permit.

(c)

When it is considered desirable by the Planning and Zoning Board or the town commissioners, a public hearing may be held on any special use. No special use permit applications will be considered for approval by the Planning and Zoning Board or the town commissioners until the notice to adjacent property owners form has been mailed to all adjacent property owners. All notification forms will be completed by the zoning administrator and must be sent to all adjacent property owners by first class mail. There will be a fee for each letter sent. This fee will be added to the site plan review fees previously established by the town commissioners.

(d)

The Planning and Zoning Board shall review the application for a special use permit and shall submit its recommendation as to approval or disapproval along with any additional conditions or safeguards it may consider necessary to the town commissioners. Written application for a special use permit shall be submitted to the Planning and Zoning Board no later than 21 days preceding the next regular monthly meeting of said board.

(e)

Subject to subsection (f), the town commissioners shall issue the requested special use permit unless they conclude, based upon the information submitted at the hearing, that:

(1)

The requested permit is not within its jurisdiction; or

(2)

The application is incomplete; or

(3)

If completed as proposed in the application, the development will not comply with one or more requirements of this ordinance (not including those the applicant is not required to comply with under the circumstances specified in article XXI, nonconforming situations).

(f)

Even if the town commissioners find that the application complies with all other provisions of this ordinance, they may still deny the permit if it concludes, based upon the information submitted at the hearing that:

(1)

The applicant has not met the requirements of the ordinance; or

(2)

Granting the permit will not be in conformity with the town's land use plan or the latest guidelines for development; or

(3)

The proposed use will not be compatible with the area in which it is to be located if developed under the conditions specified in the ordinance and those additionally required by the town commissioners.

(g)

Denial of a special use permit must be based upon competent material and substantial evidence which shall be made a part of the record in the case. The applicant shall have an opportunity to examine such evidence and present a rebuttal or contrary evidence.

(h)

All special use permits must be recorded in the Dare County Registry and indexed under the record owner's name as grantor.

(i)

The town commissioners shall not rely on or use any part of the preliminary forum or recommendation of the Planning and Zoning Board as a basis for its decision on the special use permit.

(Ord. of 9-14-2005, § 3.8; Ord. No. ZTA-21-02, Art. III(Pt. 15), 6-16-2021)

Editor's note— Ord. No. ZTA-21-02, Art. III(Pt. 15), adopted June 16, 2021, changed the title of § 3-8 from "Conditional use permits" to read as herein set out.

(a)

The burden of presenting a complete application (as described in section 3-6, Applications to be complete) to the town commissioners shall be upon the applicant.

(b)

Once a completed application has been submitted, the burden of presenting evidence to the town commissioners sufficient to lead them to conclude that the application should be denied for any reasons stated in subsection 3-8(f) shall be upon the party or parties urging this position, unless the information presented by the applicant in his application is sufficient to justify a reasonable conclusion that a reason exists to deny the application.

(c)

The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this ordinance remains at all times on the applicant. The burden of persuasion on the issue of whether the application should be turned down for any of the reasons set forth in subsection 3-8(c) rests on the party or parties urging that the requested permit should be denied.

(Ord. of 9-14-2005, § 3.9)

(a)

Before being presented to the town commissioners, an application for a special use permit shall be referred to the Planning and Zoning Board, as provided in subsection 3-8(d), for action in accordance with this section.

(b)

When presented to the Planning and Zoning Board, the application shall be accompanied by a report setting forth the zoning administrator's proposed findings concerning the application's compliance with section 3-6 and other requirements of this ordinance, as well as any staff recommendations for additional requirements to be imposed by the town commissioners. If the administrator's report proposes a finding or conclusion that the application fails to comply with section 3-6 or any other requirement of this ordinance, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

(c)

The Planning and Zoning Board may, in its discretion, hear from the applicant or members of the public.

(d)

After reviewing the application, the Planning and Zoning Board shall report to the town commissioners whether it concurs in whole or in part with the administrator's proposed findings and conditions, and to the extent there are differences the Planning and Zoning Board shall propose its own recommendations and the reasons thereof.

(e)

In response to the Planning and Zoning Board's recommendations, the applicant may modify his application prior to submission to the town commissioners eight days before the meeting, and the administrator may likewise revise his recommendations.

(Ord. of 9-14-2005, § 3.10; Ord. No. ZTA-21-02, Art. III(Pt. 16), 6-16-2021)

Editor's note— Ord. No. ZTA-21-02, Art. III(Pt. 16), adopted June 16, 2021, changed the title of § 3-10 from "Recommendations on conditional use permit applications" to read as herein set out.

In considering whether to approve an application for a special use permit, the town commissioners shall proceed according to the following format:

(1)

The town commissioners shall consider whether the application complies with all of the applicable requirements of this ordinance. If a motion to this effect passes, the town commissioners need not make further findings concerning such requirements. If such a motion fails or is not made, a motion shall be made that the application be found not in compliance with one or more of the requirements of this ordinance. Such a motion shall specify the particular requirements the application fails to meet. Separate votes may be taken with respect to each requirement not met by the application. It shall be conclusively presumed that the application complies with all requirements not found by the town commissioners to be unsatisfied through this process.

(2)

If the town commissioners conclude that the application fails to comply with one or more requirements of this ordinance, the application shall be denied. If the town commissioners conclude that all such requirements are met, they shall issue the permit unless they adopt a motion to deny the application for one or more reasons set forth in subsection 3-9(c). Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion.

(Ord. of 9-14-2005, § 3.11; Ord. No. ZTA-21-02, Art. III(Pt. 17), 6-16-2021)

Editor's note— Ord. No. ZTA-21-02, Art. III(Pt. 17), adopted June 16, 2021, changed the title of § 3-11 from "Town commissioners' action on conditional use permits" to read as herein set out.

(a)

In granting a special use permit, the town commissioners may attach to the permit such reasonable and appropriate conditions and safeguards upon the permit. Where appropriate, such condition may include requirements that street and utility rights-of-way be dedicated to the public and that provision be made for recreational space and facilities. Conditions and safeguards imposed shall not include requirements for which the town does not have authority under statute to regulate nor requirements for which the courts have held to be unenforceable if imposed directly by the local government, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land. In developing such reasonable and appropriate conditions, the town commissioners may consider, among other things, the following factors:

(1)

The applicant has met the requirements of the ordinance; or

(2)

Granting the permit will be in conformity with the town's land use plan, the Town of Manteo Plan Update, or the latest adopted guidelines for development entitled the "Manteo Way of Building;" or

(3)

The proposed use will be compatible with the area in which it is to be located if developed under the conditions specified in the ordinance and those additionally required by the town commissioners.

(b)

The town commissioners may not attach additional conditions that modify or alter the specific requirements set forth in this ordinance unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements.

(c)

The town commissioners may attach to a permit a condition limiting the permit to a specified duration.

(d)

All additional conditions or requirements shall be entered on the permit.

(e)

All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this ordinance.

(f)

A vote may be taken on application conditions or requirements before consideration of whether the permit should be denied for any of the reasons set forth in this ordinance.

(g)

The town commissioners may inquire whether the applicant is willing to consent in writing to the conditions proposed.

(Ord. of 9-14-2005, § 3.12; Ord. No. ZTA-21-02, Art. III(Pt. 18), 6-16-2021)

Editor's note— Ord. No. ZTA-21-02, Art. III(Pt. 18), adopted June 16, 2021, changed the title of § 3-12 from "Additional requirements on conditional use permits" to read as herein set out.

(a)

If a development is constructed in phases or stages in accordance with this section, then, subject to the provisions of section 3-17 and section 3-18 shall apply to each phase or stage as if it were the entire development.

(b)

Phased development requires a master plan special use permit (MPCUP). Following the MPCUP approval, each phase, stage or individual structure that requires a building permit must have a separate site specific special use permit (SSCUP). The process shall follow the special use permit process laid out in section 3-8 and shall include a review of compliance with the "Manteo Way of Building: a Guide for Development", in addition to other requirements set forth in the CDC.

(c)

Development that is to be built in phases or stages that includes common area improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, the MPCUP may specify the installation date.

(d)

No additional permits shall be issued for any phase stage or individual structure if there exists defective work or non-compliance with the CDC in the development addressed in the MPCUP.

(Ord. of 9-14-2005, § 3.13; Ord. No. ZTA-21-02, Art. III(Pt. 19), 6-16-2021)

(a)

No building, sign, or other structure shall be erected, moved or demolished, nor shall any existing building or structure hereafter be altered in any manner, unless a building permit including a stormwater impact statement, (if applicable, see Article XVII), or demolition permit has been approved.

(b)

Building permits to be approved by the zoning administrator:

(1)

Residential new construction and additions;

(2)

Alterations and repairs;

(3)

Mobile homes;

(4)

House moving;

(5)

Signs;

(6)

Residential—detached storage buildings, utility buildings, carports, and workshops;

(7)

Piers, docks, jetties, walkways, and ramps;

(8)

Demolition of non-historic structures:

i.

A permit for demolition of an historic structure shall require a 90-[day] public notice.

(9)

Fences and walls greater than six feet in height.

(c)

Building permits to be approved by the Planning and Zoning Board:

(1)

Multifamily, hotel/motel;

(2)

Commercial new construction and additions;

(3)

Commercial swimming pools;

(4)

Gas pumps; and

(5)

Fuel tanks.

(d)

Any building permits not specifically mentioned require the approval of the Planning and Zoning Board.

(e)

Site plans to be approved by the Planning and Zoning Board will include:

(1)

Commercial parking lots.

(2)

Filling or removal of land up to 12 inches.

(3)

Clear cutting of trees.

(f)

Any site plans not specifically mentioned require the approval of the Planning and Zoning Board.

(g)

The building permit shall expire by limitation, six months from date of issuance if work authorized by the permit has not commenced. If after commencement the work is discontinued for a period of six months, the permit for it shall immediately expire. No work authorized by any permit that has expired shall then be performed until a new permit has been secured.

(Ord. of 9-14-2005, § 3.14; Ord. No. 2010-7Z, 5-5-2010; Ord. No. 2013-04Z, 7-24-2013)

Unless otherwise exempt by Article XVII every submittal to the town for development or redevelopment must be accompanied by the following:

(1)

Stormwater impact statement. This statement shall include the following a narrative of the existing and proposed conditions including but not limited to drainage patterns, ground cover, soil classification, surface and groundwater conditions with supporting engineering calculations, calculation of retention during a storm event of one inch, descriptions and other means of indication the selected engineering and the extent of the proposed stormwater facilities intended to meet the provisions in Article XVII. The stormwater impact statement shall be signed, dated and sealed by a professional engineer or landscape architect licensed by the State of North Carolina.

(2)

Stormwater management plan. A set of preliminary construction ready plans sheets indicating pre-development and post development site topography soils drainage patterns, drainage easements, riparian buffer easements property boundaries, vegetation, and landscaping, limits of disturbance, building and pavement footprints, utilities, drainage structure, and schedule of pipe or channel dimension, length, slope, material, inlets, outlets, stormwater management facilities, type size shape cross sectional details and any other detail indicating the extent and scope of the proposed stormwater management and drainage design. All facilities and practices shall be indicated sized and designed according to the stormwater management plan. The stormwater management plan shall be signed, dated and sealed by a professional engineer or landscape architect licensed by the State of North Carolina.

(Ord. of 9-14-2005, § 3.15)

(a)

All stormwater management and drainage facilities shall be inspected periodically while under construction by the design engineer or assigned agent. Upon substantial completion of construction, a certificate of final inspection shall be provided to the town by the developer indicating the development or redevelopment and its stormwater management infrastructure has been constructed in accordance with the approved stormwater management plan. The certificate shall be signed dated and sealed by a professional engineer or landscape architect licensed in the State of North Carolina.

(b)

All stormwater management and infrastructure and access from public easements shall be located in a legally dedicated "drainage easement." Unless otherwise indicated on the recorded final plat and deed, where all maintenance responsibility, easement management, repairs and liability lies solely with the property owner. The town reserves the right to access these private easements as required to ensure proper maintenance or to otherwise protect the health, safety, and welfare of the general public. Drainage easements shall be a minimum of 15 inches in width.

(c)

Prior to the issuance of a certificate of occupancy (C.O.) by the town for the new development or redevelopment, the developer or property owner shall submit the following three items:

(1)

Certificate of final inspection, as described above.

(2)

"As-built" or "recorded drawings" the final construction location of all drainage features and elevations. All drawings shall be submitted in paper hard copy and in digital format on compact disc (CD).

(3)

An operations and maintenance covenant shall be submitted and shall include a schedule of maintenance activities for the facilities. The name address and telephone information of the responsible party shall be included. The responsible party shall sign and date the covenant in the witness of a public notary. This maintenance covenant shall be legally recorded with the property deed at the Dare County Register of Deeds.

(Ord. of 9-14-2005, § 3.16)

(a)

No land shall be used or occupied and no building hereafter structurally altered, erected, or moved shall be used or its use changed until a certificate of occupancy shall have been issued by the building inspector stating that the building and/or the proposed use thereof complies with the provisions of this ordinance. A like certificate shall be issued for the purpose of renewing, changing, or extending a nonconforming use. A certificate of occupancy, either for the whole or a part of a building, shall be applied in coincident with the application for a building permit and shall be issued within ten days after the erection of structural alterations of such building, or part, shall have been completed in conformity with the provisions of this ordinance. A record of all certificates shall be kept on file in the town hall.

(b)

A temporary certificate of occupancy may be issued by the Planning and Zoning Board for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the health, safety, and general welfare of the occupants and the public.

(Ord. of 9-14-2005, § 3.17)

(a)

In cases when, because of weather conditions or other factors beyond the control of the special use permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all of the requirements of this ordinance before commencing the intended use of the property or occupying any buildings, the town commissioners may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this ordinance are concerned) if the permit recipient provides a performance guarantee in the manner provided by section 3-41.

(b)

When the town commissioners impose additional requirements upon the permit recipient in accordance with section 3-12 or when the developer proposes in the plans submitted to install amenities beyond those required by this ordinance, the town commissioners may authorize the permitted party to commence the intended use of the property or to occupy any building before the additional requirements are fulfilled or the amenities installed if they specify a date by which or a schedule according to which such requirements must be met or each amenity installed and if they conclude that compliance will be ensured as the result of any one or more of the following:

(1)

A performance guarantee is furnished in the manner provided by section 3-41;

(2)

A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient's compliance will be reviewed when application for renewal is made; or

(3)

The nature of the requirements or amenities is such that sufficient assurance of compliance is given.

(Ord. of 9-14-2005, § 3.18; Ord. No. ZTA-21-02, Art. III(Pt. 20), 6-16-2021)

Editor's note— Ord. No. ZTA-21-02, Art. III(Pt. 20), adopted June 16, 2021, changed the title of § 3-18 from "Authorizing use or occupancy before completion of development under conditional use permits" to read as herein set out.

(a)

Development permits expire one year after issuance unless work authorized by the permit has substantially commenced. A development permit is issued either in the ordinary course of business of the applicable governmental agency or by the applicable governmental agency as a court directive.

(b)

A development permit expires for an uncompleted development project if development work is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months, and the statutory vesting period for a nonconforming use of property expires if the use is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months. The 24-month discontinuance period is automatically tolled during the pendency of any board of adjustment proceeding or civil action in a state or federal trial or appellate court regarding the validity of a development permit, the use of the property, or the existence of the statutory vesting period granted by this section. The 24-month discontinuance period is also tolled during the pendency of any litigation involving the development project or property that is the subject of the vesting.

(c)

The permit-issuing authority may extend, for a period up to six months, the date when a development permit would otherwise expire pursuant to subsections (a) or (b) if it concludes that:

(1)

The permit has not yet expired,

(2)

The permit recipient has proceeded with due diligence and in good faith, and

(3)

Conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to six months (for a total period not to exceed two years) upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.

(Ord. of 9-14-2005, § 3.19; Ord. No. 2016-03Z, 4-6-2016; Ord. No. ZTA-21-02, Art. III(Pt. 21), 6-16-2021)

(a)

Zoning, special use permits, and sign permits authorize the permitted party to make use of land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion covered under a permit continues to be used for the purposes for which the permit was granted, then no person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit.

(b)

Whenever a special use permit is issued to authorize development, nothing authorized by the permit may be done until the record owner of the property signs a written acknowledgement that the permit has been issued so that the permit may be recorded in the Dare County Registry and indexed under the record owner's name as grantor.

(Ord. of 9-14-2005, § 3.20; Ord. No. ZTA-21-02, Art. III(Pt. 22), 6-16-2021)

(a)

Insignificant deviations (for example, the swing of a door) with no discernible impact may be made by the zoning administrator.

(b)

Minor design modifications or changes in permits, including approved plans (for example, a change in windows and door sizes and styles), are permissible with the approval of the permit-issuing authority. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, minor modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development and for special use permits do not involve a change in uses permitted or the density of overall development permitted.

(c)

All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the town commissioners, new conditions may be imposed in accordance with section 3-19, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.

(d)

The administrator shall determine whether amendments to and modifications of permits fall within insignificant deviations and minor modifications.

(e)

A developer requesting approval of changes shall submit a written request for such approval to the administrator, identifying the changes. Approval of all changes must be given in writing.

(Ord. of 9-14-2005, § 3.21; Ord. No. ZTA-21-02, Art. III(Pt. 23), 6-16-2021)

(a)

Whenever the town commissioners disapprove an application for a special use permit or the Board of Adjustment disapproves an application for a variance, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective board at a later time unless the applicant clearly demonstrates that:

(1)

Circumstances affecting the property that is the subject of the application have substantially changed; or

(2)

New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the administrator within the time period for an appeal to superior court. However, such a request does not extend the period within which an appeal must be taken.

(b)

The town commissioners or the Board of Adjustment may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered.

(c)

For purposes of determining fees, resubmission of an application shall be treated as a new application.

(Ord. of 9-14-2005, § 3.22; Ord. No. ZTA-21-02, Art. III(Pt. 24), 6-16-2021)

Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the town shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this ordinance.

(Ord. of 9-14-2005, § 3.23)

The recipient of any zoning or special use permit, or his successor, shall be responsible for maintaining all common areas, improvements or facilities required by this ordinance or any permit issued in accordance with its provisions, except those areas, improvements or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.

(Ord. of 9-14-2005, § 3.24; Ord. No. ZTA-21-02, Art. III(Pt. 25), 6-16-2021)

(a)

The authority as to regulation of land subdivision generally is granted by Article 8, Chapter 160D of the North Carolina General Statutes.

(b)

The purpose of this section is to establish procedures and standards for the development and subdivision of real estate within the town in an effort to, among other things:

(1)

Insure proper legal description, identification, monumentation, and recordation of real estate boundaries;

(2)

Further the orderly layout and appropriate use of land;

(3)

Provide safe, convenient and economic circulation of vehicular traffic;

(4)

Provide for future connectivity in a grid-like pattern;

(5)

Provide suitable building sites which drain properly and are readily accessible to emergency vehicles;

(6)

Assure the proper installation of roads and utilities;

(7)

Promote the eventual elimination of unsafe or unsanitary conditions arising from undue concentration or population; and

(8)

Help conserve and protect the physical and economic resources of the Town of Manteo.

(c)

Subdivisions are subject to a two-step approval process. Physical improvements to the land to be subdivided are authorized by a special use permit, and sale of lots is permitted after final plat approval as provided in section 3-39.

(Ord. of 9-14-2005, § 3.36; Ord. No. ZTA-21-02, Art. III(Pt. 26), 6-16-2021)

(a)

No person may subdivide his land except in accordance with all of the provisions of this ordinance. In particular, no person may subdivide his land unless and until a final plat of the subdivision has been approved in accordance with the provisions of this ordinance and recorded in the Dare County Registry.

(b)

The Dare County Register of Deeds may not record a plat of any subdivision within the town's planning jurisdiction unless the plat has been approved in accordance with the provisions of this ordinance.

(Ord. of 9-14-2005, § 3.37)

(a)

The zoning administrator shall approve or disapprove minor subdivision final plats in accordance with the provisions of this section. Only a final plat for recordation is required to be provided for the division of a tract or parcel of land in single ownership if all of the following criteria are met:

(1)

The tract or parcel to be divided is not exempted as a division of land into parcels greater than ten acres where no street right-of-way dedication is involved.

(2)

No part of the tract or parcel to be divided has been divided under this subsection in the ten years prior to division.

(3)

The entire area of the tract or parcel to be divided is greater than five acres.

(4)

After division, no more than three lots result from the division.

(5)

After division, all resultant lots comply with all of the following:

a.

All lot dimension size requirements of the applicable land-use regulations, if any.

b.

The use of the lots is in conformity with the applicable zoning requirements, if any.

c.

A permanent means of ingress and egress is recorded for each lot.

(b)

The applicant for major subdivision plat approval shall submit plats in two stages. First is the preliminary plat. There shall be seven copies submitted to the zoning administrator 21 days prior to the Planning and Zoning Board meeting. This plat shall include the following:

(1)

Location of existing and platted property lines, streets, buildings, watercourses, transmission lines, all utilities, bridges, culverts, rain pipes, town limit lines, and all easements;

(2)

Boundaries of the tract shown with bearings and distances;

(3)

Wooded areas, marshes, and any other areas that should be considered in development of the site.

(4)

Names of owners of adjoining property or subdivisions;

(5)

Zoning classification both on the land to be subdivided and the adjoining lands;

(6)

Proposed streets, street names, rights-of-way and pavement widths;

(7)

The location of proposed utilities (sewer, water, gas electric, cable, phone, and all fire hydrants), showing connection with existing system;

(8)

Other proposed rights-of-way easements locations, widths, and purposes;

(9)

Proposed lot lines, lot and block numbers and approximate dimensions;

(10)

Proposed parks, school sites, or other public open spaces, if any.

(11)

Title, date, magnetic north point, and graphic scale;

(12)

Name of owner, engineer, or resgistered surveyor and land planner;

(13)

Site data, to include the following:

i.

Acreage in total tract;

ii.

Acreage in park or other land usage;

iii.

Total number of lots;

iv.

Lineal feet in streets.

(c)

The second step is the final plat. It shall be drawn in waterproof ink on a sheet made of a material and a size that will be acceptable to the Dare County Register of Deed's office for recording purposes. When more than one sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision. The scale of the plat shall be to an appropriate scale. The applicant shall also submit seven prints of the plat. The final plat shall include:

(1)

The rights-of-way lines of all roads;

(2)

Lot lines and lot numbers;

(3)

Reservations, easements, alleys and any areas to be dedicated to public use or sites for other than residential use with notes stating their purpose and [an] limitations;

(4)

Utility layouts;

(5)

Sufficient data to determine readily and reproduce on the ground the location bearing and the length of every road line, lot line, boundary line, block line, and building line, whether curved or straight and including magnetic north point;

(6)

All dimensions to the nearest 1:5,000 of a foot (one foot in 5,000 feet) and angles to the nearest 30 seconds times the square root of the number of angles turned;

(7)

Accurate location and description of all monuments and marker. Where the map is the result of a survey, one or more corners shall, by a system of azimuths or courses and distances, be accurately tied to a monument of some United States or state agency survey system, such as the United States Coast and Geodetic Survey Systems, where such monument is within 2,000 feet of such corner. Where the North Carolina grid system coordinates of such monument have been published by the State Department of Natural and Economic Resources, the coordinates of the reference corner shall be computed and shown in X and Y coordinate on the map. Where such a monument is not available, the tie shall be made to some pertinent and permanent recognizable landmark or identification point;

(8)

The names and locations of adjoining roads and the location and ownership of adjoining property;

(9)

Name of owner, engineer, or registered surveyor and land planner;

(10)

The appropriate endorsements as provided in section 3-39 (Endorsements on subdivision plats);

(11)

The name of the subdivision, which name shall not duplicate the name of any existing subdivision as recorded in the Dare County Registry;

(12)

The township, county, and state where the subdivision is located;

(13)

The scale according to which the plat is drawn in feet per inch or scale ratio in words or figures and bar graphs; and

(14)

All of the additional information required by G.S. 47-30 and G.S. 39-32.3.

(d)

The zoning administrator shall approve the proposed plat unless he finds that the plat or the proposed subdivision fails to comply with one or more of the requirements of this ordinance, the plat is not in conformity with the CAMA Land Use Plan, the Manteo Plan Update (including future amendments and updates), the Design Guidelines: The Manteo Way of Building, and other planning documents, or that the final plat differs substantially from the plans and specifications approved in conjunction with the special use permit that authorized the development of the subdivision.

(e)

If the final plat is disapproved by the zoning administrator, the applicant shall be furnished with a written statement of the reasons for the disapproval.

(f)

Approval of a final plat is contingent upon the plat being recorded within 60 days after the approval certificate is signed by the zoning administrator or his designee.

(Ord. of 9-14-2005, § 3.38; Ord. No. ZTA-21-02, Art. III(Pt. 27), 6-16-2021)

All subdivision plats shall contain the endorsements listed in subsections (1), (2), and (3) herein.

(1)

Certificate of approval:

I hereby certify that all streets shown on this plat are within the Town of Manteo's planning jurisdiction, all streets and other improvements shown on this plat have been installed or completed or that their installation or completion (within twelve (12) months after the date below) has been assured by the posting of a performance guarantee, and that the subdivision shown on this plat is in all respects in compliance with the Town of Manteo Unified Development Ordinance, and this plat has been approved by the Manteo Zoning Administrator, subject to being recorded in the Dare County Registry within sixty (60) days of the date below.

___________, Zoning Administrator

________ Date

(2)

Certificate of ownership and dedication:

I hereby certify that I am the owner of the property described hereon, which property is located within the subdivision regulation jurisdiction of the Town of Manteo, that I freely adopt this plan of subdivision and dedicate to public use all areas shown on this plat as streets, alleys, walks, parks, open space, and easements, except those specifically indicated as private, and that I will maintain all such areas until the offer of dedication is accepted by the appropriate public authority. All property shown on this plat as dedicated for a public use shall be deemed to be dedicated for any other public use authorized by law when such other use is approved by the Manteo Town Commissioners in the public interest.

___________, Owner

________ Date

___________ (Notarized)

(3)

Certificate of survey and accuracy.

I, ___________, certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed description recorded in Book _____, Page _____, etc.) (other); that the boundaries not surveyed are clearly indicated as drawn from information found in Book _____, Page _____; that the ratio of precision as calculation is 1: _____; that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, registration number and seal this _____ day of _______, A.D., 20_____.

___________
Surveyor Seal or Stamp

_______ Registration Number

(4)

The certificate of the notary shall read as follows:

North Carolina, ______________ County.

I, a Notary Public of the County and State foresaid, certify that ___________, a registered land surveyor, personally appeared before me this day and acknowledged the execution of the foregoing instrument.

Witness my hand and official stamp or seal, this _____ day of _______, 20_____.

___________
Notary Public Seal or Stamp

My Commission expires ________.

(Ord. of 9-14-2005, § 3.9; Ord. No. ZTA-21-02, Art. III(Pt. 28), 6-16-2021)

Approval of a plat does not constitute acceptance by the town of the offer of dedication of any streets, sidewalks, parks, or other public facilities shown on a plat. However, the town may accept any such offer of dedication by resolution of the town commissioners or by actually exercising control over and maintaining such facilities.

(Ord. of 9-14-2005, § 3.40)

(a)

Performance guarantees. Whenever (pursuant to section 3-18) occupancy, use or sale is allowed before the completion of all facilities or improvements intended for dedication, including water and sewer lines, then the town may require a performance guarantee to assure successful completion of required improvements.

(b)

Type. The type of performance guarantee shall be at the election of the developer. The term "performance guarantee" means any of the following forms of guarantee:

a.

Surety bond issued by any company authorized to do business in this state.

b.

Letter of credit issued by any financial institution licensed to do business in this state.

c.

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

(c)

Duration. The duration of the performance guarantee shall initially be one year, unless the developer determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration.

(d)

Extension. A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of the town, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period. An extension under this subdivision shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall be determined by the procedure provided in subdivision (f) of this subsection and shall include the total cost of all incomplete improvements.

(e)

Release. The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgement by the town that the improvements for which the performance guarantee is being required are complete. The town shall return letters of credit or escrowed funds upon completion of the required improvements to its specifications or upon acceptance of the required improvements, if the required improvements are subject to town acceptance. When required improvements that are secured by a bond are completed to the specifications of the town, or are accepted by the town, if subject to its acceptance, upon request by the developer, the town shall timely provide written acknowledgement that the required improvements have been completed.

(f)

Amount. The amount of the performance guarantee shall not exceed 125 percent of the reasonably estimated cost of completion at the time the performance guarantee is issued. The town may determine the amount of the performance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include 100 percent of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional 25 percent allowed under this subdivision includes inflation and all costs of administration regardless of how such fees or charges are denominated. The amount of any extension of any performance guarantee shall be determined according to the procedures for determining the initial guarantee and shall not exceed 125 percent of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.

(g)

Timing. The town, at its discretion, may require the performance guarantee to be posted either at the time the plat is recorded or at a time subsequent to plat recordation.

(h)

Coverage. The performance guarantee shall only be used for completion of the required improvements and not for repairs or maintenance after completion.

(i)

Legal responsibilities. No person shall have or may claim any rights under or to any performance guarantee provided pursuant to this subsection or in the proceeds of any such performance guarantee other than the following:

a.

The town to whom the performance guarantee is provided.

b.

The developer at whose request or for whose benefit the performance guarantee is given.

c.

The person or entity issuing or providing the performance guarantee at the request of or for the benefit of the developer.

(j)

Multiple guarantees. The developer shall have the option to post one type of a performance guarantee as provided for in subdivision (l)[(b)] of this section, in lieu of multiple bonds, letters of credit, or other equivalent security, for all development matters related to the same project requiring performance guarantees.

(k)

Certification required. An architect or engineer retained by the developer shall certify to the town that all facilities and improvements to be dedicated to the town have been constructed in accordance with the requirements of this ordinance. The architect or engineer will certify as-built drawings, including water, sewer, cable, telephone, and electric, and submit to the town. This certification shall be a condition precedent to acceptance by the town of the offer of dedication of such facilities or improvements.

(Ord. of 9-14-2005, § 3.41; Ord. No. ZTA-21-02, Art. III(Pt. 29), 6-16-2021)

As provided in section 3-24, all facilities and improvements with respect to which the owner makes an offer of dedication to public use shall be maintained by the owner until such offer of dedication is accepted by the appropriate public authority.

(Ord. of 9-14-2005, § 3.42)