(A)

No person shall undertake any land use and/or development activity subject to this Ordinance without first obtaining approval from the Town. Upon approval by the Town, a permit shall be issued for the approved land use and/or development activity. Certain permits associated with land use and/or development are issued by agencies other than the Town of Pine Knoll Shores, as noted below.

(B)

In any case where an application is made to operate more than one (1) use on a property, the Planning Administrator shall determine either which use or uses shall be the principal use or uses, or if there are multiple principal uses, and the type of Zoning Compliance Permit (zoning permit) that is required for the categories of use(s) appearing in Table 8.1 located in Article 8 of this Ordinance: Listed Use, Special Use Permit, or Use Listed with Additional Standards. Upon determination of the use(s) and the type of zoning permit(s) required shall indicate such decision to the applicant.

(C)

In accordance with G.S. 160D-108(b) "Permit Choice," if a land development regulation is amended between the time a development permit application was submitted and a development permit decision is made or if a land development regulation is amended after a development permit decision has been challenged and found to be wrongfully denied or illegal, G.S. 143-755 applies.

The permits and/or approvals listed below are required, depending upon the type(s) of development proposed:

(A)

Zoning Compliance Permits (also known as Zoning Permits) are issued by the Town of Pine Knoll Shores for all new or expanded use of property. Zoning compliance permits include the permits listed in Section 7.5 and as required throughout this Ordinance. A Zoning Compliance Permit may also be obtained as part of a Development Agreement in accordance with Section 7.14 of this Article.

(B)

Building Permits—Building Inspector issues Building Permits following issuance of a Zoning Permit by the Planning Administrator.

(C)

Certificate of Occupancy—The Building Inspector issues upon final building inspections and site plan compliance approval by the Town.

(D)

Environmental Impact and Infrastructure—The State of North Carolina and various agencies of the United States require specific permits for the impact of natural resources and/or areas deemed sensitive and/or protected. In addition, the State of North Carolina requires specific permits for the expansion of public infrastructure including streets, potable water, wastewater, and storm water. Professional engineers licensed to perform services in the State of North Carolina shall be consulted by applicants for assistance in preparation of plans and studies required before impacting natural resources and expanding public infrastructure.

The Town Board of Commissioners shall establish a Schedule of Fees, Charges and Expenses, and a collection procedure, for zoning permits and plan approvals issued by the Town. No approval, permit, certificate, variance, etc., shall be processed and/or issued unless or until such charges have been paid in full.

The Planning Administrator, or his designee, shall have the right, upon presentation of proper credentials to enter on any premises within the Town's jurisdiction at any reasonable hour for the purposes of inspection, determination of plan compliance, or other enforcement action.

Permits and approvals, other than those identified in subsection 7.3-2 below, shall run with the land and expire as set forth in the process for each permit and/or approval based upon permit and approval type detailed in Sections 7.5 through 7.11 of this Article.

The Building Inspector may void a building permit for a project within the Town jurisdiction if the authorized work has not begun within six months after issuance of the permit, or work was commenced but was discontinued for a period of 12 months per G.S. 160D-1111.

The Building Inspector issues certificates of occupancy, temporary certificates of occupancy, and certificates of floor elevation/floodproofing upon completion or partial completion of a building project.

A Zoning Compliance Permit (zoning permit) is required for the construction, development, or establishment of any new use within the planning and regulation jurisdiction of the Town of Pine Knoll Shores. In addition to new uses, a zoning permit shall also be required for expansions of existing uses, as well as for changes of use. The types of zoning compliance Permits below apply based upon the characteristics of the development proposed:

(A)

Special Events/Temporary Structures—See Section 7.6 of this Article.

(B)

Landscaping Permits—See Article 11.

(C)

Site Development and Construction Plan Approval(s) for development requiring a zoning compliance permit and building permit. See Section 7.7 of this Article for required information and procedures.

(D)

Special Use Approvals—See Section 7.8 of this Article for required information and procedures.

(E)

Uses Listed with Additional Standards—See Section 7.9 of this Article for required information and procedures.

(F)

Sign Permits—See Section 7.10 of this Article for required information and procedures.

(G)

Subdivision Plat Approval—See Section 7.10 of this Article for required information and procedures for both Minor and Major Subdivisions. Additional details for the subdivision of land appear in Article 16 of this Ordinance.

(H)

Floodplain Development and Certification Permit—See Article 18 of this Ordinance, as referenced by Section 7.11 of this Article.

(I)

Stormwater Management Permits—See Article 19 of this Ordinance, as referenced by Section 7.7 of this Article.

To ensure that proposed special events and temporary structures comply with the requirements of Article 15 and any other applicable standards and specifications of this Ordinance, no use that is classified as a special event requiring a permit, and/or no structure that is classified as a temporary structure and permitted as such in the zoning district in which it is located shall be placed or established on the property without first receiving a special event/temporary structure zoning permit from the Planning Administrator.

(A)

Filing of application. An application for a special event/temporary structure zoning permit may be filed by the landowner, a lessee or person holding an option or contract to purchase or lease land, or by an authorized agent of the landowner. Where an agent files the application, the agent shall provide the Planning Administrator with documentation that the owner of the property has authorized the filing of the application. The application for a special event/temporary structure zoning permit shall be filed with the Planning Administrator on a form he provides.

(B)

Information required. Each application for special event/temporary structure zoning permit shall contain the information required on the application form. The application shall be accompanied by a Sketch Plan showing the boundaries of the property, the use of adjacent properties, the location of the special event or structure on the property, access and parking provisions, restroom facilities, and other information sufficient to show that the special event or structure complies with the standards set forth in Article 15 and any other applicable standards and specifications of this Ordinance. Persons seeking issuance of a special event/temporary structure zoning permit for an event shall file an application with a minimum of five (5) days prior to the proposed event date, unless this timeframe is reduced in writing by the Planning Administrator.

The Planning Administrator shall review the application and determine whether it provides the information required. The Planning Administrator shall issue a special event/temporary structure zoning permit only upon finding that the proposed special event or temporary structure satisfies the requirements set forth in Article 15 and any other applicable standards and specifications of this Ordinance.

The special event/temporary structure zoning permit shall run with the land and be valid only for the date(s) stated on the permit.

In the event of a natural disaster, catastrophic event or public emergency the Planning Administrator or their designee may waive any special event/temporary structure permit procedures and authorize the placement of temporary structures and other facilities that are deemed necessary or desirable in conjunction with the management of the emergency.

(A)

Purpose. The site development and construction plan review process is required for development projects located within the Town of Pine Knoll Shores in order to prepare for expected impacts upon public services and facilities. This review process is established to assure that adequate services and facilities can be provided for these developments and to assure that they do not negatively impact the area in which they are proposed to be located or the Town as a whole. Proposed developments involving new construction, additions, renovations, and changes of use which fall into one or more of the following categories are subject to the Site Development Plan review process:

1.

New construction and changes of use.

2.

Improvements to existing parcels which increase or alter the built upon area on the property.

(B)

Exemptions. Projects within the Town of Pine Knoll Shores involving minor landscaping alterations with no land disturbance and no removal of regulated trees, may be exempted from this Section 7.7 by the Planning Administrator.

(C)

Pre-application procedure. All applicants for Site Development Plan review are required to schedule a predevelopment conference with the Planning Administrator prior to the preparation of development plans. This conference allows the applicant and Planning Administrator an opportunity to discuss the review process, the requirements for completing the review schedule, contact persons for services and permits, and information regarding Site Development Plans and development requirements.

(D)

Site Development Plan submittal.

1.

Application required. An application shall be required for all Site Development Plan review requests. This application shall contain pertinent information regarding the proposed project and shall be accompanied by a Site Development Plan. The Site Development Plan shall contain the following unless waived by the Planning Administrator:

(a)

Dimensioned footprint and setbacks of the existing and proposed structures with gross floor area indicated.

(b)

Dimensions of existing and proposed impervious surfaces.

(c)

Location and number of parking spaces.

(d)

Location and size of buffer and landscape areas.

(e)

Location of existing and proposed driveways and/or streets.

(f)

Location of all flood zones.

(g)

Location of adjoining properties and both the existing zoning designation and use of these properties.

(h)

Names and addresses of adjoining property owners.

(i)

Number of stories and overall height of all existing and proposed structures.

(j)

Location of proposed stormwater facilities and infiltration calculations.

(k)

A grading plan showing existing and proposed contours demonstrating both positive drainage characteristics and smooth grade transitions. Grading plan should also show limits of disturbance where erosion control measures will be installed.

(l)

Tree survey depicting all trees over three (3) inches in Diameter at 36" above grade as defined in Article 11.

(m)

Septic permit authorization if applicable.

(n)

Other information determined by the Planning Administrator as necessary to evaluate the request.

2.

Preparation by professional. Site Development Plans for developments requiring Site Development Plan review shall be prepared by a registered professional including landscape architect, architect, engineer, or land surveyor licensed in the State of North Carolina for the work in which they are trained and licensed to perform.

(E)

Staff review.

1.

Submittal of plans to Planning Administrator. Plans for development requiring Site Development Plan review shall be submitted to the Planning Administrator. Site Development Plans shall demonstrate compliance with all relevant ordinances prior to approval.

2.

Planning Department staff review. The Planning Administrator reviews the Site Development Plans for compliance with the applicable requirements of this Ordinance, other applicable Ordinances and laws, and the Technical Standards & Specifications Manual. This review shall be made by the Planning Administrator and by any other agencies or officials as requested by the Planning Administrator.

(F)

Permit validity. Approval of Site Development Plans and zoning permits authorized by G.S. 160D-403 for developments requiring Site Development Plan review shall run with the land and constitute approval of a site-specific vesting plan in accordance with G.S 160D-108(d) and be valid for two (2) years from the date of approval unless a greater timeframe is authorized by G.S. 160D-108. Failure to submit construction plans, initiate construction, or otherwise begin the permitted use within this time shall render the Site Development Plan approval void. The Planning Administrator may grant a single extension of this time period of up to three (3) years upon submittal by the applicant of sufficient justification for the extension. Multi-phased development containing 25 acres or more remains vested for a period of seven (7) years from the time a site plan approval is granted as authorized in G.S. 160D-108(f).

(G)

Site Construction Plans.

1.

Site Construction Plan required. A complete and comprehensive set of Site Construction Plans shall be required for all Site Development Plan review requests. This submittal shall contain pertinent information regarding the proposed project and shall be accompanied by the approved Site Development Plan per Subsection 7.7-1 herein above illustrating any and all deviations from the approved Site Development Plan. The Site Construction Plan shall contain the following:

(a)

Property boundaries with dimensions.

(b)

Location of adjacent streets/roads including existing right-of-way and/or easement(s).

(c)

Location and design of proposed streets including cross-sections in accordance with the Pine Knoll Shores Technical Standards & Specifications Manual, centerline profile(s), and the proposed right-of-way.

(d)

Location of existing and proposed utilities, including easements associated with both.

(e)

A grading plan showing existing and proposed contours demonstrating both positive drainage characteristics and smooth grade transitions to avoid abrupt "v" ditches, swales and other disruptions to the landscape, particularly between buildings where open space enhancements for use by persons actively utilizing the landscape and/or yard area. The use of crawl-space construction techniques in detached residential structures and professional landscape design is required to meet this characteristic of site development.

(f)

Location of existing and proposed stormwater detention, retention, collection, and conveyance facilities, including design calculations.

(g)

Dimensions of existing and proposed impervious surfaces.

(h)

Location of existing structures and either proposed structures or proposed building envelopes.

(i)

Location and number of existing and proposed parking spaces, including loading spaces, maneuvering areas, and fire lane(s).

(j)

Location and size of buffer and landscape areas.

(k)

Location of existing and proposed driveways and/or streets.

(l)

Location of all flood zones.

(m)

Location of adjoining properties and both the current zoning designation and use of these properties.

(n)

Names and addresses of adjoining property owners.

(o)

Number of stories and overall height of all existing and proposed structures from average grade as defined in Article 3.

(p)

Other information determined by the Planning Administrator as necessary to evaluate the request.

2.

Preparation by professional. Construction Plans for developments requiring Site Development Plan review shall be prepared by a registered landscape architect, architect, engineer, or land surveyor licensed in the State of North Carolina for the work in which the professional is trained and licensed to perform.

Special uses are established to provide for the location of those uses which are generally compatible with other land uses permitted in a zoning district but which, because of their unique characteristics or potential impacts on the surrounding Neighborhood and the Town of Pine Knoll Shores as a whole, require individual consideration of their location, design, configuration, and/or operation at the particular location proposed. Such individual consideration may also identify cause(s) for the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location and to ensure protection of the public health, safety, and welfare. Any use identified in Article 10 of this Ordinance as a special use in a zoning district shall not be permitted without the approval of the Board of Commissioners in accordance with the requirements and procedures set forth in this Section 7.8.

Every applicant for a special use zoning permit is required to meet with the Planning Administrator in a pre-application conference prior to the submittal of a request for approval of a special use. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.

(A)

Filing of application. An application for a special use zoning permit may be filed by the landowner, a lessee or person holding an option or contract to purchase or lease land, or by an authorized agent of the landowner. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. The application for a special use zoning permit shall be filed with the Planning Administrator on a form provided by him.

(B)

Information required. Each application for a special use zoning permit shall contain all information identified as required by the Planning Administrator. The application shall be accompanied by an electronic file copy plus at least two paper copies of a Site Development Plan containing all information required by Section 7.7 of this Ordinance for filing(s) on the subject property.

(A)

Submittal of plans to Planning Administrator. Following submittal of the application and Site Development Plans for the special use, they shall be reviewed by the Planning Administrator for compliance with the requirements of this Ordinance.

(B)

Review. This review shall be made by the Planning Administrator and by any other agencies or officials as requested by the Planning Administrator. The Planning Administrator shall review the Site Development Plans for compliance with the applicable requirements of this Ordinance and other applicable Ordinances and laws, to which their respective departmental role applies.

(A)

Evidentiary hearing. Upon receipt of a notice from the Planning Administrator of the applicant requesting an evidentiary hearing on the application and Site Development Plan for a special use zoning permit, an evidentiary hearing shall be scheduled. An evidentiary hearing before the Pine Knoll Shores Board of Commissioners shall be held for all special use zoning permit applications.

(B)

Action by the Pine Knoll Shores Board of Commissioners.

1.

The Pine Knoll Shores Board of Commissioners shall consider the request within 35 days of receiving information regarding the special use zoning permit application from the Planning Administrator unless the mayor determines exigent circumstances prevent such consideration within the time period.

2.

The Pine Knoll Shores Board of Commissioners, after conducting the quasi-judicial evidentiary hearing, may: (1) deny approval; (2) continue the application pending submittal of additional information; or (3) approve the proposed special use zoning permit.

3.

The decision on the special use zoning permit application shall be by a simple majority vote of those members of the Pine Knoll Shores Board of Commissioners present at the meeting at which the action is taken.

4.

The minutes of the Pine Knoll Shores Board of Commissioners shall state if the proposed special use meets or does not meet each of the conditions set forth in Subsection 7.8-5.C, the standards set forth in Article 10 of this Ordinance for the proposed special use, and all other requirements set forth by this Ordinance for the proposed special use.

(C)

Findings and Conditions. In granting the zoning permit, the Board of Commissioners shall find there to be competent, material, and substantial evidence in the record to support these conclusions and the Board of Commissioners must find that all the below listed facts exist or the application shall be denied.

1.

That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2.

That the use or development complies with all required regulations and standards of this Ordinance and with all other applicable regulations;

3.

That the use or development is located, designed, and proposed to be operated so as not to substantially injure the value of adjoining or abutting property, or that the use or development is a public necessity;

4.

That the use or development will be in harmony with the area in which it is to be located and conforms to the general plans for the land use and development of Town of Pine Knoll Shores and its environs;

5.

That the use or development will not produce stormwater runoff that is adverse to adjacent or other properties, to include streets in town;

6.

That the use or development will not cause the removal or destruction of trees or vegetation in excess of the standards of this chapter; and

7.

That the use or development meets all requirements and standards of this Ordinance for single-family homes and development on lots for the zoning district in which the property is located.

(D)

Additional Conditions. In granting the special use zoning permit, the Board of Commissioners may designate only those conditions, in addition and in connection therewith, as will, in its opinion, assure that the use in its proposed location will be harmonious with the area in which it is proposed to be located, with the spirit of this Ordinance and clearly in keeping with the public welfare. All such additional conditions shall be entered into the minutes of the meeting, at which the special use zoning permit is granted, on the special use zoning permit itself, and on the approved plans. All specific conditions shall run with the land and shall be binding on the original applicants, their heirs, successors, and assigns. The special use zoning permit, as approved, shall be recorded by the Planning Administrator with the Register of Deeds of Carteret County the same as a deed restriction. The zoning permit recipient shall be responsible for paying the recording fee. No building permit shall be issued for the subject property until the recording is made.

A special use approval is not transferable from one property to another but is transferred to a subsequent owner of the property to which applied.

No application for approval of a special use shall be filed with, or accepted by, the Planning Administrator that is identical or substantially similar to an application that has been denied by the Pine Knoll Shores Board of Commissioners within one year of the final action by the Board of Commissioners denying the request. This waiting period may be waived in an individual case, for good cause shown, by the affirmative vote of a majority of the members of Board of Commissioners.

Notice of evidentiary hearings required under this section for special use approvals shall be provided in accordance with the requirements established by G.S. 160D-406 for evidentiary hearing notification.

If a project approved as a special use is to be developed in phases, a master plan for the entire development site must be approved by the Pine Knoll Shores Board of Commissioners at the same time and in the same manner the special use zoning permit application is considered.

(A)

Final plans for phases of the special use may be submitted in stages and shall be approved by the Planning Administrator provided that the following requirements are met:

1.

All stages shall be shown with precise boundaries on the master plan and shall be numbered in the expected order of development.

2.

Each phase must be able to exist independently of subsequent phases by meeting all applicable laws and regulations as if the phase were a separate project.

3.

All the data required for the project as a whole shall be given for each stage shown on the plan.

4.

A proportionate share of the open space, common facilities, amenities, play areas, etc., shall be included in each stage of the development, except that centralized common facilities shall be guaranteed by bond or other irrevocable financial instrument valid for the duration of the project implementation period.

5.

The phasing shall be consistent with the traffic circulation, drainage, and utilities plan for the entire master plan for the special use.

6.

Each phase of the special use must comply with any and all conditions attached to the approval of the special use zoning permit by the Pine Knoll Shores Board of Commissioners.

An appeal from the decision of the Pine Knoll Shores Board of Board of Commissioners regarding a special use application and Site Development Plan may be made by an aggrieved party and shall be made to the Carteret County Superior Court in the nature of certiorari. Any such petition to the Superior Court shall be filed with the court no later than 30 days after a written copy of the decision of the Board of Commissioners is received by the applicant.

Approval(s) of a special use zoning permit application and Site Development Plan shall run with the land and constitute approval of a site-specific vesting plan in accordance with G.S. 160D-108(d) and be valid for a minimum of not less than two (2) years from the date of approval by the Pine Knoll Shores Board of Commissioners. Failure to initiate construction, or otherwise begin the permitted use, within this time shall render the special use approval null and void. Multi-phased development of a special use project containing 25 acres or more remains vested for a period of seven (7) years from the time a site plan approval is granted as authorized in G.S. 160D-108(f).

In the event of failure to comply with the plans approved by the Board of Commissioners or with any other conditions imposed upon the special use zoning permit, the zoning permit shall thereupon immediately become void and of no effect. The Planning Administrator is vested with the authority to determine whether there is material non-compliance with the provisions of a special use permit. Upon such determination, he shall issue a Notice of Violation and may issue a stop work order. No building permit for further construction or certificates of occupancy under this special use zoning permit shall be issued. If a failure to comply with conditions in a special use zoning permit occurs after occupancy, the owner, lessee, or other responsible person shall be notified in writing of the violation. The decision of the Planning Administrator is an administrative decision appealable to the Board of Adjustment.

Minor modifications to the approved special use permit may be approved by the Planning Administrator per authorization under G.S. 160D-705(c). The minor modifications authorized herein are intended to provide relief where conditions established by the special use permit create a hardship based upon a unique physical attribute of the property itself or some other factor unique to the property which was not known at the time of special use permit approval and which has subsequently rendered the property difficult or impossible to use due to the condition(s) imposed by the special use permit. The special use permit holder shall bear the burden of proof to secure the modification(s). Such modifications shall be limited to the following:

1.

A deviation of up to ten percent or 24 inches, whichever is greater, from the approved setback, provided that the conditions for approving a deviation from the required setback established by Article 14 (Flexible Development Standards) of this Ordinance are met.

2.

Any other minor modification in accordance with the limitations and procedures prescribed in this Ordinance, unless restricted by G.S. 16D-703(b), or the special use permit adopted pursuant to this section specifies otherwise.

Any other modifications must be approved by the Board of Commissioners as an amendment to the special use permit and may be referred to the Planning Board or Planning Administrator as appropriate. The Planning Administrator shall in every case have the discretion to decline to exercise the power to approve or deny modifications as provided for herein, and may require the applicant to seek an amendment to the Special Use Permit.

Special Use Permits shall be recorded by the holder of the permit with the Carteret County Register of Deeds within 60 days of approval. Modifications to Special Use Permits shall be recorded in the same manner in which the original permit was recorded.

Uses listed with additional standards are uses permitted by right, provided that the additional standards set forth in Article 10 of this Ordinance are met. The additional standards are intended to ensure that the uses fit the intent of the zoning districts within which they are permitted, and that the uses are compatible with other development permitted within the zoning districts. Review and approval of these uses are the authority of the Planning Administrator, who has no discretion to modify the additional standards.

Upon the approval of a zoning permit for a use with additional standards authorized by G.S. 160D-403 the applicant shall have one year to obtain the required building permit(s) if any, unless a greater timeframe is authorized by G.S. 160D-108. Failure to obtain requisite building permit(s) within this time shall render the zoning permit void. Upon issuance of a building permit(s), a zoning permit for improvements shall run with the land and remain valid as long as a valid building permit exists for the project.

(A)

Purpose. The Major Subdivision review process is required for those divisions of land meeting the definition of "Subdivision, Major" appearing in Article 3 of this Ordinance. Review and approval of the Preliminary Plat by the Planning Administrator following input by the Planning Board is required under the Major Subdivision review process, with review and approval of the Final Plat made by the Planning Administrator. Major Subdivisions proposing the development of new street infrastructure are required to enter into a Development Agreement in accordance with Section 7.14 of this Article.

(B)

Pre-application procedure.

1.

Conference. It is required that every applicant for a Major Subdivision meet with the Planning Administrator in a conference prior to the submittal of a Subdivision Plat. The purpose of this conference is to provide clarification and assistance in the preparation and submission of Plats for approval.

2.

Sketch Plan. A Sketch Plan shall be submitted to the Planning Administrator prior to or at the pre-application conference. Upon submittal of the Sketch Plan, the Planning Administrator shall conduct an initial review to determine whether the proposed Subdivision is a Major Subdivision.

(C)

Application and Preliminary Plat/Site Development Plan submittal.

1.

Preliminary Plat(s) required. A Preliminary Plat and Site Development Plan for a proposed Major Subdivision shall be prepared by a registered architect, engineer, landscape architect, and/or land surveyor licensed in the State of North Carolina for the work in which the professional is trained and licensed to perform; and shall be prepared in accordance with the standards set forth by the Planning Department and applicable state standards.

2.

Filing of application. A complete application containing all information as required by the Town of Pine Knoll Shores shall be submitted, along with applicable fees, to the Planning Administrator.

(D)

Preliminary Plat/Site Development Plan for Major Subdivisions submittal requirements.

1.

Application required. An application shall be required for all Preliminary Plat/Site Development Plan for Major Subdivisions review requests. This application shall contain pertinent information regarding the proposed project and shall be accompanied by a Preliminary Plat/Site Development Plan for Major Subdivisions. The Preliminary Plat/Site Development Plan for Major Subdivisions shall contain the following:

(a)

Property boundaries with dimensions;

(b)

PIN for property;

(c)

Location of adjacent streets, rights-of-way, and utility easements;

(d)

Dimensioned footprint and setbacks of the existing structures;

(e)

Location and size of buffer and landscape areas;

(f)

Location of existing and proposed streets;

(g)

Location of all flood zones;

(h)

Location of adjoining properties and both the existing zoning designation and use of these properties;

(i)

Names and addresses of adjoining property owners;

(j)

Location of proposed stormwater facilities;

(k)

Generalized depiction or description of natural features on and immediately adjoining the site, including streams and other water bodies, steep slopes, areas covered by tree canopy, etc.; and

(l)

Other information determined by the Planning Administrator as necessary to evaluate the request.

(E)

Staff review and Planning Board input.

1.

Planning Department staff review. Plans for Preliminary Plat/Site Development Plan for Major Subdivisions review shall be reviewed by the Planning Administrator for compliance with the requirements of this Article.

2.

Submittal of plans to Planning Administrator. This review shall be made by the Planning Administrator and by any other agencies or officials set forth in G.S. 160D-803(b) as requested by the Planning Administrator. The Planning Administrator shall review the Preliminary Plat/Site Development Plan for Major Subdivisions for compliance with the applicable requirements of this Ordinance and other applicable Ordinances and laws, to which their respective departmental role applies.

3.

Submittal of plans to Planning Board. This review shall be made by the Planning Board as requested by the Planning Administrator. The Planning Board shall review the Preliminary Plat/Site Development Plan for Major Subdivisions only in accordance with the applicable requirements of this Ordinance.

(F)

Permit validity. Approval of the Preliminary Plat/Site Development Plan for Major Subdivisions authorized by G.S. 160D-403 for developments requiring Site Development Plan review shall run with the land and constitute approval of a site-specific vesting plan in accordance with G.S. 160D-108(d) and be valid for two (2) years from the date of approval unless a greater timeframe is authorized by G.S. 160D-108. The Planning Administrator may grant a single extension of this time period of up to three (3) years upon submittal by the applicant of sufficient justification for the extension. The Final Plat for the Major Subdivision shall be presented for approval prior to the end of the two-year period. Failure to submit construction plans, initiate construction, or otherwise begin the permitted use, within this time shall render the Preliminary Plat/Site Development Plan approval void. Multi-phased development of subdivisions containing 25 acres or more remains vested for a period of seven (7) years from the time a site plan approval is granted as authorized in G.S. 160D-108(f).

(G)

Site Construction Plans.

1.

Site Construction Plan required. A complete and comprehensive set of Site Construction Plans shall be required for all Preliminary Plat/Site Development Plan for Major Subdivisions review requests. This submittal shall contain pertinent information regarding the proposed project listed below and shall be accompanied by the approved Preliminary Plat/Site Development Plan for Major Subdivisions per subsection 7.10-1(D) herein above illustrating any and all deviations from the approved Preliminary Plat/Site Development Plan for Major Subdivisions. The Site Construction Plans shall contain the following:

(a)

Property boundaries with dimensions;

(b)

Location of adjacent streets/roads including existing right-of-way and/or easement(s);

(c)

Location and design of proposed streets including cross-sections in accordance with the Pine Knoll Shores Technical Standards & Specifications Manual, centerline profile(s), and the proposed right-of-way;

(d)

Location of existing and proposed utilities, including easements associated with both;

(e)

A grading plan showing existing and proposed contours demonstrating both positive drainage characteristics and smooth grade transitions to avoid abrupt "v" ditches, swales and other disruptions to the landscape, particularly between dwellings. The use of crawl-space construction techniques in detached residential structures and professional landscape design is required to meet this characteristic of site development;

(f)

Location of existing and proposed stormwater detention, retention, collection, and conveyance facilities, including design calculations;

(g)

Dimensions of existing and proposed impervious surfaces;

(h)

Location of existing structures and either proposed structures or proposed building envelopes;

(i)

Location and number of existing and proposed parking spaces, including loading spaces, maneuvering areas, and fire lane(s);

(j)

Location and size of buffer and landscape areas;

(k)

Location of existing and proposed driveways and/or streets;

(l)

Location of all flood zones;

(m)

Location of adjoining properties and both the current zoning designation and use of these properties;

(n)

Names and addresses of adjoining property owners;

(o)

Number of stories and overall height of all existing and proposed structures;

(p)

Location of existing and proposed dumpster and recycling container area(s) if applicable;

(q)

Generalized depiction or description of natural features on and immediately adjoining the site, including streams and other water bodies, steep slopes, areas covered by tree canopy, etc.; and

(r)

Other information determined by the Planning Administrator as necessary to evaluate the request.

2.

Preparation by professional. Construction Plans for developments requiring Site Development Plan review shall be prepared by a registered landscape architect, architect, engineer, or land surveyor licensed in the State of North Carolina for the work in which the professional is trained and licensed to perform; and shall be prepared in accordance with the standards set forth by the Planning Department and applicable state standards.

(H)

Final Plat. Plats for recording Major Subdivisions shall be prepared by a professional land surveyor in accordance with the standards set forth by the applicable state standards and in accordance with the standards and specifications of this Ordinance. The Final Plat of a Major Subdivision shall be reviewed by the Planning Administrator for compliance with the requirements of this Ordinance and for conformity with the approved Preliminary Plat. Substantial changes from the Preliminary Plat, as determined by the Planning Administrator, shall require an additional review by the Planning Administrator, to ensure compliance. No Final Plat shall be approved by the Planning Administrator until all improvements are installed, fees paid in lieu, or their execution guaranteed as permitted by this Ordinance and all certificates required for final Plats by this Ordinance or approvals by state law have been properly completed and signed. Provided the Final Plat is complete, and no further review is determined to be required, the Planning Administrator shall act on the Final Plat of Major Subdivisions within ten (10) working days of receipt of the Mylar Plat. The Planning Administrator is authorized to approve the Final Plat for recording and to present the Final Plat to the Town Board of Commissioners to grant approval and acceptance of dedications by resolution. Following Final Plat approval, the applicant shall record the Plat for a Major Subdivision in accordance with this subsection.

(I)

Signatures and recordation.

1.

Signatures. Upon approval of a Final Plat for Major Subdivisions, the Plat shall be signed in the appropriate place by the Planning Administrator and by the owner(s). Additionally, approval shall be shown by a Certificate of Approval; Certificate of Review Officer; Certificate of Professional Land Surveyor; and Certificate of Ownership for recording. For Major Subdivisions installing new public infrastructure the following certificates shall also be shown where applicable: Certificate of Dedication; Certificate of Approval for Street and Road Maintenance; Certificate of Streets and Other Public Infrastructure Improvements; and Certificate of Water and Sewer System Approval. The language for these certificates appears at the end of Article 7 of this Ordinance.

2.

Recordation. A Final Plat for Major Subdivisions shall be recorded in the office of the Register of Deeds for Carteret County in compliance with North Carolina General Statutes within 60 days following approval by the Town of Pine Knoll Shores. No Subdivision Plat shall be considered finally approved until the Plat has been recorded. If the Final Plat of all or part of the area shown on an approved Preliminary Plat for a Major Subdivision is not recorded in the office of the register of deeds within two years of the approval by the Town of the Preliminary Plat, the Preliminary Plat shall be resubmitted to the Planning Administrator for consideration following the process set forth in this Article. Final Plats for Subdivisions developed in phases shall be recorded in accordance with the schedule presented by the applicant during the Preliminary Plat approval and approved as part of the Preliminary Plat approval process. If the Final Plat of all or part of the area shown on an approved Preliminary Plat for a Major Subdivision to be developed in phases is not recorded in the office of the register of deeds within the schedule approved by the Town, the Preliminary Plat shall be resubmitted to the Planning Administrator for consideration following the process set forth in this Article. No lots in a Subdivision shall be sold prior to approval by the Planning Administrator and recording of a Plat for the Subdivision.

(A)

Purpose. The Minor Subdivision review process is required for those divisions of land meeting the definition of "Subdivision, Minor" appearing in Article 3 of this Ordinance. Review and approval of the preliminary and Final Plat by the staff permits a speedy review in accordance with G.S. 160D-802(b) while ensuring that the proposed Subdivision meets all requirements established by the Town of Pine Knoll Shores.

(B)

Pre-application conference. It is required that every Subdivision applicant meet with the Planning Administrator prior to the submittal of a Minor Subdivision Plat. The purpose of this conference is to provide clarification and assistance in the preparation and submission of Plats for approval.

(C)

Plat submittal.

(1)

Plat required. Plats for Minor Subdivisions shall be prepared by a professional land surveyor licensed in the State of North Carolina for the work in which the professional is trained and licensed to perform; and shall be prepared in accordance with the standards set forth by the Planning Department and applicable state standards.

(2)

Filing of application. A complete application containing all information as required by the Town of Pine Knoll Shores shall be submitted, along with applicable fees, to the Planning, Zoning & Subdivision Administrator.

(D)

Staff review.

(1)

Planning Department staff review. Plans for development not requiring Site Development Plan review shall be reviewed by the Planning Administrator for compliance with the requirements of this Article.

(E)

Final Plat approval.

(1)

Recordation and signatures.

(a)

Signatures. Upon approval of a Plat for Minor Subdivisions, said Plat shall be signed in the appropriate place by the Planning Administrator and by the owner(s). Additionally, approval shall be shown by a Certificate of Approval, Certificate of Review Officer, Certificate of Professional Land Surveyor, and Certificate of Ownership for recording. The language for these certificates appears at the end of this Article.

(b)

Recordation. A Plat for Minor Subdivisions shall be recorded by the developer of Pine Knoll Shores in the office of the Register of Deeds for Carteret County within 60 days following approval by the Planning, Zoning & Subdivision Administrator. No Plat shall be considered finally approved until the Plat has been recorded. No lots in a Subdivision shall be sold prior to approval by the Planning Administrator and recording of a Plat for the Subdivision.

(F)

Permit validity. Minor Subdivision Plats which have been granted approval shall be recorded as set forth in section 7.10-2(E)(1)(b) above within 60 days following approval or the approval becomes invalid.

Permitting procedures and requirements for Floodplains appear in Article 18 of this Ordinance.

Vested rights and permit choice are inherent rights established by G.S. 160D and applied herein accordingly. Each approval procedure stipulated in this Article establishes criteria in accordance with G.S. 160D-108 and G.S. 160D-108.1 for ensuring due process in the vesting of rights to develop, use and enjoy real property in accordance with applicable standards & specifications.

(A)

Except for notice of zoning action posted on or adjacent to the property, all notices which this Article requires for hearings or public meetings shall identify the date, time and place of the hearing/public meeting and the nature and character of the proposed action. Where the action being taken concerns a particular property or properties, the notice shall also identify the location of the subject property.

(B)

Where specific notice requirements are set forth in the North Carolina General Statutes for a particular type of hearing, the requirements set forth in the North Carolina General Statutes shall be followed. Where these requirements conflict with procedures as stipulated in this subsection or elsewhere in this Article, the requirements contained in the North Carolina General Statutes will control. Evidentiary hearing notices appear in G.S. 160D-406(b) and legislative hearing notices appear in G.S. 160D-602.

The following guidelines detail the notification procedure to be followed for hearings required by this Article unless otherwise set forth in this Article. Failure to follow procedures set forth in this section, other than those required by the North Carolina General Statutes, shall not affect the validity of any action taken at a hearing or public meeting. See G.S. 160D-406 (applicable to quasi-judicial procedures) and G.S. 160D-602 (applicable to legislative actions).

For any evidentiary hearing for special use applications for telecommunication towers as required by Article 10, additional notice and evidentiary hearing requirements shall be provided as set forth in Article 10 of this Ordinance.

(A)

The North Carolina General Statutes authorize the use of Development Agreements for the development of land in accordance with the criteria and procedures established in sections G.S. 160D-1001 through G.S. 160D-1012.

(B)

In addition to any Development Agreement proposed for an eligible project, a Development Agreement, established pursuant to Subsection 7.14-3 of this Ordinance, shall be required as part of all applications for Major Subdivisions in any district where new municipal street infrastructure will be developed.

(A)

The development agreement shall establish the period of time for completion of the development and construction of the project subject to the agreement.

(B)

The development agreement shall establish the property to which the agreement shall apply by metes and bounds description attached to the agreement as "Exhibit A."

(C)

The development agreement shall cite all terms and conditions applicable to the development of the land subject to the agreement including standards and/or specifications that differ from the provisions of this Ordinance.

(D)

The development agreement shall provide that the delivery date of such public facilities will be tied to successful performance by the developer in implementing the proposed development.

Editor's note— Exhibit A is not set out herein. Copies can be viewed at the offices of the town clerk.

(A)

The development agreement shall be drafted in a format as directed by the Planning, Zoning & Subdivision Administrator. The development agreement shall then be presented to the Planning Board for a formal recommendation at a regularly scheduled meeting. Said meeting shall be held prior to notification for a legislative hearing by the Town Board of Commissioners.

(B)

The development agreement and the Planning Board recommendation shall be published for public inspection and notification shall be made in accordance with the provisions of G.S. 160D-601.

(C)

The notice for the legislative hearing must specify the location of the property subject to the development agreement, the development uses proposed on the property, and must specify a place where a copy of the proposed development agreement can be obtained.

(D)

The development agreement shall be presented at a legislative hearing allowing an opportunity for the public to comment on the proposed development agreement. The information presented at the legislative hearing shall be considered by the Town Board of Commissioners in formulating its decision on the approval of an ordinance authorizing approval of said agreement.

(E)

Upon finding that said agreement is in the best interest of the Town of Pine Knoll Shores, the Town Board of Commissioners may by adoption of an ordinance adopting the development agreement and authorizing its execution by the Mayor, approve such agreement to be administered in full force and effect by the Planning, Zoning & Subdivision Administrator.

(F)

The development agreement shall be recorded in the office of the Register of Deeds of Carteret County within fourteen (14) days of execution and prior to the issuance of any development permits authorizing development activities to commence.

(A)

The development agreement shall run with the land obligating the parties to the agreement to any and all stipulations therein and may only be amended in accordance with the laws of North Carolina governing such agreements as stipulated in section 7.14-1 herein.

(B)

The Planning Administrator shall conduct a periodic review at least every 12 months, at which time the developer is required to demonstrate good faith compliance with the terms of the development agreement. If, as a result of a periodic review, the Planning Administrator finds and determines that the developer has committed a material breach of the terms or conditions of the agreement, the Planning Administrator shall serve notice in writing, within a reasonable time after the periodic review, upon the developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the developer a reasonable time in which to cure the material breach.

(C)

If the developer fails to cure the material breach within the time given, then the Town of Pine Knoll Shores may unilaterally terminate or modify the development agreement. In accordance with G.S. 160D-1008(c) the notice of termination or modification may be appealed to the Board of Adjustment in the manner provided by G.S. 160D-405.

(D)

A development agreement adopted pursuant to this Section shall not exempt the property owner or developer from compliance with the State Building Code or State or local housing codes that are not part of this Ordinance.