1. Subdivision. The division of a tract or parcel of land into two (2) or more lots, building sites, or other divisions when any one (1) or more of those divisions is created for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations of this ordinance applicable strictly to subdivisions:
   1. the combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the minimum standards set forth in this ordinance; or
   2. the division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved; or
   3. the public acquisition by purchase of strips of land for widening or opening streets, or for public transportation system corridors; or
   4. the division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the minimum standards set forth in this Ordinance.
   5. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes.
2. Subdivision, Major. Any subdivision other than a minor subdivision.
3. Subdivision, Minor. A subdivision that does not involve any of the following:
   1. the creation of more than a total of twelve (12) lots including the remaining portion of the parent tract;
   2. the creation of any new public streets or right-of-way dedication;
   3. the extension of a public water or sewer system;
   4. the installation of drainage improvements through one (1) or more lots to serve one (1) or more other lots; or
   5. the creation of more than twelve (12) lots created out of one (1) parent tract using the minor subdivision plat approval process within a three (3) year period.
4. Subdivision, Other Exceptions.
   1. The purchase or dedication of strips of land for sidewalks, greenways, water and sewer utilities, access for ingress/egress, parks, and open space; or
   2. The division of land into plots or lots for use as a cemetery; or
   3. If the remaining portion of a parent tract is open space, stormwater facilities, etc., and the remaining portion of the parent tract is in shared ownership with a home/property owner's association, then the remaining portion of the parent tract is not considered a lot. The remaining portion of the parent tract shall not be allowed to be developed as a building lot unless all exceptions are satisfied and in full compliance with the Town's UDO.
      
   4. Proceedings to partition interests in lots or parcels pursuant to Chapter 46 of the North Carolina General Statutes (or any successor statute) resulting in the division of a lot or parcel into two or more lots or parcels except where the partition proceeding is brought to circumvent the provisions of this Ordinance.
      
      Commentary Note: Splitting up land for the settlement of an estate is not considered a subdivision. But for it to be considered the settlement of an estate, the owner has to be deceased. It cannot be a parent deciding to divide the property between the children before death. That's not the settlement of the parent’s estate because the parent is not dead. If a parcel is left in a will to the children as joint owners or as tenants in common, the passing of ownership from the decedent to the children is the settlement of the estate. If the children decide to divide the land between themselves, that is not part of the settlement of the estate.

Amended March 21, 2016, December 7, 2020

1. Development approvals. To the extent consistent with the scope of regulatory authority granted by Chapter 160D, no person shall commence or proceed with development without first securing any required development approval from the Town who 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. The Town 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. 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.
2. Subject to §258 Permit Procedure (Sign Permits), the use made of property may not be substantially changed, substantial clearing, grading, or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to one (1) of the following permits:
   1. A zoning permit issued by the administrator.
   2. A special use permit issued by the board of adjustment
3. Zoning permits, special use permits, and sign permits are issued under this ordinance only when a review of the application submitted, including the plans contained therein, 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 permit issued, and except as otherwise provided in §64, all development shall occur strictly in accordance with such approved plans and applications.
4. Physical improvements to land to be subdivided may not be commenced except in accordance with a conditional zoning by the town board for major subdivisions (see Article XX) or after final plat approval by the planning director for minor subdivisions (see Part II of this article).
5. A zoning permit, special use permit, or sign permit 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), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority.
6. Permit Choice. See Appendix J – Permit Choice and Vested Rights Ordinance

Amended January 21, 2021

1. The Town may, upon completion of work or activity undertaken pursuant to a development approval, make final inspections and issue a certificate of compliance if staff finds that the completed work complies with all applicable State and local laws and with the terms of the permit approval.
2. Issuance of zoning permit authorizes the recipient to commence the activity resulting in a change in use of the land or (subject to obtaining a building permit) to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures or make necessary improvements to a subdivision. However, except as provided in §49, §56 and §57 the intended use may not be commenced, no building may be occupied, and in the case of subdivisions, no lots may be sold until all of the requirements of this ordinance and all additional requirements imposed pursuant to the issuance of a special use permit have been complied with.

Amended January 21, 2021

1. Applications for zoning, special use, or sign permits or minor subdivision plat approval will be accepted only from persons having the legal authority to take action in accordance with the permit or the minor subdivision plat approval. By way of illustration, in general this means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this ordinance, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees).
2. The administrator may require an applicant to submit evidence of his authority to submit the application in accordance with the §44(a) whenever there appears to be a reasonable basis for questioning this authority.
   

Amended January 21, 2021

1. All applications for zoning, special use, or sign permits must be complete before the permit-issuing authority is required to consider the application.
2. Subject to §45(c), an application is complete when it contains all of the information that is 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.
3. In this ordinance, detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, etc.) are set forth in one (1) or more of the appendices to this ordinance. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plan provides sufficient information to allow the permit-issuing authority to evaluate the application in the light of the substantive requirements set forth in this text of this ordinance. However, when this ordinance requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in one (1) or more of these appendices, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the administrator. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided in Article VII.
4. The presumption established by this ordinance is that all of the information set forth in Appendix A is necessary to satisfy the requirements of this section. However, it is recognized that each development is unique, and therefore the permit-issuing authority may allow less information or require more information to be submitted according to the needs of the particular case. For applications submitted to the board of adjustment, the applicant may rely in the first instance on the recommendations of the administrator as to whether more or less information than that set forth in Appendix A should be submitted.
5. 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 classes of 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, or applications for sign permits, the administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.

Amended January 21, 2021

1. 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 planning staff is encouraged.
2. Before submitting an application for any permit, developers are strongly encouraged to consult with the planning staff concerning the application of this ordinance to the proposed development.

Amended June 16, 2014, January 21, 2021

1. Upon receipt of a formal application for a zoning permit, special use permit, or minor plat approval, the administrator shall review the application and confer with the applicant to ensure that he understands the planning staff'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.
2. If the application is for a special use permit, the administrator shall place the application on the agenda of the board of adjustment when the applicant indicates that the application is as complete as he intends to make it. However, as provided in §51, if the administrator believes that the application is incomplete, he shall recommend to the board of adjustment that the application be denied on that basis.
   

Amended January 21, 2021

1. A completed application form for a zoning permit shall be submitted to the administrator by filing a copy of the application with the administrator in the planning department.
2. The administrator shall issue the zoning permit unless he finds, after reviewing the application and consulting with the applicant as provided in §46 that:
   1. The requested permit is not within his jurisdiction according to the Table of Permissible Uses, or
   2. The application is incomplete, or
   3. If completed as proposed in the application, the development will not comply with one (1) or more requirements of this chapter (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 VIII, Non-conforming Situations).
3. If the administrator determines that the development for which a zoning permit is requested will have or may have substantial impact on surrounding properties, he shall: §48(c) Amended 8-21-95
   1. At least 10 days before taking final action on the permit request, send a written notice to those persons who have listed for taxation real property any portion of which is within one hundred (150) feet of the lot that is the subject of the application, informing them that:
      1. An application has been filed for a permit authorizing identified property to be used in a specified way,
      2. All persons wishing to comment on the application should contact the administrator by a certain date, and
      3. Persons wishing to be informed of the outcome of the application should send a written request for such notification to the administrator; and
   2. Shall require the developer to submit a sketch plan of proposed development, drawn approximately to scale (1 inch = 50 feet). The sketch plan shall contain:
      1. The name and address of the developer.
      2. The proposed name and location of the development.
      3. The approximate total acreage of the proposed development.
      4. The tentative street and lot arrangement.
      5. Topographic lines, and
      6. Any other information the administrator and/or the developer believes necessary to obtain the informal opinion of the planning staff as to proposed development's compliance with the requirements of this ordinance.
      The administrator shall meet with the developer as soon as conveniently possible to review the sketch plan.
4. Before submitting an application for any other permit, developers are strongly encouraged to consult with the planning staff concerning the application of this ordinance to the proposed development.

Amended August 21, 1995

1. To assure compliance with 160D-804 and other development regulation requirements, the regulation may provide for performance guarantees to assure successful completion of required improvements.
2. For purposes of this section, all of the following apply with respect to performance guarantees:
   1. The type of performance guarantee shall be at the election of the developer. Type. The term “performance guarantee” means any of the following forms of guarantee:
      1. Surety bond issued by any company authorized to do business in this State.
      2. Letter of credit issued by any financial institution licensed to do business in this State.
      3. Other form of guarantee that provides equivalent security to a surety bond or letter of credit.
   2. Duration. The duration of the performance guarantee shall initially be one (1) 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.
   3. 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 §49(b)(5) and shall include the total cost of all incomplete improvements.
   4. 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.
   5. Amount. The amount of the performance guarantee shall not exceed one hundred twenty-five percent (125%) 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 one hundred percent (100%) 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 twenty-five percent (25%) 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 one hundred twenty-five percent (125%) of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.
   6. 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.
   7. Coverage. The performance guarantee shall only be used for completion of the required improvements and not for repairs or maintenance after completion.
   8. 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:
      1. The Town to whom the performance guarantee is provided.
      2. The developer at whose request or for whose benefit the performance guarantee is given.
      3. The person or entity issuing or providing the performance guarantee at the request of or for the benefit of the developer.
   9. Multiple guarantees. – The developer shall have the option to post one type of a performance guarantee as provided for in §49(b)(1), in lieu of multiple bonds, letters of credit, or other equivalent security, for all development matters related to the same project requiring performance guarantees.
   10. Exclusion. – Performance guarantees associated with erosion control and stormwater control measures are not subject to the provisions of this section.
3. The administrator may accept performance guarantees to authorize the commencement of the intended use, occupancy of buildings, or sale of subdivision lots if the developer provides a performance guarantee to the administrator to ensure that all of the requirements of this development regulation will be fulfilled within a specified time.
4. Performance guarantee request for development projects that require board approval (special use permit, conditional zoning, etc.) shall be shared with the board during the board approval processes (see §57).
   1. New performance guarantee request is not considered a minor modification and require a new board application.
   2. When a board imposes additional requirements upon the developer in accordance with §55 or when the developer proposes in the plans submitted to install amenities beyond those required by this ordinance, the board may authorize the developer to commence the intended use of the property or to occupy any building or to sell any subdivision lots before the additional requirements are fulfilled or the amenities installed if it specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured by a performance guarantee.
5. This Section shall not preclude the requirements of the Vested Rights Ordinance as adopted by the Town Board in 1991.

Amended January 21, 2021

1. An application for a special use permit shall be submitted to the board of adjustment by filing a copy of the application with the administrator in the planning department. Applications for the next regularly scheduled Board of Adjustment meeting must be submitted to the administrator no later than twenty (20) working days prior to the Board of Adjustment’s regular meeting. Application submitted after the deadline shall be heard the month following the next regular meeting.
2. Subject to §50(d), the board of adjustment, shall issue the requested permit unless it concludes, based upon the information submitted at the hearing, that:
   1. The requested permit is not within its jurisdiction according to the Table of permissible uses, or
   2. The application is incomplete, or
   3. If completed as proposed in the application, the development will not comply with one (1) or more requirements of this chapter (not including those the applicant is not required to comply with under the circumstances specified in Article VII, Non-conforming Situations)
3. Even if the board of adjustment finds that the application complies with all other provisions of this chapter, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not:
   1. Will materially endanger the public health or safety, or
   2. Will substantially injure the value of adjoining or abutting property, or
   3. Will not be in harmony with the area in which it is to be located, or
   4. Will not be in general conformity with the land-use plan, thoroughfare plan, or other plan officially adopted by the town board.
4. Once a completed application has been submitted, the burden of presenting evidence to the board of adjustment sufficient to lead it to conclude that the application should be denied for any reasons stated in §50(d) shall be upon the party or parties urging this position, unless the information presented by the applicant in his application and at the public hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application.
5. 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 reasons set forth in §50(d) rests on the party or parties urging that the requested permit should be denied.

Amended October 2, 2000, March 15, 2010, February 15, 2016, January 21, 2021

1. When presented to the board of adjustment at the hearing, the application for a special-use permit shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with §45 (Application to Be Complete) and the other requirements of this ordinance, as well as any staff recommendations for additional requirements to be imposed by the board of adjustment.
2. If the staff proposes a finding or conclusion that the application fails to comply with §45 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.

Amended October 2, 2000, March 18, 2013, January 21, 2021

Amended January 21, 2021

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

1. The board shall consider whether the application is complete. If the board concludes the application is incomplete and the applicant refuses to provide the necessary information, the application shall be denied. A motion to this effect shall specify either the particular type of information lacking or the particular requirement with respect to which the application is incomplete. A motion to this effect, concurred in by the majority of the members of the board, shall constitute the board's finding on this issue.
2. The board shall consider whether the application complies with all of the applicable requirements of this ordinance. If a motion to this effect passes by majority vote, the board need not make further findings concerning such requirements. If such a motion fails to receive the necessary majority vote or is not made, then a motion shall be made that the applicant be found not in compliance with one (1) or more requirements of this ordinance. Such a motion shall specify the particular requirements the application fails to meet. A separate vote may be taken with respect to each requirement not met by the application, and the majority vote of the board membership (excluding vacant seats) in favor of such a motion shall be sufficient to constitute such motion a finding of the board. It shall be conclusively presumed that the application complies with all requirements not found by the board to be unsatisfied through this process. As provided in §50(c)(2), if the board concludes that the application fails to meet one (1) or more of the requirements of this ordinance, the application shall be denied.
3. If the board concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one (1) or more of the reasons set forth in §50. Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion.

Amended January 21, 2021

1. Subject to §55(b), in granting a special use permit, the board of adjustment may attach to the permit such reasonable requirements in addition to those specified in this ordinance as will ensure that the development in its proposed location:
   1. Will not endanger the public health or safety,
   2. Will not injure the value of adjoining or abutting property.
   3. Will be in harmony with the area in which it is located, and
   4. Will be in conformity with the land-use plan, thoroughfare plan, or other plan officially adopted by the town board.
2. The board of adjustment 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.
3. Without limiting the foregoing, the board of adjustment may attach to a permit a condition limiting the permit a specified duration.
4. All additional conditions or requirements shall be entered on the permit.
5. 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.
6. A vote may be taken on application conditions or requirements before consideration of whether the permit should be denied for any reasons set forth in §50.
7. Reasonable and appropriate conditions and safeguards may be imposed upon these permits.
8. Where appropriate, such conditions 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.
9. Conditions and safeguards imposed under this subsection 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 Town, 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.

Amended October 2, 2000, January 21, 2021

Amended October 2, 2000, January 21, 2021

1. If a development is constructed in phases or stages in accordance with this section, then, subject to §57(c), the provisions of §43 (No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled) and §56 (exceptions to §43) shall apply to each phase as if it were the entire development.
2. As a prerequisite to taking advantage of the provisions of §57(a), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this ordinance that will be satisfied with respect to each phase or stage.
3. If a development that is to be built in phases or stages includes 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, as part of his application for development approval, the developer shall submit a proposed schedule or completion of such improvements. The schedule shall relate completion of such improvements to completion of one (1) or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit, provided that:
   1. If the improvement is one (1) required by this ordinance then the developer may utilize the provisions of §56(a) or §56(c),
   2. If the improvement is an amenity, not required by this ordinance, or is provided in response to a condition imposed by the board, then the developer may utilize the provisions of §56(b). Sidewalks shall be excluded from this provision.

Amended October 2, 2000, June 16, 2014

1. Duration of development approval.
   1. Unless a different period is specified by Chapter 160D or other specific applicable law, including a development agreement, a development approval issued pursuant to Chapter 160D expires one (1) year after the date of issuance if the work authorized by the development approval has not been substantially commenced.
   2. The use authorized by such permits has not been substantially commenced:
      1. In circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or
      2. Less than ten (10) percent of the total cost of the project has been incurred, including but not limited to, all land cost, planning, surveying, engineering, construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed.
   3. Local development regulations may provide for development approvals of shorter duration for temporary land uses, special events, temporary signs, and similar development.
   4. Nothing in §58 limits any vested rights secured by G.S. 160D-108 or 160D-108.1.
2. If, after some physical alteration to land or structures begins to take place following the 24 month vested period (See Appendix J-1(d), and such work is discontinued for a period of one (1) year, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of §59. No work authorized by any development approval that has expired shall thereafter be performed until a new permit has been secured.
3. For purposes of this section,
   1. the permit within the jurisdiction of the board of adjustment is issued when the board votes to approve the application and issue the permit.
   2. a permit within the jurisdiction of the zoning administrator is issued when a copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is emailed, hand delivered or mailed to the permit applicant.
4. Revocation of Development Approvals. See §105.

Amended October 2, 2000, March 15, 2010, January 21, 2021

1. Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to Chapter 160D attach to and run with the land. Zoning permit, special use permit, and sign permits authorize the permittee 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 thereof covered under a permit continues to be used for the purposes for which the permit was granted, then:
   1. 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, and
   2. The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice (as provided in §59(b) of the existence of the permit at the time they acquired their interest.
2. Any valid "conditional use permit" issued prior to January 1, 2021, shall be deemed a "special use permit" consistent with the provisions of S.L. 2009-111.

Amended January 21, 2021

1. Minor modifications in permits (special use, zoning, etc.) that do not involve a change in uses permitted or the density of overall development permitted may be reviewed and approved administratively. For purposes of this section, minor modifications are those that have no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. Discernible is defined as: recognized; understood; noticeable; evident; or observable. A minor modification may include but is not limited to:
   1. A deviation of up to ten (10) percent of the approved:
      1. building location, dimensions, or height;
      2. number of buildings;
      3. setback from boundary lines;
      4. impervious coverage;
      5. landscaping screen;
      6. fence location;
      7. shade tree;
      8. number of trees to be removed;
      9. recreational facilities;
      10. open space;
      11. fee in lieu;
      12. traffic lane dimensions
      13. location of street placement;
      14. access location(s); and/or
      15. lot area and dimensions
   2. A deviation of up to twenty (20) percent of the approved building area; and/or
   3. A deviation of up to twenty-five (25) percent in the number of parking spaces approved.
2. Any other modification (major modification) or revocation of a permit shall follow the same process for approval as is applicable to the approval of a permit. If such requests are required to be acted upon by the board of adjustment, new conditions may be imposed in accordance with §55, 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. A major modification shall include but is not limited to:
   1. Change in uses permitted;
   2. Change in the density of overall development;
   3. Change in approved conditions;
   4. Require a variance;
   5. Change the new impervious surface area to exceed seven (7) percent;
   6. Change the area of disturbance to exceed one (1) acre;
   7. Change plans to include a bridge; and/or
   8. Change plans to include public water, sewer, or streets
3. The administrator shall determine whether amendments are minor modifications. After a development approval has been issued, no deviations from the terms of the application or the development approval shall be made until written approval of proposed changes or deviations has been obtained.
4. A developer requesting approval of changes shall submit a written request for such approval to the administrator, and that request shall identify the changes. Approval of all changes must be given in writing.
5. If multiple parcels of land are subject to a special use permit, the owners of individual parcels may apply for modification of the approval or conditions so long as the modification would not result in other properties failing to meet the terms of the special use permit, regulations, or conditions.
6. Any modifications approved apply only to those properties whose owners apply or petition for the modification.

Amended January 21, 2021

1. Whenever the board of adjustment disapproves an application for a special use permit or 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 (see §106). However, such a request does not extend the period within which an appeal must be taken.
2. Notwithstanding §61(a), 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.

Amended January 21, 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.

The recipient of any zoning, special use, or sign permit, or his successor, shall be responsible for maintaining all common areas, improvements, sidewalks, curb ramps and landing, 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, and without limiting the generality of the foregoing, 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.

Amended June 16, 2014, January 21, 2021

1. Major subdivisions are subject to a two-step approval process. Physical improvements to the land to be subdivided (preliminary plat) are authorized by a conditional zoning as provided in Article XX of this ordinance, and sale of lots is permitted after final plat approval as provided in §67.
2. Minor subdivisions only require a one-step approval process; final plat approval (in accordance with §66), unless a perpetual easement or private drive is proposed. If an easement or drive is proposed, then subdivision construction plan approval is also required.
3. Only a plat for recordation for the division of a tract or parcel of land in single ownership is required if all of the following criteria are met:
   1. The tract or parcel to be divided is not exempted under 160D-802(a)(2) [The division of land into parcels greater than 10 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 (10) years prior to division.
   3. The entire area of the tract or parcel to be divided is greater than five (5) acres.
   4. After division, no more than three (3) lots result from the division.
   5. After division, all resultant lots comply with all of the following:
      1. Any lot dimension size requirements of the applicable land-use regulations, if any.
      2. The use of the lots is in conformity with the applicable zoning requirements, if any.
      3. A permanent means of ingress and egress is recorded for each lot.

Amended July 20, 2015, January 21, 2021

1. 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 §68 or §69 and recorded at the Chatham County Register of Deeds.
2. The Chatham 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. 27
3. Any person who, being the owner or agent of the owner of any land located within the planning and development regulation jurisdiction of the Town, thereafter subdivides the land in violation of the regulation or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the subdivision regulation and recorded in the office of the register of deeds, is guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from this penalty. The Town may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the subdivision regulation. Building permits required pursuant to G.S. 160D-1110 may be denied for lots that have been illegally subdivided. In addition to other remedies, the Town may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct.
4. The provisions of this section do not prohibit any owner or its agent from entering into contracts to sell or lease by reference to an approved preliminary plat for which a final plat has not yet been properly approved under the subdivision regulation or recorded with the register of deeds, provided the contract does all of the following:
   1. Incorporates as an attachment a copy of the preliminary plat referenced in the contract and obligates the owner to deliver to the buyer a copy of the recorded plat prior to closing and conveyance.
   2. Plainly and conspicuously notifies the prospective buyer or lessee that a final subdivision plat has not been approved or recorded at the time of the contract, that no governmental body will incur any obligation to the prospective buyer or lessee with respect to the approval of the final subdivision plat, that changes between the preliminary and final plats are possible, and that the contract or lease may be terminated without breach by the buyer or lessee if the final recorded plat differs in any material respect from the preliminary plat.
   3. Provides that if the approved and recorded final plat does not differ in any material respect from the plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than five days after the delivery of a copy of the final recorded plat.
   4. Provides that if the approved and recorded final plat differs in any material respect from the preliminary plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than 15 days after the delivery of the final recorded plat, during which 15-day period the buyer or lessee may terminate the contract without breach or any further obligation and may receive a refund of all earnest money or prepaid purchase price.
5. The provisions of this section do not prohibit any owner or its agent from entering into contracts to sell or lease land by reference to an approved preliminary plat for which a final plat has not been properly approved under the subdivision regulation or recorded with the register of deeds where the buyer or lessee is any person who has contracted to acquire or lease the land for the purpose of engaging in the business of construction of residential, commercial, or industrial buildings on the land, or for the purpose of resale or lease of the land to persons engaged in that kind of business, provided that no conveyance of that land may occur and no contract to G.S. 160D-807 Page 2 lease it may become effective until after the final plat has been properly approved under the subdivision regulation and recorded with the register of deeds.

Amended January 21, 2021

1. The planning director shall approve or disapprove minor subdivision final plats in accordance with the provisions of this section.
2. The applicant for minor subdivision plat approval, before complying with §66(c), shall submit a preliminary plan to the planning director for a determination of whether the approval process authorized by this section can be and should be utilized. The planning director may require the applicant to submit whatever information is necessary to make this determination, including, but not limited to, a copy of the tax map showing the land being subdivided and all lots previously subdivided from that tract of land within the previous five (5) years.
3. Applicants for minor subdivision approval shall submit to the planning director one (1) print and one (1) digital copy of a plat conforming to the requirements set forth in §68(b) and §68(c), except that a minor subdivision plat shall contain the following certificates in lieu of those required in §68:
   1. Certificate of Approval for Minor Subdivision
      
      I hereby certify that the minor subdivision shown on this plat does not involve the creation of new public streets or any change in existing public streets, that the subdivision shown is in all respects in compliance with Article IV (Plats) and XIV (Streets) of the Unified Development Ordinance, and that this plat has been approved by the Town of Siler City Planning and Community Development Director, subject to its being recorded in the Chatham County Register of Deeds within sixty (60) day of the date below.
      
      _____________________________
      Date
      _____________________________
      Planning Director
   2. Certificate of Ownership
      
      I hereby certify that I am the owner of the property described hereon, and that I freely adopt this plan of subdivision.
      
      _____________________________
      Date
      _____________________________
      Owner/Agent
   3. A certificate of survey and accuracy, in the form stated in §68(c) (Protection Against Defects).
   4. Certification of Private Roads Minor Subdivision/Extraterritorial Jurisdiction
      
      I hereby certify that the road shown on this plat is a private road and the Town of Siler City assumes no responsibility for maintenance. As a subdivide, I agree to disclose to lot purchasers a statement outlining maintenance responsibilities for this road that will satisfy the Town’s emergency access requirement.
      
      _____________________________
      Date
      _____________________________
      Owner/Agent
   5. Public Works & Utilities Director Certificate
      
      I hereby approve that the subdivision shown on this plat is in all respects in compliance with Article XV (Utilities) of the Unified Development Ordinance and Chapter 27 (Utilities) of the Code of Ordinances.
      
      _____________________________
      Date
      _____________________________
      Public Works & Utilities Director
4. The planning director shall take expeditious action on an application for minor subdivision plat approval as provided in §62. However, either the planning director or the applicant may at any time refer the application to the major subdivision approval process.
5. Subject to §66(d), the planning director shall approve the proposed subdivision unless the subdivision is not a minor subdivision as defined in §41 of the application or the proposed subdivision fails to comply with §66(e) or any other applicable requirement of this ordinance.
6. If the subdivision is disapproved, the planning director shall promptly furnish the applicant with a written statement of the reasons for disapproval.
7. Approval of any plat is contingent upon the plat being recorded within sixty (60) days after the date the Certificate of Approval is signed by the planning director or his designee.
8. Plats which are considered neither minor subdivisions nor major subdivisions shall also be reviewed by the Planning Director and shall contain the following certification:
   
   Certificate of Plat Being Exempt From the Subdivision Regulations
   
   I hereby certify that the subdivision plat shown hereon is exempt from the Town of Siler City Subdivision regulations by definition. The subject lot(s) do not meet the requirements of the Town Zoning Ordinance. The plat has been approved for recording in the Office of the Chatham County Register of Deeds.
   
   _____________________________
   Date
   _____________________________
   Planning Director

Amended December 7, 2020

1. The applicant for major subdivision plat approval shall submit to the administrator a final plat, drawn in waterproof ink on a sheet made of material that will be acceptable to the Chatham County Register of Deed's Office for recording purposes. When more than one (1) 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 at one (1) inch equal not more than one hundred (100) feet. The applicant shall also submit one (1) print and one (1) digital copy of the plat.
2. In addition to the appropriate endorsements, as provided in §69, the final plat shall contain the following information:
   1. The name of the subdivision, which name shall not duplicate the name of any existing subdivision as recorded in the Chatham County Register of Deeds.
   2. The name of the subdivision owner or owners,
   3. The township, county, and state where the subdivision is located,
   4. The name of the surveyor and his registration number and the date of survey,
   5. The scale according to which the plat is drawn in feet per inch or scale ratio in words or figures and bar graph, and
   6. All of the additional information required by G.S. 47-30.
3. Every plat shall contain the following information:
   1. An accurately positioned north arrow coordinated with any bearings shown on the plat. Indication shall be made as to whether the north index is true, magnetic, North Carolina grid, or is referenced to old deed or plat bearings. If the north index is magnetic or referenced to old deed or plat bearings, the date and the source (if known) such index was originally determined shall be clearly indicated.
   2. The azimuth or courses and distances as surveyed of every line shall be shown. Distances shall be in feet or meters and decimals thereof. The number of decimal places shall be appropriate to the class of survey required.
   3. All plat lines shall be by horizontal (level) measurements. All information shown on the plat shall be correctly plotted to the scale shown. Enlargement of portions of a plat are acceptable in the interest of clarity, where shown as inserts on the same sheet. Where the North Carolina grid is used the grid factor shall be shown on the face of the plat and a designation as to whether horizontal ground distances or grid distances were used.
   4. Where a boundary is formed by a curved line, the following data must be given: actual survey data from the point of curvature to the point of tangency shall be shown as standard curve data, or as a traverse of bearings and distances around the curve. If standard curve data is used the bearing and distance of the long chord (from point of curvature to point of tangency) must be shown on the face of the plat.
   5. Where a subdivision of land is set out on the plat, all streets and lots shall be carefully plotted with dimension lines indicating widths and all other information pertinent to reestablishing all lines in the field. This shall include bearings and distances sufficient to form a continuous closure of the entire perimeter.
   6. Where control corners have been established in compliance with G.S. 39-32.1, 39-32.2, 39-32.3, and 39-32.4, as amended, the location and pertinent information as required in the reference statue shall be plotted on the plat. All other corners which are marked by monument or natural object shall be so identified on all plats, and all corners of adjacent owners in the boundary lines of the subject tract which are marked by monument or natural object must be shown with a distance from one (1) or more of the subject tract's corners.
   7. The names of adjacent landowners along with lot, block or parcel identifier and subdivision designations or other legal reference where applicable, shall be shown where they could be determined by the surveyor.
   8. All visible and apparent rights-of-way, watercourses, utilities, roadways, and other such improvements shall be accurately located where crossing or forming any boundary line of the property shown.
   9. Where a plat is the result of a survey, one (1) or more corners shall, by a system of azimuths or courses and distances, be accurately tied to and coordinated with a monument of some United States or State Agency survey system, such as the National Geodetic Survey (formerly US Coast and Geodetic Survey) system, where such monument is within 2,000 feet of said corner. Where the North Carolina Grid System coordinates of said monument are on file in the North Carolina Department of Natural Resources and Community Development, the coordinates of the referenced corner shall be computed and shown in X (easting) and Y (northing) ordinates on the map. In the absence of Grid Control, other appropriate natural monuments or landmarks shall be used.
   10. A vicinity map shall appear on the face of the plat.
4. The planning director and public works director shall approve the proposed plat unless it is found that the plat or the proposed subdivision fails to comply with one (1) or more of the requirements of this ordinance or that the final plat differs substantially from the plans and specifications approved in conjunction with the conditional zoning that authorized the development of the subdivision.
5. If the final plat is disapproved by the planning director, the applicant shall be furnished with a written statement of the reasons for the disapproval.
6. Approval of a final plat is contingent upon the plat being recorded within sixty (60) days after the approval certificate is signed by the planning director or his designee.

Amended January 21, 2021

All major subdivision plats shall contain the endorsements listed §68(a), §68(b), and §68(c) herein. The endorsements listed in §68(d) shall appear on plats of all major subdivisions located outside the corporate limits of the town but within the planning jurisdiction.

1. Certificate of Approval for Major Subdivision
   
   I hereby certify that all streets shown on this plat are within the Town of Siler City's planning jurisdiction, all streets and other improvements shown on this plat have been installed or completed or that their installation or completion 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 Article IV (Plats) and XIV (Streets) of the Unified Development Ordinance, and therefore this plat has been approved by the Town of Siler City Planning Director subject to its being recorded in the Chatham County Register of Deeds within sixty (60) days of the date below.
   
   ______________________________________
   Date
   ______________________________________
   Planning & Community Development Director
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 Siler City, that I hereby freely adopt this plan of subdivision and dedicate to public use all areas shown on this plat as streets, alleys, walks, sidewalks, curb ramps and landings, 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 his 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 Siler City Board of Commissioners in the public interest. _____________________________ Date _____________________________ Owner
3. Certificate of Survey and Accuracy I hereby certify that this map (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision( (a deed description recorded in Book ___, Page ___ of the Chatham County Registry) (other); that the error of closure as calculated by latitudes and departures is 1: ____; that the boundaries not surveyed are shown as broken lines plotted from information found in Book ___, Page ___, and that this map was prepared in accordance with [statutory citation]. Witness my original signature, registration number and seal this _____ day of ___________, 20__. Seal/Stamp _______________________ (Notarized) ________________________
   Registered Land Surveyor Registration Number
4. Division of Highways District Engineer Certificate I hereby certify that the public streets shown on this plat have been completed, or that a performance guarantee has been posted to guarantee their completion, in accordance with at least the minimum specifications and standards of the State Department of Transportation for acceptance of subdivision streets on the state highway system for maintenance. ______________________________ Date ______________________________
   District Engineer
5. Public Works Director Certificate I hereby approve that the subdivision shown on this plat is in all respects in compliance with Article XV (Utilities) of the Unified Development Ordinance and Chapter 27 (Utilities) of the Code of Ordinances. ______________________________ Date ______________________________
   Public Works & Utilities Director

Amended June 16, 2014, January 21, 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 board or by actually exercising control over and maintaining such facilities.

1. When pursuant to §57 occupancy, use or sale is allowed before the completion of all facilities or improvements intended for dedication, then the performance bond or the surety that is posted pursuant to §57 shall guarantee that any defects in such improvements or facilities that appear within one (1) year after the dedication of such facilities or improvements is accepted shall be corrected by the developer.
2. Whenever all public facilities or improvements intended for dedication are installed before occupancy, use, or sale is authorized, then the developer shall post a performance bond or other sufficient surety to guarantee that he will correct all defects in such facilities or improvements that occur within one (1) year after the offer of dedication of such facilities or improvements is accepted.
3. 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. This certification shall be a condition precedent to acceptance by the town of the offer of dedication of such facilities or improvements.
4. For purposes of this section, the term "defects" refers to any condition in publicly dedicated facilities or improvements that requires the town to make repairs in such facilities over and above the normal amount of maintenance that they would require. If such defects appear, the guaranty may be enforced regardless of whether the facilities or improvements were constructed in accordance with the requirements of this ordinance.
   

As provided in §63, 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.