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

The development review process applies to all development actions within the planning jurisdiction except for existing individual lots for single-family detached residential and two-family residential (duplex) development. The provisions of this Article shall be applicable for all Minor and Major Subdivisions, Site Plans, and Construction Plans, except as provided in Section 5.2.

The UDO Administrator may waive the required development review process when he determines that the submission of a development plan in accordance with this article would serve no useful purpose. The UDO Administrator may grant such a waiver only in the following cases:

Zoning compliance must be verified by the UDO Administrator. If the zoning is in compliance, the applicant may proceed with submittal of site plan, plats, or drawings. If the proposed development is not zoning compliant, the applicant must request a rezoning (see Section 4.6) or a variance(s) (see Section 4.10.2) before proceeding with site plan, plat, or construction drawing submittal.

Administrative approval includes the following:

• Site Plans.

• Minor Subdivisions. A subdivision that does not involve any of the following: (i) the creation of more than a total of three (3) lots; (ii) the creation of any new public streets; (iii) the extension of a public water or sewer system; or (iv) the installation of drainage improvements through one (1) or more lots to serve one (1) or more other lots.

• Major Subdivision Final plats.

• Construction and As-Built Drawings.

Any enlargement of a principal building by less than twenty (20) percent of its existing size provided such enlargement is less than seven thousand (7,000) square feet and will not result in required parking or landscaping improvements.

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

The recommended pre-application meeting is a non-binding and informal review of a development proposal intended to provide information to the applicant on the procedures and policies of the Town of Smithfield and does not confer upon the applicant any development rights. The sketch plan is only a courtesy intended to inform the applicant of the approval criteria prior to submittal of the development plan; furthermore, sketch plan review does not constitute approval of the development plan and may not be substituted for any required approvals.

The applicant may schedule a pre-application meeting with the UDO Administrator to review a sketch plan of the proposed development, including minor and major subdivisions and site plans. The sketch plan shall meet the requirements of Section 5.4.4. The UDO Administrator will advise the applicant of all applicable town regulations and policies, may suggest development alternatives, and will discuss application procedures and fees (see Section 2.7). The UDO Administrator may submit the sketch plan to other departments or agencies, as appropriate, for input and recommendations. Within fifteen (15) days of receipt of the sketch plan, the UDO Administrator shall forward all appropriate comments to the applicant. This timeframe may be extended if comments are requested from other agencies.

The applicant is encouraged to incorporate the recommendations of the UDO Administrator or authorized staff reviewer into the development plan before submittal.

To ensure an appropriate level or review, applicants are encouraged to submit as much information as possible. At a minimum, three (3) copies of the sketch plan, drawn to scale, should be submitted, including the following:

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

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

5.4.4.3. Major topographical and physical features including water bodies, creeks, wetlands, buildings, streets, and the like.

5.4.4.4. Proposed streets, rights-of-way, buildings, and/or lot arrangements, including proposed lot sizes, common areas, and the buffers required by Article 10, Part II.

5.4.4.5. Existing and proposed land use, drawn to scale, with brief project description including proposed structures, building setbacks, building sizes, unit sizes, lot sizes, open space, amenities, the amount of impervious surfaces in square feet and the percentage of impervious surface of the entire development and the like.

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

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

5.4.4.8. Zoning district classification of site and surrounding properties, including zoning of properties located across adjacent streets.

5.4.4.9. The boundaries of any proposed phasing.

5.4.4.10. Sites, if any, for schools, parks, churches, and playgrounds.

5.4.4.11. Acreage in public uses.

5.4.4.12. Approximate number of lots.

5.4.4.13. Sketch vicinity map showing the relation of the proposed site to existing uses of the land.

A site plan of the proposed development shall be submitted in accordance with Section 5.6. Plats of the proposed development shall be submitted in accordance with Section 10.100. Construction drawings of the proposed development shall be submitted in accordance with Section 5.8. All applications shall be accompanied by the completed application and payment of a fee as adopted by the Town Council (see Section 2.7).

• Refer to Section 5.5.5 for Minor Subdivisions.

• Refer to Section 5.7 for Major Subdivision Final Plat. Refer to Section 5.7.3 for the Major Subdivision Approval Flowchart.

• Refer to Section 5.8 for Construction Drawing Review Requirements.

The UDO Administrator may circulate the plan or plat to relevant governmental agencies and officials. The reviewing government agencies and officials may include, but not necessarily be limited to, the following:

• UDO Administrator

• Town Manager

• Police Department

• Fire Department

• Building Inspections Department

• Recreation Department

• Town Engineer

• Town Attorney

• Other town reviewers designated by the Town Manager

• Utilities Providers

• Johnston County Health Department

• Johnston County Board of Education

• Upper Coastal Plain Rural Planning Organization

• NC Department of Transportation

• NC Department of Environment and Natural Resources

• US Army Corps of Engineers

All required local, state, and/or federal permits must be obtained prior to the approval of the site plan, construction plan, minor subdivision, or major subdivision final plat.

5.5.5.1. The developer may submit a sketch development plan, as specified in Section 5.4, to the UDO Administrator. At this stage, the UDO Administrator and the developer shall informally review the proposal.

5.5.5.2. After this initial review has been completed, the subdivider or his authorized representative shall prepare a final plat as specified in Section 10.99 and submit it to the UDO Administrator. At the time of submission, the subdivider shall pay to the town an application fee as established by the Town Council in accordance with Section 2.7. Refer to Section 10.98Section 10.100 for plat requirements.

5.5.5.3. The UDO Administrator shall approve or disapprove the minor subdivision final plat, as provided in Section 5.5.

For Major Subdivision Final Plats, the UDO Administrator shall review the Final Plat for substantial conformance (Section 4.11.15) with the Preliminary Plat, conditions of approval, and phasing plan if applicable (Refer to Section 5.7). The UDO Administer shall review to ensure the following have been complied with:

• Public dedications shall be accepted by the Town Council by resolution (Section 10.116).

• All utility system develop fees, stormwater management fees, and other fees have been paid, as applicable.

• As-built drawings submitted and approved if applicable.

• Subdivision Street Disclosure Statement provided if applicable (Section 10.110.4).

• Property Owners Association Covenants have been reviewed and approved by the Town Attorney, and recorded, if applicable (Refer to Section 5.7.8.9).

• Stormwater Inspection and Maintenance Agreement recorded, if applicable.

If the UDO Administrator finds the site plan, construction plan, minor subdivision, or major subdivision final plat is found to meet all of the applicable regulations of this ordinance, then the UDO Administrator shall approve the site plan, or construction plans, or shall sign the minor subdivision or major subdivision final plat for recording and subsequently issue a certificate of zoning compliance for site plans or construction plans that that are in compliance with UDO requirements.

Administrative denial of an application for approval of a site plan, construction drawings, as-built drawings, or minor subdivision or major subdivision final plat may be appealed by the applicant to the Board of Adjustment within thirty (30) days following written notification of denial by the UDO Administrator.

5.5.9.1. No building or other structure shall be erected, moved, added to, demolished, or structurally altered without a building permit issued by the Building Inspector and a zoning permit issued by the UDO Administrator. No building permit shall be issued by the Building Inspector except in conformity with the provisions of the NC State Building Code and this ordinance, unless he or she receives a written order from the Board of Adjustment in the form of a variance to this ordinance as provided for by this ordinance.

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

5.5.10.1. No land shall be used or occupied and no building hereafter constructed, structurally altered, erected, or moved or its use changed until a certificate of zoning compliance (zoning permit) has been issued by the UDO Administrator, or his designee stating that the building or the proposed use thereof complies with the provisions of this ordinance.

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

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

A certificate of occupancy shall be applied for subsequent to or concurrent with the application for a certificate of zoning compliance, and shall be issued within five (5) business days after the erection or structural alteration of such building or part shall have been completed in conformance with the provisions of this ordinance. A temporary certificate of occupancy for a portion of a structure may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building or for other temporary uses. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this ordinance. If the certificate of occupancy is denied, the Building Inspector shall state in writing the reasons for refusal and the applicant shall be notified of the refusal.

For all developments, excluding single-family residential uses, prior to the issuance of a certificate of occupancy by the Building Inspector, a final zoning inspection shall be conducted to ensure that the approved plan has been followed and all required improvements have been installed to town standards.

The Town Council must have accepted the offer of dedication for all publicly dedicated improvements, including roadways, contingent upon the recordation of the final plat or provision of performance guarantees as specified in Section 5.7.8.10.

For Site Plans and Minor Subdivision Final Plats, an as-built survey and as-built construction drawings shall be submitted to the UDO Administrator by the developer upon completion of the building foundation(s), to ensure that setbacks and building orientation match the approved site plan. If the survey shows that the placement of the building is incorrect, then the UDO Administrator shall issue a stop-work order and all construction shall be halted until the problem is remedied (see Section 1.8).

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

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

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

5.6.1.3. Parcel Identification Numbers (PIN) for site and adjacent properties.

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

5.6.1.5. Location of all existing and proposed structures, including their outside dimensions and elevations, streets, entrances, and exits on the site, on contiguous property, and on property directly across the street.

5.6.1.6. Building setbacks, landscape and buffer yard distances.

5.6.1.7. Location of watercourses, ponds, flood zones, water supply watershed areas, and riparian buffers.

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

5.6.1.9. Topography showing existing and proposed contours at no greater than ten (10) foot intervals. All reference benchmarks shall be clearly designated.

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

5.6.1.11. Lot line dimensions and property lines of the tract to be developed (with dimensions identified), adjacent property lines (including corporate limits, town boundaries, and county lines).

5.6.1.12. Parking, loading, and unloading areas shall be indicated with dimensions, traffic patterns, access aisles, and curb radii per the requirements of Article 10, Part I.

5.6.1.13. Types of surfaces for drives, sidewalks, and parking areas.

5.6.1.14. Location and design of existing and proposed sanitary waste disposal systems, water mains and appurtenances (including fire hydrants) on or adjacent to the parcel.

5.6.1.15. Other utility lines both under- and above-ground, including electric power, telephone, gas, cable television.

5.6.1.16. Location of all US Clean Water Act Section 404 wetland areas, located of detention/retention ponds (Best Management Practices), riparian buffers and impervious surface areas with area dimensions, and ratios of impervious surface to the total size of the lot.

5.6.1.17. The location of all common areas.

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

5.6.1.19. Landscaping and buffering plan showing what will remain and what will be planted, indicating names of plants, trees, and dimensions, approximate time of planting, and maintenance plans per the requirements of Article 10, Part II. The plan shall include the tree line of wooded areas and individual trees eight (8) inches in diameter or more, identified by common or scientific name.

5.6.1.20. Proposed site lighting.

5.6.1.21. Location, dimensions, and details of signs per the requirements of Article 10, Part III.

5.6.1.22. The method of refuse disposal and storage and the location of dumpsters and screening as required by Article 10, Part II.

5.6.1.23. North arrow or compass rose.

5.6.1.24. Building elevations, except for single- and two-family homes and townhouses designed under the NC Residential Building Code.

An application for a certificate of zoning compliance may be requested in advance of or concurrently with an application for a building permit in accordance with Section 5.5.7.

No new building, or part thereof, shall be occupied; no addition or enlargement of any existing building shall be occupied; no existing building after being altered or moved shall be occupied; and no change of use shall be made in any existing building or part thereof, until the Building Inspector has issued a certificate of occupancy as provided in Section 5.5.9.

Major subdivision preliminary plats are required for all subdivisions not meeting the requirements for a minor subdivision and require Town Council evidentiary hearing and approval after Planning Board review.

5.7.1.1. Process Type: Quasi-Judicial (See Section 4.11).

Major subdivision final plats require administrative approval and review for compliance with preliminary plat.

5.7.2.1. Process Type: Administrative (See Section 5.5.1).

All major subdivision preliminary plats shall be submitted in accordance with Section 10.100 and shall be accompanied by the completed application and payment of a fee as adopted by the Town Council (see Section 2.7). All major subdivision preliminary plats shall be submitted twenty-one (21) days in advance of the Planning Board meeting at which they are to be reviewed.

The UDO Administrator will circulate the plan to relevant governmental agencies and officials for comments and recommendations. The reviewing agencies and officials may include, but not necessarily be limited to, those listed in Section 5.5.3.

5.7.6.1. Following a complete review by the staff, the UDO Administrator shall schedule the application for informal review by the Planning Board at the next regularly scheduled meeting. The evidentiary standard will be relaxed to facilitate discussion by lay persons and therefore evidence will not be restricted to competent evidence that meets quasi-judicial standards. Before that review the Planning Board will notify all adjoining property owners (within five hundred (500) feet of a property line) of the proposed application. The hearing by the Planning Board will be informal with the board allowing the developer, town staff and the adjoining owners to discuss the application and any relevant concerns.

5.7.6.2. The Planning Board will attempt to reach a consensus with those that attend the meeting and no longer than forty-five (45) days of reviewing the application the application shall be forwarded to the Town Council. The Town Council shall consider the application at its next regularly scheduled meeting. At that time the Town Council shall hold a quasi-judicial hearing on the issue of approval of the preliminary plat with the burden being on the applicant to produce competent evidence on all the following issues so that the Council rules that it is more likely than not that the preliminary plat meets the following standards:

5.7.6.2.1. Consistency with the adopted plans and of polices of the town.

5.7.6.2.2. The subdivision meets all required specifications of this chapter.

5.7.6.2.3. The subdivision will not be detrimental to the use or orderly development of other properties in the surrounding area and will not violate the character of existing standards for development of properties in the surrounding area.

5.7.6.2.4. The subdivision design will provide for the distribution of traffic in a manner that will avoid or mitigate congestion within the immediate area, will provide for the unified and orderly use of or extension of public infrastructure.

5.7.6.3. Either at the meeting or within fourteen (14) days thereafter, the Council shall make findings of fact based upon the above four (4) standards and based thereupon the Council will:

5.7.6.3.1. Approve the application;

5.7.6.3.2. Approve the application with conditions acceptable to the applicant;

5.7.6.3.3. Deny the application;

5.7.6.3.4. Table the application for a specific number of days. The Town Council may also request additional information of the applicant, other governmental agencies, or interested/affected parties in order to aid in the review of the request.

5.7.6.3.5. Return the application to the Planning Board for further consideration. This deferral does not restart the initial Planning Board forty-five-day review period. The Town Council may direct that the Planning Board return a recommendation by a certain date.

The Developer may appeal the decision of the Town Council by writ of certiorari to the Superior Court of Johnston County.

5.7.8.1. At the time of submission of the final plat, the subdivider or his or her authorized agent shall pay the town an application fee as established by the Town Council in accordance with Section 2.7. Refer to Section 10.100 for plat requirements.

5.7.8.2. Within 24 months after approval of the preliminary plat by the Town Council, the subdivider shall submit a final plat showing that he or she has completed the subdivision according to the preliminary plan and phasing plan (if applicable). The final plat may include all or only a portion of the subdivision as proposed and approved on the preliminary subdivision plat, provided that all required improvements have been installed, inspected and approved as called for in the approved preliminary plat or a surety bond or similar financial instrument has been approved by the Town Council, in accordance with Section 5.7.7.10.

The UDO Administrator shall determine whether or not the final plat substantially agrees with the approved preliminary plan. If substantial differences exist, the UDO Administrator may deny the final plat and require that a new preliminary plat be submitted. If the plat substantially agrees with the preliminary plat, the UDO Administrator shall approve the final plat within thirty (30) days after first consideration, if the Town Council has accepted the publicly dedicated improvements by resolution or a performance guarantee bond is accepted for the improvements. Only after the final plat has been approved and recorded at the Johnston County Register of Deeds office shall any lots be transferred or conveyed. The plat must be recorded within thirty (30) days after approval.

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

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

5.7.8.5. The final plat shall depict or contain the information specified in Section 10.100. Plats not illustrating or containing the information required in Section 10.100 shall be returned to the subdivider or his or her authorized agent for completion and resubmission.

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

5.7.8.7. Time Limitation/Approval of Preliminary Plat. Preliminary plat approval shall be valid for two (2) years unless a greater time period is granted through a Vested Rights request. If final plat approval has not been obtained within said two-year period, preliminary plat approval is void. A new preliminary plat shall be required to be submitted and such plat shall be in conformance with all current and applicable standards in this ordinance. Notwithstanding, the developer may submit a request to the UDO Administrator for a time extension for up to one (1) year for final plat submittal. Said request must be submitted to the UDO Administrator thirty (30) days prior to the original plat expiration date. No more than one (1) such extension may be granted by the UDO Administrator per subdivision. The developer may submit a final plat for one or more phases of a subdivision given preliminary plat approval. Said submission shall extend the expiration date for the remaining phases of the subdivision for an additional two (2) years past the date of said final plat approval or approval of one or more phases.

5.7.8.8. As-Built Drawing Submittal. Prior to final plat approval or release of performance guarantees, as-built drawings shall be submitted and administratively approved.

5.7.8.9. Property Owners Association Covenants Review. Prior to approval of any final plat for a major subdivision, the UDO Administrator shall review the covenants of the Property Owners Association to ensure compliance with town requirements. The covenants shall include provisions for the ownership and maintenance of all privately held facilities. The UDO Administrator will refer the covenants to the Town Attorney for review and approval.

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

5.7.8.10.1. The subdivider shall provide one (1) of the following performance guarantees, elected at the subdivider's discretion, in lieu of installation:

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

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

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

5.7.8.10.2. The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgment by the town that the improvements for which the performance guarantee is being required are complete. If the improvements are not complete and the current performance guarantee is expiring, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period until such required improvements are complete. A developer shall demonstrate reasonable, good faith progress toward completion of the required improvements that are the subject of the performance guarantee or any extension. The form of any extension shall remain at the election of the developer.

5.7.8.10.3. The amount of the performance guarantee shall not exceed one hundred twenty-five (125) percent of the reasonably estimated cost of completion at the time the performance guarantee is issued. Any extension of the performance guarantee necessary to complete required improvements shall not exceed one hundred twenty-five (125) percent of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.

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

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

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

The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this ordinance.

Any person who, being the owner or agent of the owner of any land located within the jurisdiction of the town, thereafter subdivides his land in violation of applicable town ordinances or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under applicable town ordinances and recorded in the office of the Johnston County Register of Deeds, or who transfers land otherwise subject to this ordinance by reference to metes-and-bounds description shall be guilty of a Class 1 misdemeanor and in violation of this ordinance, and are subject, upon conviction, to fine and/or imprisonment as provided by G.S. § 14-4.

The Town Council, through its attorney or other official so designated, may take any action to enforce this ordinance as provided in Section 1.8. Civil penalties may be issued in accordance with Section 1.8. The Town Council may direct the enforcement of this ordinance by any method listed in G.S. § 160D-101, including enjoining the transfer or sale of land in an illegal subdivision. Building permits required pursuant to G.S. § 160D-1110 may be denied for lots that have been illegally subdivided.

5.7.8.12. Procedure for Plat Recordation. After the effective date of this ordinance, no subdivision plat of land within the town's jurisdiction shall be filed or recorded until it has been submitted to and approved by the appropriate agencies, and until this approval is entered in writing on the face of the plat by the UDO Administrator in accordance with Section 10.119. All publicly dedicated improvements must be accepted by the Town Council contingent upon final plat recordation or acceptance of an approved performance guarantee.

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

5.7.8.13. Issuance of Permits. Zoning permits and building permits may be issued by the Town of Smithfield for the erection of any building on any lot within a proposed subdivision prior to the final plat of said subdivision being approved in a manner as prescribed by this ordinance and recorded at the Register of Deeds office, provided an improvements permit has been issued by the Johnston County Health Department, if required. A certificate of occupancy may not be issued until the final plat has been approved and recorded.

5.7.8.14. School Site Reservation. In accordance with G.S. 160D-804, if the Town Council and the Johnston County Board of Education have jointly determined the specific location and size of any school sites to be reserved in accordance with the Town of Smithfield Comprehensive Plan, staff shall immediately notify the Board of Education in writing whenever a sketch plan for a subdivision is submitted which includes all or part of a school site to be reserved. The Board of Education shall promptly decide whether it still wishes the site to be reserved. If the Board of Education does wish to reserve the site, the subdivision shall not be approved without such reservation. The Board of Education shall then have eighteen (18) months beginning on the date of final approval of the subdivision within which to acquire the site by purchase or by initiating condemnation proceedings. If the Board of Education has not purchased or begun proceedings to condemn the site within eighteen (18) months, the developer may treat the land as freed of the reservation.

5.7.8.15. Dedication of Land for Park, Recreation, and Open Space. A developer may provide funds to the town whereby the town may acquire recreational land or areas to serve the development or subdivision, including the purchase of land that may be used to serve more than one (1) subdivision or development within the immediate area. All funds received by the town pursuant to this paragraph shall be used only for the acquisition or development of recreation, park, or open space sites. Any formula enacted to determine the amount of funds that are to be provided under this paragraph shall be based on the value of the development or subdivision for property tax purposes. A combination or partial payment of funds and partial dedication of land when the governing body of the town determines that this combination is in the best interests of the citizens of the area to be served. Refer to Article 10, Part X.

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

Construction drawings shall include the following:

• Site Plan or Preliminary Plat

• Existing Conditions

• Grading Plan

• Soil and Erosion Control Plan

• Landscaping Details

• Lighting Plan

• Street Details, if applicable

• Infrastructure Details

• Stormwater Control Plan

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