In order to establish an orderly process to develop land within the jurisdiction of the Town of Tarboro consistent with standard development practices and terminology, it is the purpose of this chapter to provide a clear and comprehensible development process that is fair and equitable to all interests including the petitioners, affected neighbors, Town staff and related agencies, and the Town Council.

The provisions of this chapter shall be applicable to all development activity under the jurisdiction of the Town of Tarboro.

15.2.1 PERMITS REQUIRED

A.

The use made of property may not be substantially changed, nor may substantial clearing, grading, or excavation commence if such activity is undertaken for the purposes of preparing a lot for development other than a single-family detached residence, and buildings or other substantial structures may not be constructed, erect, moved, or substantially altered except in accordance with and pursuant to one of the following permits:

1.

A zoning permit issued by the Administrator; or

2.

A special use permit issued by the Planning Board; or

3.

A conditional use permit issued by the Town Council; or

4.

An erosion control permit issued by the North Carolina Department of Environmental Quality.

B.

Zoning permits, special use permits, conditional 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 all development shall occur strictly in accordance with such approved plans and application.

C.

Physical improvements to land to be subdivided may not be commenced except in accordance with a special use permit used by the Planning Board for major subdivisions or after final plat approval by the Administrator for minor subdivisions.

D.

A zoning permit, special use permit, conditional 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. All conditional use permits and special use permits (except permits issued for single-family, duplex, and townhome dwellings) shall be recorded by the permit recipient in the Edgecombe County Registry after execution by the record owner.

15.2.2 NO OCCUPANCY, USE, OR SALE OF LOTS UNTIL REQUIREMENTS FULFILLED

Issuance of a conditional use, special use, or 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 to make necessary improvements to a subdivision. However, 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 conditional use permit have been complied with.

15.2.3 WHO MAY SUBMIT APPLICATIONS

A.

Applications for zoning, special use, conditional use, sign permits, subdivision final plat, or variances will be accepted only from persons having the legal authority to take action in accordance with the permit or the plat approval. By way of illustration, in general terms 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 person who may make application in the name of such owners, lessees, and contract vendees.

B.

The Administrator may require an applicant to submit evidence of their authority to submit the application in accordance with § 15.2.3.A whenever there appears to be a reasonable basis for questioning this authority.

C.

All applications for permits requiring Planning Board review shall be submitted to the Administrator 15 calendar days prior to the date of the Planning Board meeting at which the permit is reviewed. If the submission date falls on a Saturday, the application must be received by the preceding Friday. If the submission deadline falls on a Sunday, the application must be received on the following Monday.

15.2.4 APPLICATIONS TO BE COMPLETE

A.

All applications for zoning permits, special use permits, conditional use permits, sign permits, or variances must be complete before the permit issuing authority is required to consider the application.

B.

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.

C.

The presumption established by this Ordinance is that all of the information set forth within is necessary to satisfy the requirements. 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 Town Council or Planning Board, the applicant may rely in the first instance on the recommendations of the Administrator as to whether more or less information than set forth herein should be submitted.

D.

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.

15.2.5 PRESUBMITTAL MEETINGS

A.

To minimize development planning costs, avoid misunderstandings or misinterpretation, and to ensure compliance with the requirements of this Ordinance, a presubmittal meeting between the developer and/or their agent or authorized representative and Town staff is encouraged or required as provided in this Section.

B.

Before submitting an application for a conditional use permit authorizing a development that consists of or contains a major subdivision, the developer shall submit to the administrator a sketch plan of such subdivision, drawn approximately to scale (1 inch = 100 feet). The sketch plan shall contain:

1.

The name and address of the developer;

2.

The proposed name and location of the subdivision;

3.

The boundaries of the tract and the portion of the tract to be subdivided;

4.

The approximate total acreage of the proposed subdivision;

5.

The tentative street and lot arrangement;

6.

Topographic lines;

7.

A sketch vicinity map showing the location of the subdivision in relation to the neighboring tracts, subdivisions, roads and waterways;

8.

The existing and proposed uses of the land within the subdivision and adjoining it, including the streets and lots of adjacent developed or platted tracts;

9.

The zoning classification(s) of the tract and of adjacent tracts;

10.

Any impact the proposed development will have on endangered habitat;

11.

Any impact the proposed development will have on any public water supply watershed or other environmentally sensitive areas;

12.

Any other information the developer believes necessary to obtain the informal opinion of the planning staff as to the proposed subdivision's compliance with the requirements of this Chapter;

13.

The administrator shall meet with the developer as soon as conveniently possible to review the sketch plan.

C.

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

15.2.6 FEES AND INSPECTIONS

A.

The Town of Tarboro Town Council is authorized to establish fees to be charged by the Town for the administration of the regulations in this Ordinance. The Town shall adopt as part of their annual budgeting process a schedule of fees for applications and processing for permits as specified in this Ordinance.

B.

Agents and officials of the Town are authorized to inspect land- disturbing activities to ensure compliance with this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, and to determine whether the measures required in approved development plans are being appropriately followed. Notice of the right to inspect shall be included in the approval for each approved permit.

C.

No person shall willfully resist, delay, or obstruct any authorized representative, employee, or agent of the Town while that person is inspecting or attempting to inspect a land-disturbing activity.

D.

The Town shall also have the power to require written statements or filing reports under oath, with respect to pertinent questions relating to land-disturbing activity.

15.2.7 STAFF CONSULTATION AFTER APPLICATION SUBMITTAL

A.

Upon receipt of a formal application for a zoning permit, conditional use permit, conditional zoning, special use permit, minor subdivision plat approval, or variance, the Administrator shall review the application and confer with the applicant to ensure their understanding of the Administrator's interpretation of the applicable requirements of this Ordinance, that all information has been submitted, and that the application represents precisely and completely what is proposed.

B.

If the application is for a conditional use permit, conditional zoning, or variance, the Administrator shall place the application on the agenda of the appropriate Board when the applicant indicates that the application is as complete as they intend to make it. If the Administrator rules that the application is incomplete, they shall recommend to the appropriate Board that the application be denied.

15.2.8 APPLICATIONS TO BE PROCESSED EXPEDITIOUSLY

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.

An application for any permit described in this section may be required to contain one, all, or any combination of the elements below. A presubmittal meeting with the Administrator is encouraged to determine which items are considered to be required as part of a development application.

15.3.1 EXISTING CONDITIONS MAP

An existing conditions map is intended to identify existing developed conditions and natural features including, but not limited to, the following:

A.

Existing Developed Conditions of Property:

1.

Rights-of-way;

2.

Existing structures and any historical significance;

3.

Cemeteries;

4.

Bridges or culverts;

5.

Utilities (water and sewer, drainage, storm water, electrical, cable, fiber optics, etc.);

6.

Driveways and curb cuts;

7.

Sidewalks, surface parking, and loading areas;

8.

Public and private streets with pavement width;

9.

Any known contaminated soils or hazardous materials;

10.

Existing and proposed easements including, but not limited to, electric, water, sewer, storm, drainage, private streets, gas, or other service-related easements including location, width, and purpose.

B.

Existing Natural Features of Property:

1.

Forest stands or trees of a uniform size and species;

2.

Previously documented rare or protected species' habitats;

3.

Riparian and watershed boundaries/buffers, wetlands, watercourses with name and direction of flow;

4.

State and federal reports regarding wetlands and stream buffer delineations;

5.

Any special flood hazard areas;

6.

Existing contour lines at a minimum of 2-foot contour intervals.

C.

Identification of the above features on a site prior to the advanced preparation of development plans enables the reasonable and practical planned preservation of existing and environmentally sensitive areas. This requirement provides the Town and the applicant the ability to evaluate the proposed development in order to preserve vegetation, to improve the appearance of the development proposed and to encourage the use of the existing forest and tree canopy and significant vegetation to satisfy the requirements of this Ordinance.

15.3.2 SKETCH PLAN

The sketch plan shall show in simple sketch form the shape and dimensions of the lot on which the proposed building or use is to be constructed or conducted, proposed layout of existing and proposed streets, existing or proposed lot(s) layout, building(s) location and size, nature of land use, parking areas and means of ingress/egress, environmental conditions, civic spaces and other features in relation to existing conditions based upon the size of the tract proposed for development. Sketch plans shall be reviewed as non-binding documents.

15.3.3 SPECIAL USE PLAN

The special use permit is intended to provide a detailed two-dimensional drawing that illustrates all of the required site features including buildings, parking areas, street locations, street sections, right-of-way, property lines and setbacks, required or proposed watercourse buffers, site landscaping and lighting (in conceptual form), and all related development calculations (e.g., density, proposed building areas, number of parking space, estimated impervious surface) in sufficient detail to show compliance with this Ordinance.

15.3.4 FINAL PLAT

A final plat shall be prepared by a professional land surveyor, licensed to practice in the State of North Carolina and shall be drawn to a scale no less than 1 inch = 200 feet, and shall meet the requirements of NCGS 47-30. The final plat shall constitute an accurate survey of the entire phase as shown on the approved plan and shall include all the relevant notes and certifications.

The following procedures have been established for development applications/petitions that require notification of the public prior to consideration and/or approval:

15.4.1 LEVEL 1—SUNSHINE LIST

A notice of pending application/meeting shall be posted in a prominent location in Town Hall and on the Town's website and a notice of such meeting shall be mailed, emailed, or delivered to each person and media provider that has filed a written request for notice with the Town Clerk. This notice shall be posted and mailed, emailed, or delivered at least 48 hours before the time of the meeting. Non-media members of this list may be charged an annual fee if so listed in the Town's fee schedule to receive all notices by mail. Members of this distribution list must renew their participation in this distribution on an annual basis.

15.4.2 LEVEL 2—GENERAL NOTICE IN NEWSPAPER

A notice shall be published in a newspaper of general circulation in the Town once a week for two successive weeks. The first publication shall appear no less than 10 days or more than 25 days prior to the date fixed for the public hearing. The notice shall include the time, place, and date of the hearing/meeting and include a description of the property and the nature of the proposal.

15.4.3 LEVEL 3—NOTIFICATION TO AFFECTED PROPERTY OWNERS

A.

Mailed Notice: The owners of all property affected by pending action shall be notified of the hearing/meeting by first class mail. Such notification shall be postmarked at least 10 days but no more than 25 days prior to the date of the meeting at which the matter is to be heard.

B.

Published Notice: Full Community Notification: As an alternative to the mailed notice requirements § 15.4.3.A, the Town may elect to serve notice through a full community notification for pending actions that affect at least 50 properties with 50 different property owners. The Town shall publish notice of the hearing/meeting in a newspaper of general circulation in the Town. Two advertisements shall be published in separate calendar weeks. Each advertisement shall not be less than one-half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified by first-class mail.

C.

Posted Notice: In addition to the mailed or published notice, as required in the paragraphs above, a sign shall be placed in a prominent location on the subject property(s) or on any adjacent public street or highway right-of-way with a notice of the pending action and a phone number and email address to contact for additional information.

D.

Additional Information for Third Party Re-Zonings: Except for a Town-initiated rezoning map amendment, when an application is filed to request a Zoning Map amendment and that application is not made by the owner of the parcel of land to which the amendment would apply, the applicant shall certify to the Town Council that the owner of the parcel of land, as shown on the county tax listings, has received actual notice of the proposed amendment and a copy of the notice of public hearing. The applicant shall certify that proper notice has been provided in fact, and such certificate shall be deemed conclusive in the absence of fraud. If notice cannot with due diligence be achieved by personal delivery, registered or certified mail, or by a designated delivery service, notice may be given by publication consistent with NCGS 1A-1, Rule 4(j1). This applies only to an application to request a Zoning Map amendment where the application is not made by the owner of the parcel of land to which the amendment would apply.

15.4.4 LEVEL 4—NOTIFICATION TO ADJACENT PROPERTY OWNERS

The owners of property within 100 feet on all sides of the subject property (not including street right-of-way that are less than 100 feet in width) shall be notified of the hearing/meeting by first class mail. Such notification shall be postmarked at least 10 but not more than 25 days prior to the date of the meeting at which the matter is to be heard. In addition, a sign shall be prominently posted on the subject property(s) or on an adjacent public street or highway right-of-way with a notice of the pending action and a phone number and email address to contact for additional information.

15.4.5 PERMIT/PROCESS TYPE TABLE

15.5.1 SKETCH PLAN REVIEW

A.

Required: Before submitting an application for a special use permit authorizing a development that consists of or contains a major subdivision or an application for conditional zoning or a conditional use permit, the developer shall submit to the Administrator a sketch plan for such development drawn to scale. The developer shall submit the number of sketch plans that the Administrator deems reasonably necessary to facilitate the sketch plan review process.

B.

Sketch Plan Contents: At a minimum, a sketch plan submitted for review by the Administrator must display the following information:

1.

A sketch vicinity map showing the location of the property in relation to neighboring tracts, subdivisions, roads, and waterways.

2.

The boundaries of the tract and the portion of the tract to be developed.

3.

The total acreage of land to be developed.

4.

The existing and proposed uses of the land, and the existing use of adjoining properties.

5.

The proposed street and lot layout for residential developments, or the location of buildings, parking, etc. for non-residential development.

6.

The name, address, and telephone number of the property owner.

7.

The zoning classification of the tract and adjacent properties.

8.

Property Identification Number as provided by the Edgecombe County Tax Office.

9.

Demarcation of the any designated floodplain as derived from the most recently adopted FEMA FIRM.

10.

Any other information the developer believes to be necessary to obtain the informal opinion of the Town of Tarboro as to the proposed development's compliance with the requirements of this Ordinance.

C.

Review: Following a review of the sketch plan and other materials by the Administrator and other applicable Town and County departments, the Administrator shall advise the developer of the results of this review. Written comments related to the submitted sketch plan will be returned to the developer identifying any areas in which the sketch plan may not meet this Ordinance or other adopted Town of Tarboro plans and policies. An application for a special use permit, conditional zoning, or conditional use may not be submitted until after the Administrator has provided the developer with comments and recommendations based on a review of the sketch plan.

15.5.2 ZONING PERMITS

A.

Applicability: The zoning permit process shall apply to all development applications for uses listed in the Permitted Use Table as "P" or "PS." The zoning permit process is not applicable to major or minor subdivisions, conditional use permits, or special use permits.

B.

Process Type: Administrative.

C.

Presubmittal Meeting: No presubmittal meeting is required, but applicants are encouraged to call or visit the Administrator prior to submitting application for a zoning permit to determine what information is required for the application.

D.

Application: A completed application form for a zoning permit shall be filed with the Administrator.

E.

Public Notification: N/A.

F.

Approval: The Administrator shall issue the zoning permit unless it is found, after reviewing the application, that:

1.

The requested permit is for a use not permitted in the underlying zoning district as shown in the Table of Permitted Uses in Chapter 2 of this Ordinance; or

2.

The application is incomplete; or

3.

If completed as proposed in the application, the development will not comply with one or more of the requirements of this Ordinance, not including those requirements from which a variance has been granted or those the applicant is not required to comply with under the circumstances specific in Chapter 13 of this Ordinance.

G.

Appeals: Appeals of the decision of the Administrator shall be heard by the Board of Adjustment in accordance with § 15.7.2.

H.

Permit Validity: Upon approval of the zoning permit, the applicant shall have one year to obtain a building permit or otherwise begin the permitted use. Failure to secure building permits for the permitted work within this time shall render the approval void. Upon issuance of a building permit, the zoning permit shall remain valid as long as a valid building permit exists for the project. Any change of the approved plans that has not been authorized by the Administrator shall invalidate the zoning permit and any subsequent building permits.

I.

Permit Extension: The Administrator may grant 2 extensions of the approved permit of up to 6 months each upon submittal by the applicant of sufficient justification for the extension. Sufficient justification may include, but is not limited to, delays in other outside agency permits, financing institution delays, or other similar reasons beyond the control of the applicant.

J.

Supplemental Use Standards: All applications for zoning permit shall be in compliance with the applicable supplemental use standards found in Chapter 3 of this Ordinance. The Administrator shall have no discretion to modify any requirements found in Chapter 3.

K.

Authorizing Use or Occupancy Before Completion of Development Under Zoning Permit: In cases when, because of weather conditions or other factors beyond the control of the zoning permit recipient (exclusive of financial hardship), it would be unreasonable to require the zoning permit recipient to comply with all of the requirements of this ordinance prior to commencing the intended use of the property or occupying any buildings, the Administrator may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this ordinance are concerned) if the permit recipient provides an adequately secured completion bond or other security satisfactory to the administrator in the amount of 110% of the cost of the improvement to ensure that all of the requirements of this ordinance will be fulfilled within a reasonable period (not to exceed 12 months) determined by the Administrator. The bond and security shall be reviewed and approved by the Town Attorney, however, prior to the Administrator authorizing the intended use or occupancy.

L.

Modifications to Approved Zoning Permit: Development must occur as approved with the zoning permit. No modifications are permitted. If modifications to the development are required, the applicant shall submit a new zoning permit application for review and approval by the Administrator.

15.5.3 MINOR SUBDIVISIONS

A.

Applicability: The minor subdivision review process is required for those divisions of land into less than 5 lots. No more than 2 minor subdivisions of the same parent tract may be accepted for processing or approval as a minor subdivision within any 5-year period. Lots created as a result of a minor subdivision approval shall not be subdivided again through a minor subdivision process for a period of 5 years from the date of approval. Any re-subdivision of a lot created as part of a minor subdivision within 5 years of the original approval must go through the major subdivision process as outlined in § 15.6.

B.

Process Type: Administrative.

C.

Application: The applicant for a minor subdivision may submit a sketch plan to the Administrator for a determination of whether the approval process authorized in this section can and should be utilized. The Administrator 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 the tract of land since February 14, 1978.

D.

Public Notification: N/A.

E.

Review: Before approval of a minor subdivision, the Administrator shall refer the application to the Public Works Director for recommendation as to the proposed water supply and sewage treatment systems as well as the other appropriate Town departments and agencies for their review. All such agencies shall return their recommendations to the Administrator.

F.

Required Application Materials: Before an application is reviewed by the Administrator, the applicant shall submit a copy of a final plat, drawn to scale and otherwise acceptable to the Edgecombe County Register of Deed's Office for recording purposes. When more than one sheet is required to include the entire subdivision, all sheets shall be the same size and shall appropriate match marks on each sheet and appropriate references to the other sheets of the subdivision. The applicant shall submit three copies of the plat. All minor subdivision plats shall also be provided in digital PDF format. The following is required to be displayed on the plat submitted for review:

1.

Certificate of Approval:

2.

Certificate of Ownership:

All current owners must sign. Please include signature and date lines for all owners

3.

County Mapper Certification:

4.

Certificate of Survey and Accuracy:

5.

Public Water Supply Watershed Statement (if applicable):

6.

Certificate of Subdivision Type: It is the duty of the surveyor, by a certificate, to certify one of the following on the face of the plat:

a.

That the survey creates a subdivision of land within the area of Tarboro that is regulated by the Tarboro Land Use Ordinance which regulates the subdivision of parcels of land;

b.

That the survey is of an existing parcel or parcels of land;

c.

That the survey is of another category, such as recombination of existing parcels, a court-ordered survey, or other exception to the definition of subdivision;

d.

That the information available to the surveyor is such that the surveyor is unable to make a determination to the best of his/her professional ability as to the provisions contained in F.1 through F.3 above.

G.

Exceptions: The minor subdivision process may not be used if the subdivision involves the installation or improvements or if the subdivision results in the creation of more than a total of five lots out of one tract since February 14, 1978, regardless of whether the lots were created at one time or over an extended period of time.

H.

Approval: The Administrator shall approve the proposed subdivision unless the subdivision is not a minor subdivision as defined in this Ordinance; or the application or plat fails to comply with any applicable regulations of this Ordinance. If the subdivision is denied, the Administrator shall promptly furnish the applicant with a written statement of the reasons for denial. Approval of any plat is contingent upon the plat being recorded within 90 days after the date the Certificate of Approval is signed by the Administrator.

I.

Appeals: Appeals of the decision of the Administrator shall be heard by the Planning Board. An appeal must be made by the applicant within 30 days of the receipt of the Administrator's decision. The appeal of the denial of a minor subdivision shall follow the same process as that for a major subdivision as described in § 15.8 of this Ordinance.

15.5.4 MAJOR SUBDIVISION

A.

Applicability: The major subdivision final plan approval process shall apply to any new subdivision plat which creates more than 5 new lots or requires the dedication of public utilities and/or public streets.

B.

Process Type: Legislative. All Major Subdivisions shall also require the approval of a conditional use permit as outlined in § 15.7.2.

C.

Public Notification: Levels 1, 2, 3, and 4.

D.

Application: When more than one sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision. The scale of the plat shall be at 1-inch equals not more than 100 feet. Initially, the applicant shall also submit 3 prints of the plats and a digital PDF of the major subdivision final plat shall also be submitted to the Administrator. Following the review of the plat by the Development Review Committee, the developer shall make any required revisions to the plat and shall submit 15 copies, at a size determined by the Administrator, to the Administrator prior to the date of the Planning Board meeting.

E.

Required Information: In addition to the endorsements listed in § 15.7.F, the final plat shall contain the following information:

1.

A vicinity map;

2.

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

3.

The name of the subdivision owner or owners;

4.

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

5.

The name of the surveyor and their registration number and the date of the survey;

6.

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

7.

The date of the survey and plat preparation;

8.

The location of all rights-of-way, easements, and areas to be dedicated to public;

9.

The sections numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each section;

10.

The number of square feet or acreage of each lot shown on the plat;

11.

All of the additional information required by NCGS 47-30(f);

12.

Delineation of any on-site waste disposal areas;

13.

The location of all existing buildings on the tract to be subdivided;

14.

The property identification number (PIN), as provided by the Edgecombe County Tax Office.

15.

In addition to the certifications found in § 15.7.F, the following certification shall be required on a major subdivision final plat if applicable:

a.

Certificate of Approval for Recording:

b.

Certificate of Ownership and Dedication:

c.

Certificate of Survey and Accuracy:

d.

Notary Certificate:

e.

Certificate of Approval of Required Improvements:

f.

Division of Highways District Engineer Certificate:

g.

Private Streets Disclosure Statement:

h.

Public Water Supply Watershed Statement:

i.

County Mapper Certification:

F.

Review and Approval: The Planning Board shall approve the proposed plat unless it finds that the plat or proposed subdivision fails to comply with one 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 compliance permit that authorized the subdivision. If the final plat is denied by the Planning Board, the applicant shall be furnished a written statement of the reasons for the denial. Approval of the final plat is contingent upon the plat being recorded within 30 days after the approval certificate is signed by the Administrator.

G.

Appeals: An appeal from the decision of the Planning Board shall be made to the Board of Adjustment, in accordance with § 15.6.2.

15.5.5 INTERPRETATIONS

A.

Applicability: The Administrator is authorized to interpret the Zoning Map and to pass judgement upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the Administrator, they shall be handled as an appeal as described in § 15.7.2.

B.

Application: An application for a map interpretation shall be submitted to the Administrator. The application shall contain sufficient information to allow the Administrator to make the necessary interpretation.

C.

Process: Administrative.

D.

Public Notice: N/A.

E.

Zoning District Boundary Interpretation: Where uncertainty exists as to the boundaries of districts as shown on the official Zoning Map, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerlines of alleys, highways, streams, or railroads shall be construed to follow such centerlines.

2.

Boundaries indicated as approximately following lot lines, Town limits or ETJ boundary lines shall be construed as following such lines, limits, or boundaries.

3.

Boundaries indicated as approximately parallel to the centerlines of streets or other rights-of-way shall be construed as being parallel thereto and at such distance therefrom or indicated on the Zoning Map.

4.

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such shorelines.

5.

Where a district boundary divides a lot or where distances are not specifically indicated on the official Zoning Map, the boundary shall be determined by measurement, using the scale of the official Zoning Map.

6.

Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

F.

Process: Upon receiving a completed application for a lot or district boundary interpretation, the Administrator shall issue a written determination to the applicant of their findings.

G.

Appeal: An appeal of an interpretation by the Administrator shall follow the procedure set forth in § 15.7.2.

15.6.1 TEXT AMENDMENTS AND ZONING MAP AMENDMENTS

A.

Applicability: An amendment to the text of this Ordinance or the official Town Zoning Map may be initiated by the Town Council, Planning Board, Planning staff, or any other interested person.

B.

Applications: Any petition for rezoning property must be signed by the petitioner, who shall indicate the capacity in which they filed the petition. In the event the party filing the petition is someone filing the same on behalf of the owner, such party shall attach his authority to execute said petition on behalf of the owner of the petition. If the application is seeking to have rezoned less than the entire lot or tract, the application for the rezoning shall be accompanied by a survey map and description. If the applicant is seeking to have rezoned an entire lot or tract for which a tax PIN is assigned, said tax PIN shall be sufficient for public notice of the area requested for rezoning.

C.

Process: Legislative.

D.

Public Notice: Levels 1, 2, 3, and 4.

1.

Level 3 notification is only required for text amendments that involve a specific parcel of land, or when the applicant for a Zoning Map amendment is not the owner of the property subject to the application.

E.

Delay in Subsequent Applications: Unless the Town Council finds that there have been substantial changes in conditions or circumstances to the application for a text amendment or Zoning Map amendment, the Town shall not accept for consideration a petition if:

1.

Within one year prior to the date a petition is denied by the Town Council; or

2.

Within one year prior to the date the petition is withdrawn by the applicant after Planning Board consideration; or

3.

The Town Council approved a rezoning on the subject property on the same parcel to a more restrictive classification than requested; or

4.

Within one year prior to the date the petition is submitted, the Town Council has denied a substantially similar request for a text amendment.

F.

Planning Board Consideration:

1.

Every Zoning Map amendment or text amendment shall be referred to the Planning Board for its consideration.

2.

The Planning Board shall endeavor to review the proposed amendment in such a timely fashion that any recommendations it may have can be presented to the Town Council at the public hearing on the amendment. If the Planning Board is not prepared to make recommendations at the public hearing, it may request the Town Council to delay final action on the amendment until such time as the Planning Board can present its recommendations.

3.

The Town Council may not take final action approving a proposed amendment until it has received the recommendation of the Planning Board, or until 45-days from the date of referral to the Planning Board, whichever occurs first. The Town Council is not bound by the recommendations of the Planning Board.

4.

A Planning Board member shall not vote on any Zoning Map or text amendment where the outcome of the matter being considered is likely to have a direct, substantial, and readily identifiable impact on the member.

5.

Upon making a recommendation, the Planning Board shall advise and comment on whether the proposed amendment is consistent with any adopted Town plans and policies. The Planning Board shall provide a written recommendation to the Town Board that addresses plan consistency or other matters as deemed appropriate by the Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent with any adopted plan or policy shall not preclude consideration or approval of the proposed amendment by the governing board.

G.

Town Council Action on Amendments:

1.

At the conclusion of the public hearing on a proposed amendment, the Town Council may proceed to vote on the proposed amendment, refer it to Planning Board for further study, or take any action consistent with its usual rules of procedure.

2.

The Town Council is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs.

3.

Prior to adopting or rejecting any zoning amendment, the Town Council shall adopt a statement describing whether its action is consistent with an adopted plan and explaining why the Town Board considers the action taken to be reasonable and in the public interest.

4.

A member of the Town Council shall not vote on any Zoning Map amendment or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

H.

Town Council Consideration: In deciding whether to adopt a proposed amendment to this Ordinance, the central issue before the Town Council is whether the proposed amendment advances the public health, safety or welfare. All other issues are irrelevant, and all information related to other issues at the public hearing may be declared irrelevant by the Chairman of the Town Council and excluded. In particular, when considering proposed map amendments:

1.

For all rezoning amendments with the exception of requests for conditional use zoning, the Board shall not rely upon any representations made by the petitioner that, if the change is granted, the rezoned property will be used for only one of the possible uses permitted in the requested classification. Rather, the Town Council shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses on the existing zoning district.

2.

For amendments requesting a parallel conditional use zoning district, the Board can consider a specific use for the parcel or parcels and review a site-specific development plan as part of the amendment process. The use(s) specified by the applicant will be noted on the conditional use permit or conditional zoning if the rezoning of the property or properties is approved by the Town Council. No other uses will be permitted on the subject parcel or parcels once approved by the Town Council.

I.

Citizen Comments:

1.

If any resident or property owner in the Town submits a written statement regarding a proposed amendment, modification, or repeal to this Ordinance to the Town Clerk at least two business days prior to the proposed vote on such change, the Town Clerk shall deliver such written statement to the Town Council. If the proposed change is the subject of a quasi-judicial hearing under NCGS 160A-388, the Town Clerk shall provide only the names and addresses of the individuals providing written comment, and the provisions of such names and addresses to all members of the Town Council shall not disqualify any member of the Town Council from voting.

2.

Any resident or property owner who submits a written statement of citizen concern may withdraw their written statement any time prior to the meeting at which the item will be considered.

J.

Appeals: Any action challenging an Ordinance that changes the zoning classification of any property must be commenced within 60 days after the effective date of such Ordinance as provided in S.L. 1987 Chapter 604.

15.6.2 CONDITIONAL DISTRICT REZONINGS (CD)

Conditional Districts (CD) (see § 2.7) are districts with conditions voluntarily added and/or agreed to by the applicant and approved in a legislative procedure by the Town Council in accordance with NCGS 160A-382. Conditional Districts provide for orderly and flexible development under the general policies of this Ordinance without the constraints of some of the prescribed standards guiding by-right development. This Conditional District may be used in any district but is not intended to relieve hardships that would otherwise be handled using a variance procedure.

A.

Process: Legislative.

B.

Applicant and Property: Conditional District classification shall only be considered upon the request of the owners and/or their representatives of all the property to be included in the specific Conditional District request. A Conditional District request shall consist of land under unified control which may be planned and developed as a single development or as an approved programmed series of development phases by multiple developers. "Unified control" means that all land to be included within a Conditional District shall be owned or otherwise in the legal control of the applicant for a Condition District. The applicant shall be legally capable of providing a commitment to the Town that the Conditional District development will comply with all documents, plans, standards, and conditions ultimately approved by the Town.

C.

Fair and Reasonable Conditions: Within an approved Conditional District, no uses shall be permitted except pursuant to the conditions imposed by the applicant on the Conditional District in the approval of the rezoning. The Town Council and the applicant may mutually agree to additional reasonable and appropriate conditions or safeguards to serve the purpose and intent of this section, and to preserve public welfare and justice. The provisions of the Conditional District Master Plan shall replace all conflicting development regulations set forth in this Ordinance which would otherwise apply to the development site. The Planning Board may recommend and the Town Council with mutual approval of the applicant: may attach reasonable and appropriate conditions including, but not limited to, the location, nature, hours of operation, and extent of the proposed uses(s). Conditions and site- specific standards shall be limited to those that address conformance of the development and use of the site to this Ordinance and officially adopted plans and those standards and conditions that address the impacts reasonably expected to be generated by the development and use of the site. The applicant will have a reasonable opportunity to consider and respond to any conditions and site-specific standards proposed by either the Planning Board or Town Council prior to final action.

D.

Application Contents: A Conditional District rezoning application shall consist of the existing conditions map, special use plan, and any other plans, drawings, renderings, elevations, maps and documents specifically included as development documents for approval by the Town Council. The Conditional District Special Use Plan is a site-specific development plan that becomes a condition of the Conditional District zoning. In addition to those items required for Special use Plans, the following shall also be shown:

1.

A full list of the uses to be permitted on the parcel(s) subject to the application. Uses may be selected from any of the uses permitted in the underlying zoning district, whether permitted by-right, permitted with supplemental standards, or permitted with a conditional use permit. Should the requested Conditional District rezoning be approved by the Town Council, any use that would have required a conditional use permit in the underlying zoning district is considered a permitted use in the approved Conditional District. Uses not permitted in the underlying zoning district shall not be permitted within the Conditional District.

2.

General traffic routes (external and internal) to and from the development with major access points identified.

3.

Tabular data, including the range and scope of proposed land uses, proposed densities, impervious surface ratios as applicable to the development type, and the land area devoted to each type of general land use and phase of development.

4.

A proposed development schedule if the project is to be phased.

E.

Exception for Conditional Districts with Use Limitations Only: If an applicant proposed a Conditional District which meets the following criteria, no Conditional District Special Use Plan is required as part of the application:

1.

The only proposed deviation in use from the underlying zoning district is to impose additional limitations on the uses that will be allowed in the Conditional District.

2.

No other deviations from the standards of the underlying zoning district are proposed in the Conditional District.

F.

Procedure: The procedure for approval of a Conditional District shall follow the procedure for review of Text Amendment and Zoning Map Amendments as outlined in § 15.6.3 of this Ordinance.

G.

Effect of Approval/Changes: The applicant may proceed with development only after approval of the Conditional District Special Use Plan by the Town Council, followed by the approval of any necessary zoning permits and/or subdivision plats by the Administrator. The development and use of all land within the Conditional District shall be in keeping with the approved Special use Plan and all applicable provisions therein.

1.

If so reflected on the Special use Plan, the Town Council may allow the phasing of development. Each phase of the development shall adhere to all applicable provisions and standards of this section and the applicable Conditional District Special Use Plan.

H.

Substantial Changes: Any substantial change to an approved Conditional District zoning shall be reviewed by the Planning Board and approved or denied by the Town Council as an amended Conditional District. The following changes to a Conditional District Special Use Plan shall require approval by the Town Council:

1.

Land area being added or removed from the Conditional District.

2.

Modification to special performance criteria, design standards, or other requirements specified by the enacting Ordinance.

3.

A change in land use or development type beyond that permitted by the approved Conditional District Special Use Plan.

4.

When there is introduction of a new vehicular access point to an existing street, road, or thoroughfare not previously designated for access.

5.

When there is an increase in the total number of residential dwelling units originally authorized by the approved Conditional District Special Use Plan.

6.

When the total floor area of a commercial or industrial classification is increased more than 10% beyond the total floor area last approved by the Town Council. Changes of less than 10% may be approved by the Administrator.

7.

Any change which alters the basic development concept of the Conditional District Special Use Plan.

8.

Other Changes: All other changes to a Conditional District Special Use Plan shall be approved by the Administrator.

I.

Rescission of Conditional District: The applicant shall a secure valid building or construction permit within 2 years from the date of approval of the Conditional District unless otherwise specified. If such project is not complete or a valid building or construction permit is not in place at the end of the 2-year period, the Administrator shall notify the applicant of either such finding. Within 60 calendar days of notification, the Administrator shall make a recommendation concerning the rescission of the Conditional District to the Town Council. The Town Council may rescind the Conditional District or extend the life of the Conditional District for a specified period of time. The rescission of a Conditional District shall follow the same procedure as was needed for approval.

15.7.1 CONDITIONAL USE PERMIT

A.

Applicability: Any proposed development located in a Conditional Use zoning district or designated as a "CUP" in the Permitted Use Table shall be required to receive a Conditional Use Permit approved by the Tarboro Town Council.

B.

Process Type: Quasi-Judicial.

C.

Public Notification: [Levels] 1, 2, 3, and 4.

D.

Presubmittal Meeting: It is required that every applicant for a Conditional Use Permit meet with the Administrator prior to the submittal of an application. The purpose of this meeting is to provide clarification and assistance in the preparation and submission of plats for approval.

E.

Conditional District Rezoning: If rezoning of the property to a parallel conditional use zoning district is also required, the approval of the conditional use permit and rezoning shall follow the process described in § 15.13.

F.

Public Hearing Required: Applications for conditional use permit shall be submitted to the Tarboro Town Council by filing an application with the Administrator. The Town Council shall conduct a public hearing to review the conditional use permit application. The Town Council shall not approve a conditional use permit application if it is found that:

1.

The application is for a use that is not permitted in the zoning district in which the subject property is located per the Table of Permitted Use in Chapter 2 of this Ordinance; or

2.

The application is incomplete; or

3.

If completed as proposed in the application, the development will not comply with one or more of the requirements of this Ordinance.

G.

Findings of Fact: In order to approve a conditional use permit, the Town Council must conclude that, based on the information submitted at the public hearing, that if completed as proposed, the application complies with the following findings of fact:

1.

The application is consistent with the adopted plans and policies of the Town;

2.

The application complies with all applicable requirements of this Ordinance;

3.

There exists adequate infrastructure to support the application as proposed;

4.

The application will not be detrimental to the use or development of adjacent properties or other neighborhood uses;

5.

The application will not endanger the public health or safety;

6.

The application will not injure the value of adjoining or abutting property; and

7.

The application will be in harmony with the area in which it is located.

If substantial and competent evidence is submitted to the Town Council that the application as proposed is not in compliance with the findings of fact above, the Town Council shall not approve the requested conditional use permit.

H.

Completed Application: The burden of presenting a complete application shall be on the applicant. However, unless the Town Council informs the applicant at the hearing in what way the application is incomplete and offers the applicant the opportunity to complete the application, the application shall be deemed complete.

I.

Burden of Proof: The burden of presenting competent, substantial evidence to lead the Town Council conclude that the application should be denied shall be on the parties advocating that position. Likewise, the burden of presenting competent, substantial evidence that the application, as presented, meets the requirements of this Ordinance and should be approved by the Town Council is on the applicant.

J.

Staff Recommendation: When a complete application for a conditional use permit is submitted, it shall be accompanied by a report setting forth the Administrator's findings elaborating the applications compliance with this Ordinance, as well as any staff recommendations for additional requirements to be imposed by the Town Council.

K.

Conditions of Approval: The Town Council may not attach additional conditions to the approval of a conditional use permit that modify or alter the specific requirements of this Ordinance unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements. The Town Council may attach to a permit a condition limiting the permit to a specific duration. All conditions or requirements shall be made a part of the approved conditional use permit and those conditions shall be enforceable in the same manner and extent as any other applicable requirement of this Ordinance.

L.

Appeals: An appeal from the decision of the Town Council regarding a conditional use permit may be made by an aggrieved party and shall be made to the Superior Court of Edgecombe County in the nature of certiorari. Any such petition shall be filed with the clerk of the Superior Court within 30 days after the decision of the Board is filed with the Town Clerk, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the secretary or chairman of the Town Council at the time of its hearing of the case, whichever is later. The decision of the Board may be delivered to the aggrieved party either by personal service, registered mail, or certified mail return receipt requested.

M.

Permit Validity: Approval of a Conditional Use Permit shall be valid for 2 years from the date of approval.

N.

Permit Extension: The Town Council may grant a single extension of the time period in § 15.7.1.M of up to one year upon the submittal by the applicant of sufficient justification for the extension. Sufficient justification may include, but is not limited to, delays in other outside agency permits, financing institution delays, or other similar reasons beyond control of the applicant.

O.

Substantial Changes: Any substantial changes to a conditional use permit as noted below shall be reviewed by the Town Council. The following changes are considered a substantial change:

1.

Modifications to special performance criteria, design standards, and other similar requirements.

2.

A change in land use or development type beyond what was permitted by the approved conditional use permit.

3.

Where there is introduction of a new vehicular access point to an existing street, road, or thoroughfare not previously designated for access.

4.

When there is an increase in the total number of residential dwelling units originally authorized in the special use permit.

5.

Any change which alters the basic development concept of the conditional use permit.

15.7.2 APPEALS OF ADMINISTRATIVE DECISIONS

A.

Applicability: This process is hereby established to provide an appeal process for parties aggrieved by any order, requirement, decision, or determination made by any administrative officer or Board charged with enforcing the provisions of this Ordinance.

B.

Process Type: Quasi-Judicial.

C.

Filing Procedure: An appeal of an administrative decision may be taken by any person aggrieved (or their authorized agent), or by any officer, department, or Board of the Town, to the Board of Adjustment. Such an appeal shall be made within 30 days of the receipt by such aggrieved party of the written notice of the decision from the Administrator, or in the case of an office, department, or Board of the Town, within 30 days of the filing of the written notice with the Town Clerk.

D.

Stay of Proceedings: The filing of an appeal shall stay all proceedings in the furtherance of the contested action unless the Administrator certifies that, in his/her opinion, by reason of facts stated in the certification, such stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed except by restraining order or preliminary injunction granted by the Superior Court of Edgecombe County in accordance with Rule 65 of the North Carolina Rules of Civil Procedure.

E.

Required Appeal Application Information: Such relevant information as may reasonably allow the Board of Adjustment to understand the basis for the applicant's appeal. The Administrator shall similarly prepare a report detailing the regulations and interpretation behind the matter being appealed and their reason for the decision.

F.

Public Notification: Levels 1 and 2.

G.

Formal Review: Formal review of an appeal of an administrative decision shall follow the procedure below:

1.

Upon receiving the application, the Board of Adjustment shall conduct a public hearing on the appeal. Any party may appear in person or be represented by an agent at the hearing.

2.

After conduction of the public hearing, the Board of Adjustment shall adopt an order reversing or affirming, wholly or in part, or modifying the order requirements, decision or determination in question. It shall take a 4/5ths majority vote of the Board of Adjustment to reverse or modify the contested action.

3.

The Board of Adjustment, in making its ruling, shall have all the powers of the Administrator from whom the appeal is taken, and may issue or direct the issuance of a permit.

4.

The decision of the Board of Adjustment must be in writing and permanently filed in the minutes of that reviewing body as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board of Adjustment, which must be delivered to parties of interest by certified mail.

H.

Appeals: Any appeal from a decision of the Board of Adjustment may be made by an aggrieved party and shall be made to the Superior Court of Edgecombe County in the nature of certiorari. Any such petition shall be filed with the clerk of the Superior Court within 30 days after the decision of the Board is filed with the Town Clerk, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the secretary or chairman of the Board at the time of its hearing of the case, whichever is later. The decision of the Board may be delivered to the aggrieved party either by personal service, registered mail, or certified mail return receipt request.

1.

Any appeal from a decision relating to sedimentation and erosion control shall be made to the North Carolina Sedimentation Control Commission.

15.7.3 VARIANCES

A.

Applicability: The variance process administered by the Board of Adjustment is intended to provide limited relief from the requirements of this Ordinance in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of the land in a manner that is otherwise allowed under this Ordinance.

B.

Sufficient Grounds for a Variance: It is not intended that variances be granted solely to remove inconveniences or financial burdens that the requirements of this Ordinance may impose on property owners in general or to increase the profitability of a proposed development, although such factors may be taken into consideration.

C.

Use Variance Not Permitted: In no event shall the Board of Adjustment grant a variance which would allow the establishment of a use which is not otherwise allowed in the zoning district in which the parcel of land is located, or which would change the zoning district classification or the district boundary of the property in question.

D.

Authority Limited to This Ordinance/Conflicts With Other Laws Prohibited: In no event shall the Board of Adjustment grant a variance which would conflict with any state code unless so authorized by laws and regulations.

E.

Process Type: Quasi-Judicial.

F.

Presubmittal Meeting: Every applicant for a variance is strongly encouraged to meet with the Planning Department in a presubmittal conference prior to the submittal of a request for a variance. The purpose of this conference is to provide additional information regarding the review process and assistance in the preparation of the application.

G.

Filing Procedure: An application for a variance may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application.

H.

Required Application Information: All information relevant to describing the applicant's request to the Board of Adjustment shall be submitted to the Administrator as part of the variance application.

I.

Public Notification: Levels 1, 2, and 4.

J.

Determination of Compliance: Staff shall review an application for a variance to determine if it is complete. If an applicant is complete, the Administrator shall schedule the matter for consideration at a meeting of the Board of Adjustment. The Administrator shall prepare a staff report regarding the submitted variance application.

K.

Formal Review: Formal review of a variance application shall follow the procedure below:

1.

Action by the Board of Adjustment:

i.

Upon receipt of the request for a variance from the Administrator, the Board of Adjustment shall hold a quasi- judicial hearing on the request.

ii.

After conduction the hearing, the Board of Adjustment may: deny the application, conduct an additional public hearing on the application, approve the application, or approve the application with additional conditions. A concurring vote of 4/5ths of the members of the Board of Adjustment shall be necessary to grant a variance.

iii.

A decision by the Board of Adjustment shall be made within 45 days of the date of the opening of the public hearing.

iv.

Any approval or denial of the request shall be accompanied by written findings of fact supporting the conclusion that the variances meets or does not meet each of the standards in § 15.7.3.K.2.

2.

Findings of Fact: The Board of Adjustment shall not grant a variance until it makes an affirmative finding of the following facts:

i.

Carrying out the strict letter of the Ordinance would result in an unnecessary hardship. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

ii.

The hardship results from conditions that are peculiar to the property, such as size, location, and topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.

iii.

The hardship did not result from actions taken by the applicant of the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.

iv.

The requested variance is consistent with the spirit, purpose, and intent of this Ordinance, such that the public safety is secured, and substantial justice is achieved.

L.

Additional Standards for Floodplain Development Variance Requests: Variances from the standards set forth in this Ordinance for flood damage prevention, as described in Chapter 12, may be granted subject to the following additional provisions:

1.

Any applicant to whom a variance from the flood damage prevention regulations in Chapter 12 of this Ordinance shall be given written notice specifying the difference between the base flood elevation and the elevation to which any structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased flooding risk resulting from the reduced lowest floor elevation. Such notification shall be maintained with a record of all variance actions.

2.

The Administrator shall maintain record of all approved variances from the flood damage prevention Ordinance and report them to FEMA upon request.

3.

In addition to the required findings of fact required for the approval of a variance in § 15.7.3.K.2, the Board of Adjustment must find in the affirmative that a variance from the flood damage prevention Ordinance:

i.

The danger that materials may be swept onto other lands to the injury of others;

ii.

The danger of life and property due to flooding or erosion damage;

iii.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

iv.

The importance of the services provided by the proposed facility to the community;

v.

The necessity of the facility of a waterfront location, where applicable;

vi.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

vii.

The compatibility of the proposed use with existing and anticipated development.

viii.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

ix.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

x.

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

xi.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

Upon consideration of the factors listed above and the purposes of this ordinance, the planning board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

M.

Additional Conditions: In granting any variance, the Board of Adjustment may attach such conditions to the approval as it deems necessary and appropriate to satisfy the purposes and objectives of this Ordinance. The Board of Adjustment may also attach conditions in order to reduce or minimize any injurious effect of such variance upon other property in the neighborhood and to ensure compliance with other terms of this Ordinance. Such conditions and safeguards must be reasonably related to the condition or circumstance that gives rise to the need for a variance.

N.

Appeal: Any appeal from a decision of the Board of Adjustment may be made by an aggrieved party and shall be made to the Superior Court of Edgecombe County in the nature of certiorari. Any such petition shall be filed with the clerk of the Superior Court within 30 days after the decision of the Board is filed with the Town Clerk, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the secretary or chairman of the Board at the time of its hearing of the case, whichever is later. The decision of the Board may be delivered to the aggrieved party either by personal service, registered mail, or certified mail return receipt request.

15.7.4 SPECIAL USE PERMITS

A.

Applicability: The special use permit is required for the replacement or repair of nonconforming situations as required in Chapter 13 of this Ordinance.

B.

Process Type: Quasi-Judicial.

C.

Permit Required Before Any Land Disturbing Activity: No land- disturbing activity shall take place until a special use permit has been approved.

D.

Public Notification: Levels 1, 2, 3, and 4.

E.

Presubmittal Meeting: Applicants for a special use permit must meet with the Administrator prior to the submittal of an application. The purpose of this meeting is to provide clarification and assistance in the preparation and submission of plats for approval. It is required that the applicant provide a Sketch Plan to the Administrator at least 7 days prior to the presubmittal meeting.

F.

Application: A completed application for a special use permit shall be submitted to the Board of Adjustment by filing the application with the Administrator.

G.

Application Contents: Existing Conditions, Special use Plan, as well as any other plans, drawings, renderings, elevations, maps, and documents specifically included as development documents for approval by the Planning Board.

H.

Staff Recommendation: When a complete application for a special use permit is submitted, it shall be accompanied by a report setting forth the Administrator's findings elaborating the applications compliance with this Ordinance, as well as any staff recommendations for additional requirements to be imposed by the Planning Board.

I.

Approval: The Board of Adjustment shall issue the special use permit unless it finds after reviewing the application that:

1.

The requested permit is for a use not permitted in the underlying zoning district as shown in the Table of Permitted Uses in Chapter 2 of this Ordinance; or

2.

The application is incomplete; or

3.

If completed as proposed in the application, the development will not comply with one or more requirements of this Ordinance, not including those requirements from which a variance has been granted or those the applicant is not required to comply with under the circumstances specific in Chapter 13 of this Ordinance.

4.

Even if the Planning Board finds that the application complies with all other provisions of this Ordinance, it may still deny the permit if it concludes, based on the information submitted at the hearing, that if completed as proposed the development, more probably than not:

a.

Will materially endanger the public health or safety; or

b.

Will substantially injure the value of adjoining or abutting property; or

c.

Will not be in harmony with the area in which it is to be located; or

d.

Will not be in general conformity with the land use plan, thoroughfare plan, or other plan officially adopted by the Town Council.

J.

Appeals: Appeals to the decision of the Planning Board shall be heard by the Superior Court in accordance with § 15.6.2.

K.

Permit Validity: Approval of a special use permit shall be valid for 2 years from the date of approval. If the approved special use permit provides for multiple phases within the subdivision, approval of a zoning permit for any one phase shall extend the special use permit approval for all other phases for a period of 2 years from the date of the zoning permit approved for that phase. If a zoning permit has not been obtained prior to the end of the 2-year period, the special use permit shall become void.

L.

Permit Extension: The Board of Adjustment may grant a single extension of the approved special use permit for a time period of up to one year upon submittal by the applicant of sufficient justification for the extension. Sufficient justification may include, but is not limited to, delays in other outside agency permits, financing institution delays, or other similar reasons beyond the control of the applicant.

M.

Substantial Changes: Any substantial changes to a special use permit as noted below shall be reviewed by the Board of Adjustment. The following changes are considered a substantial change:

1.

Modifications to special performance criteria, design standards, and other similar requirements.

2.

A change in land use or development type beyond what was permitted by the approved special use permit.

3.

Where there is introduction of a new vehicular access point to an existing street, road, or thoroughfare not previously designated for access.

4.

When there is an increase in the total number of residential dwelling units originally authorized in the special use permit.

5.

Any change which alters the basic development concept of the special use permit.

15.8.1 PURPOSE AND APPLICABILITY

The zoning vested right is a right which must be requested by the applicant at the time of submittal and is established pursuant to NCGS 160A-385.1 to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan. Obtaining a zoning permit approval through the vested rights procedure gives the applicant the right to start construction of the development as approved and an additional 2 years, or up to 5 years to begin and/or complete the work as appropriate.

15.8.2 VESTED RIGHTS PROCEDURES

A.

Process Type: Legislative.

B.

Presubmittal Meeting: The applicant shall meet with the Administrator prior to submitting an application to inquire about specific zoning requirements and obtain the proper application forms. The applicant shall be advised of all necessary information and requirements of the vested right procedure.

C.

Determination of Compliance: The Administrator shall review the application and accompanying site plan for compliance with the requirements of this Ordinance and all other applicable regulations and schedule the matter for a public hearing before the Town Council.

D.

Public Notification: Levels 1 and 4.

E.

Public Hearing: The Town Council shall hold a public hearing on the proposal. The applicant and other property owners likely to be materially affected by the application shall be given an opportunity to be heard.

F.

Town Council Decision: Following a public hearing, the Town Council shall take one of the following actions:

1.

Approve the vested rights request. The Administrator is then directed to issue a vested rights zoning permit.

2.

Approve the vested rights request subject to conditions which are necessary to protect the public health, safety, and welfare. The Administrator is then directed to issue the vested rights zoning permit subject to changes in the plan for development to be made by the developer.

3.

Table the vested rights request pending the submittal of additional information.

4.

Deny the vested rights request.

G.

Appeals: None.

15.8.3 VESTED RIGHTS DURATION—EFFECT OF APPROVAL

A.

Maximum Term: A zoning right that has been vested as provided in this section shall remain vested for a period of 2 years, or up to 5 years as approved by the Town Council.

B.

Building Permit/Preliminary Plan Required: Upon issuance of a building permit/preliminary plan approval, the expiration provisions for those permits shall apply, except that they shall not expire or be revoked because of the running time while a zoning vested right under this Section is outstanding. A zoning vested right shall terminate at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed.

C.

Town May Terminate Vested Rights Early: The Town may terminate the zoning vested rights upon payment to the affected landowner of compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of all financing and all architectural, legal and other fees incurred after approval by the Town.

D.

State or Federal Regulations Not Bound by Vested Right: The zoning vested right may be terminated upon the enactment or promulgation of a state or federal law or regulation that precludes development and contemplated in the site-specific development plan. In such case the Town Council, by ordinance, after notice and hearing, modify the affected provisions upon finding that the change in state or federal law has a fundamental effect on the plan.

E.

Shall Run with the Property: A zoning vested right is not a personal right but shall attach to and run with the applicable property. After approval of a site-specific development plan, all successor to the original landowner shall be entitled to exercise such right while applicable.

F.

Vested Right Not Exclusive: Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure to comply with the applicable terms and conditions of this approval or this Ordinance.

15.9.1 PURPOSE

A.

Development Agreements are intended to implement and be consistent with the with the goals and objectives of the Town of Tarboro.

B.

The objective of this Section is accomplished by authorizing Development Agreements in which a developer and the Town of Tarboro may ensure the adequacy of public facilities and encourage sound capital improvements planning while providing certainty in the process of obtaining development approval and reducing the economic costs of development by providing greater regulatory certainty.

C.

The purpose of this Section is to establish standards and procedures for entering into Development Agreements for long-term, large-scale scale developments with the following statements of intent:

1.

Large-scale development projects often occur in multiple phases extending over a period of years, requiring long-term commitment of both public and private resources.

2.

Such large-scale developments often create potential community impacts that are difficult to accommodate within the traditional zoning process.

3.

Because of their scale and duration, such large-scale projects often require careful integration between public capital facilities planning, financing, and construction schedules and the phasing of the private development.

4.

Because of their scale and duration, such large-scale projects involve substantial commitments of private capital by private developers, which private developers are unwilling to risk without sufficient assurances that development standards will remain stable through the extended period of the development.

5.

Because of their size and duration, such developments often permit communities and developers to experiment with different or nontraditional types of development concepts and standards, while still managing the impacts on surrounding areas.

6.

To better structure and manage development approvals for large-scale developments and ensure their proper integration into local capital facilities programs, local governments need the flexibility of negotiating such improvements.

7.

In negotiating for these developments, it is in the intent of the Town to remain consistent with the adopted plans, policies, and goals of the Town as they relate to land use and capital improvements.

15.9.2 APPLICABILITY

A.

The Town of Tarboro may enter into a development agreement with a developer, subject to the requirements and procedures set forth in this section. In entering into such an agreement, the Town may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law. If more than one local government is made party to an agreement, the agreement must specify which local government is responsible for the overall administration of the development agreement.

B.

The Town may consider requests to participate in development agreements for any development within the land use jurisdiction of the Town or adjoining jurisdictions in which the development impacts the communities or natural resources of the Town.

C.

For consideration of the Town to participate in development agreements, the following standards shall be met:

1.

The property in question must be developable property of any size.

2.

The duration of the development agreement shall not exceed a reasonable term as specified in the agreement.

3.

The estimated appraised value of the development (including all real property) at build-out shall equal or exceed $20,000,000.00, or will demonstrate that the proposed development will significantly enhance opportunities for very-low income or special populations, protect natural resources, or preserve critical watersheds within the Town.

4.

The development shall demonstrate the impact on existing and future public facilities.

15.9.3 DEVELOPMENT AGREEMENTS PROCEDURE

A.

Pre-Application Conference: See § 15.2.5, except that it shall be the responsibility of the Administrator to coordinate this pre-application conference. Additionally, the Town shall notify Edgecombe County and the Edgecombe County Board of Education of the proposed Development Agreement and invite participation.

B.

Application Submittal: In addition to the information required in this Chapter for the applicable process for the proposed development, the following information shall be a part of the Development Agreement application:

1.

A survey and legal description of the property and the tax parcel number(s) of the property;

2.

A signed affidavit by the property owner of record or other person having proprietary interest in the property authorizing the Development Agreement application;

3.

A written description of the proposed development and statement of objectives and reasons for the request;

4.

A copy of the proposed preliminary subdivision plan, site plan, phasing plan, or conceptual plan;

5.

An application for rezoning (if applicable);

6.

A draft development agreement that meets the requirements of this Section;

7.

Any other information required to provide a complete understanding of the proposed Development Agreement.

C.

Public Notification: Levels 1 and 4.

D.

Public Hearing: The Town Council shall hold a public hearing on the proposal. The applicant and other property owners likely to be materially affected by the application shall be given an opportunity to be heard.

E.

Post Action Actions and Limitations:

1.

Within 14 days after approving and entering into a development agreement, the Town shall record the agreement with the Edgecombe County Register of Deeds. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

F.

Relationship of Agreement to Other Regulations:

1.

This section does not preclude or supersede rights and obligations established in accordance with other laws regarding building permits site-specific development plans, phased development plans or other provisions of law. A development agreement shall not exempt the property owner or developer from compliance with the State Building Code or State or local housing codes that are not part of the Town's planning, zoning, or subdivision regulations.

2.

Unless the development agreement specifically provides for the application of subsequently enacted laws, the laws applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement.

3.

Except for grounds specified in NCGS 160A-385.1(e) the Town may not apply subsequently adopted ordinances or development policies to a development that is subject to a development agreement. In the event that state or federal law is changed after a development agreement has been entered into and the change prevents or precludes compliance with one or more provisions of the development agreement, the local government may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the development agreement, by ordinance after notice and a hearing.

4.

This section does not abrogate any rights preserved by NCGS 160A-385 or NCGS 160A-385.1, or that may vest in accordance with common law or otherwise in the absence of a development agreement.

G.

Approval of Debt: In the event that any of the obligations of the Town in the development agreement constitute debt, the Town shall comply, at the time of the obligation to incur the debt and before the debt becomes enforceable against the Town, with any applicable constitutional and statutory procedures for the approval of this debt. The agreement shall be signed by the Town Attorney, Finance Director, and Town Manager.

H.

Periodic Review: During any period of time in which a development permit is active, the Town shall review the development at least once every 12 months for compliance with the agreement. The Town shall notify the developer in writing of its findings if, in the discretion of the Town Manager, or designee, a breach of the agreement has occurred. The developer must be required to demonstrate good faith compliance with the terms of the development agreement. If the Town finds and determines that the developer has committed a material breach of the terms or conditions of the agreement, the Town shall serve notice in writing, within a reasonable time after the periodic review, upon the developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the developer a reasonable time in which to cure the material breach. If the developer fails to cure the material breach within the time given, then the Town unilaterally may terminate or modify the development agreement. The notice of termination or modification may be appealed to the Board of Adjustment in the manner provided by NCGS 160A-388(b1) within 30 days of such notice. An appeal stays all proceedings in furtherance of the action appealed from, unless the Planning Director, Town Manager, or designee certifies to the Board of Adjustment, after notice of appeal has been filed, that the situation would cause imminent peril, to life or property.

I.

Expiration, Termination, or Modification of Agreement: A development agreement may be amended or canceled only by mutual consent of the parties to the agreement or by their successors in interest. Major modification of the agreement shall follow the same procedures as required for initial approval of a Development Agreement. With the mutual consent of the other parties to the agreement, the Planning Director may approve minor modifications of the Development Agreement, without following the same procedures as required for initial approval of the agreement. Before doing so, the Planning Director shall make written findings that the proposed minor modifications would not significantly change the use, intensity, or design of the development, would be consistent with the purposes and goals of the agreement, would comply with this Ordinance, and would not adversely affect the public health, safety, or general welfare. Except as otherwise provided, any development agreement entered into and approved by the Town or other local government jurisdiction before the effective date of a change of jurisdiction shall be valid for the duration of the agreement, or eight (8) years from the effective date of the change in jurisdiction, whichever is earlier. The parties to the development agreement and the local government assuming jurisdiction have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the previous jurisdiction. The Town may modify or suspend the provisions of the development agreement if the Town determines that the failure to do so would place the residents of the territory subject to the development agreement, or the residents of the local government, or both, in a condition dangerous to their health or safety, or both.

15.9.4 DEVELOPMENT AGREEMENT REVIEW STANDARDS

A.

A development agreement shall meet and be subject to all requirements and provisions in G.S. § 160A-19.3D.

B.

A development agreement shall at a minimum include all of the following:

1.

A legal description of the property subject to the agreement and the names of its legal and equitable property owners.

2.

The duration of the agreement. However, the parties are not precluded from entering into subsequent development agreements that may extend the original duration period.

3.

The development uses permitted on the property, including population densities and building types, intensities, placement on the site, and design.

4.

A description of public facilities that will service the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development.

5.

A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions to protect environmentally sensitive land.

6.

A description of all local development approvals or permits approved or needed to be approved for the development of the property together with a statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction does not relieve the developer of the necessity of complying with the law governing their permitting requirements, conditions, terms, or restrictions.

7.

A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens.

8.

A description, where appropriate, of any provisions for the preservation and restoration of historic structures.

9.

An indemnification and "hold harmless" clause whereby the developer/property owner holds the Town and its agents harmless from liability for damages, injury or death, which may arise from the direct or indirect operations of the owner, developers, contractors and subcontractors, which related to the project.

C.

A development agreement may provide that the entire development or any phase of it be commenced or completed within a specified period of time. The development agreement must provide a development schedule, including commencement dates and interim completion dates at no greater than five-year intervals; provided, however, the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of the development agreement but must be judged based upon the totality of the circumstances. The developer may request a subsequent modification in the dates as set forth in the agreement.

In the event that the development agreement provides that the Town shall provide certain public facilities, the development agreement shall provide that the delivery date of such public facilities will be tied to successful performance by the developer in implementing the proposed development (such as meeting defined completion percentages or other performance standards). The development agreement may include other defined performance standards to be met by the developer. The development agreement may contain other matters not inconsistent with law.