Chapter 16
PLANNING AND DEVELOPMENT*
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* Cross References: Flood damage prevention, §§ 4-60 et seq.
State Law References: Zoning power, G.S. 153A-340; subdivision regulation power, G.S. 153A-330; mountain ridge protection, G.S. 113A-205 et seq.
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Art. I. In General, §§ 16-1--16-19
Art. II. Planning Board, §§ 16-20--16-39
Art. III. Subdivision Regulations, §§ 16-40--16-59
Art. IV. Historic Preservation Commission, §§ 16-60--16-100
Art. V. Sign Regulations, §§ 16-101--16-150
Art.
Art. VII. Watershed Protection, §§ 16-171--16-200
Art. VIII. Voluntary Farmland District, §§ 16-201--16-300
Div. 1. Generally, §§ 16-201--16-230
Div. 2. Agricultural Advisory Board, §§ 16-231--16-250
Div. 3. Public Hearings on Condemnation of Farmland, §§ 16-251--16-300
Art. IX.
ARTICLE I.
IN GENERAL
Secs. 16-1--16-5. Reserved.
Editors Note: Sections 16-1--16-5 have been deleted as being
superseded by an amendment adopted
Secs. 16-6--16-19. Reserved.
ARTICLE II.
PLANNING BOARD*
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*
Editors Note: An amendment adopted
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Sec. 16-20. Established.
The county planning board is hereby established under the authority granted in G.S. 153A-321 and 153A-322.
(Amend. of
Sec. 16-21. Membership.
The board shall consist of seven (7) members appointed by the board of commissioners. Two (2) members shall be appointed for a term of one (1) year; and two (2) members shall be appointed for a term of two (2) years; and three (3) members shall be appointed for a term of three (3) years. Their successors shall be appointed for three-year terms.
(Amend. of
Sec. 16-22. Organization; rules; meetings; records; unexcused absences.
(a) The chairman shall be appointed by the county commissioners for a term of one (1) year. The vice-chairman shall be elected by the planning board members and serve until his/her term expires.
(b) The board may adopt rules for transaction of its business and shall keep a record of its members' attendance and of its resolutions, discussions, findings, and recommendations, which record shall be a public record. The board shall hold at least one (1) meeting monthly; all of its meetings shall be open to the public. There shall be a quorum of four (4) members for the purpose of taking any official action.
(c) If an appointee has unexcused absences which constitute more than twenty-five (25) percent of the scheduled board meetings in any year in which he/she is required to attend, pursuant to his/her appointment, he/she is obligated to resign. Excused absences are defined as absences in which notification was made prior to the meeting to either the planner, chairman or committee secretary.
(Amend. of
Sec. 16-23. Powers and duties--Generally.
(a) The board may gather maps and aerial photographs, statistics on past trends and present conditions with respect to population, property values, the economic base, land use, and such other information as is important or likely to be important in determining the amount, direction, and kind of development to be expected in the area and its various parts.
(b) It shall be the duty of the board, in general, to:
(1) Prepare and from time to time, amend and revise a comprehensive and coordinated plan for the physical development of the area;
(2) Recommend principles and policies for guiding development of the area;
(3) Prepare and recommend to the board of commissioners ordinances promoting orderly development along the lines indicated in the comprehensive plan;
(4) Determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan for the growth and improvement of the area;
(5) Keep the board of commissioners and the general public informed and advised as to these matters;
(6) To perform any other duties which may be lawfully assigned by the Board of Commissioners.
(c) All county officials shall, upon request, furnish to the board such available records and information as it may require in its work. The board, or its agents, may, in the performance of its official duties, enter upon lands and make examinations or surveys and maintain necessary monuments thereon.
(Amend. of
Sec. 16-24. Same--As to subdivision regulations.
The board shall review, from time to time, the need for regulations for the control of land subdivision in the area and submit to the board of commissioners its recommendations, if any, for adoption or revision of such regulations.
(Amend. of
Sec. 16-25. Same--As to other ordinances and regulations.
The board shall review the general statutes pertaining to planning legislation and, from time to time, recommend to the board of commissioners the adoption of appropriate ordinances, regulations, and codes, and the appointing of desirable commissions.
(Amend. of
Sec. 16-26. Same--Public hearings and interest.
(a) The board may conduct such public hearings as may be required to gather information necessary for the drafting, establishment, and maintenance of the comprehensive plan or any other ordinance.
(b) The board shall have power to promote public interest in, and an understanding of, its recommendations, and to that end, it may publish and distribute copies of its recommendations and may employ such other means of publicity and education as it may determine.
(c) The board may, upon resolution of any governing board of municipalities within the county, extend its general study and interest and make reports and recommendations that are appropriate to facilities within the jurisdiction of such municipalities.
(d) The board may, in its discretion, meet with and confer with any other planning board.
(Amend. of
Sec. 16-27. Same--Annual report of activities.
(a) The board shall, in May of each year, submit in writing to the board of commissioners a written report of its activities. Interim reports will be made on request by the board of commissioners or as deemed necessary by the planning board.
(b) The expenditures of the board, exclusive of gifts or grants, shall be within the amounts appropriated for the purpose by the board of commissioners, and no indebtedness for which the county shall be liable shall be contracted or incurred by the board unless an appropriation is made by the board of commissioners for such purpose, as authorized by law, and then only to the extent of such appropriation.
(Amend. of
Sec. 16-28. Comprehensive plan, future revisions.
(a) The comprehensive plan, with accompanying maps, plats, charts, and descriptive matter, shall identify the planning board's recommendations to the board of commissioners for the future development and growth of the county. These recommendations shall include goals and objectives for the conservation of the county's distinctive rural character and mountain heritage; conservation of the county's valuable land, water and air resources; plans for having the best possible roads for the county, along with the promotion of alternative transportation; provision for and/or coordination of reliable and safe drinking water, wastewater treatment, and solid waste collection and disposal; support of affordable, safe, and adequate housing for all residents; planning and provision of appropriate public facilities and services for residents and businesses; and promotion of the best use of land while protecting citizen's property rights.
(b) The planning board shall review the comprehensive plan annually and shall submit to the board of commissioners its recommendations, if any, for adoption or revision.
(Amend. of
Sec. 16-29. Board of adjustment and appeal.
(a) Establishment. The county planning board is hereby designated as the county board of adjustment and appeal.
(b) Appeals. Appeals from any decision of the board of adjustment and appeal shall be directed to the chairman of the board of commissioners. Notice of appeal must be made to the chairman thirty (30) days after a decision has been rendered by the board of adjustment and appeal. After notification has been received, the board of commissioners shall hear the appeal within thirty (30) days.
(Amend. of
Cross References: See editor's note, § 16-1 et seq.
State Law References: Authority to so designate, G.S. 153A-345.
Secs. 16-30--16-39. Reserved.
ARTICLE III.
SUBDIVISION REGULATIONS*
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*
Editors Note: Articles I--IX of an ordinance of
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Sec. 16-40. Short title.
This article shall be known and cited as the "Subdivision Control Ordinance of Transylvania County, North Carolina," and may be referred to as the "Subdivision Regulations."
(Ord. of
Sec. 16-41. Authority and enactment clause.
Pursuant to the authority and provision conferred by the General Statutes of the State of North Carolina (Chapter 153A, Article 18), the Board of County Commissioners of the County of Transylvania hereby ordain and enact into law these articles and sections.
(Ord. of
Sec. 16-42. Jurisdiction.
This article shall apply to every subdivision or development in the county which is located outside the planning jurisdiction of a municipality, as established pursuant to G.S. Section 160A-360. The power to review plans shall be treated as if it were a power authorized by Article 19 of Chapter 160A of the General Statutes. Municipalities within the county may elect to allow this article to be effective within their corporate limits or their extraterritorial jurisdictions.
(Ord. of
Sec. 16-43. Purpose.
The purpose of this article shall be:
(1) To guide and regulate the subdivision and development of land in such a manner as to meet the following requirements for orderly and harmonious growth: Land to be subdivided shall be of such character that it can be used safely without danger to health or peril from fire, flood, erosion, air and/or water pollution, or other menace. Proper provisions shall be made for drainage, water supply, sewerage, high quality water legislation, sedimentation control, and other appropriate utilities. The proposed roads shall provide a safe, convenient and functional system for vehicular circulation and shall be of such width, grade, and location as to accommodate prospective traffic. Roads shall be so arranged as to afford adequate access for emergency vehicles and services. Land shall be subdivided and developed with due regard to topography so that the natural beauty of the land and vegetation shall be protected.
(2) To provide the county commissioners, planning board, planning department, and other local government agencies and officials with information regarding land development taking place in the county. This information will assist county officials in projecting the need for various public programs and facilities, in estimating population growth, and in projecting revenues and expenditures.
(Ord. of
Sec. 16-44. Definition of terms.
(a) Subdivision defined: A subdivision means all divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future), and includes all divisions of land involving the dedication of a new road or a change in existing roads; and includes any unified residential development; however, the following are not included within this definition and are not subject to any regulations enacted pursuant to this part:
(1) The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as shown in its subdivision regulations;
(2) The division of land into parcels greater than ten (10) acres if no road right-of-way dedication is involved;
(3) The public acquisition by purchase of strips of land for widening or opening roads;
(4) The division of a tract in single ownership, the entire area of which is no greater than two (2) acres into not more than three (3) lots, if no road right-of-way dedication is involved and if the resultant lots are equal to or exceed the standards of the county as shown by its subdivision regulations;
(5) The division of land for the purpose of conveying a single lot or parcel to each tenant in common, all of whom jointly inherited the land by intestacy or by will;
(6) The division of land into no more than two (2) parcels for the purpose of conveying at least one (1) of the resulting lots to a grantee(s) who would have been an heir(s) of the grantor if the grantor had died intestate immediately prior to the conveyance;
(7) The division of land pursuant to an order of a court of the General Court of Justice;
(8) The division of land for cemetery lots or burial plots; and
(9) The division of land for the purpose of changing the boundary line(s) between adjoining property owners and no new road right-of-way dedication is involved.
(b) Other definitions: For the purpose of this article, certain words or terms used herein are defined as follows:
All-weather surface road: A roadbed that supports routine vehicular traffic and has a minimum thickness of six (6) inches of compacted crushed rock or stone, including dust that does not exceed eighteen (18) percent grade.
Develop: To convert land to a new purpose so as to use its resources, or to use the land for residential, commercial, or industrial purposes.
Developer: Any person, firm, corporation, or duly authorized agent who develops land as defined herein.
Dwelling unit: A single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Easement: A grant by the property owner for the use by the public, a corporation, or person(s) of a strip of land for specified reasons.
Final plat: A complete and exact plan of a development or subdivision prepared for final official review which, if approved, will be submitted to the county register of deeds for recording.
Floodway: The channel of a river or other watercourse and the adjacent land areas which must be reserved in order to discharge the base flood (100-year flood) without cumulatively increasing the water surface elevation.
Land-disturbing activity: Any land-disturbing activity as defined in G.S. Section 113A-52(6) that is undertaken on a tract comprising more than one (1) acre, if more than one (1) contiguous acre is uncovered; however, those land-disturbing activities for which the state sedimentation control commission is authorized to exercise exclusive regulatory jurisdiction pursuant to G.S. Section 113A-56(a) are not included within this definition and are not subject to any regulations enacted pursuant to this act.
Lot of record: A lot which has not been recombined or merged that is a part of a subdivision, a plat of which has been recorded in the office of the register of deeds of the county prior to adoption of this article, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this article unless the lot has been recombined or merged thereafter.
Major subdivision: A proposed subdivision where eleven (11) or more lots will result after the subdivision is complete.
Minor subdivision: A proposed subdivision of land where four (4) to ten (10) lots will result after the subdivision is complete. One (1) phase of planned development cannot be considered a minor subdivision unless the entire development does not exceed ten (10) lots.
Plat: Includes the terms "map," "plan," or "replat"; a map or plan of a parcel of land which is to be or which has been developed or subdivided.
Preliminary plat: A proposed development or subdivision plan prepared for review and consideration prior to preparation of a final plat.
Private driveway: A shared right-of-way or easement for access to no more than three (3) lots in a special subdivision and no more than two (2) lots in either a minor or a major subdivision.
Road: A dedicated public or private right-of-way for routine vehicular traffic.
Cul-de-sac: Local roads with one (1) end open for vehicular access and the other end terminating in a vehicular turnaround. The length of the cul-de-sac road shall be measured along the center line from its intersection with the centerline of the road from which it runs to the center of the cul-de-sac turnaround.
Site plan: A development layout showing the location of all improvements and land-disturbing activities proposed as part of the development.
Special subdivision: A proposed subdivision where three (3) or fewer lots on a new or existing private driveway will result after the subdivision is complete.
Subdivider: Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision.
Unified residential development: A development consisting of more than three (3) dwelling units. Notwithstanding any provision of G.S. 153A-331, no county subdivision ordinance development standard shall apply to a unified residential development, except insofar as such a standard pertains to a direct access road(s) that will serve such development(s). By definition, the direct access road(s) ends at the point the parking lot begins. This, in no way, supersedes present or future fire code regulations.
(Ord. of
Sec. 16-45. Approval of subdivision plats.
(a) Approval required: Plats shall be prepared and approved pursuant to the provisions of this article whenever land is subdivided or otherwise developed. A final plat must be prepared, approved, and recorded pursuant to this article whenever a subdivision of land occurs or whenever the development of land takes place.
No land-disturbing or construction activity carried out in conjunction with the development shall be commenced until the preliminary plat or plan is approved by the planning board of the county or the county planning department. A building permit for work done in conjunction with a development or a lot in a subdivision shall not be issued until the final plat or plan is approved by the planning board of the county or the county planning department. The register of deeds shall not file or record a plat of a subdivision or development subject to this article that has not been approved in accordance with these provisions, and the clerk of superior court shall not order or direct the recording of a plat if the recording would be in conflict with this article.
(b) Procedure for review of special subdivisions:
(1) The subdivider shall submit to the county planning department the final plat and a copy for approval. Upon receipt, the planning department will affix a stamp indicating that the driveway is "approved as a special subdivision, the access is considered a private driveway." The subdivider shall dedicate a forty-five (45) foot right-of-way with each road or private driveway.
(2) The planning department shall approve, approve conditionally or disapprove the final plat within two (2) working days after the plat is submitted for review.
(3) The final plat shall contain the required information in subsections 16-45(e)(1) through (5) of this article.
(4) Failure of the planning department to act on the final plat within the specified response time shall be deemed as a basis for appealing to the county planning board.
(c) Procedure for review of minor and major subdivisions:
(1) Preliminary plat submission and review: The procedure for obtaining preliminary plat approval is as follows:
a. The subdivider shall submit to the county planning department two (2) copies of a preliminary plat containing the requested information required in section 16-45(e).
b. The planning department may request reports from the county health department, the county inspections department, the county soil and water conservation district, and other county or state officials or agencies as deemed necessary.
c. The planning department shall review the preliminary plat for general compliance with the requirements of this article and any other applicable county or state regulations; and shall discuss with the developer or his agent any changes deemed advisable in the proposed development, or any additional information necessary for approval of the minor or major subdivision.
d. The planning department shall approve, approve conditionally, or disapprove the preliminary plat and shall notify the developer, in writing, of its decision regarding approval within ten (10) working days after the preliminary plat is submitted for review.
(2) Final plat submission and review: Upon approval of the preliminary plat by the planning department, the developer may proceed with the preparation of the final plat and the installation of or arrangement for required improvements such as roads and utilities in accordance with the approved preliminary plat and the requirements of section 16-46 of this article. Prior to approval of the final plat, the subdivider shall have installed the improvements specified in this article or guaranteed their installation as provided herein.
a. The developer shall submit five (5) copies of the final plat to the planning department. One (1) copy of the final plat shall be on reproducible permanent material, which will be returned to the developer with the stamp of approval affixed to the plat, and four (4) copies shall be prints. A final copy will be presented to the county sheriff's department, the office of emergency medical services, and the U.S. Post Office.
b. The planning department shall approve, conditionally approve subject to modifications, or disapprove the final plat and shall notify the developer, in writing, of its decision regarding final approval within ten (10) working days after the plat is submitted for review.
c. The final plat shall be prepared by a registered land surveyor currently licensed in the state by the state board of registration for professional engineers and land surveyors. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G.S. 47-30 as amended, and as set forth in the Standards of Practice for Land Surveying in North Carolina, and in section 16-45(e) of this article.
(3) Failure of the planning department to act, in writing, on the preliminary or final plat within the specified response time shall be deemed as a basis for appealing to the county planning board.
(4) At the planning director's discretion, or at the developer's request, a preliminary or final plat may be submitted to the county planning board for its review and consideration.
(d) Certificates for minor and major subdivisions:
The following signed certificates shall be shown on the original tracing and all copies of the final plat:
(1) Certificate of Ownership and Dedication
I (we) hereby certify that I am (we are) the owner(s) of the property shown and described hereon, and that I (we) hereby adopt this plan of subdivision with my (our) free consent, and dedicate all roads and other sites and easements to public or private use as noted in the Disclosure of Private Roadways, where applicable.
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(2) Certification of Private Roads (if applicable)
The roads in this subdivision are private. The property owners are responsible for maintaining and repairing the roads as well as paying the costs thereof. Municipal and other government services may be restricted or not be furnished to the property of owners using private roads for access.
(3) Certificate of Survey and Accuracy
State
of
__________________________________
Registered Land Surveyor
Official Seal
_________________________________
Registration Number
I, ________, a Notary Public of the County and State aforesaid, certify that (name of registered surveyor) personally acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this ________ day of 19 ________.
________________________________
Notary Public
Official Seal
My commission expires _____________________________
(4) Certification of Road Grades and Suitability.
State
of
Witness my original signature, registration number, and seal this ________ day of ________, 19 ________.
_______________________________
Registered Land Surveyor
Official Seal
or
Professional Engineer
_______________________________
Registration Number
(5) Certificate of Approvals
I, _________________, Director of the Transylvania County Planning Department, certify that this final plat complies with the Subdivision Control Ordinance of Transylvania County.
_____________________________
Date
(6) Such approval shall be void unless the final plat is offered for filing and recording in the office of the register of deeds of the county within thirty (30) working days from the date of approval.
(7) If the planning board fails to act on the preliminary or final plat, in writing, within ten (10) working days, the subdivider may seek approval of the preliminary or final plat at the next regularly scheduled meeting of the planning board.
(e) Specifications for preliminary and final plats: The preliminary and final plats shall depict or contain the following information. An "*" indicates that the information is required for preliminary plat approval only. Where "proposed/actual" is noted, the proposed information shall be shown on the preliminary plat and the actual information shall be shown on the final plat. Preliminary and final plats shall be clearly and legibly drawn at a scale of not less than two hundred (200) feet to one (1) inch and shall be drawn on a sheet size of mylar acceptable to the register of deeds of the county.
(1) Title block:
a. Name and address of owner of record.
b. Name of subdivision.
c. Location (township, county, state).
d. Date(s) of survey(s).
e. Graphic scale and written scale.
f. Name, address, registration number, and seal of registered land surveyor.
g. Tax parcel identification number.
(2) Roads:
a. Existing and platted roads on abutting properties and in the proposed subdivision.
b. Right-of-way, location and dimensions (proposed/actual).
c. Road name(s).
(3) Utilities:
a. Utility and other easements of record on and abutting to the subdivision.
b. Transmission lines.
c. Approximate location of natural gas lines.
d. Sanitary sewers, location and size if community systems are proposed (proposed/actual).
e. Water lines, location and size, if community systems are proposed (proposed/actual).
f. Storm sewers, culverts, detention ponds, and other drainage facilities, if any (proposed/actual).
(4) Site calculations:
a. Acreage in total tract to be subdivided.
b. Total number of lots.
c. Linear feet in roads.
d. Area of each lot in acres.
(5) Other details:
a. Sketch vicinity map showing the relationship between the proposed subdivision and surrounding area.
b. Exact boundaries of the tract, shown with bearings and distances as required by G.S. 47 30, as amended (proposed/actual).
c. North arrow.
d. The location and name of all water courses, as identified on U.S.G.S. 7.5 minute series (topographic) maps.
e. Any natural features affecting the site.
f. The location of the flood hazard, floodway, and flood-fringe boundaries, if applicable.
g. Note all lots or building sites with an elevation of two thousand five hundred forty (2,540) feet above sea level or greater.
h. The location of any cemetery.
i. Existing buildings or structures, railroads, and bridges on the land to be subdivided.
j. Approximate lot lines and distances, and lot numbers(*).
k. Lot lines with bearings and distances and lot numbers.
l. Names of adjacent property owners.
m. The existing uses of the land within the proposed subdivision.
n. Proposed parks or open spaces.
o. Location of control corners.
p. The accurate location and description of all monuments, reference markers and property and lot corners.
(6) A written statement from the state department of environment, health and natural resources permitting plans for the community sanitary sewer system, if applicable (*).
(7) A written statement from the state department of environment, health and natural resources approving and permitting plans for a community water system, if applicable (*).
(8) A copy of the erosion control plan and a written statement from the state department of environment, health and natural resources stating that an erosion control plan has been submitted and approved for the project, if applicable (*).