§ 46-43. Major subdivision preliminary plat submission and review.

(a)

Applicability. These requirements shall pertain to major conventional subdivisions only. The submission procedure and content requirements for preliminary plats for conservation subdivisions is outlined in section 46-44.

(b)

Submission procedure.

(1)

Following receipt of recommendations by the subdivision administrator, the subdivider shall submit a preliminary plat which shall first be submitted to the subdivision administrator. The number of lots on the preliminary plat may not exceed by five percent the number of lots on the sketch plan. Should they exceed five percent, a new sketch plan shall be filed with the subdivision administrator.

(2)

At least 14 copies of the preliminary plat shall be submitted to the subdivision administrator. The subdivider shall also submit a fee in accordance with a fee schedule adopted by the town council. No application shall be complete or processed by the subdivision administrator unless accompanied by said fee. In addition, the town shall be reimbursed by the subdivider for all costs associated with the town's engineering and/or consulting services with respect to review of the preliminary plat prior to preliminary plat approval. One copy of the preliminary plat shall be on reproducible mylar material.

(3)

The preliminary plat shall be of a size suitable for recording with the appropriate county register of deeds and shall be at a scale of not less than one inch equals 200 feet. The preliminary plat shall be prepared by a registered land surveyor currently licensed and registered by the state board for professional engineers and land surveyors. Maps may be placed on more than one sheet with appropriate match lines.

(4)

Preliminary plats shall meet the specifications in section 46-46.

(5)

With subdivisions where individual septic tanks are the proposed method for wastewater treatment, the preliminary plat shall be accompanied by a report of site suitability for individual wells and septic tanks and soil suitability for septic tank drainfields. The report shall contain all of the information required in subsection 46-42(d) with respect to soil suitability for septic tank drainfields including findings of any subsequent borings made. The report shall contain a written finding stating that each lot contains, separate from an adequate building site (meeting all setbacks required by the town), a septic tank drainfield, drainfield repair area, and well site all meeting state regulations. The septic tank drainfield and drainfield repair area must be located either on the same lot as the principal residence for which it is designed, or on a lot designated as a non-buildable septic lot, or in common open space, or within conservation land. Where a non-buildable lot is used, the lot shall contain at least one vacant septic tank field in the result of a septic tank failure. The septic lot will be clearly noted as non-buildable until all septic drainfields and drainfield repair areas are no longer in use, such as when the homes have connected to a public water sewer system. The report shall contain a map of the subdivision showing the following:

a.

All streets and property lines;

b.

Proposed building area for each lot;

c.

Septic tank drainfield;

d.

Site and repair area for each lot; and

e.

Proposed well site for each lot.

(6)

The report shall be prepared by a qualified soil scientist and the qualifications of the soil scientist shall be documented in the report. The report shall include the description of soils in accordance with N.C. Admin Code, title 10, chapter 10, subchapter 10A, and the U. S. Department of Agriculture Handbook Number 18, Soil Survey Manual.

(7)

The report shall include a description of soil color, using the Munsell Soil Color Charts, published by Munsell Color, Macbeth Division of Kollmorgen Corporation.

(8)

The report shall draw conclusions as to the suitability of septic systems as derived from the testing, color and type of soil for each sample of soil taken.

(9)

Approval of the proposed lots for septic tanks by the county health department shall be acceptable in lieu of the soils test requirement.

(10)

The subdivision administrator shall review the preliminary plat to ensure it is complete and will notify the subdivider if it is incomplete in any respect. If the subdivision administrator notifies the subdivider that the preliminary plat is incomplete, the subdivider must complete the preliminary plat before any further review will occur.

(c)

Review by health department and other agencies.

(1)

Once the preliminary plat has been received by the subdivision administrator, he shall determine the agencies to which the preliminary plat shall be submitted for review and recommendation. The subdivision administrator shall prepare a form cover letter for each agency to which the preliminary plat shall be submitted. The letter shall state the date of the planning board meeting at which the preliminary plat is expected to first be considered. All preliminary plats and soils information shall be submitted to the appropriate county health department and natural resource conservation service for review of suitability of the land for septic tanks and wells and for other considerations as appropriate. All preliminary plats and accompanying street information shall be submitted to the office of the district engineer of the state department of transportation. The subdivision administrator shall determine other agencies for preliminary plat review, as appropriate, including, but not limited to, the state department of natural resources and community development (including appropriate individual agencies within said department), the appropriate public works department, and the appropriate county board of education.

(2)

At least 15 days prior to the planning board meeting at which the preliminary plat is expected to first be considered, the subdivider shall deliver the preliminary plat copies along with the form cover letter to the agencies which the subdivision administrator determined should review the preliminary plat.

(d)

Review procedure.

(1)

After reviewing the preliminary plat, the subdivision administrator may provide the subdivider with comments on the preliminary plat. If the subdivider intends to amend the preliminary plat as a result of any comments provided by the subdivision administrator, the subdivider shall notify the subdivision administrator of his intent to amend the preliminary plat within 15 calendar days after receiving those comments. After the subdivider submits any amended preliminary plat, the subdivision administrator will review the amended preliminary plat to ensure that it is complete, and the subdivision administrator may provide the subdivider with comments on the amended preliminary plat. In the subdivision administrator's discretion, he may resubmit any amended preliminary plat to appropriate agencies for their review.

(2)

The preliminary plat shall be deemed ready for submission to the planning board at such time that the most recent version of the preliminary plat is complete, the subdivision administrator has received sufficient comments on the preliminary plat from all appropriate agencies, and either the subdivision administrator completed his review of that version and did not provide the subdivider with any comments or the subdivision administrator provided the subdivider with comments on that version but the subdivider did not notify the subdivision administrator within the 15-calendar-day time period, provided that he intends to amend the preliminary plat.

(3)

The subdivision administrator shall submit the preliminary plat to the planning board at their next regularly scheduled meeting that occurs at least 15 days after the preliminary plat is deemed ready for submission in accordance with this section. The planning board by majority vote may shorten or waive the time provided in this article for receipt of a completed conditional use preliminary plat.

(4)

The subdivision administrator shall submit a written report including comments of the review agencies and his comments to the planning board in advance of its meeting. If the subdivision administrator disapproves the preliminary plat, the reasons for such disapproval shall be specified in the report. One copy each of the plat and the report shall be forwarded to the planning board, one copy each shall be retained by the subdivision administrator and one copy each shall be returned to the subdivider.

(5)

The planning board shall, in writing, recommend approval, conditional approval with recommended changes to bring the plat into compliance, or disapproval with reasons within 30 days of its first consideration of the plat or at its next regularly scheduled meeting following the meeting at which the plat was first considered, whichever occurs later.

(6)

If the planning board recommends approval of the preliminary plat, it shall retain one copy of the plat for its minutes and transmit two copies of the plat to the town council with its recommendation.

(7)

If the planning board recommends conditional approval of the preliminary plat, it shall keep one copy of the plat for its minutes, transmit two copies of the plat and its recommendation to the town council, and return the remaining copy and its recommendation to the subdivider.

(8)

If the planning board recommends disapproval of the preliminary plat, it shall retain one copy of the plat for its minutes, transmit one copy of the plat and its recommendation to the town council, and return the remaining copy of the plat and its recommendation to the subdivider.

(9)

If the preliminary plat is disapproved, the subdivider may make the recommended changes and submit a revised preliminary plat, or appeal the decision to the town council.

(10)

If the planning board does not make a written recommendation within the time set forth above for its consideration of the plat, the subdivider may apply to the town council for approval or disapproval.

(11)

If the town council approves the preliminary plat, such approval shall be noted on two copies of the plat. One copy of the plat shall be filed by the subdivision administrator and one copy shall be returned to the subdivider. If the town council approves the preliminary plat with conditions, approval shall be noted on two copies of the plat along with a reference to the conditions. One copy of the plat along with the conditions shall be retained by the town council, and one copy of the plat along with the conditions shall be returned to the subdivider. Once these conditions are met, the plat shall be resubmitted for approval by the town council and shall be filed in the town office by the subdivision administrator. If the town council disapproves the preliminary plat, the reasons for such disapproval shall be specified in writing. One copy of the plat and the reasons shall be retained by the town council, and one copy shall be returned to the subdivider. If the preliminary plat is disapproved, the subdivider may make such changes as will bring the preliminary plat into compliance and resubmit the same for reconsideration by the planning board and town council.

(Ord. No. 04-09-13, § 308, 9-13-2004; Ord. No. O-2006-16, 8-14-2006; Ord. No. O-2014-22, 12-8-2014)