§ 38-64. Procedure and conditions for approval.

(a)

Minor subdivision preliminary sketch.

(1)

Generally. The planning board shall determine whether the preliminary sketch meets the policy, purposes and standards established by this chapter and shall, where it deems it necessary, make specific recommendations in writing to be incorporated by the subdivider prior to planning board approval of the preliminary sketch. The planning board shall submit its findings and recommendations to the board of commissioners at their next regularly scheduled meeting of the following month. The board of commissioners may approve, reject or grant conditional approval of the preliminary sketch.

(2)

Conditional approval. If conditional approval is granted, the board of commissioners shall state the conditions in writing to the subdivider. The fulfillment of these conditions and the incorporation of such conditions into the preliminary sketch shall be determined by the secretary of the planning board in accordance with the instructions of the board of commissioners. At such time the board of commissioners' approval shall become final as to the preliminary sketch.

(3)

Date; copies. The date of final preliminary sketch approval shall be noted on all copies of the preliminary sketch by the secretary of the planning board. Upon final approval of the preliminary sketch, the secretary of the planning board shall distribute copies as provided in section 38-66.

(4)

Minor subdivisions forming part of major subdivision. The planning board shall not recommend nor shall the board of commissioners approve any preliminary sketch for a minor subdivision which is an integral part of an overall development scheme for a major subdivision. The board of commissioners, in its discretion, when it deems it necessary for the protection of the public health, safety and welfare, may require that a minor subdivision comply with all or some of the requirements specified for a major subdivision, in which case the subdivider must submit a preliminary plat, as in the case of a major subdivision and in accordance with subsection (b) of this section and 38-65.

(5)

Attendance of subdivider at planning board meeting. The subdivider or his duly authorized representative shall attend the meeting of the planning board to discuss the subdivision preliminary sketch. Failure to attend shall postpone the date of submission until such attendance occurs.

(6)

Time for decision of board; failure of board to approve within period. The planning board shall, within 45 days from the date of submission of the preliminary sketch to such board, submit its findings and recommendations to the board of commissioners. If the planning board should fail to act within this period, the subdivider may seek approval of the board of commissioners at their next regularly scheduled meeting of the following month.

(7)

Commencement of improvements; resubmission on rejection. Upon final approval of the preliminary sketch, the subdivider may commence construction of improvements; provided, however, that the subdivider has met the requirements of other applicable statutes, ordinances and this chapter. A preliminary sketch which is rejected may be resubmitted in accordance with section 38-61, at the option of the subdivider and after it has been revised to conform to the regulations of this section.

(b)

Major subdivision preliminary plat.

(1)

Generally. The planning board shall determine whether the preliminary plat meets the policy, purposes and standards established by this chapter and shall study its practicability, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands, construction plans, erosion control plans, and the requirements of the master plan and the official map, if such exist, the zoning chapter and this chapter. The planning board shall submit its findings and recommendations to the board of commissioners at their next regularly scheduled meeting. The board of commissioners may approve, reject or grant conditional approval of the preliminary plat. The planning board or the board of commissioners, in its discretion, if it deems that health and sanitary conditions in the area, the subdivision plans and planned population density warrant, may require percolation tests of the soil by the subdivider and the installation of appropriate sanitary and waste disposal facilities as a condition of approval. For any major subdivisions of land within the town's SED-80 district, the subdivider shall be required to submit to the town an environmental assessment in accordance with the terms, guidelines, policies and conditions of G.S. ch. 113A. If a completed environmental assessment demonstrates to the satisfaction of the town that the subdivision has the potential to result in a significant adverse effect on the quality of the environment, the developer shall prepare, in accordance with G.S. ch. 113A, and submit to the town an environmental impact statement. The town may submit all documents to the state clearinghouse for review of adequacy and consideration by appropriate state permitting agencies.

(2)

Conditional approval. When recommending conditional approval of a preliminary plat, the planning board shall state in writing the conditions of such approval, if any, with respect to:

a.

The specific changes which it will require in the preliminary plat;

b.

The character and extent of these required changes; and

c.

The amount of all bonds which will be required as a prerequisite to the approval of the preliminary plat.

Conditional approval of a preliminary plat shall not constitute approval of the final subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final plat, which will be submitted for approval of the planning board, and for recording upon fulfillment of the requirements of this chapter and the conditions of the conditional approval, if any. The planning board or the board of commissioners may require additional changes as a result of further study of the subdivision plans or as a result of new information obtained subsequent to the time of conditional approval. The fulfillment of these conditions and the incorporation of these conditions into the preliminary plat shall be determined by the secretary of the planning board in accordance with the instructions of the board of commissioners. At such time the board of commissioners' approval shall become final, as to the preliminary plat, and the secretary shall so signify on the plat.

(3)

Notation of approval of preliminary plat. The date of final preliminary plat approval shall be noted on all copies of the preliminary plat by the secretary of the planning board.

(4)

Certification of water and sewer approval; erosion control. As a specific prerequisite to approval of the preliminary plat, the subdivider must exhibit an endorsement showing tentative approval of water and sewer facilities by the county department of public health, and also exhibit plans, satisfactory to the planning board, for the control of erosion within the proposed subdivision, particularly as related to the control of shifting sand by winds and water.

(5)

Time for decision of board; failure of board to decide. The planning board shall, within 45 days from the date of submission of the preliminary plat, submit its findings and recommendations to the board of commissioners. If the planning board should fail to act within this period, the subdivider may seek approval of the board of commissioners at their next regularly scheduled meeting of the following month.

(6)

Attendance of subdivider at board meeting. Attendance of the subdivider or his representative is not required at the meeting of the board of commissioners unless the board of commissioners makes such requirement on a case-by-case basis.

(7)

Commencement of improvements. Upon final approval of the preliminary plat, the subdivider may commence construction of improvements; provided, however, that the subdivider has met the requirements of all other applicable statutes, ordinances and this chapter.

(8)

Resubmission after rejection. A preliminary plat which is rejected may be resubmitted for reconsideration in accordance with section 38-61, at the option of the subdivider and after it has been revised to conform to this chapter.

(Code 1990, §§ 18-54, 18-55)