42-339. Review for Major Subdivisions and Conservation Subdivisions of Three Hundred (300) or More Lots

  1. Approval Authority. Board of Commissioners.
  2. Approval Type. Map Amendment approval as a Conditional Zoning District.
  3. Application.
    1. Pre-application Conference. Each applicant shall meet with the Planning Director in a pre- application conference at least 15 days prior to the submission of any application for a major subdivision of 300 or more lots and accompanying map amendment application. The purposes of the conference are to: (1) acquaint the applicant with the application process, (2) review the sketch of the proposed development, (3) allow for the free exchange of information between the applicant and the Planning Director, (4) explore how the applicant intends to design the development, and (5) identify contemplated density levels, areas proposed for preservation and existing nature features on the property to be subdivided. The applicant should be prepared to discuss the development plans for the entire tract and any adjacent property under the same ownership. Each applicant shall bring to the pre-application conference a site analysis sketch which shall:
      1. Be prepared based on aerial photography, visual observations and an on-site inspection of the tract and which may be prepared (at the applicant’s request) with the general guidance of Planning Staff or professionally (although neither is required);
      2. Be at a scale which is clearly legible and provides sufficient detail to describe the general location of proposed development and the stated features for discussion purposes; and
      3. Identify (for the entire tract) the following features: streams, creeks, ponds, reservoirs, floodplains, wetlands, steep slopes (those greater than 60 percent), unique natural areas, rock outcroppings, farmland, pastureland and wooded/forested areas.
    2. Application. Applications, including all application materials (subdivision and map amendment), master plan(s) (see §42-340 (Master Plans)) and/or development plan(s) (see §42-341 (Development Plans)) shall be submitted on or before the date required by the Planning Department for review at the next Planning Board meeting. The map amendment application shall also include: (1) the name(s) and address(es) of the owner(s) of the property in question; (2) the location of the property; (3) the PIN as shown on the County tax listing; (4) a description/statement of the present and proposed district; (5) a description of the property in question sufficient to unequivocally describe and identify said property (such description may take the form of a property survey, a legal description or a legible copy of a County cadastral or composite tax map clearly annotated with district lines which follow political boundaries, geographical features or property lines); and where an applicant chooses to appoint an agent to speak on their behalf, (6) an agent form. In the opinion of the Planning Director if an application is incomplete, the Planning Director may return the application to the applicant identifying the specific omissions, without invoking the review time requirement. The Planning Director may modify applications as necessary. Incomplete applications must be resubmitted on or before the date required by the Planning Department for review at the next Planning Board meeting.
    3. Review Schedule. Applications for major subdivisions of 300 or more lots shall have a minimum 45 day processing period for review by the Planning Director before the first consideration by the Planning Board. Applications involving more than one (1) parcel not under common ownership by the applicant shall be forwarded to the Board of Commissioners at its first regularly scheduled monthly meeting. (The Board of Commissioners will review the application and determine if it should proceed or, due to the size of the area, number of parcels or number of property owners, if the scope of the application will require a Small Area Zoning Study. If the Board of Commissioners agrees that the application calls for a Small Area Zoning Study, a directive for such will be issued by the Commissioners and direction will be provided as to how to proceed with the amendment application).
    4. Withdrawal of Application. Each application for a major subdivision of 300 or more lots which is withdrawn by the applicant after the first newspaper notice appears shall not be considered for a map amendment within the following six (6) months.
    5. Application Resubmittal. The Planning Board and the Board of Commissioners will not consider an application (by a property owner or owner’s agent) when, within the previous 12 months, the map amendment request was denied by the Commissioners.
    6. Fees. Any review fee established by the Board of Commissioners shall be submitted with the application.
  4. Staff Review. The Planning Director shall: (1) process and review the subdivision application, master plan and/or development plan(s), and map amendment request; (2) present the application to the TRC for its comments and recommendations; (3) schedule the matter for consideration by the Planning Board and notify the applicant (in writing) of that time; (4) forward a copy to any review agency for information purposes or for comment; and (5) prepare a recommendation on the proposed amendment. Formal review of the major subdivision of 300 or more lots shall not begin until the Planning Director has verified that the application is complete. Such verification should, when possible, be made within three (3) business days of its receipt.
  5. Neighborhood Compatibility Meeting. A neighborhood compatibility meeting is required. See §42-372. Neighborhood Compatibility Meeting.
  6. Formal Review. The Planning Director shall prepare a recommendation on the application and supply a copy of the recommendation to the applicant before review by the Planning Board. Prior to amending the Official Zoning Map, the Commissioners shall consider the Planning Board’s recommendation which must be in writing and must address consistency with the Comprehensive Plan. The Planning Board shall have 45 days after the first consideration of an application for a major subdivision of 300 or more lots to submit its written recommendation to the Commissioners. Failure of the Planning Board to submit a written recommendation within the 45 day period shall constitute a favorable recommendation, except that, if by agreement of the Planning Board and the applicant that 45 days is insufficient due to the size of the area, the complexity of the request or similar circumstances, the Planning Board shall have 60 days to submit its written recommendations.
  7. Public Hearing. Prior to amending the zoning map the Commissioners shall hold a public hearing on the amendment in accordance with NCGS §160D-601, as amended (See §42-370 (Legislative Process Standards)).
  8. Public Notification. Public notification of the Planning Board meeting shall comply with the provisions outlined in §42-370 (Legislative Process Standards) B (5) (Posted Notice), for posted notices. Public notification of the Commissioners public hearing shall comply with the provisions of NCGS §160D-602, as amended (See §42-370 (Legislative Process Standards)). Planning Staff shall be responsible for all necessary public notifications.
  9. Amendment Validity. The amendment is effective immediately following the decision of the Commissioners. The Commissioners shall issue a written statement on all map amendment decisions (both adoptions and rejections) addressing reasonableness, consistency with the Comprehensive Plan, and public interests furthered. Subsequent development plans shall be reviewed and approved by the Board of Commissioners. However, the Commissioners may delegate this approval authority, on a project by project basis, to the Planning Board or Subdivision Administrator provided all conditions of approval are met and the development plan is consistent with the approved master plan. Development plans shall meet all requirements of this Chapter. Final plats shall be reviewed following the processes and procedures outlined in §42-75 (Approval for Subdivision Plats) and §42-342 (Final Plat Review).