Sec. 10.2.5. Subdivision Review

Image

1. Applicability
   Except as expressly exempted below, no land shall be subdivided within the City or within the City's extraterritorial jurisdiction until:
   1. A preliminary subdivision plan has been submitted and approved as provided in Sec. 10.2.5.E.; and
   2. Infrastructure Construction Plans have been submitted and approved; and
   3. A final plat has been submitted and approved as provided in Sec. 10.2.5.F.; and
   4. The approved final plat has been filed and recorded with the local register of deeds office where the property is located.
2. Exemptions
   The following are exempt and are not subject to subdivision review under this section and the requirements of Chapter 8. Subdivision & Site Plan Standards, unless otherwise provided.
   1. The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the applicable zoning district.
   2. The division of land into parcels greater than 10 acres where no right-of-way dedication is involved.
   3. The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors.
   4. City of Raleigh right-of-way easement acquisition plats.
3. Limitations on Subdivision Approval
   1. No subdivision shall be approved on any parcel of a parent tract when general forestry has occurred on the parent tract and the perimeter buffers under Sec. 9.1.10.C. were removed or substantially removed within the last 5 years.
4. Pre-Application Conference
   Before submitting an application for subdivision approval, an applicant shall schedule a pre-application conference with the Development Services Director to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the Development Services Director.
5. Preliminary Subdivision Plan Approval Process
   1. Application Requirements
      1. An application for preliminary subdivision plan approval shall be submitted in accordance with Sec. 10.2.1.B.
      2. The following forms must be filled out completely in order to process an application for preliminary subdivision plan approval:
         1. Preliminary Subdivision Plan Application;
         2. Design Adjustment Request, if applicable (see Sec. 10.2.18.); and
         3. Any Waiver Request.
   2. Development Services Department Action
      1. Development Services has the authority to approve preliminary subdivision plans without review by either the Historic Development Commission or the Board of Adjustment except in the following situations in accordance with Sec. 10.1.8.:
         1. The preliminary subdivision plan is within a Historic Overlay District or of a designated Historic Landmark; or
         2. A Variance Request is filed.
      2. After an application has been determined complete, Development Services shall give notice of pending review in accordance with Sec. 10.1.8. If subsequent to the filing of a completed application, a waiver from the Board of Adjustment is requested, Development Services shall give notice of the requested waiver in accordance with Sec. 10.1.8.
      3. In reviewing the preliminary subdivision plan, Development Services shall consult with the Public Utilities, City Planning, Engineering Services, Parks and Cultural Resources, Transportation and Fire Departments to check the proposed preliminary subdivision plan against the requirements of the City Code and other applicable technical requirements of the City.
      4. Following review of the preliminary subdivision plan for compliance with the City Code and other applicable technical requirements of the City, Development Services shall approve, approve with conditions or deny the preliminary subdivision plan. Development Services shall keep written records of any action taken.
   3. Action Following Development Services Department Decision
      1. Following the date of the final action, notice of a decision on an administratively reviewed preliminary subdivision plan shall be provided as set forth in Sec. 10.2.1.C.6.
      2. Within 30 days after the date of the decision on a preliminary subdivision plan, an appeal of Development Services' action may be filed with the Board of Adjustment as set forth in Sec. 10.2.11.
   4. Action Following Preliminary Subdivision Plan Approval
      1. A copy of the preliminary subdivision plan, conforming to all conditions of approval, shall be submitted to Development Services, which shall distribute copies to other City departments as necessary.
      2. An application for infrastructure construction plan approval shall be submitted in accordance with Sec. 10.2.1.B. The following forms must be filled out completely in order to process an application for construction drawing approval:
         1. Infrastructure Construction Plan Application; and
         2. A Phasing Plan in accordance with the standards of Sec. 10.2.5.E.7.
      3. No construction of development-related improvements shall commence until all required construction drawing plans, profiles and specifications have been reviewed and approved by the City or other governmental approving agency and all necessary permits issued.
   5. Revisions to an Approved Preliminary Subdivision Plan
      1. Minor revisions to an approved preliminary subdivision plan that reflect the same basic street and lot configurations as used for the original approval may be approved by the Development Services Director.
      2. Any request for a revision to an approved preliminary subdivision plan that increases the number of building lots, decreases the amount of common open space or alters a road pattern shall be initiated and processed as a new application for preliminary subdivision plan approval.
   6. Phasing
      1. If not otherwise set out as part of the preliminary subdivision plan, lots may be recorded and public improvements may be constructed in phases.
      2. The Development Services Director shall ensure that the phasing plan is in accordance with the approved preliminary subdivision plan, this UDO, resolutions of the City Council, and conditions of approval.
      3. The phasing plan shall indicate timing of the construction of public improvements in such a way that the number of lots in each phase is reasonably proportional to the amount of development-related improvements in each phase and that rights-of-way and utility easements are extended in the initial phase of development to all adjacent lots that do not have public street access or access to public utilities.
      4. The number of dwelling units in recorded phases complies with the density requirements of this UDO.
      5. In the recorded phase, all setbacks, neighborhood transition zones, transitional protective yards and other special yard areas are met.
      6. In the recorded phase, off-street parking requirements for the developed portion are observed.
      7. In the recorded phase, the amount of required open space is proportionate to the percentage of land being recorded.
      8. The recorded phase conforms to all of the requirements for a legal lot.
      9. Unrecorded phases may contain inappropriate densities, setbacks, offstreet parking spaces and required open space, provided any such phase at the time of its recordation is combined with other recorded phases of the development so that the combined properties together conform to the density, setback, off-street parking and open space requirements of this UDO.
      10. Any residual portion of development complies with the requirements of a legal lot, including its authorization as a subdivided lot and the following:
          1. Total acres (gross) recorded;
          2. Total acres of right-of-way approved;
          3. Total acres of right-of-way dedicated;
          4. Total acres (net) approved;
          5. Total acres (net) recorded;
          6. Total acres of open space approved; and
          7. Total acres of open space recorded.
      11. Amendments to the phasing plan may be made in conjunction with the review of construction plans, but an updated copy of the new phasing plan must be submitted and placed in the case file maintained by the Development Services Director. If the extent of the amendments has an impact on more than one phase, then a revised preliminary plan will be required.
   7. Sunsetting of a Preliminary Subdivision Plan
      1. Within 3 years after approval of the preliminary subdivision plan, at least ½ of the gross land area shown on the preliminary subdivision plan must have a final subdivision plat recorded in the local register of deeds office where the property is located and all remaining portions of the preliminary subdivision plan shall have the final subdivision plat recorded in the local register of deeds office where the property is located within five years from the approval date of the preliminary subdivision plan.
      2. Failure to record final subdivision plats for an approved preliminary subdivision plan within the required time constraints shall automatically void the unrecorded portions of the preliminary subdivision plan unless the Development Services Director finds that all of the following are met:
         1. A written request for an extension has been made to the Development Services Director prior to the expiration period;
         2. Unrecorded portions of the preliminary subdivision plan shall conform to all ordinances, laws and City Council resolutions in effect at the time of the requested extension;
         3. The preliminary subdivision plan considers and respects the practical limits of public facilities and services such as stormwater, water and sewer lines, streets, fire, public safety and trash collection;
         4. The applicant has provided the most recent City of Raleigh inspection report from the Engineering Services Department demonstrating that the site is currently in compliance and that any previously graded or cleared portion of the site which is not currently under construction is currently and appropriately stabilized to prevent erosion and sediment erosion control problems during the requested extension period; and
         5. No other extension has been granted.
      3. If all the requirements of Sec. 10.2.5.E.7.b. above are met, the Development Services Director shall permit only one 3-year extension calculated from the date the request for extension is approved by the Development Services Director.
6. Final Subdivision Plat Approval Process
   1. Applicability
      1. All divisions of land not exempted in Sec. 10.2.5.B. shall require final subdivision plat approval as set forth below.
      2. The final subdivision plat shall constitute one or more phases of the approved preliminary subdivision plan.
      3. Approval of the final subdivision plat shall be subject to the installation, acceptance, warranty and as-built drawing of the improvements required in Chapter 8. Subdivision & Site Plan Standards or the posting of a construction surety as set forth in Sec. 8.1.3.
   2. Submittal Requirements
      1. An application for final subdivision plat approval shall be submitted in accordance with Sec. 10.2.1.B.
      2. The following forms must be filled out completely in order to process an application for final subdivision plat approval:
         1. Recorded Map Application; and
         2. Recorded Map Checklist.
      3. The final plat submission shall contain all of the following.
         1. The inclusion of all required items as provided in the Recorded Map Application, Recorded Map Checklist and any other checklist contained within the final subdivision plat application forms.
         2. Compliance with all requirements of N.C. Gen. Stat. §47-30.
         3. A metes and bounds description of all required easements.
         4. Executed copies of all legal instruments required by the City in association with development approval.
         5. Posting of a construction surety as set forth in Sec. 8.1.3. for improvements which are not accepted for public maintenance by the City.
         6. Tree conservation plats for approved preliminary subdivisions 2 or more acres in size.
         7. The final plat and all dedication plats shall contain a ownership certification that certifies and warrants that the undersigned is (are) the sole owner(s) of the property shown on the map or plat and any accompanying sheets having acquired the property in fee simple by deed(s) recorded in the county register of deeds office where the property is located and as such has (have) the right to convey the property in fee simple and that the dedicator(s) hereby agree to warrant and defend the title against any claims of all persons whomsoever excepted as specifically listed herein and that by recording this plat or map I ( we) do irrevocably dedicate to the City of Raleigh for public use all streets, easements, rights-of-way, parks and greenways (as those interests are defined in the City Code) and as the same are shown on the plat for all lawful purposes to which the City may devote or allow the same to use and upon acceptance thereof, in accordance with all City policies, ordinances, regulations or conditions of the City of Raleigh, for the benefit of the public provided any dedication of easements for storm drainage not specifically labeled City of Raleigh or public are not made to the City of Raleigh, but are irrevocably made to the subsequent owners of any and all properties shown hereon for their use and benefit.
         8. Delineations of watercourse buffers and impervious surface area limitations for properties located in a -UWPOD, -FWPOD, -SWPOD, -MPOD or CM District.
         9. Signature of an official from the North Carolina Department of Transportation if public street right-of-way is involved for lands located outside the City limits.
         10. Stormwater control facilities, including without limitation, detention facilities, retention facilities, wet ponds, sand filters, wetlands, bio-retention measures, swales and storm pipes required by Article 9.2. Stormwater Management, permanently protected undisturbed open space areas, together with showing the means of transporting stormwater runoff to and from any nitrogen reduction and stormwater runoff control measures or facilities.
         11. A statement on the plat which lots, by number, are served by which stormwater control facility; the stormwater control facility shall be indicated by type and by its general location.
         12. A notation that the dedicators and their successors waive their statutory rights to withdraw dedications of the right-of-way when the public has made reimbursement for the right-of-way or when density has been transferred from the right-of-way.
      4. The applicant shall submit all information, maps and data required by the City to properly review the final subdivision plat for conformity with all City ordinances, standards and regulations. For example, building envelopes may be required to show the development potential of any lot and if the lot can not be reasonably developed in accordance with Article 8.3. Blocks, Lots, Access, the lot shall not be recorded notwithstanding any prior preliminary subdivision plan approval of the lot.
   3. Development Services Director Action
      1. After an application has been determined complete, Development Services shall review the final subdivision plat for compliance with the approved preliminary subdivision plan and conditions of approval.
      2. In reviewing the final subdivision plat, Development Services Department shall consult with the Public Utilities, City Planning, Engineering Services, Parks and Cultural Resources, Transportation and Fire Departments.
      3. Upon completion of the review, the Development Services Director may meet with the applicant to discuss any changes in development design.
      4. If the final subdivision plat contains the dedication of streets and public easements, the construction of development-related improvements or the establishment of private drainage easements, then Development Services shall forward copies of the final subdivision plat to the appropriate City departments for review.
      5. Development Services shall complete the review of the final subdivision plat and notify the applicant of nonconformities, omissions or required corrections. If the final subdivision plat is disapproved, the reasons for such disapproval shall be stated in writing, specifying the provisions of the UDO with which the final subdivision plat does not comply. A revised final subdivision plat may be submitted to Development Services for further consideration.
      6. Within 20 days after the date of the decision on a final subdivision plat, an appeal of the Development Services Director's action may be filed with the Board of Adjustment as set forth in Sec. 10.2.11..
      7. Development Services shall approve the final subdivision plat if it conforms with the approved preliminary subdivision plan and conditions of approval, N.C. Gen.Stat. §30-47 and the content requirements for the plat and recorded map checklist.
      8. No final subdivision plat shall be approved until all required public improvements are accepted for public maintenance and completely installed or a construction security is posted with the City as set forth in Sec. 8.1.3.
   4. Action Following Final Approval of the Plat
      1. After a final subdivision plat is approved, the Development Services Director shall certify the plat for recording after the required signatures for recordation have been provided. 
      2. The City may, as a precondition for recording lots, require the recording of legal instruments.
      3. The subdivider shall present to the county register of deeds office where the property is located the appropriate number of signed mylar copies of the final plat, as specified on the Recorded Map application and Recorded Map checklist.
      4. Plats presented to and approved for recordation by the City must be recorded on or before the 14th day following the certification of the Development Services Director. The expiration date shall be clearly indicated on the plat. By the end of the next business day following the recordation of the final plat, the subdivider shall provide to Development Services evidence of a recorded copy of the certified final plat and the recordation of all legal instruments required by the City in association with development approval.
   5. Revisions to an Approved and Signed Final Subdivision Plat Not Yet Recorded Following certification of the Development Services Director, in accordance with Sec. 10.2.5.F.4., no final plat shall be revised, except with the consent of Development Services:
      1. When revisions are proposed to an approved final subdivision plat, the applicant shall submit a written request to Development Services delineating the revisions and requesting authorization for the revisions.
      2. Revisions to an approved final subdivision plat may only be approved if still in conformance with the approved preliminary plan.
      3. Changes to an approved final subdivision plat not in conformance with the approved preliminary plan must be resubmitted as a new preliminary plan application.
      4. In addition to the written request for revising the final plat and the submittal of a revised final subdivision plat, in all instances the applicant shall submit the required fees to Development Services for processing and recording the revised final plat.
7. Subdivisions in Historic Overlay District or for designated Historic Landmark
   For preliminary subdivision plans within a Historic Overlay District or of a designated Historic Landmark, following the administrative review described in Sec. 10.2.5.E.2, above, the application shall be referred to the Historic Development Commission. The Historic Development Commission shall conduct a quasi-judicial evidentiary hearing in accordance with Sec. 10.2.15. The Commission shall take no action except to prevent the subdivision of land that would be incongruous with the special character of the district or the landmark.