Sec. 10.2.6. Non-Subdivision Final Plat and Recorded Instruments

10-2-6
  1. Applicability
    The provisions of this section apply to the following:
    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 conform with, or exceed, the standards of Sec. 8.3.3., but if the standards of Sec. 8.3.3. are not met, the recombination may still be approved if the recombined lots more closely conform to the minimum standards of Sec. 8.3.3. than do the existing conditions.
    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 or dedication of strips of land for the widening or opening of streets or for public transportation system corridors.
    4. City of Raleigh right-of-way or easement acquisition plats.
    5. All other plats or maps, other than subdivision plats, where the existing property boundaries or street rights-of-way are changed or new street rights-of way are created.
    6. All other maps or plats, other than subdivision plats, that are required by State Law to contain a City certification.
    7. Except as expressly exempted below, no map or plat shall be filed and recorded with the local register of deeds office for lands within the City or within the City's extraterritorial jurisdiction unless and until it has been submitted and approved as provided in this section.
  2. Exemptions
    The following are exempt and are not subject to this section and to the requirements of Chapter 8. Subdivision & Site Plan Standards unless otherwise provided.
    1. A survey of an existing parcel or parcels of land that does not create a new street or change an existing street or property boundary.
    2. A survey of an existing building or other structure or natural feature, such as a watercourse.
    3. A control survey.
    4. North Carolina Department of Transportation rights-of-way plans or roadway corridor official maps.
    5. Easement plats prepared by utility companies granted the power of eminent domain by N.C. Gen. Stat. §40A-3(a)(1).
    6. A map attached to a deed or other instrument submitted for recording in a form for illustrative purposes only that meets the requirements of N.C. Gen. Stat. §47-30(n) and does not convey fee simple property in violation of this UDO.
  3. Pre-Application Conference
    Before submitting an application for any division of land greater than 10 acres where no right-of-way dedication is involved, an applicant shall schedule a pre-application conference with the Development Services Director to discuss the consequences for development of a tract without a road network. This requirement may be waived at the discretion of the Development Services Director.
  4. Requirements for Recombinations
    1. Recombination by Recorded Maps
      The requirements for recombination by recorded map include all of the following:
      1. The resultant lots conform with, or exceed, the standards of Sec. 8.3.3., but if the standards are not met, the recombination may still be approved if the recombined lots more closely conform to the minimum standards of Sec. 8.3.3. than do the existing conditions;
      2. The total number of lots is not increased;
      3. The title block contains the word "Recombination";
      4. Structures on the affected lots are shown and the requested recombination does not violate the setback requirements of this UDO and the North Carolina Building Code;
      5. The amount of impervious surface per lot is indicated before and after the recombination. All impervious surfaces and lot areas within a -UWPOD, -FWPOD, -SWPOD, -MPOD or CM District shall be calculated from the adjoining street right-of-way; provided if an expansion of an existing right-of-way or new right-of-way has been established in the Comprehensive Plan, impervious surface and lot areas within the overlay district shall be calculated from the expanded or new right-of-way;
      6. The recombination plat is certified by the Development Services Director and contains the appropriate authorization number to ensure the proper mapping of the resultant lots on the applicable county and City Geographic Information Systems;
      7. The recombination indicates that all resultant lots have the same water and sewer utility access that existed prior to the recombination;
      8. The recombination is certified by the county health department where the property is located that the recombination will not create a violation of setback standards or other standards of the county health department regarding private wells and septic systems;
      9. The recombination does not create the potential of new access points on a Major Street, Mixed Use Street or Thoroughfare in violation of the of the UDO and the Raleigh Street Design Handbook or render any existing driveway access point nonconforming;
      10. The recombination plat conforms to all laws and ordinances for the recordation of maps and includes all information listed in the Recorded Map Checklist form except for information that is uniquely necessary for subdivision plats;
      11. The resultant lots, if located within floodway fringe areas as set forth in Article 9.3. Floodprone Area Regulations, conform to the lot coverage limitations of Sec. 9.3.5.C.; and
      12. The recombination plat will be processed in accordance with this section and Sec. 10.1.8.
    2. Recombination by Recorded Instrument
      The requirements for recombination by recorded instrument include all of the following:
      1. The resultant lots conform with, or exceed, the standards of Sec. 8.3.3., but if the standards of Sec. 8.3.3. are not met, the recombination may still be approved if the recombined lots more closely conform to the minimum standards of Sec. 8.3.3. than do the existing conditions;
      2. The total number of lots is not increased;
      3. The instrument contains a metes and bounds description of the new recombined lots or reference is made to a recorded plat;
      4. The instrument contains a statement as to the total acreage of the affected lots;
      5. The title of the instrument contains the word "Recombination";
      6. The instrument contains a certification that the recombination does not violate the setback requirements of this UDO and the North Carolina Building Code;
      7. The amount of impervious surface per lot is indicated before and after the recombination. All impervious surfaces and lot areas within a -UWPOD, -FWPOD, -SWPOD, -MPOD or CM District shall be calculated from the adjoining street right-of-way; provided if an expansion of an existing right-of-way or new right-of-way has been established in the Comprehensive Plan, impervious surface and lot areas within the overlay district shall be calculated from the expanded or new right-of-way;
      8. The recombination instrument is signed by all property owners;
      9. If the number of lots is reduced, the instrument is to indicate which lots are eliminated;
      10. The recombination instrument is certified by the Development Services Director and the appropriate authorization number is attached to ensure the proper mapping of the resultant lots on the applicable county and City Geographic Information Systems;
      11. The instrument indicates that all resultant lots have the same water and sewer utility access that existed prior to the recombination;
      12. The instrument contains a certification by the county health department where the property is located that the recombination will not create a violation of setback standards or other standards of the county health department regarding private wells and septic systems;
      13. The recombination does not create the potential of new access points on a Major Street, Mixed Use Street or Thoroughfare in violation of the of the UDO and the Raleigh Street Design Manual or render any existing driveway access point nonconforming;
      14. The resultant lots, if located within floodway fringe and/or future conditions flood hazard areas as set forth in Article 9.3. Special Flood Hazard Area Regulations, conform to the lot coverage limitations of Sec. 9.3.6.B.3. and Sec. 9.3.7.B.2.; and
      15. The recombination instrument will be processed in accordance with this section and Sec. 10.1.8.
    3. Limitations on Recombination Approval
      No recombination of any property shall be approved pending any application for the rezoning of property unless the recombination is permitted under the existing zoning district of the property and also under the zoning district which is proposed for the property.
  5. Non-subdivision Maps, Plats and Instruments of Recombination Approval Process
    1. Application Requirements
      1. An application for approval of a non-subdivision final map, plat or recombination instrument shall be submitted in accordance with Sec. 10.2.1.B.
      2. The following forms and documents must be completed in order to process an application for non-subdivision final map, plat or recombination instrument recordation approval:
        1. A Recorded Map Application (recorded plat only);
        2. One or more deeds of conveyance, when a recombination changes the boundaries of properties owned by different persons (recorded plat and recombination instrument); and
        3. A preliminary plat or an instrument of recombination (recorded plat and recombination instrument).
    2. Development Services Director Action
      1. After an application has been determined to be complete, Development Services shall review the proposed application for compliance with this UDO and the requirements of N.C. Gen. Stat. §47-30.
      2. Upon completion of the review of the initial non-subdivision map, plat or recombination instrument, Development Services either shall approve or approve with conditions or reject the application depending on whether it conforms to the applicable UDO provisions and the requirements of N.C. Gen. Stat. §47-30.
      3. An appeal of Development Services’ decision may be filed with the Board of Adjustment as set forth in Sec. 10.2.11.
    3. Action Following Approval
      1. After a non-subdivision final map, plat or recombination instrument is approved, the Development Services Director shall certify the final map, plat or recombination instrument as exempt from the subdivision regulations of the UDO.
      2. The City may, as a precondition for recording non-subdivision maps, plats and recombination instruments, require the recording of legal instruments.
      3. Non-subdivision plats and recombination instruments presented to and approved for recordation by the City must be recorded on or before the 14th day following the signature of the Development Services Director. The expiration date shall be clearly indicated on the recording plat and on the recombination instrument.
      4. By the end of the next business day following the recordation of the non-subdivision final plat or recombination instrument, the applicant shall provide to Development Services evidence of a recorded copy of the recombination instrument or certified final plat and the recordation of all legal instruments required by the City in association with the approval.