Sec. 3.6. Subdivision Review

3.6.1. Applicability

A. Subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. approval shall be required except as specified in paragraph 3.6.2, Actions Exempt from Subdivision Requirements (Exempt Plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided.).

B. All requirements imposed through a plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. shall run with the land and shall apply against any owner Any person having charge of any real property according to the records held by the Register of Deeds., subsequent owner Any person having charge of any real property according to the records held by the Register of Deeds., or occupant.

3.6.2. Actions Exempt from Subdivision Requirements (Exempt Plats)

A. The following shall not be considered “subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets.” and are exempt from the provisions of this section:

1. The combination or recombination of lots, or portions of lots, previously created and recorded, if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this Ordinance;

2. The division of land into parcels See “Lot of record.” greater than ten acres if no street right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. is involved;

3. The public acquisition by purchase of strips of land for widening or opening streets or for public transportation system corridors;

4. The division of a tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. in single ownership of which the entire area is no greater than two acres into not more than three lots, if no street right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. is involved and if the resultant lots are equal to or exceed the standards of this Ordinance; and

5. The division of a tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. into parcels See “Lot of record.” in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes.

B. The Planning Director - or designee - certification of exempt status is required. Exempt plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. shall be stamped by the Planning Director or designee, noting their exemption, and signed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. so that they can be recorded by the Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. of the Register of Deeds.

C. Exempt plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. shall only be required to conform to applicable lot dimensional requirements within Article 6, District Intensity Standards; Article 7, Design Standards; and any other section in this Ordinance where lot dimensional standards are regulated. Exempt plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. shall also conform to applicable nonconformity requirements within Article 14, Nonconformities.

D. The subdivider shall have 180 days after the certification of exempt status is granted to file and record the approved plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. with the Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. of the Register of Deeds before the exemption status becomes void.

3.6.3. No Subdivision without Plat Approval

A. No subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. of land within the jurisdiction of either the City or County may be filed or recorded with the Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. of the Register of Deeds until it has been submitted to and approved by the Planning Director or designee, and until the approval is entered on the face of the plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided..

B. Any person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. who, being the owner Any person having charge of any real property according to the records held by the Register of Deeds. or the agent of the owner Any person having charge of any real property according to the records held by the Register of Deeds. of any land located within the jurisdiction of this Ordinance, subdivides land in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of this Ordinance, or transfers, or sells land by reference to, exhibition of, or any other use of a plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. showing a subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. of the land before the plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. has been properly approved under this Ordinance, and recorded in the Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. of the Register of Deeds, shall be punishable pursuant to state and local law.

C. The description by metes and bounds in the instrument of transfer, or other document used in the process of selling or transferring land, does not exempt the transaction from penalties. The City or County, as appropriate, may bring an action for injunction of any illegal subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets., transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order for compliance.

3.6.4. Conservation Subdivision/Preliminary Plat Pre-Application Conference and Neighborhood Meeting

A. Pre-Application conference

All applicants considering petitioning for a conservation subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. or any other preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. pursuant to paragraph 3.2.2, Pre-Application Conference, shall schedule a pre-application conference with the Planning Director, or designee to discuss the procedures, standards, and regulations required for subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. approval in accordance with the provisions of this Ordinance.

B. Pre-Application Neighborhood Meeting

The applicant shall hold a neighborhood meeting as set forth in paragraph 3.2.3, Neighborhood Meeting, prior to application submittal.

3.6.5. Sketch/Concept Plans

It is recommended, but not required, that the applicant applying for subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. approval submit a sketch/concept plan for review by the Planning Director or designee. This plan should, in simple sketch form, show the proposed layout of streets, lots and other features in relation to existing conditions Conditions that exist at time of plan or plat submittal..

3.6.6. Preliminary Plat Requirements

An application for preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. review shall be submitted in accordance with paragraph 3.2.4, Application Requirements. Preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. documents showing the proposed subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. of the land into lots shall contain, as a minimum, the information listed below unless the Planning Director, or designee, makes the determination that less detailed information is required for adequate review. No processing or review of a preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. will proceed without the required information. Detailed standards and specifications for design and construction are available from City, County and State agencies A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc., as applicable.

A. General Requirements

1. Title Block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. – Name of project, labeled Preliminary Plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review.; submittal and revision dates; sheet size (36 inches by 48 inches maximum) with index map and match lines if multiple sheets are required; graphic scale (not smaller than one inch to 200 feet on a standard engineering scale); north point; property identification number; vicinity map clearly establishing the location of the proposed project, with readily recognizable landmarks, stream buffers A natural or vegetated area adjacent to a stream through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for the infiltration of runoff and filtering of pollutants., flood plain boundaries, property zoning districts and any overlay zones.

2. Name, address and telephone number of owner Any person having charge of any real property according to the records held by the Register of Deeds., applicant and agent; name, address and telephone number of surveyor, engineer, landscape architect, or other designer, with seal.

3. In addition, State or Federal regulations may require that additional information be supplied to the Planning Department as a part of a submittal.

B. Existing Conditions

1. Boundary of the property, using metes and bounds with angle of departure of adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties; site size and amount to be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.; lot lines; building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. foot prints and square footage; improvements, such as loading areas A space used to transfer goods and material between vehicles and a building or lot., parking areas, driveways A private roadway located on a parcel or lot used for vehicle access., alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street., streets, sidewalks, etc.; any septic tanks, drain fields and wells; culverts and other subsurface features; all utility easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., above and below ground, including information on type, size, and elevation; railroads; cemeteries A place used or to be used and dedicated or designated for interment of human remains or pet animal remains.; setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. requirements; zoning of the site and adjacent Property abutting directly on the boundary of, touching, or sharing a common point. zoning, including any overlay zones; land use of the site and adjacent Property abutting directly on the boundary of, touching, or sharing a common point. land uses including major improvements within 50 feet of the subject property; adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property owners Any person having charge of any real property according to the records held by the Register of Deeds.; adjacent Property abutting directly on the boundary of, touching, or sharing a common point. streets, including name and right of way width. Existing features shall be clearly distinguishable from proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

2. Topographic contours at two-foot intervals for all property within 100 feet of a proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. area and topographic contours at five-foot contour intervals for the remainder of the property including a source reference; locations and names of water features including shorelines, water bodies, intermittent and perennial streams A body of concentrated flowing water in a natural low area or natural channel on the land surface.; a major specimen tree survey; locations of drainage ways, stream buffers A natural or vegetated area adjacent to a stream through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for the infiltration of runoff and filtering of pollutants., floodways The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot., floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. fringes, wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. and wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. buffers; locations of vegetation, rock outcrops, steep slope areas, Durham Natural Inventory See "Durham Inventory." sites and Durham Historic Inventory See "Durham Inventory" Sites.

3. A list of any conditions applied to the property as part of any previous approvals.

C. Proposed Conditions

1. Street Improvements (Public and Private): location of improvements or widenings, names, widths of rights of way and pavement, design criteria including sight triangles and a typical cross section; Traffic Impact Analysis, if required.

2. Pedestrian Circulation: location of sidewalks and other pedestrian ways including dimensions and surfacing, along streets and other locations; provision of crosswalks.

3. Landscaping: location of all plant materials and other landscaping features, including calculations of amount required and the amount provided; the number, size, and description of plant materials, fences, walls and berms; provisions for screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. specialized features, such as storage areas; calculations of the amount of tree coverage required and the amount and percentage of tree coverage provided by tree preservation and tree replacement; calculation of the amount of street trees and the amount provided by tree preservation and tree installation; a land disturbance tree survey; and the location and a description of all proposed and required tree protection measures.

4. Grading A land disturbing activity that modifies the contours of the land.: location of vegetation to be retained including approximate sizes and protection measures to be used; a depiction of contours at two foot intervals, supplemented with spot elevations when necessary, including location, description, and size of any retaining walls; dimensions of stream buffers A natural or vegetated area adjacent to a stream through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for the infiltration of runoff and filtering of pollutants..

5. Utilities: location and width of all easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. and rights of way for water, sewer, storm sewers, gas, electric, communication facilities, or any other utility facility.

6. Storm Drainage: location and description of temporary and permanent storm drainage pipes and swales; amount of impervious surface A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended.; provisions for erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. controls, including retention and detention facilities; mechanisms for complying with paragraph 8.5.5, Diffuse Flow Requirements; as well as professionally sealed engineering calculations used in the design.

7. Water and Sewer: location and description of public and private water and sanitary sewer improvements including connections to existing facilities and maintenance provisions.

8. Property Dedications The transfer without payment of ownership or other interest in real property from a private entity to a public agency./Reservations The withholding by a private entity of specific real estate from development pending acquisition by a public agency.: location and description of dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. or reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency. properties under public or private ownership including the boundaries, size, purpose, future ownership and maintenance provisions for the property. This category includes but is not limited to rights-of-way, rail corridors, greenways, recreation facilities, open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. and common areas.

9. Specific performance standards as required by other Articles of the UDO.

10. Within Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas: demonstration that the subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. will minimize flood damage through the location and construction of all public utilities A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility. and facilities, including water and sewer systems; adequate drainage in accordance with adopted standards to reduce exposure to flood hazards.

D. Traffic Impact Analysis

A traffic impact analysis (TIA) pursuant to Sec. 3.3, Traffic Impact Analysis (TIA) may be required.

3.6.7. Preliminary Plat Approval

A. Applicability

1. A preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. shall be required for all subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. of land within the jurisdiction of this Ordinance for developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of more than six lots. A preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. is required for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of six lots or less unless there is no public dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. of land, no streets, no utility extensions, no required diffuse flow mechanisms, and no required stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. management facilities.

2. Subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. approval requires the submission of both preliminary and final plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. and full interagency review for conformity with the requirements of this Ordinance and other development-related ordinances.

3. Where site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., as required by this Ordinance, serve as preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review. for subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets., they shall satisfy these submission requirements in addition to those required for zoning compliance.

B. Public Notice

Any preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. application that involves criteria pursuant to paragraph 3.7.3B, Major Site Plans, shall be noticed pursuant to 3.2.5D, Public Notification Service.

C. Action by the Planning Director

Staff review agencies A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. shall complete review and transmit comments back to the Planning Director or designee.

D. Action by the Approving Authority

The preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. shall be approved by the approving authority if it meets the following criteria:

1. Conforms with all the provisions and requirements of applicable adopted plans, including but not limited to the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services., historic preservation plans, open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. plans, greenways plans, transportation plans, gateway plans, corridor plans, collector street A local street which serves as a connector street between local residential streets, commercial development and the thoroughfare system; such streets typically collect traffic from 250 to 400 dwelling units. plans, and bicycle plans;

2. Conforms with all the provisions and requirements of this Ordinance; and

3. Conforms with all the provisions and requirements of other applicable ordinances not included in this Ordinance.

E. Reservation of Public Facility Sites and Lands

This section does not apply to the reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency. of lands for public streets and roads See “Street, Public” and “Street, Private.”.

1. The review of preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review. may be delayed by no more than 45 calendar days if the proposed subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. contains sites which appear in an adopted plan or policy documents as a future site for a public school or other public facility A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government., recreation area, park, greenway or other open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction.. During preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. review, the appropriate entity responsible for future site acquisition shall be given 45 calendar days from date of plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. submission to decide if it wishes to reserve The withholding by a private entity of specific real estate from development pending acquisition by a public agency. the site.

2. If the site is not to be reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency., the subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall be processed in the normal fashion. If the agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. wishes to reserve The withholding by a private entity of specific real estate from development pending acquisition by a public agency. the site and specifies such intent in writing to the Planning Director or designee, the subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall not be approved without the reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency..

3. Public school authorities shall have 18 months from the date of preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. approval to acquire the site by purchase, by receipt of dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency., or by initiating condemnation proceedings. If, at the end of the 18-month period, none of the above actions has occurred, the subdivider may consider the land free from reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency. and apply for revised preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. approval for its use.

Commentary: See NCGS §160D-804(f).

4. Public agencies A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. other than schools shall have 120 calendar days from the date of preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. approval to arrange for site acquisition for public facilities A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government. by option to purchase, by purchase, by receipt of dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency., or by initiating condemnation proceedings. If, at the end of the 120-day period, none of the above actions has occurred the subdivider may consider the land free from reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency. and apply for revised preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. approval for private use of the property.

F. Issuance of Required Permits

1. Upon preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. approval, the applicant may apply for the required permits to begin site work and the installation of improvements.

2. All site work shall be performed in compliance with the requirements of this section and other applicable regulations of the City, County, and State.

3. No required permit may be issued until the required preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. is approved.

G. Preliminary Plat Revisions

1. Minor revisions to approved preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review., which reflect the same basic street and lot configuration as used for the original approval, may be approved by the Planning Director or designee.

2. Significant changes to an approved preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., as determined by the Planning Director or designee, shall be resubmitted for review and approval as if it is a new application.

H. Continuing Validity of Preliminary Plat

1. An approved preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. shall retain its validity for four years, if:

a. A permit to begin development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. pursuant to the plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided., such as a land disturbance permit, a building permit A permit issued by the Inspections Department in conformance with the State Building Code., or an improvement permit has been issued and has remained continuously valid thereafter; and,

b. Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or land disturbing activity Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition. has begun on the property.

2. The issuance of a building permit A permit issued by the Inspections Department in conformance with the State Building Code. or a certificate of compliance A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. within a phase of a project shall not extend the validity of the preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. for the unbuilt portions of that phase or any future phases of the project for which building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. permits have not been issued.

3. Preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. amendments shall not extend the validity of the original approved preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review..

4. Validity may be extended if vesting is determined per Sec. 3.20, Vested Rights The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance..

3.6.8. Final Plat Approval

A. Applicability

1. A final plat The final map of all or a portion of a subdivision which is presented for final approval. shall be required for all subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. of land within the jurisdiction of this Ordinance except as allowed under North Carolina General Statute.

2. Minor Plats

A minor plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. is a final plat The final map of all or a portion of a subdivision which is presented for final approval. for subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. that does not qualify as an exempt plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. or require a preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. approval pursuant to paragraph 3.6.7, Preliminary Plat Approval. In addition to the applicable requirements pursuant to paragraph 3.6.8E, Action by the Planning Director, the following shall apply:

a. No part of the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. or parcel See “Lot of record.” to be divided has been divided 10 years prior to the application.

b. A stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. impact analysis shall be submitted that documents and supports how the project foregoes any stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control measure(s).

c. The subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall comply with all applicable City and/or County utility requirements.

B. Conformity with Preliminary Plat

1. The final plat The final map of all or a portion of a subdivision which is presented for final approval. shall conform to the approved preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., if any.

2. The final plat The final map of all or a portion of a subdivision which is presented for final approval. may constitute only that portion of the preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. which is proposed for recordation.

C. Application Requirements

1. When the installation of required site improvements is nearing completion, the subdivider shall submit a final plat The final map of all or a portion of a subdivision which is presented for final approval. for review and approval.

2. An application for final plat The final map of all or a portion of a subdivision which is presented for final approval. approval shall be submitted in accordance with paragraph 3.2.4, Application Requirements.

3. The final plat The final map of all or a portion of a subdivision which is presented for final approval. shall be drawn in accordance with North Carolina General Statute 47-30, Plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. and Subdivisions-Mapping Requirements; standard land surveying and mapping practices; and city/county engineering standards.

D. Endorsements on Final Plats

The following certificates shall be placed upon all final plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided.:

1. Certificate of accuracy and mapping signed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. by a registered surveyor;

2. Certificate of ownership and dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. signed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. and notarized, including all individuals, partnerships, and corporations, and lenders with financial security interests;

3. Attorney’s certification of ownership for any final plat The final map of all or a portion of a subdivision which is presented for final approval. involving a right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. signed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. and notarized; and

4. Review officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products.’s certification.

E. Action by the Planning Director

Staff review agencies A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. shall complete review and transmit comments back to the Planning Director, or designee. The Planning Director or designee shall approve the plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. as is, defer action for additional information and corrections, or disapprove it. If the final plat The final map of all or a portion of a subdivision which is presented for final approval. is disapproved or deferred, the Planning Director or designee shall notify the applicant of the reasons for such disapproval or deferral. The final plat The final map of all or a portion of a subdivision which is presented for final approval. shall be approved by the Planning Director or designee if it meets the following criteria:

1. Conforms with all the provisions and requirements of applicable adopted plans, including but not limited to the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services., historic preservation plans, open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. plans, greenways plans, transportation plans, gateway plans, corridor plans, collector plans, and bicycle plans;

2. Conforms with all the provisions and requirements of this Ordinance;

3. Conforms with all the provisions and requirements of other applicable ordinances not included in this ordinance;

4. Conforms with the preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., if any;

5. Conforms with completed and approved construction drawings for public infrastructure, where such construction drawings are required by this Ordinance or other applicable ordinance; and

6. Is accompanied by a performance guarantee deemed adequate by the requesting department, if required infrastructure, including but not limited to stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt., street, or water and sewer improvements, has not been completed in accordance with approved construction drawings, and if the department responsible for such infrastructure has consented to final plat The final map of all or a portion of a subdivision which is presented for final approval. approval pending its completion.

F. Expiration of Approval

The subdivider shall have 180 days after approval to file and record the final plat The final map of all or a portion of a subdivision which is presented for final approval. with the Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. of the Register of Deeds before the approval becomes void.

3.6.9. Alternative Subdivision for Financing Purposes

For purposes of financing or refinancing development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., it is sometimes necessary to subdivide a previously approved development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. complex (including but not limited to a shopping center A group of retail businesses developed under a uniform development scheme and served by common off-street parking facilities., an office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or industrial park, or a housing complex) originally located on a single parcel See “Lot of record.” into two or more lots, where a subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. would vary dimensional, parking, or landscaping requirements of this Ordinance. The Planning Director or designee is authorized to permit such subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. to occur subject to the following criteria:

A. A valid, approved site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. exists for the overall complex;

B. The complex, in its entirety, satisfies all Ordinance requirements; and

C. Each final plat The final map of all or a portion of a subdivision which is presented for final approval. created contains a note stating that the owners Any person having charge of any real property according to the records held by the Register of Deeds. acknowledge that the individual parcel See “Lot of record.” is a part of the named development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. complex, and that deeds of easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., restrictive covenants, and/or other legal documents necessary for the perpetual functioning of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. complex shall be executed and recorded with the final plat The final map of all or a portion of a subdivision which is presented for final approval..