§ 5.7. SUBDIVISION PROCEDURES.

5.7.1. Subdivision Exceptions.

This section shall be applicable to all subdivisions except those which are exempt in accordance with Section 1.3.4, page 1-3. The Town Council may authorize exceptions for subdivisions from any portion of this Ordinance when, in its opinion, undue hardship may result from their strict compliance (refer to Section 4.10.2). The Town may require only a plat for recordation for the division of a tract or parcel of land in single ownership if all of the following criteria are met:

5.7.1.1. The tract or parcel to be divided is not exempted under Section 1.3.4 of this Ordinance.

5.7.1.2. No part of the tract or parcel to be divided has been divided under this subsection in the ten years prior to division.

5.7.1.3. The entire area of the tract or parcel to be divided is greater than five acres.

5.7.1.4. After division, no more than three lots result from the division.

5.7.1.5. After division, all resultant lots comply with all of the following:

5.7.1.5.1. Any lot dimension size requirements of the applicable land use regulations, if any.

5.7.1.5.2. The use of the lots is in conformity with the applicable zoning requirements, if any.

5.7.1.5.3. A permanent means of ingress and egress is recorded for each lot.

5.7.2. Pre-Application Meeting and Sketch Plan.

The applicant shall schedule a pre-application meeting with the UDO Administrator to review a Sketch Plan of the proposed subdivision in accordance with Section 5.2. The UDO Administrator will determine if the subdivision constitutes a Major or Minor Subdivision, in accordance with the definitions in Appendix A, and advise the applicant of all applicable Town regulations and policies, application procedures, and fees.

5.7.3. Review Procedure for Minor Subdivisions.

5.7.3.1. The developer shall submit a sketch development plan, as specified in Section 5.2, to the UDO Administrator. At this stage, the UDO Administrator and the developer shall informally review the proposal.

5.7.3.2. After this initial review has been completed, the subdivider or his authorized representative shall prepare a final plat as specified in Section 5.7.4.2 and submit it to the UDO Administrator. At the time of submission, the subdivider shall pay to the Town an application fee as established by the Town Council in accordance with Section 2.8. Refer to Section 10.49 for plat requirements.

5.7.3.3. The UDO Administrator shall approve or disapprove the final plat. If the subdivider disagrees with the decision of the UDO Administrator, the subdivider may appeal to the Board of Adjustment for review at its next regular meeting.

5.7.4. Review Procedure for Major Subdivisions.

5.7.4.1. Preliminary Plat.

5.7.4.1.1. At the time of submission of the preliminary plat, the subdivider shall pay to the Town an application fee as established by the Town Council in accordance with Section 2.8. Refer to Section 10.49 for plat requirements.

5.7.4.1.2. The subdivider or his or her authorized agent shall submit five hard copies and one electronic copy, including all data layers, of the preliminary plat to the UDO Administrator at least 21 days prior to a regular meeting of the Planning Board. During this period, the UDO Administrator shall evaluate the plan to determine whether or not it meets the requirements of this Ordinance. The UDO Administrator may receive comments from other persons or agencies before making its final recommendations.

5.7.4.1.3. After the UDO Administrator determines that the preliminary plat meets the requirements of this Ordinance, it shall be submitted to the Planning Board for review and recommendation to the Town Council. The Planning Board shall forward its recommendation to the Town Council within 45 days after first consideration by the Planning Board. If the Planning Board fails to act within the 45-day period, the subdivider may appeal directly to the Town Council. The Town Council shall consider the preliminary plat as presented to or reviewed and revised by the Planning Board at its next regularly scheduled meeting and approve, approve with conditions, or disapprove the plan.

5.7.4.2. Final Plat.

5.7.4.2.1. At the time of submission of the final plat, the subdivider or his or her authorized agent shall pay the Town an application fee as established by the Town Council in accordance with Section 2.8. Refer to Section 10.49 for plat requirements.

5.7.4.2.2. Within 24 months after approval of the preliminary plat by the Town Council, the subdivider shall submit a final plat showing that he or she has completed the subdivision according to the preliminary plan. The final plat may include all or only a portion of the subdivision as proposed and approved on the preliminary subdivision plat, provided that all required improvements have been installed as called for in the approved preliminary plat or a surety bond or similar financial instrument has been approved by the Town Council, in accordance with Section 5.7.4.6 for the subdivision. The UDO Administrator shall determine whether or not the final plat substantially agrees with the approved preliminary plat. If substantial differences exist, the UDO Administrator may deny the final plat and require that a new preliminary plat be submitted. If the plat substantially agrees with the preliminary plat, the UDO Administrator shall approve the final plat within 30 days after first consideration, if the Town Council has accepted the publicly dedicated improvements or approved a performance bond. Only after the final plat has been approved and recorded at the Brunswick County Register of Deeds office shall any lots be transferred or conveyed. The plat must be recorded within 30 days after approval.

5.7.4.2.3. Five copies of the final plat shall be submitted: the original, two mylar copies, and two blueline paper copies. The mylar shall be three mil, suitable for reproduction. The three reproducible copies shall each have original signature. The original copy shall be returned to the subdivider, one mylar copy shall be recorded at the Brunswick County Register of Deeds office, and one mylar copy of the recorded plat shall be returned to the UDO Administrator.

5.7.4.2.4. The final plat shall be prepared by a surveyor licensed and registered to practice in the state. It shall conform to the provisions of plats, subdivisions, and mapping requirements as set forth in G.S. 47-30, as amended, and the Standards of Practice of Land Surveying in North Carolina.

5.7.4.2.5. The final plat shall depict or contain the information specified in Section 10.49. Plats not illustrating or containing the information required in Section 10.49 shall be returned to the subdivider or his or her authorized agent for completion and resubmission.

5.7.4.2.6. For any replatting or resubdivision of land, the same procedures, rules, and regulations shall apply as prescribed herein for an original subdivision.

5.7.4.3. Time Limitation/Approval of Preliminary Plat. Preliminary plat approval shall be valid for two years unless a greater time period is granted through a Vested Rights request (Section 4.7). If final plat approval has not been obtained within said two-year period, preliminary plat approval shall become void. A new preliminary plat shall be required to be submitted and such plat shall be in conformance with all current and applicable standards in this Ordinance. Notwithstanding, the developer may submit a request to the UDO Administrator for a time extension for up to one year for final plat submittal. Said request must be submitted to the UDO Administrator prior to the original plat expiration date. No more than one such extension may be granted by the UDO Administrator per subdivision. The developer may submit a final plat for only a portion of the subdivision given preliminary plat approval. Said submission shall extend the expiration date for the remaining portion(s) of the subdivision for an additional two years past the date of said final plat approval.

5.7.4.4. As-Built Drawing Submittal. Prior to final plat approval or release of performance guarantees, As-Built Drawings shall be submitted and administratively approved. The preliminary plat may be altered by no more than ten percent of the total subdivision area due to issues discovered during the As-Built Drawing process. If changes to more than ten percent of the total subdivision area result, a new preliminary plat shall be submitted and reviewed.

5.7.4.5. Property Owners Association Covenants Review. Prior to approval of any final plat for a major subdivision, the UDO Administrator shall review the covenants of the Property Owners Association to ensure compliance with Town requirements. The covenants shall include provisions for the ownership and maintenance of private streets. The UDO Administrator may refer the covenants to the Town Attorney for review.

5.7.4.6. Performance Guarantees. In lieu of requiring the completion, installation, and dedication of all improvements prior to final plat approval, the Town of Oak Island may enter into an agreement with the subdivider whereby the subdivider shall agree to complete any remaining required improvements as specified by the approved preliminary plat for that portion of the subdivision to be shown on the final plat within a mutually agreed upon specified time period not to exceed one year. Once agreed upon by both parties and the security required herein is provided, the final plat may be approved by the UDO Administrator, if all other requirements of this Ordinance are met. The Town shall require a certified cost estimate from a licensed contractor or engineer for the cost of completion of such improvements. The performance guarantee shall only be used for completion of the required improvements and not for repairs or maintenance after completion.

5.7.4.6.1. The subdivider shall provide one of the following Performance Guarantees, elected at the subdivider's discretion, in lieu of installation:

5.7.4.6.1.1. Surety bond issued by any company authorized to do business in this State.

5.7.4.6.1.2. Letter of credit issued by any financial institution licensed to do business in this State.

5.7.4.6.1.3. Other form of guarantee that provides equivalent security to a surety bond or letter of credit.

5.7.4.6.2. The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgment by the Town that the improvements for which the performance guarantee is being required are complete. If the improvements are not complete and the current performance guarantee is expiring, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period until such required improvements are complete. A developer shall demonstrate reasonable, good faith progress toward completion of the required improvements that are the subject of the performance guarantee or any extension. The form of any extension shall remain at the election of the developer.

5.7.4.6.3. The amount of the performance guarantee shall not exceed 125 percent of the reasonably estimated cost of completion at the time the performance guarantee is issued. Any extension of the performance guarantee necessary to complete required improvements shall not exceed 125 percent of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.

5.7.4.6.4. The performance guarantee shall only be used for completion of the required improvements and not for repairs or maintenance after completion.

5.7.4.6.5. For subdivisions which are underwritten or constructed with federal funds and for which the specifications for facilities or improvements are equal to or of a higher standard than those required by the Town, the bond-posting requirement may be waived and the final plat approved prior to completion of facilities or improvements.

5.7.4.7. Transfer of Lots in Unapproved Subdivision Plats. Any person who, being the owner or agent of the owner of any land located within the jurisdiction of the Town, thereafter subdivides his land in violation of applicable Town ordinances or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under applicable Town ordinances and recorded in the office of the Brunswick County Register of Deeds, shall be guilty of a Class 1 misdemeanor, unless specifically stated otherwise. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The Town may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the subdivision ordinance. Building permits required pursuant to G.S. 160A-417 may be denied for lots that have been illegally subdivided. In addition to other remedies, the Town may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct.

5.7.5. Procedure for Plat Recordation.

After the effective date of this Ordinance, no subdivision plat of land within the Town's jurisdiction shall be filed or recorded until it has been submitted to and approved by the appropriate agencies, and until this approval is entered in writing on the face of the plat by the Chairperson or head of that agency. All publicly dedicated improvements must be accepted by the Town Council contingent upon final plat recordation or acceptance of an approved performance bond. If improvements are not complete as the expiration of a guarantee is approaching, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period until such required improvements are complete.

A plat shall not be filed or recorded by the Brunswick County Register of Deeds of any subdivision located within the Town's jurisdiction that has not been approved in accordance with this Ordinance, nor shall the Clerk of Superior Court order or direct the recording of a plat if the recording would be in conflict with the requirements of this Ordinance.

5.7.6. Issuance of Permits and Conveyance of Subdivision Lots.

Zoning permits and building permits may be issued by the Town of Oak Island for the erection of any building on any lot within a proposed subdivision prior to the final plat of said subdivision being approved in a manner as prescribed by this Ordinance and recorded at the Register of Deeds office, provided an improvements permit has been issued by the Brunswick County Health Department, if required. A certificate of occupancy may not be issued until the final plat has been approved and recorded.

After the effective date of this Ordinance, it shall be illegal for any person being the owner or agent of the owner of any land located within the territorial jurisdiction of this Ordinance, to subdivide his land in violation of this Ordinance or to transfer or sell land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this Ordinance.

The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The Town Council, through its attorney or other official so designated, may enjoin an illegal subdivision, transfer, or sale of land by action for injunction. Further, violators of this Ordinance shall be subject, upon conviction, to fine and/or imprisonment as provided by G.S. 14-4. Civil penalties may be issued in accordance with Section 1.8.

5.7.7. School Site Reservation. In accordance with G.S. 160A-372, if the Town Council and the Brunswick County Board of Education have jointly determined the specific location and size of any school sites to be reserved in accordance with the Town of Oak Island Comprehensive Plan, staff shall immediately notify the Board of Education in writing whenever a sketch plan for a subdivision is submitted which includes all or part of a school site to be reserved. The Board of Education shall promptly decide whether it still wishes the site to be reserved. If the Board of Education does wish to reserve the site, the subdivision shall not be approved without such reservation. The Board of Education shall then have 18 months beginning on the date of final approval of the subdivision within which to acquire the site by purchase or by initiating condemnation proceedings. If the Board of Education has not purchased or begun proceedings to condemn the site within 18 months, the developer may treat the land as freed of the reservation.

5.7.8. Dedication of Land for Park, Recreation, and Open Space.

In accordance with G.S. 160A-372, a developer may provide funds to the Town whereby the Town may acquire recreational land or areas to serve the development or subdivision, including the purchase of land that may be used to serve more than one subdivision or development within the immediate area. All funds received by the Town pursuant to this paragraph shall be used only for the acquisition or development of recreation, park, or open space sites, including shoreline public access. Any formula enacted to determine the amount of funds that are to be provided under this paragraph shall be based on the value of the development or subdivision for property tax purposes. A combination or partial payment of funds and partial dedication of land is acceptable when the governing body of the Town determines that this combination is in the best interests of the citizens of the area to be served. Refer to Article 10, Part VI.

(Ord. of 10-9-2018)