Appendix 4. MAJOR SUBDIVISIONS
(A)
Definition ..... A major subdivision of land whether in single or multiple ownership shall mean all divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of a gift, sale, or building development, whether immediate or future and shall include all divisions of land involving the construction and dedication of a new public street or change in existing public streets. All lots must comply with the size and area requirements of the Zoning Ordinance or any other applicable local or state land regulatory ordinances. Preliminary subdivision approval of a plat in accordance with Section D.4(C) is required by the Elected Body. Final plats must be recorded in the office of the Register of Deeds in accordance with Section D.4(H) when all the requirements of these regulations have been met for the subdivision.
(B)
Development Standards and Requirements for Preliminary Subdivision Approval ..... This section lists development standards and requirements for preliminary subdivision approval. However, subdividers are invited to discuss ideas and special development problems with Planning staff before preparing and submitting proposals for preliminary subdivision approval.
(1)
Streets or Roads. ..... See Section B.3-12.
(2)
Lots.
(a)
Lots shall conform to the Zoning Ordinance and any other applicable local or state land regulatory ordinances.
(b)
Subdivisions shall be designed to exclude any road frontage lots on major or minor thoroughfares as shown on the adopted Transportation Plan . Said lots shall be served internally within the subdivision and shall have no access to the major roads. This requirement is consistent with the driveway policy of the North Carolina Department of Transportation. Any exemption from this regulation shall be based on hardships which arise from irregular shapes of property and/or any construction difficulties arising from providing internal access to these lots. Said exemptions shall be decided by the Elected Body.
Acceptable/Unacceptable Illustration
(c)
Along major/minor thoroughfares or at thoroughfare intersections into or within the subdivision, negative access easements will prohibit access onto thoroughfares from corner lots. Access must instead be provided to the lot on the nonthoroughfare street at the intersection. These negative access easement shall be shown on the final plat. See illustration for acceptable example in Section D.4.(B)(2)(b).
(d)
In all rectangular lots, and so far as possible in all other lots, side lot lines shall be at right angles or radial to the streets on which the lots face. Flag lots or lots which only have a narrow strip of land fronting the lot on a public street will only be approved under unusual circumstances (see Section D.4.(B)(2)(e)). If such lots are approved, the minimum frontage of the lot on the public street will be twenty-five (25) feet.
Flag Lot
(e)
Flag lots may be created in compliance with Section 3-1.2(Q).
(3)
Public or Private Utilities.
(a)
Water.
(i)
All subdivisions of land within one thousand (1,000) feet of public water shall be required to provide public water to the subdivision and install fire hydrants in accordance with the Fire Department of the applicable jurisdiction. The preliminary subdivision plat shall indicate that public water is to be used.
(ii)
If public water is not available or required, the preliminary subdivision plat shall indicate the private water system to be used.
(iii)
If fire hydrants are installed as part of a private water system, the system and fire hydrants shall be approved by the Fire Department of the applicable jurisdiction.
(b)
Sewerage.
(i)
The preliminary subdivision plat shall indicate if public sewer is to be used.
(ii)
If public sewer is not available or required, the preliminary subdivision plat shall indicate the private sewer systems to be used.
(c)
Drainage.
(i)
The preliminary subdivision plat should consider any areas with special drainage requirements. Drainage easements shall be shown on the final plat.
(ii)
If a stormwater retention or detention system is required by local or State ordinance, the preliminary location of the devices to be used in the system shall be shown on the preliminary subdivision plat.
(d)
Electricity, Telephone, Cable Television and Natural Gas. All distribution lines and lines providing direct service to individual properties for electricity, telephone and cable television shall be installed underground, unless required by the utility provider to be placed aboveground.
(4)
Other.
(a)
The preliminary subdivision plat shall conform to such plan or plans for the jurisdiction or portions thereof, as shall have been prepared and adopted by the Elected Body.
(b)
Where the plan for the subdivision includes a lake or pond of one acre or more in size, existing or to be constructed, the preliminary subdivision plat shall show the location of dams, spillways, and other structures and the location and extent of inundation at full reservoir.
(c)
Any markers, signs, or monuments with the name of the subdivision shall be issued a sign permit from the Inspections Division prior to installation. All such signs shall be located outside public rights-of-way, outside sight easements, and at major entrances to the subdivision. If such markers are contemplated in the subdivision, the final plat shall show the locations of these easements.
Major/Minor Thoroughfare
(d)
The boundary of the land to be subdivided shall be determined by an accurate survey in accordance with surveying laws of North Carolina or by the bearings and distances contained in the recorded deed.
(e)
Where a proposed greenway, park, playground, school or other public use as shown on plans of the jurisdiction is located within a preliminary subdivision plat, the Elected Body may require reservation of such area or dedication of an easement for such use of an area within the subdivision in those cases in which the jurisdiction deems this requirement to be reasonable and acceptable for public use.
(f)
Any areas which have been delineated as Wetlands by the United States Army Corps of Engineers shall be identified on the preliminary subdivision plat.
(g)
All subdivision proposals shall comply with the following floodway or floodway fringe standards:
(i)
All subdivision proposals located in the floodway fringe areas shall comply with the floodway and floodway fringe requirements of the Environmental Ordinance ;
(ii)
All subdivision proposals shall be planned and constructed so as to minimize flood damage;
(iii)
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
(iv)
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and,
(v)
Base flood elevation data, floodway, and floodway fringe areas shall be delineated for subdivision proposals and other proposed development.
(h)
Tree preservation planting areas shall be cordoned off during construction and protected from encroachment. The minimum area to be cordoned off shall consist of the critical root zone of the tree or an area ten (10) feet from the tree's trunk in all directions, whichever is the greater area. The protection measures shall be properly maintained during site development and shall not be removed prior to final landscaping. For the purposes of this section, encroachment is defined as the ground surface disturbance caused by grading: impervious surface cover; equipment, material, or earth storage; or by temporary or permanent construction vehicle access or circulation.
(i)
Statements of fact for items of information deemed appropriate by the Planning staff to be placed on the final plats may be required by the Elected Body during the review and approval of the preliminary subdivision plat. Such information or statements of fact shall be limited to the following:
(i)
The location of any proposed or planned thoroughfare. If the location of such thoroughfare has not been determined, a statement as to which lots may be affected or that the entire subdivision may be affected by the thoroughfare under study may be required.
(ii)
Planned public facilities identified in the Capital Improvement Program of the jurisdiction or in Legacy or other plans of the jurisdictions;
(iii)
Other information deemed to be in the public interest by the Elected Body.
(j)
In residential districts, the subdivider of property shall provide a type III bufferyard within the required yard adjacent to all thoroughfares and collector streets, except collector streets interior to the subdivision, and all railroad rights-of-way. Use of earthern berms as described in Section B.3-5.2(B)(4) is encouraged.
(C)
Approval Process for Preliminary Subdivision Approval ..... The following is the process for preliminary subdivision approval:
(1)
Application by the owner or owner's agent shall be made at the office of the Elected Body at least thirty-one (31) calendar days prior to the date on which the Elected Body holds a regular monthly meeting. The Elected Body shall act on the preliminary subdivision plat within a reasonable period of time but shall not exceed ninety (90) days from the date of application without the written consent of the subdivider.
(2)
Applications for preliminary subdivision approval shall be reviewed by the Planning staff site plan committee, the interdepartmental site plan committee, and/or the Elected Body site plan subcommittee. These committees shall forward a recommendation to the Elected Body for consideration at its monthly public hearing.
(3)
Modifications to the original preliminary subdivision plat may be required by Planning staff prior to the Elected Body meeting. Revised plats must be received no later than two (2) days prior to the Elected Body meeting so that the plans can be prepared and distributed for the meeting.
(4)
The Elected Body shall give careful study to the preliminary subdivision plat taking into consideration the applicable recommendations of Legacy , the plans of the jurisdictions, requirements of the community and the best possible use of the land to be subdivided, together with the prospective character, whether residential, business, or industrial. Attention shall be given to street widths, arrangement, and circulation, surface drainage and sanitation, lot sizes and arrangement, and, if acceptable to the jurisdiction, neighborhood and community requirements such as parks, schools, and playgrounds.
(5)
The Elected Body may approve a preliminary subdivision plat as submitted by the applicant, approve the subdivision with conditions as authorized in Section B.6-1.3(A)(1) and as recommended by the staff or added and/or revised by the Elected Body at the meeting, or deny the subdivision. If the conditions on the subdivision are accepted by the applicant, they shall become binding on the development of the subdivision. If the conditions of approval are accepted by the owner or owner's agent, the subdivision shall be approved. Otherwise the subdivision shall be denied. Failure to comply with any conditions of approval set by the Elected Body, shall result in the preliminary subdivision approval becoming null and void.
(6)
The Elected Body may approve preliminary subdivisions with changes to the plat at the meeting. Such changes shall be made to the plat and new plats submitted to Planning staff no later than thirty (30) days after the meeting at which the plat was approved. Failure of the owner or owner's agent to submit corrected copies of the plat within the thirty (30) day period shall result in the approval by the Elected Body being null and void.
(7)
A preliminary subdivision plat being reviewed by the Elected Body in which the owner or owner's agent contest a recommendation or requirement by the site plan review committees may be continued to the next regularly scheduled meeting or public hearing at the discretion of the Elected Body. This continuance could allow the board the necessary time to evaluate the applicant's concerns. The owner or owner's agent shall have a total of no more than twelve (12) minutes to present proposals to the Elected Body.
(8)
Preliminary subdivision approval by the Elected Body shall constitute approval of the general widths and alignments of streets, the general dimensions and shapes of lots, and the type of public or private utilities to be used. The approval shall be valid for two (2) years and shall be noted on the plat and certified by Planning staff. The plat shall have the date of preliminary subdivision approval and the date of written notification to the owner or owner's agent specifying the conditions, if any, of the approval. The conditions of approval shall also be shown on the plat. Planning staff will distribute the approved preliminary subdivision plats to applicable governmental agencies.
(D)
Application Requirements for Preliminary Subdivision Approval ..... The following are the application requirements for preliminary subdivision approval:
(1)
Application form for preliminary subdivisions approval completed in full (forms may be obtained at the office of the Elected Body.
(2)
Tax map(s) showing the proposed property for preliminary subdivision approval and all surrounding property (may be obtained at the Forsyth County Tax Office in the Old Courthouse Building).
(3)
Application fee as adopted by the Elected Body payable to the City of Winston-Salem. This fee shall be waived if the land proposed for preliminary subdivision approval is being simultaneously considered for rezoning.
(4)
Twenty-five (25) copies of site plans for preliminary subdivision approval shall be submitted in accordance with the requirements of this section at least thirty-one (31) calendar days prior to the next regularly scheduled Elected Body meeting. Staff shall be provided copies of the proposed site plan by the applicant at least three (3) working days prior to the filing deadline to determine if the required information is included and to offer other design comments prior to the formal filing deadline. Staff shall return the site plan with comments to the applicant or his agent at least one working day prior to the formal submittal deadline for plans submitted at least three (3) days in advance. The scale of the site plan shall not be smaller than one inch represents one hundred (100) feet (1" = 100'). Any other scale must be approved by Planning staff.
(a)
Location Map at a scale not smaller than one inch represents two thousand (2,000) feet (1" to 2,000'), indicating the location of the site and showing:
(i)
The intersection of at least two (2) public streets nearest to the property; and,
(ii)
North arrow.
(b)
Title Block to appear in the lower right hand corner of the plat:
(i)
Development name;
(ii)
Name and address of owner and petitioner;
(iii)
Name and address of architect, land planner, landscape architect, engineer or surveyor who prepared the plat and the Registration Seal;
(iv)
Date survey was made, if applicable; if survey not required for preliminary; and,
(v)
Scale, date, and north arrow.
(c)
Legend (in vacant space on right hand side of plat) - See Legend Form available in the office of the Elected Body.
(d)
Property Boundaries with bearings and distances.
(e)
Adjacent Property Lines with ownership indicated.
(f)
Natural Features existing:
(i)
Streams, drainage ways, floodway and floodway fringe boundaries and elevations,
(ii)
Wooded areas and other natural features,
(iii)
Topography at no greater than four (4) foot intervals when available distinction between existing and proposed topography lines to be shown according to the following: existing-light dashed lines; proposed - thin solid lines; and
(iv)
Natural features to be left undisturbed. Any existing trees to be retained shall be preserved during construction in accordance with Section D.4(B)(4)(h).
(g)
Constructed Features - existing and proposed:
(i)
Rights-of-way and easements with type and widths indicated and an indication of whether public or private;
(ii)
Private and public drives including pavement widths, names and an indication of whether public or private, (access drives and parking areas to be shaded in);
(iii)
All major public serving utility lines visible on the site including water, sewer, power, telephone, gas, cable, or any other public utility;
(iv)
Public/private water and sewer systems to be used;
(v)
All other easements, parklands, playgrounds, sidewalks, and other common or public areas;
(vi)
Lot lines, dimensions, and lot numbers;
(vii)
Finished elevations on all center lines of new streets and of any stub streets shall be specified both on the site and at connection with adjacent property(s); and,
(viii)
All streets, driveways, etc. (including pavement and right-of-way) within one hundred (100) feet of the project site.
(E)
Extension of Preliminary Subdivision Approval
(1)
General. ..... An extension of preliminary subdivision approval may be approved for subdivisions which have not been recorded on final plats within the two (2) year period after approval by the Elected Body. An extension of preliminary subdivision approval, if granted, shall be for one year and shall be renewable, however, no extension may be granted to extend approval beyond five (5) years after the original date of preliminary approval. Such extensions shall be considered only, when in the opinion of Planning staff, there is no significant change in either the basic intent, concept, and general layout as originally approved by the Elected Body or the conditions or regulations for the general area where the subdivision is proposed.
(2)
Effective Date of the Unified Development Ordinances;b ..... i;.
(a)
If a valid preliminary subdivision approval was in effect on the effective date of the Unified Development Ordinances and the preliminary approval expires within one year of the effective date of the Unified Development Ordinances , one extension may be granted. Said extension must be granted within one year of the effective date of the Unified Development Ordinances ;
(b)
If a preliminary subdivision approval has expired as of the effective date of the Unified Development Ordinances but the original preliminary approval was granted after the date of adoption of Legacy , one extension may be granted. Said extension must be granted within one year of the effective date of the Unified Development Ordinances ; or,
(c)
If one or more sections of the subdivision had received final plat approval prior to the effective date of the Unified Development Ordinances , extensions may be granted.
(3)
Approval Process. ..... Application for an extension of preliminary subdivision approval shall be submitted to Planning staff. Planning staff shall, within five (5) working days after the receipt of the request from the owner or owner's agent, grant or deny the request for an extension of preliminary subdivision approval. If granted, a letter shall be sent to the owner or owner's agent stating the extension and the extended date of approval.
(4)
Application Requirements. ..... Application requirements for an extension of preliminary subdivision approval shall consist of a letter submitted to Planning staff requesting the extension from the owner or owners agent and a fee as adopted by the Elected Body payable to the City of Winston-Salem.
(F)
Revised Preliminary Subdivision Approval ..... Planning staff may grant a revised preliminary subdivision approval if Planning staff finds that the revision is consistent with the basic intent and concept of development exhibited in the original preliminary subdivision approval granted by the Elected Body. This process may also be used to make minor changes or modifications to previously approved preliminary subdivision plats that could not be granted an extension of preliminary subdivision approval under Section D.4(E).
(1)
Approval Process. ..... Application for a revised preliminary subdivision approval shall be submitted to Planning staff. Planning staff shall, within five (5) working days after an application is received, grant or deny the revised preliminary subdivision approval. If granted, Planning staff will distribute the revised preliminary subdivision plats to applicable governmental agencies and the owner or owner's agent. The original conditions of approval by the Elected Body will still be applicable. Planning staff may change conditions or add additional conditions for revised preliminary subdivisions approval as necessary.
(2)
Application Requirements. ..... The following are the application requirements for a revised preliminary subdivision approval:
(a)
Letter from the developer/owner stating the changes in the preliminary subdivision plat;
(b)
Two (2) revised copies of the preliminary subdivision plat; and
(c)
Application fee as adopted by the Elected Body payable to the City of Winston-Salem.
(G)
Withdrawal of Preliminary Subdivision Approval ..... Any owner or owner's agent who does not want to subdivide the property or any portion thereof according to the preliminary subdivision approval which was granted by the Elected Body must have the preliminary subdivision approval withdrawn by the Elected Body. This provision would be applicable to properties that the owner or owner's agent may want to subdivide as either a subdivision exempted by state law or court judgment or a minor subdivision. The withdrawal request must be received by Planning staff by the filing deadline for the next Elected Body meeting. The withdrawal request shall be placed on the Elected Body agenda. If the withdrawal request is approved by the Elected Body, the owner or owner's agent may subdivide the property in accordance with the provisions of other sections of these regulations.
(H)
Recording Final Plats ..... The final or record subdivision plat shall be prepared and submitted to Planning staff by the owner or owner's agent and recorded in the office of the Register of Deeds within two (2) years after the approval of the preliminary subdivision plat by the Elected Body or an extension of preliminary subdivision approval as provided in Section D.4(E) or a revised preliminary subdivision approval as provided for in Section D.4(F) must be granted. Plat(s) will be signed by Planning staff when all the following requirements have been met:
(1)
Conformance of Final Plat. ..... The final plat shall conform to the preliminary subdivision plat and the conditions as approved by the Elected Body, the recording requirements of State law and shall meet the requirements as listed in Chapter 1235, 1959 Session Laws (G.S. 47-30 as amended) General Assembly of North Carolina.
(2)
Required Information and Certifications. ..... Final plats will not be signed by Planning staff until all of the following information or certifications are received, if applicable:
(a)
Street Improvements. No final plat shall receive approval by Planning staff until the completion of street and sidewalk improvements has been certified to the Planning staff by the Director of Public Works or the District Engineer of the North Carolina Department of Transportation.
(b)
Plat Recordation: Residential (Single Family; Duplex; Twin Home; and Multifamily*) .
Prior to Recordation of Plat
(i)
Construction plans for infrastructure (public and private) approved by the Director of Public Works or North Carolina Department of Transportation, whichever is applicable, and Utilities Director.
(ii)
Complete all utilities (unless City-County Utilities Director has agreed to surety in lieu of construction for off-site sewer outfalls), drainage, curbing, stone base and street signs to be in place and functioning. In lieu of placing first/bottom layer of asphalt, developer shall protect manholes, inlets, pipes, valves, hydrants, and curb during building construction.
(iii)
Detailed estimate of incomplete infrastructure, based on approved plans in (i) above, prepared by the design engineer and approved by the Director of Public Works or North Carolina Department of Transportation, whichever is applicable.
(iv)
Form and conditions of surety for incomplete infrastructure approved by the Town Attorney to be held until final acceptance of streets, drainage, and utilities.
NOTE: For multifamily development, two (2) stage platting will be allowed. The final plat will verify common wall and infrastructure as-built locations.
(c)
Plat Recordation: Nonresidential.
(i)
Construction plans for infrastructure (public and private) approved by the Director of Public Works or North Carolina Department of Transportation, whichever is applicable, and Utilities Director, and
(ii)
Detailed estimate, for incomplete infrastructure construction, based on approved infrastructure construction plans in (i) above prepared by the design engineer and approved by the Director of Public Works or North Carolina Department of Transportation, whichever is applicable, and
(iii)
Form of surety for all or incomplete infrastructure approved by the Town Attorney to be held until final acceptance of streets, drainage, and utilities.
(d)
Certificate of Occupancy: Residential (Single Family; Duplex; Twin Home; and Multifamily*), and Nonresidential.
(i)
Complete sidewalks, if required, or repairs to sidewalks damaged during construction, and
(ii)
Install street trees, if required, and
(iii)
Install driveway from street with a smooth and level transition from the sidewalk, if provided across the driveway, and
(iv)
Complete street to the building/lot including in front of the subject building/lot with at least the first/bottom layer of asphalt on public and private streets (not parking lots or access easements)
NOTE: Section D.4.(H)(2)(d)[i - iv] above will be verified by the City-County Inspections Division with final acceptance and approval to be verified by the North Carolina Department of Transportation during the Final Street and/or Utility Acceptance procedures of Section D.4(H)(2)(e) below.
(e)
Final Street and/or Utility Acceptance: Residential (Single Family; Duplex; Twin Home; and Multifamily*), and Nonresidential.
(i)
Design Engineer Certification approved by the North Carolina Department of Transportation shall statement shall be placed on each sheet of the record drawings and shall include all public and private streets, drainage, water and sewer infrastructure on the approved construction plans.
(ii)
Infrastructure Record Drawings approved by North Carolina Department of Transportation. These record drawings will include all "as-constructed" location, size, length, slope, invert/top elevations, and pipe material used. The record drawings shall also include phases/sections (current and previous), street names, lot lines, lot numbers, addresses, street rights-of-way, and easements (on and off-site) as approved and/or as recorded.
(iii)
All public and private infrastructure completed and accepted by the North Carolina Department of Transportation.
(f)
The developer of design engineer shall, based upon the approved infrastructure plans and in accordance with the Infrastructure Development Standards, prepare a detailed, unit price cost estimate to complete the approved infrastructure for submittal to the Director of Public Works or North Carolina Department of Transportation, whichever is applicable, for review and approval. To this approved estimate shall be added a minimum twenty-five percent (25%) contingency plus an amount estimated by the Director of Public Works or North Carolina Department of Transportation, whichever is applicable, to reimburse the Town of Walkertown for its administrative costs to process the completion of the approved infrastructure. The amount of surety posted shall not be less than the sum of the estimated infrastructure costs, the contingency amount, and the estimated administrative enumerated above. The surety shall be satisfactory to the attorney of the jurisdiction as valid, sufficient and enforceable. Such surety shall be conditioned upon the performance of all work necessary to make the specified improvements within a stipulated period not to exceed two (2) years from the date of the surety. Such surety shall provide that an action may be instituted by the jurisdiction for breach of any term(s) or condition(s) upon failure of the principal to perform the obligation(s) in all respects within one year from the end of the stipulated period during which the work required is to be performed. A bond, an irrevocable letter of credit issued by a bank in a form approved by the Attorney of the jurisdiction or a deposit of funds in escrow may be accepted under the same terms and conditions applicable to sureties. The bond, letter of credit, or deposit may be released by the jurisdiction when the specified improvements covered by the bond have been completed and approved by the Director of Public Works or the North Carolina Department of Transportation, whichever is applicable, as being in accordance with the jurisdiction's standards and specifications. Notwithstanding the above requirements, if a development is financed in whole or in part through aid from the Federal Housing Authority or another agency of the federal or State governments, and said federal or State agency requires the filing of performance and payment bonds to insure completion of the specified improvements in accordance with approved plans, the filing of said performance and payment bonds is to be accepted in lieu of the sureties described above, so long as the local jurisdiction is named as a beneficiary of the surety posted.
(g)
Private Utilities. No final plat shall receive approval unless the following private utilities have either been constructed or approved plans prepared and, if applicable, the execution guaranteed by a good and sufficient surety or performance bond as discussed in Section D.4(H)(2)(a)(i):
(i)
For all subdivisions which propose to use private water systems or private septic systems, those facilities shall be installed in conformance with the standards of the Public Health Department. For private septic systems, lots will be approved only if they are at least twenty thousand (20,000) square feet in area and have been certified in writing by the Public Health Department to be Provisionally Suitable or Unsuitable for on-site sewage disposal. Larger lot sizes may be required by other local or state land regulatory ordinances.
(h)
Statement. No subdivision shall be granted final approval until Planning staff has received a statement duly acknowledged before some officer authorized to take acknowledgment of deeds and signed and executed by each owner of the property and the owner's spouse, if any, (the word owner used herein is defined to include private corporations) to the effect that:
(i)
The subdivision plan and land shown on the final plat is made with the owner's free consent and in accordance with the owner's desires;
(ii)
The dedication of streets or roads shown on the plat is freely offered to the public for public use;
(iii)
The property shown on the plat is not encumbered by a recorded deed of trust or mortgage or by a judgment rendered by any court. (If the property is encumbered by a recorded deed of trust or mortgage, a duly acknowledged statement containing the consent of the trustee and the holder of the lien shall be submitted. Proof of the satisfaction and discharge of any judgment shall be shown).
Such statements shall, after examination by Planning staff, be recorded on a separate document with the final plat or shall be shown on the face of the final plat which is recorded in the office of the Register of Deeds (see Planning staff for copies of appropriate dedication statements).
(i)
Platting Urban Residential Buildings. Urban residential buildings with all units retained in common ownership may be platted without individual units defined.
(j)
Floodway and Floodway Fringe. All floodway or floodway fringe areas and base flood elevations shall be accurately delineated and identified on the final plats according to the Federal Emergency Management Agency (FEMA) maps, where available.
(k)
Wetlands. Any areas delineated by the United States Army Corps of Engineers as Wetlands shall be accurately identified on the final plat.
(l)
Utility or Other Easements. All public or private utility easements, drainage easements, sight distance easements, and, if contemplated in the development, sign easements for subdivision markers shall be shown on the final plat.
(m)
Greenway or Other Public Easements or Dedication of Public Lands. Any greenway or other public easements or fee simple dedication of public lands or public right-of-way required as a condition of preliminary subdivision approval shall be accurately delineated on the final plat.
(n)
Existing Trees to be Retained. Any existing trees to be retained shall be shown on the final plat and protected in accordance with Section D.4(B)(4)(h).
(o)
Statements of Fact. Any statements of fact required in Section D.4(B)(4)(i) and made a condition of preliminary subdivision approval, shall be shown on the final plat. Any statements of fact which may become obsolete or are no longer required for public notification, may be removed by Planning staff from the final plat after notification of the Elected Body. A new final plat must be recorded to remove these statements of fact.
(p)
Street Traffic Signs. Street traffic signs (e.g., stop signs, etc.) shall be installed in accordance with the specification of the North Carolina Department of Transportation prior to signing final plats. If bonds are posted for street construction in the subdivision, these bonds shall not be released until said street traffic signs are installed to the specifications of the North Carolina Department of Transportation.
(q)
Street Name Signs. Street name signs shall either be installed in the subdivision in accordance with the specification of the North Carolina Department of Transportation. If bonds are posted for street construction in the subdivision, these bonds shall not be released until said street name signs are installed to the specifications of the North Carolina Department of Transportation.
(NOTE: In subdivisions in applicable areas of The Town of Walkertown, the owner or owner's agent must install the street signs).
(r)
Subdivision Phasing and Illogical Phasing Determinations by Planning Staff. The final plat shall represent the full plan of development for the subdivision or the subdivision may be developed in phases or sections. If developed in phases or sections, each plat shall denote phase or section numbers in numerical order as the subdivision is developed. The Planning staff may determine that a phase or section of the development is illogical due to its proximity to adjoining property or for other valid reasons. The reasons for any illogical phasing determination by the Planning staff must be stated to the owner or owner's agent. The owner or owner's agent may appeal the Planning staff's illogical phasing determination to the Elected Body in accordance with Section D.1(K).
(s)
Tax pin numbers must be shown on the final plat.
(t)
Street addresses must be shown on the final plat.
(u)
Public Recordation of landfill. Any portion of a site used for a landfill.
(3)
Endorsement of Approval. ..... Upon approval of a final plat such approval shall be indicated by a statement to that effect on the print of the final plat with the signature of Planning staff. The approval statement shall read as follows:
Planning Department/Review Officer
Final Subdivision Plat ApprovalThis is to certify that this plat meets the recording requirements of the Unified Development Ordinance Subdivision Ordinance for the Town of Walkertown
I ___________, Review Officer of Forsyth County, certify that the map or plat to which this certification is affixed meets all statutory requirements for recording.
Approved _____
Director of Planning/Review Officer
This the _______ day of ________, 20___.
Forsyth County, North Carolina
(4)
Application Requirements. ..... The following are the application requirements for final plats:
(a)
Preliminary Review. Eight (8) paper print copies of the proposed final plat shall be submitted to the office of the Planning Board for preliminary review by Planning staff at least fifteen (15) days prior to the desired recording date. After the preliminary review, Planning staff will return to the applicant a copy of the proposed plat with any changes marked along with any other information needed to approve the final plat (see Section D.4(H)). The applicant shall return the marked copy to Planning staff when the final plat is brought in for recording to ensure all necessary corrections have been made. Verification that all necessary corrections have been made and stamping and signing of the verified final plat shall occur within one working day.
(b)
Final Plat. Two (2) archival mylar copies of the final plat shall be submitted for approval to the Planning staff. The final plat shall contain all the changes, corrections, and information required by Planning staff and shall conform to all the requirements of these regulations and any other recording requirements of local or State law.
(c)
Application Fee. Application fee as adopted by the Elected Body payable to the City of Winston-Salem shall be paid prior to Planning staff signing the final plat.
(5)
Effect of Approving and Recording the Final Plat. ..... Approval of the final plat by Planning staff and subsequent filing of such plat in the office of the Register of Deeds shall be deemed a dedication of all streets and other public areas for public use or public easements as shown on the plat. Recording the final plat shall have the effect of transferring:
(a)
Proposed public areas other than streets in fee simple to the jurisdiction;
(b)
Proposed streets in fee simple to the jurisdiction; and,
(c)
Proposed streets to the purchasers of the property and to the general public in areas outside the corporate limits or areas being annexed into the Town of Walkertown, the corporate limits and zoning and subdivision jurisdiction of Kernersville, or the corporate limits of Clemmons, or the corporate limits of Lewisville.
(WA-UDO 8, § 2, 11-29-07; WA-UDO-15, § 1, 2-24-11)