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A. Applicability

1. A preliminary plat shall be required for all subdivision of land within the jurisdiction of this Ordinance for developments of more than six lots. A preliminary plat is required for development of six lots or less unless there is no public dedication of land, no streets, no utility extensions, no required diffuse flow mechanisms, and no required stormwater management facilities.

2. Subdivision approval requires the submission of both preliminary and final plats and full interagency review for conformity with the requirements of this Ordinance and other development-related ordinances.

3. Where site plans, as required by this Ordinance, serve as preliminary plats for subdivisions, they shall satisfy these submission requirements in addition to those required for zoning compliance.

B. Public Notice

Any preliminary plat application that involves criteria pursuant to paragraph 3.7.3B, Major Site Plans, shall be noticed pursuant to paragraph 3.2.5D, Public Notification Service.

C. Action by the Planning Director

Staff review agencies shall complete review and transmit comments back to the Planning Director or designee.

D. Action by the Approving Authority

The preliminary plat 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, historic preservation plans, open space plans, greenways plans, transportation plans, gateway plans, corridor plans, collector street 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 of lands for public streets and roads.

1. The review of preliminary plats may be delayed by no more than 45 calendar days if the proposed subdivision contains sites which appear in an adopted plan or policy documents as a future site for a public school or other public facility, recreation area, park, greenway or other open space. During preliminary plat review, the appropriate entity responsible for future site acquisition shall be given 45 calendar days from date of plat submission to decide if it wishes to reserve the site.

2. If the site is not to be reserved, the subdivision shall be processed in the normal fashion. If the agency wishes to reserve the site and specifies such intent in writing to the Planning Director or designee, the subdivision shall not be approved without the reservation.

3. Public school authorities shall have 18 months from the date of preliminary plat approval to acquire the site by purchase, by receipt of dedication, 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 and apply for revised preliminary plat approval for its use.

Commentary: See NCGS §160D-804(f).

4. Public agencies other than schools shall have 120 calendar days from the date of preliminary plat approval to arrange for site acquisition for public facilities by option to purchase, by purchase, by receipt of dedication, 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 and apply for revised preliminary plat approval for private use of the property.

F. Issuance of Required Permits

1. Upon preliminary plat 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 is approved.

G. Preliminary Plat Revisions

1. Minor revisions to approved preliminary plats, 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, 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 shall retain its validity for four years, if:

a. A permit to begin development pursuant to the plat, such as a land disturbance permit, a building permit, or an improvement permit has been issued and has remained continuously valid thereafter; and,

b. Building or land disturbing activity has begun on the property.

2. The issuance of a building permit or a certificate of compliance within a phase of a project shall not extend the validity of the preliminary plat for the unbuilt portions of that phase or any future phases of the project for which building permits have not been issued.

3. Preliminary plat amendments shall not extend the validity of the original approved preliminary plat.

4. Validity may be extended if vesting is determined per Sec. 3.20, Vested Rights.