SUBDIVISION ORDINANCE

TOWN OF LANDIS

NORTH CAROLINA

This Ordinance is a reprint of Chapter 13 of

the Code of Ordinances of the Town of

Landis, North Carolina published by order

of the Town Board of Aldermen. This

reprint includes all amendments adopted

by the Town Board as of October 2006.

SUBDIVISION REGULATIONS

TOWN OF LANDIS, NORTH CAROLINA

TABLE OF CONTENTS

PAGE

ARTICLE I LEGAL PROVISIONS

Section 13-1 Short Title 1

Section 13-2 Purpose 1

Section 13-3 Authority 1

Section 13-4 Jurisdiction 1

Section 13-5 Subdivision Administrator 1

Section 13-6 Plats Required for Subdivision 2

Section 13-7 Permits Not Issued 2

Section 13-8 Penalties 3

Section 13-9 Amendment Procedure 3

Section 13-10 Effective Date 3

Section 13-11 Compliance with Zoning Ordinance 3

Section 13-12 Separability 4

ARTICLE II DEFINITION OF TERMS

Section 13-13 Definitions 5

ARTICLE III PROCEDURE FOR SECURING APPROVAL

Section 13-14 Minor Subdivision Approval 9

Section 13-15 Pre-application Conference 9

Section 13-16 Preliminary Plat Submittal 9

Section 13-17 Construction Plat Submittal 10

Section 13-18 Authorization to Install Improvements 11

Section 13-19 Final Plat Submittal 12

Section 13-20 Exception Submittal 13

ARTICLE IV PLAT REQUIREMENTS

Section 13-21 Preliminary Plan 14

Section 13-22 Construction Plans 15

Section 13-23 Final Plat 17

ARTICLE V DESIGN STANDARDS

Section 13-24 Design Standards 21

ARTICLE VI INSTALLATION OF IMPROVEMENTS

Section 13-25 Installation of Improvements 26

Section 13-26 Guarantee of Improvements 26

Section 13-27 Installation of Improvements 26

Section 13-28 Improvements Beyond the Town Limits 28

ARTICLE VII VARIANCES

Section 13-29 Variances 29

ARTICLE VIII PLANNED DEVELOPMENT

Section 13-30 Planned Development 30

ARTICLE IX WATER SUPPLY WATERSHED REGULATION

Section 13-31 Overview 31

Section 13-32 Definitions 31

Section 13-33 General Provision 33

Section 13-34 Subdivision Application and Review Procedures 34

Section 13-35 Subdivision Standards and Required Improvements 35

Section 13-36 Information to be Depicted on Sketch Plan 37

Section 13-37 Information to be Depicted on Preliminary

and Final Plats 38

Section 13-38 Watershed Regulation Variance 38

Section 13-39 Amendments to WS Regulation 45

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ARTICLE I

LEGAL PROVISIONS

Section 13-1 Short Title

This Ordinance shall be known and may be cited as The Subdivision Regulations

of the Town of Landis, North Carolina.

Section 13-2 Purpose

The purpose of this regulation is to establish procedures and standards for the

development and subdivision of real estate within the corporate limits of the

Town of Landis in an effort to, among other things, insure proper legal

description; identification, monumentation and recordation of real estate

boundaries; further the orderly layout and appropriate use of the land; provide

safe, convenient and economic circulation of vehicular traffic; provide suitable

building sites which drain properly and are readily accessible to emergency

vehicles; assure the installation of improvements; promote the eventual

elimination of unsafe or unsanitary conditions arising from undue concentration

of population and, help conserve and protect the physical and economic resources

of the Town of Landis and to facilitate the further resubdivision of large tracts

into smaller parcels of land.

Section 13-3 Authority

The Town Board of Alderman of the Town of Landis hereby exercises its

authority, pursuant to the provisions of Chapter 160A, Article 19, Section 371 et.

Seq. of General Statutes of North Carolina.

Section 13-4 Jurisdiction

The regulations shall govern all subdivisions of land within the corporate limits of

the Town of Landis, North Carolina as now or hereafter established.

Section 13-5 Subdivision Administrator

This Ordinance shall be administered by the Subdivision Administrator and he

shall be appointed by the Board of Aldermen. The Subdivision Administrator is

hereby authorized and it shall be his power and duty to implement the provisions

of this Ordinance with the assistance of the Technical Review Committee. He

shall be responsible for conferring with subdivider, reviewing plans and plats of

land subdivisions, coordinating and collaborating with the technical staff on plans

and plats, make field investigations and final inspections of all improvements

prior to submission of final plats to the Town Board. (Amended and Adopted

May 22, 1980)

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Section 13-6 Plats Required for Subdivision

Prior to the subdivision of a tract or parcel of land, a plat shall be prepared,

approved, and recorded pursuant to the provisions of this Ordinance. No plat

shall be required for a division of land under an exception listed in Section 13-13

(2a-e).

Prerequisite to Plat Recordation. The Recorder shall not file or record a

plat of land within the jurisdiction of this Ordinance unless the appropriate

certificates of approval are present and executed.

Exceptions. Plats not subject to the provisions of this Ordinance

(Reference Section 2.01 (2a-e) may be recorded provided the owner

desiring to record such plats shall obtain a certificate of exception from the

Subdivision Administrator and shall present said certification to the

recorder as proof the exception condition is present.

Certification of Exception. I (We) hereby certify that I am (we are) the

owner(s) of the property shown and described hereon, which was

conveyed to me (us) by deed recorded in Book , Page ,

and that said property qualified as an exception to the Subdivision

Ordinance of Landis, North Carolina, under Section 2.01 (2a-e).

OWNER(S) DATE

SUBDIVISION ADMINISTRATOR DATE

Section 13-7 Permits Not Issued

No administrative agent of the Town of Landis shall issue any permit for the

construction of any building, approval of electrical installation or other

improvements requiring a permit upon any land for which a subdivision plat is

required unless and until the requirements of this Ordinance have been complied

with and approval granted in accordance with this Ordinance.

No street shall be recommended for maintenance by the Town of Landis nor by

the North Carolina Department of Transportation unless and until the provisions

of this Ordinance have been complied with the approval granted in accordance

with this Ordinance.

The approval of a subdivision plat pursuant to this Ordinance shall not be deemed

to constitute or effect the acceptance of the Town of Landis, the North Carolina

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Department of Transportation, or other public agency of the dedication of any

street, utility line, or other public facility site shown on the plat.

Section 13-8 Penalties

Any person who, being the owner or the agent of the owner of any land within the

subdivision jurisdiction of the Town of Landis, hereafter subdivides such land in

violation of this Ordinance by reference to, exhibition of, or any use of a plat

showing a subdivision of land before such plat has been properly approved under

the provisions of this Ordinance and recorded in the Office of the Register of

Deeds of Rowan County, shall be guilty of a misdemeanor. This Ordinance may

also be enforced by injunction, order of abatement, or other equitable remedy

upon application to the General Court of Justice. The description by metes and

bounds in the instrument of transfer shall not exempt the transaction from such

penalties, or from the equitable remedy of injunction.

Section 13-9 Amendment Procedure

This Ordinance may be amended from time to time by the Town Board of

Aldermen of the Town of Landis as provided by law, but no amendment shall

become effective unless it shall have been proposed by or shall have been

submitted to and a recommendation received from the Planning Board. The

Planning Board shall have forty-five (45) days within which to submit its

recommendation to the Town Board of Aldermen. If the Planning Board fails to

submit a recommendation to the Town Board within the specified time, it shall be

deemed that the Planning Board has approved the proposed amendment.

Section 13-10 Effective Date

This Ordinance shall take effect and be in force from and after the date of its

adoption by the Board of Aldermen for Landis, North Carolina.

Section 13-11 Compliance With Zoning Ordinance

All subdivisions authorized and developed within the jurisdiction of the Town of

Landis shall comply with the regulations of the Zoning Ordinance of the Town of

Landis for the district in which it is located. In the case of a conflict between the

standards required for development in this Ordinance and the Zoning Ordinance,

the more restrictive standard shall apply. Any variances or special exceptions

(conditional uses) necessary to allow subdivision of property shall be obtained as

provided for in that Ordinance prior to the approval of the preliminary plat.

Where other applicable regulations, ordinances, or statutes that have more

restrictive regulation shall govern. (Amended and Adopted May 22, 1980)

Section 13-12 Separability

Should any section of this Ordinance be declare by a court of appropriate

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jurisdiction to be invalid or unconstitutional, such declaration shall not effect the

Ordinance as a whole, or any other part thereof other than the part so declare as

invalid or unconstitutional.

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ARTICLE II

DEFINITION OF TERMS

Section 13-13 Definitions

For the purpose of this Ordinance, certain words or terms used herein shall be

defined as follows:

1. Shall – the word “shall” is always mandatory and not merely directory.

2. Subdivision – a “subdivision” shall include all divisions of a tract or parcel

of land into two (2) or more lots, building sites, or other divisions, for the

purpose, whether immediate or future, of sale or building development,

and shall include all divisions of land involving the dedication of a new

street or a change of existing streets; provided however, that the following

shall not be included within this definition nor be subject to the regulations

prescribed by this Ordinance:

(a) The combination or re-combination of portions of previously

platted lots where the total number of lots is not increased and the

resultant lots are equal to or exceed the standards of the Town as

required by this Ordinance.

(b) The division of land into parcels greater than ten (10) acres where

no street right-of-way dedication is involved.

(c) The public acquisition by purchase of strips of land for the

widening or opening of streets.

(d) The division of a tract of land in single ownership whose entire

area is not greater than two (2) acres into not more than three (3)

lots, where no street right-of-way dedication is involved, and

where the resultant lots are equal to or exceed the standards of the

Town, as required by this Ordinance.

(e) The division of a cemetery into gravesites.

3. Subdivider – any person, firm or corporation who subdivides or develops

any land deemed to be a subdivision as herein defined.

4. Planning Board – the Town of Landis Planning Board.

5. Official Maps of Plans – any maps or plans officially adopted by the Town

Board as a guide for the development of the Town and surrounding area.

6. Street – a dedicated and accepted public right-of-way for vehicular traffic.

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All streets must be brought to NCDOT standards before acceptance for

public maintenance. Only streets listed on the Town’s Powell Map or

within NCDOT jurisdiction are considered public. Effective October 3,

2006.

(a) Thoroughfare. A traffic artery designed primarily to carry heavy

volumes of through vehicular traffic.

(b) Major Street. A street designed to carry heavy volumes of local

vehicular traffic.

(c) Collector Street. A street designed to carry medium volumes of

vehicular traffic, provide access to major street system and collect

the vehicular traffic from the intersecting minor streets.

(d) Minor Street. A street which provides vehicular access to the

abutting properties.

(e) Cul-de-sac. A street having but one end open to traffic and the

other permanently terminated by a vehicular turn-around.

(f) Marginal Access Street. A minor street which parallels and is

adjacent to a major street or highway; and which provides access

to abutting properties and protecting from through traffic.

7. Lot – a portion of a subdivision or any other parcel of land intended as a

unit for transfer of ownership or for development or both. The word “lot”

includes the word “plot” or “parcel”.

(a) Double-Frontage. A lot of the same depth as the width of a block

containing two tiers of lots and which is accessible from both the

streets upon which it fronts. Corner lots are not included unless

they front on three streets.

(b) Single-Tier. A lot which backs upon a limited access highway, a

railroad, a physical barrier, or a nonresidential use and to which

access from the rear is usually prohibited.

(c) Corner Lot. A lot, which has continuous frontage on two

intersecting streets.

(d) Lot Depth. The distance of a line connecting midpoints of the

front and rear lines of a lot.

(e) Lot Width. The distance between the sidelines of a lot measured

on a line drawn perpendicular to the line used in measuring the lot

depth and bisecting said line at its midpoint.

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(f) Reverse Frontage Lot. A continuous lot between two streets

accessible from only one of the streets upon which it fronts.

8. Easement – a grant by the property owner for use by the public, a

corporation, or person(s) or a strip of land for specified purposes.

9. Building Setback Line - a line parallel to the front property line in front of

which no structure shall be erected.

10. Planned Development - a development comprising two or more structures

built on a single lot or parcel of land, not subsequently to be subdivided

into conventional streets and lots, and designed for occupancy by separate

families, business firms, or other enterprises.

11. Town – the Town of Landis, North Carolina.

12. Town Board – Town Board of Aldermen, Town of Landis, North

Carolina.

13. Exception – a division of land specifically described in the definition of a

subdivision as not being subject to the regulations prescribed by this

Ordinance.

14. Map of Recordation – a plat that depicts existing property where neither

the act of subdivision nor exception thereto is existent.

15. Through Street – any street not ending in a permanent deadend. A cul-de-

sac is not a through street. A street ending at a property boundary is a

through street.

16. Technical Review Committee – the Technical Review Committee shall

review all preliminary, construction, and final plats before they are

approved. The committee shall include the Subdivision Administrator, the

Town Clerk, the Director of Public Works, the Town Planner, a designated

member of Planning Board as selected by the Planning Board (effective

October 3, 2006), and any other individuals and agencies determined by

the Subdivision Administrator that their expertise is necessary for the

adequate review of the proposed subdivision. (Amended and Adopted

May 22, 1980)

17. Minor Subdivision – for the purposes of these regulations, a minor

subdivision is defined as a subdivision:

(a) Involving not more than four lots fronting on an existing approved

street; and

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(b) Not involving any new street or prospectively requiring any new

street for access to interior property; and

(c) Not requiring extension of public sewage or water lines or creation

of new drainage easements through lots to serve property at the

rear; and

(d) Creating no new or residual parcels not conforming to the

requirements of these regulations and related controls.

18. Major Subdivision – a subdivision of greater than four (4) lots.

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ARTICLE III

PROCEDURE FOR SECURING APPROVAL

Section 13-14 Minor Subdivision Approval

Minor subdivision as defined in Section 13-13, subparagraph 17, may be

submitted through abbreviated procedure. A subdivider may submit a general

sketch plan to the Subdivision Administrator to be determined if the proposed

subdivision meets the definition of a minor subdivision. If the Subdivision

Administrator determines that the proposed subdivision is a minor subdivision

and the sketch plan does conform to the requirements and standards of this

Ordinance, the Subdivision Administrator is authorized to allow the subdivider to

prepare a final plat to be submitted as stated in Section 13-19.

Plans which are not approved may be revised and resubmitted or follow the

standard procedure for subdivision review. (Amended and Adopted May 2, 1980)

Section 13-15 Preapplication Conference

The subdivider is recommended to meet with the Subdivision Administrator in a

preapplication conference to discuss informally the provisions of this Ordinance

and the subdivision of land contemplated by the subdivider.

Section 13-16 Preliminary Plat Submittal

The subdivider shall submit three (3) copies of the preliminary plat to the

Subdivision Administrator. This submission shall be prepared in accordance with

the provisions of this Ordinance.

The procedure for securing approval of a preliminary plat is as follows:

(1) The Subdivision Administrator shall, where applicable, request review of

the preliminary plat by those state and county agencies which have

jurisdiction in the area.

(2) The preliminary plat shall be reviewed by the Technical Review

Committee. Comments and recommendations of the committee’s review

shall be prepared by the Subdivision Administrator and be transmitted to

the Planning Board with the preliminary plat within forty–five (45) days

(effective October 3, 2006) after submission of a preliminary plat to the

Subdivision Administrator.

(3) The Planning Board is required to act on the proposed subdivision

preliminary plat within sixty (60) days (October 3, 2006) after submission

of the plat to the Board. Should the Planning Board fail to act within the

period stated after submission of the preliminary plat, the subdivider may

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seek tentative approval at the next regularly scheduled meeting of the

Town Board.

(4) If the Planning Board conditionally disapproved the preliminary plat, the

reasons for such action shall be stated in writing and reference shall be

made to the specific sections of the Ordinance with which the preliminary

plat does not comply. Correction of the references shall be included in the

construction plat before it is submitted for review.

(5) Action of the Planning Board shall be affixed to the preliminary plat as

shown in Section 13-21, subparagraph (17). One print shall be retained by

and become a permanent record of the Subdivision Administrator. The

approval of the preliminary plat shall become null and void within one (1)

year unless the subdivider or his representative shall have prepared and

submitted for approval the construction plat as required by this Ordinance

or shall have applied for and received an extension of time from the

Planning Board.

If no street right-of-way is involved and no street improvements are

required to be made by the subdivider according to the provisions of this

Ordinance, the Subdivision Administrator may waive the requirement for

the preliminary plat.

The Subdivision Administrator, after approval, shall advise the subdivider

of the provisions of this Ordinance pertaining to the proposed subdivision

and the procedures to be followed in the preparation and submission of the

construction plat. (Amended and Adopted May 22, 1980)

Section 13-17 Construction Plat Submittal

The tentative approval of the preliminary plat by the Planning Board shall be a

prerequisite to the submittal of a construction plat unless this action was waived

by the Subdivision Administrator. Tentative approval of the construction plat by

the Town Board shall be prerequisite to the issuance of a statement of

authorization for the developer to install the required improvement in the

proposed subdivision as required by the Town of Landis.

The subdivider shall submit three (3) copies of the construction plans for required

street and community utility improvements to the Subdivision Administrator. This

submission shall be prepared in accordance with the provisions of this Ordinance.

The procedure for securing approval of a construction plat is as follows:

(1) A construction plat shall be in conformity with a tentatively approved

preliminary plat unless the preliminary plat has been waived by the

Subdivision Administrator or the required change to the preliminary plat

has been incorporated into the construction plat.

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(2) The Subdivision Administrator shall, where applicable, request review of

the construction plat by those state and county agencies which have a

jurisdiction in the area being developed.

(3) The construction plat shall be reviewed by the Technical Review

Committee. Comments and recommendations of the committee’s review

shall be prepared by the Subdivision Administrator and be transmitted to

the Town Board with the construction plat.

(4) Approval of the construction plat shall be obtained from the Town Board.

If the Town Board disapproves the construction plat, the reasons for such

action shall be stated in the minutes of the Town Board and reference shall

be made to the specific section of the Ordinance with which the

construction plat does not comply.

(5) Action of the Town Board shall be affixed to the construction plat as

shown in Section 13-22, paragraph III. Two (2) prints shall be retained by

and become a permanent record of the Town of Landis, one for the Town

Clerk, one for the Subdivision Administrator. The approval of the

construction plat shall become null and void within one (1) year unless the

subdivider or his representative shall have prepared and submitted for

approval the final plat as required by this Ordinance or shall have applied

for and received an extension of time for the Town Board.

If no street right-of-way or reservation is involved and no street

improvements are required to be made by the subdivider according to the

provisions of this Ordinance, the Subdivision Administrator may waive

the requirements for the construction plat. (Amended and Adopted May

22, 1980)

Section 13-18 Authorization to Install Improvements

No improvements shall be installed until a construction plat has been approved by

the Town Board. When the construction plat has been approved, a statement of

authorization to install improvements shall be lettered, stamped or otherwise

included on the construction plat. This statement shall be as follows:

Authorization to Install Improvements

The subdivider or developer is hereby granted permission to install the

improvements shown on this plat. All installation shall be done as shows

on this plat, any changes or alterations from this plat shall be approved by

the Director of Public Works prior to their installation.

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TOWN OF LANDIS, NORTH CAROLINA

________________________________ ________________________

SUBDIVISION ADMINISTRATOR DATE

(Amended and Adopted May 22, 1980)

Section 13-19 Final Plat Submittal

The subdivider shall submit three (3) copies of the final plat to the Subdivision

Administrator. This submission shall be prepared in accordance with the

provisions of this Ordinance.

No final plat shall be approved until all improvements are installed or their

execution guaranteed as set forth in this Ordinance and all certificates required on

final plats by this Ordinance have been properly completed and signed.

The procedure for securing approval of a final plat is as follows:

(1) A final plat shall be in conformity with a tentatively approved preliminary

plat and constructed plat unless the plat(s) have been waived by the

Subdivision Administrator.

(2) The Subdivision Administrator shall, where applicable, require review of

the final plat by those state and county agencies which have a jurisdiction

in the area being developed.

(3) The final plat shall be reviewed by the technical review Committee.

Comments and recommendations of the committee’s review shall be

prepared by the Subdivision Administrator and be transmitted to the Town

Board of Aldermen with the final plat.

(4) Action by the Town Board of Aldermen shall be noted on the original

mylar and on three (3) prints of the final plat. One print and the original

mylar shall be returned to the subdivider and one print shall be filed with

the Town Clerk. The third print shall become a permanent record of the

Subdivision Administrator. After a final plat has been approved by the

Board of Aldermen, the subdivider is hereby permitted to record the

subdivision plat at the Register of Deeds. (Amended and Adopted May 22,

1980)

Section 13-20 Exception Submittal

A plat of any division of land as described in Section 13-13, Paragraph 2,

subparagraphs (a) – (e), shall be submitted to the Subdivision Administrator who

shall determine the applicable subparagraph.

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The certificate of exception shall be affixed to the exception as shown in Section

13-6. One print shall be retained by and become a permanent record of the Town.

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ARTICLE IV

PLAT REQUIREMENTS

Section 13-21 Preliminary Plan

The preliminary plan shall be at an appropriate engineering scale but not less than

1” equals 200 feet. The preliminary plat shall provide the following information:

1. The location of existing and platted property lines, streets, buildings, water

courses, railroads, transmission lines, sewers, bridges, culverts and

drainpipes, water mains, town limit lines and any public utility easements.

2. Boundaries of tract show with bearing and distances. Tax parcel numbers

for all tracts shown.

3. Wooded areas, marshes, streams, creeks, wetlands, flood ways, and any

other conditions affecting the site.

4. Topography and contours at ten (10) feet intervals or less.

5. Names and adjoining property owners or subdivisions.

6. Zoning classification, if any, both on the land to be subdivided and on

adjoining lands.

7. Proposed streets, street names, rights-of-way, pavement widths, and

approximate grades.

8. The location of proposed utilities (sewer, water, gas electricity) showing

connections to existing systems or plans for individual water supply,

sewage disposal, storm drainage, etc.

9. Other proposed rights-of-way or easements: location, widths and purposes.

10. Proposed lot lines, lot and block numbers, approximate dimensions.

11. Proposed minimum building setback lines.

12. Proposed parks, school sites, or other public open space, if any.

13. Title, date, north point, and graphic scale.

14. Name of owner, engineer, surveyor and/or land planner.

15. Site data:

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(a) acreage in total tract

(b) acreage in park or other usable open space

(c) acreage in unimproved open space or buffer

(d) average lot size

(e) minimum lot size; typical building envelope

(e) total number of lots

(f) lineal feet in streets

(g) acreage of impervious area if parcel within a designated watershed

16. Sketch vicinity map showing relationship between subdivision and

surrounding area.

17. Certification approval: The following certification shall be lettered or

stamped or otherwise included on the preliminary plat in such a manner as

to insure that said certificate will be legible on any prints made therefrom:

I hereby certify that approval was granted to this preliminary plat by the

Landis Planning Board on the ________ day of _______________,

20____.

___________________________

Chairman

Section 13-22 Construction Plans

I. Plan

A. Title Data:

1. Date of submission

2. Name and address of owner(s)

3. Name of subdivision

4. Location designation (township, county, state)

5. Name and address of designer

6. Scale in figures and bar graph

7. North arrow

8. Tax Parcel Numbers

B. Street Data:

1. Physical features and structures in rights-of-way and

elsewhere as affected by street construction

2. Sufficient data on the center line of proposed streets to

readily verify compliance with the provisions of this

Ordinance including horizontal curve data (point of

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intersection, delta angle, degree of curve, radius of curve,

length of curve, tangent distance), station equality at

intersections, width of existing pavements and rights-of-

way, and typical street section

3. Utilities including existing and proposed municipal water

and sewer systems and other underground utilities and

appurtenances

4. Storm drainage facilities including the location, size, and

drainage area of bridges, culverts, and drain pipes

II. Profile

A. Street Data:

1. Center line profiles of proposed streets. Said profiles shall

be extended beyond the property being subdivided

sufficiently to verify the feasibility of the proposed street

2. Center line vertical curve data and elevations

3. Center line profiles of intersecting streets (existing and

proposed)

4. Grades

5. Station and elevation of intersecting streets

6. Existing street and property line elevations

7. Street names must be coordinated with Rowan County

8. Bench-mark description and elevation

B. Utilities including existing and proposed municipal water and

sewer systems and other underground utilities and appurtenances

C. Storm draining facilities including top and invert elevations for

catch basins and manholes

III. Certification of Approval

The following certification shall be lettered or stamped or otherwise

included on construction plat in such manner as to insure that said

certificate will be legible on any prints made therefrom:

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I do hereby certify that on the _______ day of _____________,

20____, the Town Board of Aldermen of the Town of Landis,

North Carolina, approved this construction plat. This certificate of

approval is not intended to be construed to be approval of the final

plat nor approval of the proposed subdivision to be recorded at the

Register of Deeds.

_______________________

Town Clerk

Section 13-23 Final Plat

The final plat shall be at the scale and size (Revised October, 1988) required by

the Register of Deeds of Rowan County and shall conform substantially to the

preliminary plat as approved. The final plat shall constitute only that portion of

the approved preliminary plat which the subdivider proposes to record and

develop at the time provided, however, that such portion conforms to all

requirements of this Ordinance. The final plat shall be prepared on mylar by an

engineer or registered surveyor and shall show the following information:

1. The lines of all streets and roads.

2. Lot lines and lot numbers.

3. Minimum building setback lines.

4. Reservations, easements, alleys, and any areas to be dedicated to public

use or sites for other than residential use with notes stating their purposes

and any limitations.

5. Sufficient data to determine readily and reproduce on the ground the

location, bearing and length of every street line, lot line, boundary line,

block line and building line, whether curved or straight, and including true

north point. This should include the radius central angle, point of tangent,

tangent distance and arcs and chords of all curved streets and curved

property lines.

6. All dimensions should be to the nearest one-tenth (1/10) of a foot and

angles to the nearest minute.

7. Accurate location and description of all monuments and markers.

8. The names and locations of subdivision, and streets, and the location, tax

parcel number, and ownership of adjoining unsubdivided property.

9. Title, date, name and location of subdivision, and graphic scale.

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10. Name of subdivider, engineer, surveyor and/or land planner.

11. Utility layouts:

(a) Water

(b) Gas

(c) Sanitary sewer

(d) Storm drainage

12. Forms for final certifications: The following certificates shall be lettered

or rubber stamped or otherwise included on the final plat in such a manner

as to insure that said certificates will be legible on any prints made

therefrom:

(a) Certificate of Ownership and Dedication

I (We) hereby certify that I am (we are) the owner(s) of the

property shown and described hereon, and that I (we) hereby adopt

this plan of subdivision with my (our) free consent, and hereby

establish all lots, with setback lines, and dedicate all streets, alleys,

walks, parks, and other sites to public or private use as noted.

Further, I(we) certify the land as shown hereon is within the

platting jurisdiction of the Town of Landis.

____________________ ______________________________

Date Owner

______________________________

Owner

(Note: All current owners must sign plat. Please include

signature and date lines for all owners.)

(b) Certificate of Accuracy

I, ____________, certify that this plat was drawn under my

supervision from an actual survey made under my supervision

(deed description recorded in Book ________, Page _________;

that the boundaries not surveyed are clearly indicated as drawn

from information found in Book _________, Page ________; that

the ratio of precision as calculated is 1:______; that this plat was

prepared in accordance with G.S. 47-30, as amended. Witness my

original signature, registration number and seal this ________ day

of ______________, ___________.

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_____________________________

Surveyor

Seal or Stamp

_____________________________

Registration Number

(c) Certificate of the Notary shall read as follows:

“North Carolina, __________County.

I, a Notary Public of the County and State aforesaid, certify that

__________, a registered land surveyor, personally appeared

before me this day and acknowledged the execution of the

foregoing instrument. Witness my hand and official stamp or seal,

this ___________ day of _________, 20______

_____________________________

Notary Public

Seal or Stamp

Commission Expires___________”

(d) On the Approval of the Installation and Construction of Streets,

Utilities and Other Requirement Improvements

I hereby certify: (1) that streets, utilities and other required

improvements of this subdivision have been installed in an

acceptable manner and according to Town specifications and

standards or, (2) that a guarantee of the installation of the required

improvements in an amount or manner satisfactory to the Town of

Landis has been received.

__________________ (1)___________________________

Date Subdivision Administrator

__________________ (2)___________________________

Date Town Clerk

(e) Certificate of Approval for Recording Plan and Acceptance of

Dedications

I do hereby certify that on the ________ day of ______________,

20____, the Town Board of the Town of Landis approved this plat

for recording and accepted the dedication of the streets, easements,

rights-of-way and public parks and other sites for public purposes

as shown hereon, but assume no responsibility to open or maintain

20

the same until, in the opinion of the governing body of the Town of

Landis, it is in the public interest to do so.

____________________ ______________________________

Date Mayor

13. Upon final approval and execution of plat certification, the subdivider

shall promptly have the plat recorded paying all fees. Two (2) blue-line

copies of evidence of final plat recording shall be furnished to the Town,

including date, book, and page (Revised October, 1988).

21

ARTICLE V

DESIGN STANDARDS

Section 13-24 Design Standards

Land shall be subdivided in accordance with good land planning practices

including adequate consideration of the natural topography and drainage features

and suitability of the site for development proposed. Design standards shall

conform to the following:

1. Conformity to Existing Maps or Plans. The location and width of all

proposed streets shall be in conformity with official plans or maps of the

Town of Landis and with existing or amended plans for the Planning

Board.

2. Continuation of Adjoining Street System. The proposed street layout shall

be coordinated with the street system of the surrounding area and where

possible, existing principal streets shall be extended.

3. Access to Adjacent Properties. Where, in the opinion of the Town it is

desirable to provide for street access to an adjoining property, proposed

streets shall be extended by dedication to the boundary of such property

and temporary turn-around (cul-de-sac) shall be provided.

4. Utilities. Electric, cable, data, and telephone lines must be installed

underground.

5. Private Streets and Reserved Strips. There shall be no private streets or

reserve strips platted in any subdivision

6. Large Tracts or Parcels. Where land is subdivided into larger parcels than

ordinary building lots, such parcels shall be so arranged as to allow for the

opening of future streets and logical further resubdivision.

7. Double-Frontage and Single-Tier Lots. Double-frontage lots shall be

avoided. Single-tier lots of greater than minimum depth should be

provided along thoroughfares or major streets, railroads, physical barriers

and non-residential uses.

8. Contour Map. If, in the opinion of the Town, the topography or drainage

characteristics of the tract of land to be subdivided warrants special

consideration, the subdivider shall submit, upon request, a contour map of

a specified interval.

9. Street Names. Proposed streets, which are obviously in alignment with

others existing and named, shall bear the assigned name of the existing

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streets. In no case shall the name for proposed streets duplicate or be

phonetically similar to existing street names, irrespective of the use of the

suffix street, avenue, boulevard, drive, place, court, etc.

10. Storm Drainage. All water courses not situated within street rights-of-way

but which provide drainage for public streets shall be designated and

improved in one of the following ways:

(a) Wherever the storm drainage is to be conducted in an enclosed

subsurface drain, the pipe size, location and grade shall be as

approved by the Town and an easement of approved width shall be

clearly shown and located on the plat. Such easement shall be kept

free and clear of any buildings or other improvements which would

interfere with the proper maintenance of the underground pipes.

(b) Wherever a water course is too large to be accommodated in

subsurface drains, a dedication of land to public use for storm

drainage and park purposes shall be made except where an

easement may be allowed as specified below. For any area so

dedicated to public use, at least forty percent (40%) of its total

perimeter shall abut one or more public streets and the average

width of the area shall be at least two hundred (200) feet.

(c) In those situations where a water course cannot be accommodated

in an area dedicated to public use for storm drainage, a drainage

easement on private property having a minimum width of one

hundred (100) feet or wider as required by the Town unless

channel improvements of a permanent nature will allow a lesser

width, may be permitted upon specific approval of the Planning

Board.

11. Site for Public Uses. In subdividing property due consideration shall be

shown by the subdivider for public needs by the provision of lands for

parks, schools and other public uses.

(a) Where a school site may be required according to plans for the

development of an adequate school system, a reservation of land

for this purpose shall be shown on the preliminary plat and the

subdivider shall make such school site available for acquisition by

the appropriate school board for a period of at least three years

after the date of preliminary approval.

(b) It is hereby determined that at least ten percent (10%) of the area

of a subdivision is necessary and appropriate to meet the needs of

such subdivision for park and recreation uses exclusive of property

required primarily for storm drainage purposes and provided that

such parks land shall be established within the limits of good

23

design. Wherever land is subdivided and sufficient appropriate and

adequate space to meet the needs of the particular subdivision for

park and recreation purposes is made an integral part of the design,

the Town may consider a proposal to reimburse the subdivider for

such park land in an amount not to exceed the raw land value as

established by competent appraisal.

(c) Wherever park land is shown as a part of a subdivision, it shall

conform to the following:

(1) All land proposed for purchase as park sites shall be shown

on the preliminary plat and be subject to the approval of the

Planning Board prior to submission to the Town Board.

(2) Land dedicated for park purposes may be contiguous with

an area used primarily for drainage; however, park lands

must be separate and apart from flood plains, drainage and

other easements. Consideration should be given to park

lands adjacent to proposed school sites. A fee simple deed

granting to the Town of Landis the area on said plat

dedicated for parks shall accompany all final plats;

provided that in the event the plat is not approved by the

Town Board the deeds shall be deemed to be not accepted

by the Town and shall be returned to the grantor or

grantors.

Street Standards. Subdivision streets shall conform to the most current

standards of the N.C. Department of Transportation.

NCDOT’s Subdivision Standards (Minimum Construction Manual) are to

be used for all streets improvements except for specific requirements as

indicated below. Effective October 3, 2006.

12. Intersections. Street intersections shall be laid out as follows:

(a) Streets shall intersect as nearly as possible at right angles and no

street shall intersect at less than sixty (60) degrees.

(b) Intersections with a major street or highway shall be at least eight

hundred (800) feet apart measured from centerline to centerline.

(c) Property lines at street intersections shall be rounded with a

minimum radius of twenty (20) feet.

(d) Street jogs with centerline off-sets of less than one hundred

twenty-five (125) feet shall be prohibited.

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13. Cul-de-sacs. Permanent deadend streets shall not exceed six hundred (600)

feet in length and shall be provided with a turn-around having a roadway

diameter of at least eighty (80) feet and a right of way diameter of at least

one hundred (100) feet. Temporary deadend streets shall be provided with

a turn-around having a radius of at least one-half the right-of-way of the

street.

14. Alleys. Alleys of at least twenty (20) feet in width shall be provided to the

rear of all lots used for business purposes and shall not be provided in

residential blocks unless approved or required by the Town Board. All

deadend alleys shall be provided with a turn-around having a roadway

diameter of at least eighty (80) feet.

15. Blocks. The length and width of blocks within subdivisions shall be as

follows:

(a) Length. Block length shall not exceed fourteen hundred (1,400) feet or

be less than four hundred (400) feet. Where deemed necessary by the

Planning Board, a pedestrian cross-walk at least five (5) feet in width

may be required.

(b) Width. Blocks shall have sufficient width to allow two tiers of lots of

minimum depth except where a greater width is required to separate

residential development from through vehicular traffic.

16. Lots. All lots shall front upon a public street and the size, shape and

orientation of lots shall be appropriate for the type of development and use

contemplated. Residential lots shall comply with the following

requirements:

(a) Area. All lots shall meet the minimum lot area requirements as found

in Section 16-4.3 of the Landis Zoning Ordinance. Lots not

served by a public water supply or public sewer shall not be less

than one acre in area. The water supply watershed regulations or the

Rowan County Health Department may require larger lots than the

minimum zoning requirement for any given district. The stricter

requirement will apply. Effective October 3, 2006.

(b) Width and Depth. The width of residential lots shall be no less than

forty percent (40%) of the depth of the lot, but no lot shall be required

to be more than one hundred fifty (150) feet in width.

(c) Orientation. Side lot lines shall be substantially at right angles or radial

to street lines.

25

17. Building Setback Lines. The minimum setback from property lines

shall be: in conformance with the requirements found in Section 16-4.3 of

the Landis Zoning Ordinance, according to zoning district. Effective

October 3, 2006.

18. Easements. Utility and other easements shall be provided as follows:

(a) Utility easements when and where required shall be a minimum of

twenty (20) feet along rear property and boundary lines and ten (10)

feet along side property lines.

(b) Where a subdivision is traversed by a water course, drainage way,

channel, or stream, there shall be provided a storm water easement or

drainage right-of-way conforming substantially with the lines of

such water course, and such further width or construction, or both, as

well be adequate for the purpose. Parallel streets or parkways may be

required in connection therewith.

(c) Lakes, ponds, creeks, greenways, and similar areas within the Town

may be accepted for maintenance only if sufficient land is dedicated

as a neighborhood recreation area or park or if such area constitutes

a necessary part of the drainage control system. Such areas must be

approved by the Planning Board before approval of the final plat.

(d) Storm Water control structures.

19. Buffer Strips. An undisturbed, vegetative buffer strip at least fifty (50) feet in

depth in addition to the normal lot depth required shall be provided around the

perimeter of the development. No structures or fences shall be allowed in the

buffer strip and the strip shall be maintained in a natural state by a designed

homeowners association (HOA). This strip shall not be a part of any platted

lots, but shall have the following restriction lettered on the face of the plat:

“This strip reserved, structures or fences are prohibited.” Effective October 3,

2006.

20. Site Grading and Trees. To the greatest extent possible minimal grading of the

site should be done, avoiding wholesale cutting and clearing of trees and using

cut & fill activities. Alternatives may be suggested. A grading plan and tree

survey may be required for site plan approval. Effective October 3, 2006.

26

ARTICLE VI

INSTALLATION OF IMPROVEMENTS

Section 13-25 Installation of Improvements

Approval of the final plat shall be subject to the subdivider having installed the

improvements hereinafter designated or having guarantee to the satisfaction of the

Town, the installation of said improvements.

Section 13-26 Guarantee of Improvements

Where the required improvements have not been completed prior to the

submission of the plat for final approval, the approval of said plat shall be subject

to the subdivider guaranteeing the installation of the improvements in one of the

following methods:

1. Filling a performance or surety bond in an amount of one and one-half (1

½) times the estimated costs of improvements.

2. Depositing or placing in escrow a certified check or cash in an amount of

one and one-half (1 ½) times the estimated costs of improvements.

Portions of the security deposit may be released as work progresses.

Section 13-27 Installation of Improvements

A. Street Improvements:

1. Clearing, Grubbing, Grading, and Draining. Rights-of-way shall be

cleared and grubbed in accordance with the requirements set forth in

the most recent published standards of the NC Department of

Transportation. Street grading and drainage shall be completed in

accordance with the most current published standards of the NC

Department of Transportation.

2.Base and Surface. All materials, the construction of the shoulder and

disturbed portions of the right-of-way, and the application of the base

course and pavement surface shall meet the requirements set forth in the

most recent published requirements of the NC Department of

Transportation.

(a) Paving of Streets Required. In all subdivisions paving of

streets is required. Paving of streets shall be done in

accordance with the most recent published standards of the

NC Department of Transportation (NCDOT) .

(b) Stabilization. All unsurfaced portions of street rights-of-

way shall be stabilized by seeding, mulching and fertilizing

27

or another equally effective method.

B. Clearing of Drainage Courses. All debris, fallen trees, junk and other

accumulations of a nature that will impede the passage of waters in their

downstream course or cause flooding shall be removed from the channel

and banks of any stream, creek, and drainage way of the subdivision site.

C. Removal of Rubbish. All fallen trees, stumps, junk, and rubbish of any

nature resulting from the grading of streets or the clearing of lots in the

subdivision shall be completely buried, destroyed, or removed from the

subdivision site. In no case shall material be buried on a platted lot,

easement, right of way, designated improved open space, park area, or

flood area. Effective October 3, 2006.

D. Monuments and Markers. Monuments and markers shall be located an

installed as required in accordance with the rules and regulations of the

NC Manual of Practice for Land Surveying, Volume I, and NC General

Statutes 39-32.1, 2, 3, and 4, as amended. Monuments and markers shall

be of the design and type described in said rules and regulations.

E. Street Signs. Street name signs shall be erected by the subdivider at each

street intersection to Town standards.

F. Community Utilities. Storm sewers, sanitary sewers and water mains shall

be installed in accordance with established standards of the Town of

Landis. Installation of underground electric and telephone lines is

required.

G. Curb, Gutter and Sidewalks. All subdividers shall provide, curb gutters,

and sidewalks. Standards of construction are the current standards of the

NC Department of Transportation (NCDOT). Specific requirements:

Five foot (5’) sidewalks are required along both sides of all streets and

roads including cul-de-sacs with minimum 3’ planting strips. Curbs are to

be vertical design with driveway cuts. Street trees are desired. Any street

trees and the planting strips are to be maintained by the property owner or

designed homeowner association (HOA). Effective October 3, 2006.

H. Sedimentation and Erosion Control Plan. A sedimentation and erosion

control plan shall be prepared in accordance with the Sedimentation

Pollution Control Act of 1973, G.S. 113A, Article 4, and the Rowan

County Soil Erosion and Sedimentation Ordinance.

I. Street Lights. Decorative pedestrian streetlights are required in all major

residential subdivisions, exact design criteria subject to Planning Board

approval, at a minimum of 500-foot interval. Effective October 3, 2006.

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Section 13-28 Improvements Beyond the Town Limits

All properties proposed for subdivision outside the corporate limits of the Town

of Landis and requesting connection to any or all town utilities shall conform to

the standards and provisions of this Ordinance and all other town policies and

requirements.

29

ARTICLE VII

VARIANCES

Sectin 13-29 Variances

Where, because of topographical or other conditions peculiar to the site, strict

adherence to the provisions of the regulations of this Ordinance would cause an

unnecessary hardship, the Planning Board may recommend and the Town Board

authorize a variance, if such variance can be made without destroying the intent of

this ordinance. Any variance thus authorized is required to be entered in writing in

the Minutes of the Planning Board and of the Town Board and the reasoning on

which the variance was justified set forth.

30

ARTICLE VIII

PLANNED DEVELOPMENT

Section 13-30 Planned Unit Development

Subject to the approval of the Town Board, the standards and requirements of this

Ordinance may be modified by the Planning Board in the case of a plan and

program for a complete planned development, which in the judgement of the

Planning Board provides adequate public spaces and improvements for the

circulation, recreation, light, air and service needs of the tract when fully

developed and populated, and which also provides such covenants or other legal

provisions as will assure conformity to and achievement of the plan.

Adopted March 6, 1978

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SUBDIVISIONS

ARTICLE IX

WATER SUPPLY WATERSHED REGULATIONS

Section 13-31 Overview

The provisions of Article IX, Section 13 shall be applicable only to subdivisions

located in a Water Supply Watershed designated by the North Carolina

Environmental Management Commission and as depicted on the Town of Landis'

Official Zoning Map. Such provisions are enacted under Chapter 143, Article 21,

Watershed Protection Rules, and are designed to promote the public health, welfare,

and safety of local citizens.

Where the boundary of a particular Water Supply Watershed (WS) district lies at a

scaled distance of less than twenty-five (25) feet from an adjoining lot line, the lot

line boundary may be used as said watershed district boundary. Where said

boundary is more than twenty-five (25) feet from an adjoining lot line, the location

of that watershed district shall be determined using the scale on the Zoning Map.

Section 13-32 Definitions

Balance of the Watershed. Remaining area of a WS-III watershed outside of the

designated critical area.

Best Management Practices (BMP). A structural or nonstructural management-

based practice used singularly or in combination to reduce non-point source inputs to

receiving waters in order to achieve water quality protection goals.

Buffer, Vegetative. An area of natural or planted vegetation through which

stormwater runoff flows in a diffuse manner so that the runoff does not become

channelized and which provides for infiltration of the runoff and filtering of

pollutants. The buffer is measured landward from the normal pool elevation of

impounded structures and from the bank of each side of streams or rivers.

Built-Upon Area. Built-upon area shall include that portion of a development

project excluding public dedicated rights of way, that is covered by impervious or

partially impervious cover including buildings, pavement, gravel area (e.g., roads,

parking lots, paths) recreation facilities (e.g., tennis courts), etc. (NOTE:

Wooden slatted decks and the water area of a swimming pool are considered

pervious. (Adopted January 8, 1996)

Cluster Development. The grouping of buildings in order to conserve land

resources and provide for innovation in the design of the project including

minimizing stormwater runoff impacts. This term includes nonresidential

32

development as well as single-family residential subdivision and multi-family

developments. (Amended and Adopted January 8, 1996)

Critical Area. The area adjacent to a water supply intake or reservoir where risk

associated with pollution is greater than from the remaining portions of the

watershed. The critical area is defined as extending either one-half mile from the

normal pool elevation of the reservoir in which the intake is located or to the ridge

line of the watershed (whichever comes first). Local governments may extend the

critical area as needed. Major landmarks such as highways or property lines may be

used to delineate the outer boundary of the critical area if these landmarks are

immediately adjacent to the appropriate outer boundary of one-half mile.

Development. Any land disturbing activity which adds to or changes the amount of

impervious or partially impervious cover on a land area or which otherwise

decreases the infiltration of precipitation into the soil.

Development, Existing. Those projects that are built or those projects that at a

minimum have established a vested right under North Carolina Zoning Law as of the

effective date of this ordinance based on at least one of the following criteria:

1) substantial expenditures of resources (time, labor, money) based on a good

faith reliance upon having received a valid local government approval to

proceed with the project, or

2) having an outstanding valid building permit as authorized by the General

Statutes (G.S. 160A-385.1), or

3) having an approved site specific or phased development plan as authorized

by the General Statutes (G.S. 160A-385.1).

Existing Lot (Lot of Record). A lot which is part of a subdivision, a plat of which

has been recorded in the Office of the Register of Deeds prior to October 1, 1993 of

this Ordinance, or a lot described by metes and bounds, the description of which has

been so recorded prior to October 1, 1993. (NOTE: This definition containing the

October 1, 1993 stipulation shall be applicable only to Article IX, Section 13 of this

Ordinance. Otherwise, the term "existing development" shall be employed with

reference to time on and after the effective date of this Ordinance.)

Family Estate Subdivision

Family subdivision means a division of a tract of land from a common ancestor

among tenants in common, all of whom inherited by intestacy or by will.

(Adopted January 8, 1996)

High Density Option. Any development which contains engineered stormwater

control devices approved by the Town of Landis, thereby enabling development to

occur at a higher intensity (than that of the low density option were used) as

33

prescribed by the Environmental Management Commission's adopted Water Supply

Watershed Protection Rules.

Low Density Option. Any development which does not contain engineered

stormwater control devices (i.e., wet detention ponds) approved by the Town of

Landis.

Protected Area. The area adjoining and upstream of the critical area in a WS-IV

water supply in which protection measures are required. The boundaries of the

protected areas are defined as within five (5) miles of the normal pool elevation of

the reservoir and draining to water supply reservoirs (measured from the normal

pool elevation) or to the ridge line of the watershed (whichever comes first). Local

governments may extend the protected area. Major landmarks such as highways or

property lines may be used to delineate the outer boundary of the protected area if

these landmarks are immediately adjacent to the appropriate outer boundary of five

(5) miles. In some cases the protected area will encompass the entire watershed.

(Amended and Adopted January 8, 1996)

Variance, Major. A variance from the Town's water supply watershed regulations

that results in the relaxation by a factor greater than five (5) percent of any buffer,

density, or built-upon requirement under the high density option; or any variation

in the design maintenance, or operation requirements of a wet detention pond or

other approved stormwater management system; or relaxation by a factor greater

than ten (10) percent of any management requirement under the low density

option. (Amended and Adopted January 8, 1996)

Variance, Minor. A variance from the Town's water supply watershed regulations

that result in a relaxation by a factor of up to five (5) percent of any buffer,

density, or built-upon area requirement under the high density option; or that

results in the relaxation of up to ten (10) percent under the low density option.

(Amended and Adopted January 8, 1996)

Water-Borne Structure. Any structure for which the use requires access to or

proximity to or citing within surface waters to fulfill its basic purpose, such as boat

ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants,

outlets for boat supplies, parking lots and commercial boat storage areas are not

water dependent structures. (NOTE: This definition shall apply to Article IX,

Section 13 only.)

Section 13-33 General Provisions

Any subdivision of land (as herein defined) which is located within a Water Supply

Watershed shall not be filed or recorded by the Register of Deeds until it has been

approved in accordance with the provisions of this Chapter. Likewise, the Clerk of

Superior Court shall not order or direct the recording of a plat if the recording of

such plat would be in conflict with Article IX, Section 13.

34

Notwithstanding the above, Water Supply Watershed regulations shall not be

applicable in family estate subdivisions (as defined in Section 13-32). (Adopted

January 8, 1996)

All subdivisions of land shall have a statement signed by the Subdivision

Administrator indicating whether or not a subdivision lies within a designated Water

Supply Watershed. Said statement shall take one of the following forms, as

appropriate:

1) The (name of subdivision) Subdivision, to the best of my knowledge, does

not lie within a Water Supply Watershed designated by the North Carolina

Division of Environmental Management.

Date Subdivision Administrator

2) Lots (fill in appropriate lot numbers) of the (name of subdivision)

Subdivision, to the best of my knowledge, lie within the (classification of

watershed) of the (name of body of water), as designated by the North

Carolina Division of Environmental Management. Lots (fill in appropriate

lot numbers) of the (name of subdivision) do not lie within a water supply

watershed.

Date Subdivision Administrator

3) All lots within the (name of subdivision), to the best of my knowledge, lie

within the (classification of watershed) of the (name of body of water), as

designated by the North Carolina Division of Environmental Management.

Date Subdivision Administrator

Section 13-34 Subdivision Application and Review Procedures

Subdivisions not located within a designated Water Supply Watershed shall not be

subject to the regulations of this Section. In addition, any subdivision located within

a WS-IV watershed shall be subject to these regulations only when an erosion and

sedimentation control plan is required to be filed under provisions of the North

Carolina General Statutes or an adopted local sedimentation control ordinance.

To Determine Applicability to Watershed Overlay for WS IV ONLY:

1) Verify actual size of lot/area @ October 1993 to determine if area was

greater than one (1) acre in size.

35

2) State Sediment & Erosion law covers all land distributed (total development

area) – 1 acre or more requires a plan; under 1-acre not mandatory unless

problematic, still can not have erosion or sediment run-off, must use fencing,

rock dams, ponds.

3) Should area be 1 acre or more, require S&E Plan, letter of compliance from

Rowan County, and watershed overlay does applies.

4) Should area be less than 1 acre, owner must get letter from Rowan County

stating a S&E plan is not necessary, then watershed overlay does not apply.

Section 13-35 Subdivision Standards and Required Improvements (amended October 3,

2006)

Section 13-35.1 (a) Residential Density Limitations. Except as herein provided or addressed in

Section 13-34, every lot created for single-family development and recorded

after the effective date of these regulations shall meet the minimum lot areas

described below. However, where a PUD is employed and cluster

development is approved by the Planning Board, then the percentage of built

upon area maybe employed instead of the minimum lot size requirement.

The high-density option may also be used with Town Board approval as

prescribed in Section 16-13.8 of the Landis Zoning Ordinance. In all cases,

best management practices (BMP’s) must be used to insure water quality.

Any lot not to be used for single-family residential purposes shall be noted

on the preliminary and final plats with the designation "NOT FOR

SINGLE-FAMILY RESIDENTIAL PURPOSES".

WATER SUPPLY WATERSHED MAXIUM DENSITY

DISTRICT IN WHICH THE LOT IS

LOCATED

WS-II Critical Area (Lake Wright) Low Density: One dwelling unit

per each 2 Acres or 6% built upon.

High Density: 6-24%

WS-III Critical Area (Kannapolis Lake) Low Density: One dwelling unit

per acre (or lots of minimum of

40,000 sq. ft. excluding roadway

right-of-way) or 12% built upon.

High Density: 12-30%

WS-III Balance of Watershed Area

(Kannapolis Lake) Low Density: Two dwelling units

per acre (or lots of minimum of

40,000 sq. ft. excluding road-way

right-of-way) or 24% built upon.

High Density: 24-50%

36

WS-IV Critical Area (Lake Fisher) Two dwelling units per acre (or lots

of minimum of 20,000 sq. ft.

excluding roadway right-of-way) or

24% built upon.

High Density: 24-50%

WS-IV Protected Area (Lake Fisher) Two dwelling units per acre (or lots

of minimum of 20,000 sq. ft.

excluding roadway right-of-way) if

curb and gutter provided; or three

dwelling units per acre if curb and

gutter not provided); or 24% built

upon.

High Density: 24-70%

(Amended and Adopted January 8, 1996)

Section 13-35.1(b) Residential development employing the high-density option must be submitted as a

Planned Unit Development (PUD.

Section 13-35.2 Residential Cluster Development. Said minimum lot sizes (as required by

the watershed regulation not the underlying zoning district) may be reduced

in a cluster subdivision so long as the overall density of the subdivision does

not exceed that which would be allowed if clustering were not employed.

Any development utilizing the cluster method must be submitted as a

Planned Unit Development (PUD).

37

An example of how this is to be interpreted follows:

Insert Drawing

FACTS

1. Tract A located in a WS-IV Protected area district.

2. Low density option being used.

3. Tract A contains 85 acres.

4. Maximum single-family density of 2 dwelling units (21,780 sq. ft./1/2

acre lots) is allowed where curb and gutter are required.

5. Tract A is allowed to have 170 single-family residential lots.

(85 acres x 2 = 170)

DEVELOPMENT CAPABILITIES

1. Cluster development can contain 170 lots.

2. Lot sizes of less than 21,780 sq. ft. are permitted so long as no more than

170 lots are created.

Section 13-35.3 Non-residential Development. Non-residential development is limited to

the built-upon requirements of the designated watershed, expressed as a

percentage. Lot size must conform to the underlaying zoning district

requirements.

Section 13-36 Information To Be Depicted on Sketch Plan.

In addition to all information required to be placed on the sketch plan as indicated in

the Section 13-14 of this Ordinance, the following information shall also be shown

on or attached to any sketch plan containing properties located within a designated

Water Supply Watershed:

1) Identification of property located within a designated Water Supply

Watershed.

38

Section 13-37 Information To Be Depicted on Preliminary and Final Plats

In addition to all information required to be placed on plats as indicated in Sections

13-16 and 13-19, the following information shall also be shown on or attached to

any plat containing properties located within a designated Water Supply Watershed.

An "X" indicates what information is required.

Preliminary Final

Information Plat Plat

1) Certification that Subdivision X X

Lies Within a Watershed (per

Section 13-33)

2) Designation of Foot Vegetative X X

Watershed Buffer(s) along

Perennial Streams. Said buffer

shall be a minimum of thirty (30)

feet in width if subsequent

development takes place under the

low density option, or one hundred

(100) feet in width if subsequent

development takes place under the

high density option.

3) Identification of Lots not to be X X

Developed for Single-Family

Residential Purposes

4) Acreage of Each Lot Not Being X X

Developed for Single-Family

Residential Purposes

5) Identification of stormwater X X

drainage facilities used (including

direction of flow); Best Management

Practices employed; and impervious

area calculations for each lot.

Section 13-38 Watershed Regulation Variances

Section 13-38.1 Minor Variances

Applications for minor variances (see definition) shall be handled in the following

manner:

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A) Application Form and Fee. An application for a minor variance shall be on a

form prescribed by the Town and shall be accompanied by a fee, the amount

of which is in accordance with a fee schedule established by the Town. An

application will not be considered complete unless it contains all information

required and is accompanied by said fee. The application shall be

accompanied by a map clearly identifying the subject property and all

contiguous pieces of properties (including all properties traversed and/or

separated by a road stream right-of-way, or any similar natural or man-made

configuration). In addition, a list of names and addresses of the owners of

said properties, from the most recent official tax records, shall be provided

by the applicant.

All applications shall be submitted to the Subdivision Administrator. Once

having received an application, the Subdivision Administrator shall have

fifteen (15) working days to determine its completeness. If he determines

that the application is not complete, he shall serve a written notice on the

petitioner specifying the application's deficiencies. The Subdivision

Administrator shall take no further action on the application until the

deficiencies are remedied. If the Subdivision Administrator fails to so notify

the petitioner, the application shall be deemed complete.

Note: Any request to vary maximum density or built-upon areas shall

be deemed a major variance request.

B) Scheduling of Board of Adjustment Meeting. The Subdivision

Administrator, having determined that an application is complete, shall place

the application on the agenda of the next regularly scheduled meeting of the

Board of Adjustment, occurring at least fifteen (15) days thereafter.

C) Public Hearing Notification. The Board of Adjustment shall hold a public

hearing on the application at said meeting. Notification of said public

hearing shall be as follows:

Notices shall be sent by the Town by first class mail to the applicant, and to

owners of all contiguous properties at least five (5) days prior to the public

hearing. Said mail notice plus a description of the variance being requested

shall also be sent by first class mail to the Clerk of all municipal and county

governments having jurisdiction within the same watershed and to any major

consumer of water whose point of intake lies within the same watershed at

least five (5) days prior to the public hearing. The notice shall indicate the

nature of the public hearing and the date, time and place at which it is to

occur.

D) Public Hearing. The Board of Adjustment shall conduct the public hearing

in a quasi-judicial manner; with all persons giving testimony having first

been sworn. In all matters coming before the Board of Adjustment, the

applicant shall have the burden of providing clear, competent and material

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evidence in support of the application. The Board of Adjustment shall base

their decision on the testimony given at the public hearing, and on any

comments received from notified local governments or major water

consumers regarding the variance request. The testimony, comments and

evidence shall become part of the record of proceedings.

E) Board of Adjustment Action. The Board of Adjustment shall make a

decision on the application no later than thirty (30) days from the close of the

public hearing. Said decision shall be in one of the following forms:

1) Approve the variance if the findings of fact in Section 13-38.1(F) are

found in the affirmative; or

2) Approve the variance with fair and reasonable conditions attached if

the findings of fact in Section 13-38.1(F) are found in the

affirmative; or

3) Deny the variance, if at least one (1) finding of fact in Section 13-

38.1(F) is found in the negative.

The concurrent vote of four-fifths (4/5) of the voting members of the Board

of Adjustment shall be necessary to approve a minor variance application

involving property located in a Water Supply Watershed Overlay District.

F) Findings of Fact. The Board of Adjustment may approve a minor variance

only after each of the following findings are found in the affirmative:

1) There are practical difficulties or unnecessary hardships in the way of

carrying out the strict letter of the Ordinance.

Such a finding may be made if it is determined that:

a) If the property owner complies with the provisions of this

Ordinance, he can secure no reasonable return from, nor

make reasonable use of, his property; and

b) The hardship results from the application of the Ordinance;

and

c) The hardship is suffered by the applicant's property; and

d) The hardship is not the result of the applicant's own actions;

and

e) The hardship is peculiar to the applicant's property.

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2) That the variance is in harmony with the general purpose and intent

of the Ordinance and preserves its spirit.

3) That in the granting of the variance, the public safety and welfare

have been assured and substantial justice has been done.

4) That the reasons set forth in the application justify the granting of a

variance, and that the variance is a minimum one that will make

possible the reasonable use of land or structures.

Section 13-38.2 Major Variances

Applications for major variances (see definition) shall be handled in the following

manner:

A) Application Form and Fee. An application for a major variance shall be on a

form prescribed by the Town and shall be accompanied by a fee, the amount

of which is in accordance with a fee schedule established by the Town. An

application will not be considered complete unless it contains all information

required and is accompanied by said fee. The application shall be

accompanied by a map clearly identifying the subject property, all

contiguous pieces of properties (including all properties traversed and/or

separated by a road, stream, right-of-way, or any similar natural or man-

made configuration). In addition, a list of names and addresses of the

owners of said properties, from the most recent official tax records, shall be

provided by the applicant.

All applications shall be submitted to the Subdivision Administrator. Once

having received an application, the Subdivision Administrator shall have

fifteen (15) working days to determine its completeness. If he determines

that the application is not complete, he shall serve a written notice on the

petitioner specifying the application's deficiencies. The Subdivision

Administrator shall take no further action on the application until the

deficiencies are remedied. If the Subdivision Administrator fails to so notify

the petitioner, the application shall be deemed complete.

B) Scheduling Town Board Meeting. The Subdivision Administrator, having

determined that an application is complete, shall place the application on the

agenda of the next regularly scheduled meeting of the Town Board,

occurring at least fifteen (15) days thereafter.

C) Public Hearing Notification. The Town Board shall hold a public hearing on

the application at said meeting. Notification of said public hearing shall be

as follows:

Notices shall be sent by the Town by first class mail to the applicant, and to

owners of all contiguous properties at least five (5) days prior to the public

42

hearing. Said mail notice plus a description of the major variance being

requested shall also be sent by first class mail to the Clerk of all municipal

and county governments having jurisdiction within the same watershed and

to any major consumer of water whose point of intake lies within the same

watershed at least five (5) days prior to the public hearing. The notice shall

indicate the nature of the public hearing and the date, time and place at

which it is to occur.

D) Public Hearing. The Town Board shall conduct the public hearing in a

quasi-judicial manner; with all persons giving testimony having first been

sworn. In all matters coming before the Town Board, the applicant shall

have the burden of providing clear, competent and material evidence in

support of the application. The Town Board shall base their

recommendation on the testimony given at the public hearing, and on any

comments received from notified local governments regarding the variance

request. The testimony, comments and evidence shall become part of the

record of proceedings.

E) Town Board Recommendation. The Town Board shall make a

recommendation on the major variance application no later than sixty (60)

days from the close of the public hearing. The Town Board may recommend

a variance only after each of the findings found in Section 13-38.2(F)(1) are

found in the affirmative. Recommendations shall be in one of the following

forms:

1) Recommend approval of the variance if the findings of fact in

Section 13-38.2(F)(1) are found in the affirmative; or

2) Recommend approval of the variance with fair and reasonable

conditions attached if the findings of fact in Section 13-38.2(F)(1)

are found in the affirmative; or

3) Recommend a denial of the variance, if at least one (1) finding of fact

in Section 13-38.2(F)(1) is found in the negative.

The concurrent vote of three-fourths (3/4) of the voting members of the

Town Board shall be necessary to make a recommendation on a major

variance application involving property located in a Water Supply

Watershed Overlay District.

F) Findings of Fact. The Town Board may make recommend approval of a

major variance only after each of the following findings are found in the

affirmative:

1) There are practical difficulties or unnecessary hardships in the way of

carrying out the strict letter of the Ordinance.

43

Such a finding may be made if it is determined that:

a) If the property owner complies with the provisions of this

Ordinance, he can secure no reasonable return from, nor

make reasonable use of, his property; and

b) The hardship results from the application of the Ordinance;

and

c) The hardship is suffered by the applicant's property; and

d) The hardship is not the result of the applicant's own actions;

and

e) The hardship is peculiar to the applicant's property.

2) That the variance is in harmony with the general purpose and intent

of the Ordinance and preserves its spirit.

3) That in the granting of the variance, the public safety and welfare

have been assured and substantial justice has been done.

4) That the reasons set forth in the application justify the granting of a

variance, and that the variance is a minimum one that will make

possible the reasonable use of land or structures.

G) Preliminary Record. If the Town Board makes a favorable recommendation

on a major variance application (with or without additional conditions or

safeguards) or fails to make any recommendation on the major variance

application within the allotted time period, the Subdivision Administrator

shall prepare a preliminary record of the public hearing which shall include:

1) The variance application;

2) Evidence that proper notification of the Town Board public hearing

has been made;

3) A summary of evidence presented including comments submitted

from other local governments or major consumers within the same

watershed jurisdiction;

4) Proposed findings and exceptions;

5) The Town Board's recommendation, if one is submitted within the

required sixty (60) day time period, including all conditions proposed

to be added to the permit.

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The preliminary record shall be sent to the Environmental Management

Commission for its review. If the Environmental Management Commission

concludes from the preliminary record that the variance qualifies as a major

variance, the Commission shall make a final decision on the request and mail

it to the Subdivision Administrator. Upon receipt of the final decision, the

Subdivision Administrator shall forward the Environmental Management

Commission's decision to the applicant by first class mail within ten (10)

working days of receipt of the decision from the Environmental

Management Commission.

If the Town Board recommends that an application for a major variance

involving property located within a Water Supply Watershed Overlay

District should be denied, then the application shall not be forwarded to the

Environmental Management Commission, and shall be considered denied by

the Planning Board. The Subdivision Administrator shall send a written

notice of the denial by first class mail to the applicant within ten (10)

working days of the Board's decision.

H) Environmental Management Commission Action. If, after having received

and reviewed the major variance application, the Environmental

Management Commission approves the major variance application, the

Subdivision Administrator shall send the decision by first class mail to the

applicant within ten (10) working days of receipt of the decision from the

Environmental Management Commission stating that the major variance was

approved. Any conditions, stipulations or modifications the Environmental

Management Commission requires shall become part of any subdivision plat

subsequently approved by the Town of Landis pertinent to that development.

Following the approval of a variance application by the Environmental

Management Commission, the Subdivision Administrator shall approve the

subdivision plat so long as it otherwise is in conformance with all other

applicable regulations of this Ordinance.

If the Environmental Management Commission overturns the Town Board's

recommendation for approval of a major variance application, the

Subdivision Administrator shall send the Commission's decision by first

class mail to the applicant within ten (10) working days of receipt of the

Environmental Management Commission's decision, stating that the major

variance request was denied, and the reasons for such denial.

Section 13-38.3 Re-submittal of Minor or Major Variance

If the Environmental Management Commission disapproves a major variance request, or the

Town Board disapproves a major or minor variance request, the Town of Landis shall not

accept an application for a similar major variance request affecting the same property(ies)

for a period of one (1) year following the date of denial.

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Section 13-38.4 Records

The Subdivision Administrator shall maintain a file on all applications for minor and major

variances. A copy of all information pertaining to such application requests (including

minutes of the public hearing, findings made by the Board of Adjustment and/or Town

Board, actions taken by the Board of Adjustment and/or Town Board on minor variance

applications and names and addresses of all persons giving evidence at the public hearing)

shall be submitted annually during the last week of December to the Division of

Environmental Management, Supervisor of the Classification and Standards Group.

Section 13-38.5 Appeals From the Planning Board and Town Board

Every decision or recommendation of the Board of Adjustment or the Town Board shall be

subject to review by the Superior Court Division of the General Courts of Justice of the

State of North Carolina by proceedings in the nature of certiorari. Any petition for review

by the Superior Court shall be duly verified and filed with the Clerk of Superior Court

within thirty (30) days after the decision or recommendation(s) of these Boards are filed in

the Office of the Subdivision Administrator, or after a written copy thereof is delivered to

every aggrieved party who has filed a written request for such copy with the Subdivision

Administrator at the time of the Board's hearing of the case, whichever is later.

Section 13-39 Amendments to Regulations Pertaining to a WS District

Under no circumstances shall the Town Board adopt any amendment, addition, or deletion

that would cause these regulations to violate the watershed protection rules as adopted by

the N.C. Environmental Management Commission. Amendments to the regulations

contained in Article IX, Section 13 of this Ordinance shall follow the procedures described

in Section 13-9 of this Ordinance.

Amended to October 2006.