Part III. UNIFIED DEVELOPMENT ORDINANCE

Article 8. ADMINISTRATION AND PROCEDURAL REQUIREMENTS

§ 8.4. Procedures and Approval Requirements Specific to Subdivisions

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8.4.1

General Requirements and Procedures for Approval of Subdivisions

Regulation of Subdivisions. All subdivision of land, whether major or minor, is subject to approval under this Ordinance. Major Subdivisions are subject to approval by the Mint Hill Planning Board. Minor Subdivisions are subject to approval by the Administrator. Sale of lots is permitted after Final Plat approval. Sale of lots after Site Plan (Preliminary Plat) approval but before Final Plat approval must be conducted in accordance with G.S. 160A-375(b) and (c).

Activities that Constitute a Subdivision. For purposes of this Ordinance, "subdivision" means all division of a tract or parcel of land into two (2) or more lots, building sites, or the divisions when created for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following activities do not constitute a subdivision and are expressly exempt from the design and improvement standards of this Section:.

The combination or recombination of portions of previously subdivided and recorded 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 shown in this Ordinance;

The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved;

The public acquisition by purchase of strips of land for the express purpose of widening or opening of streets;

The division of a tract in single ownership whose entire area is no 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.

Approval of Plats Required.

As provided in G.S. 160A-375(a), no person may subdivide his land except in accordance with all of the provisions of this Ordinance. In particular, no plat of a subdivision of land within the territorial jurisdiction of this Ordinance shall be filed or recorded by the Mecklenburg County or Union County Register of Deeds until the Final Plat has been submitted to and approved by the Administrator. Anyone who subdivides land in violation of this Ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved is subject to criminal penalty as detailed in G.S. 160A-375(a), and the Town shall be entitled to pursue all enforcement remedies as detailed in Article 10 and G.S. 160A-375(a). The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this Ordinance or possible penalty.

As provided in G.S. 160A-373, neither the Mecklenburg County Register of Deeds nor the Union County Register of Deeds shall record a plat of any subdivision within the Town's planning jurisdiction unless the plat has been approved by the Administrator in accordance with the provisions of this Ordinance.

Approval Process for Major Subdivisions. The approval process for Major Subdivisions is as follows:

Pre-Sketch Drawing (Mandatory). An Applicant shall prepare a Pre-Sketch Drawing in compliance with Subsection 8.2(B)(1) to facilitate review and comment at an Initial Information Meeting with staff and/or a Public Information Meeting.

Initial Information Meeting with Staff (Mandatory). All applicants for a Major Subdivision approval shall have an initial information meeting with the Administrator in accordance with Subsection 8.3(A)(2).

Public Information Meeting (Mandatory for any Conditional District rezoning application for a nonresidential proposed use abutting a residentially zoned district and any proposed development project which meets the traffic thresholds requiring a Traffic Impact Analysis). Where either of the applicable thresholds are met, the Applicant for a Major Subdivision approval shall conduct a PIM in accordance with Subsection 8.3(A)(3) and submit and utilize the information gathered at the PIM when and as required in this Article 8.

Traffic Impact Analysis (Mandatory if thresholds for traffic are met for Major Subdivisions). All Applicants for Major Subdivision approvals shall prepare and submit a TIA to the Administrator if the applicable daily or peak hour trips threshold requirements are satisfied in accordance with Subsection 8.3(A)(4).

Sketch Plan (Mandatory). All Applicants for Major Subdivision approvals shall prepare and submit a Sketch Plan to the Administrator in accordance with Subsection 8.3(A)(5) and the requirements of Section 8.2(B)(2). Note: A PCO Concept Plan is typically required for submission to the Stormwater Administrator at this time (see Article 6, Section 6.8).

Initial Staff and TRC Review (Mandatory). In connection with all applications for Major Subdivision approval, the Town staff and TRC shall review the Sketch Plan and TIA (if applicable) in accordance with Section 8.3(A)(6). Note: The Stormwater Administrator usually reviews the PCO Concept Plan at this time (see Subsection 8.3(A)(6) and Article 6, Section 6.8).

Informal Advisory Review by Planning Board (Optional). In connection with all applications for Major Subdivision approvals, an Applicant may request an informal advisory review and initial comments from the Planning Board in accordance with Subsection 8.3(A)(7).

Formal Application and Site Plan (Preliminary Plat) Submittal (Mandatory). After the Applicant has completed each of the applicable mandatory preapplication steps above, the Applicant shall then submit to the Planning Board one electronic copy (in a form acceptable to the Administrator) and the requisite number of hard copies of the completed application form and Site Plan (Preliminary Plat) of the proposed subdivision prepared in accordance with the requirements set forth in Subsections 8.2(B)(3), 8.3(B)(1) and the UDO Admin Manual. At the same time, the Applicant for a Major Subdivision approval shall submit an application for the required Land Development Permits.

Formal Staff and TRC Review (Mandatory). The Administrator and the TRC shall review the Site Plan (Preliminary Plat) in accordance with Subsection 8.3(B)(3) to determine compliance with the requirements of this Ordinance. The Administrator shall make a written recommendation to the Planning Board for Major Subdivision applications.

10.

Planning Board Review and Decision (Mandatory). The Planning Board shall hold a hearing to review the Site Plan (Preliminary Plat) and determine whether the Site Plan (Preliminary Plat) complies with the requirements of this Ordinance, specifically including without limitation all substantive requirements and conditions set forth in Article 7, Section 7.3 (Conditions for Subdivisions). This hearing shall be held in an administrative proceeding and may be conducted in accordance with rules of procedure adopted by the Planning Board as the same may be changed from time to time.

The Planning Board action may be approval (if the Site Plan (Preliminary Plat) complies with all Ordinance requirements), tentative approval with conditions (if the Ordinance requires such), or denial of the Site Plan (Preliminary Plat) (if the Site Plan (Preliminary Plat) does not comply with all Ordinance requirements).

Upon approval of the Site Plan (Preliminary Plat) by the Planning Board, the Applicant may proceed to comply with the other requirements of this Ordinance and the preparation of the subdivision Final Plat for final approval by the Administrator. An additional planning staff consultation is available should the Applicant so request.

Upon tentative approval of the Site Plan (Preliminary Plat) by the Planning Board subject to certain conditions, the Applicant shall submit a Final Plat for approval to the Administrator which includes or is otherwise in conformance with conditions set by the Planning Board.

If the Planning Board disapproves a Site Plan (Preliminary Plat), the grounds for such disapproval shall be stated upon the records of the Planning Board. After such disapproval, an appeal from the decision of the Planning Board may be taken to the Mint Hill Board of Commissioners pursuant to Section 9.2(B).

11.

Issuance of Applicable Land Development Permits (and other permits) (Mandatory). Subject to Subsection 8.3(B)(7), after Planning Board approval, the Town will release the administrative hold on all Land Development Permits in the LUESA system and the Administrator (currently through Mecklenburg County LUESA) shall issue appropriate Land Development Permits based on the Site Plan (Preliminary Plat) and compliance with applicable Ordinance provisions and other applicable legal requirements.

12.

Final Plat Approval (By Administrator) and Recording (By Applicant) and Performance Bonds for Future Improvements (Mandatory).

Final Plats, in accordance with the specifications set forth herein, shall be submitted to the Administrator with a completed application form, accompanied by the applicable filing fee. The Final Plat shall be prepared by a registered surveyor or engineer and shall be drawn to scale not smaller than one hundred (100) feet equal one inch, and shall contain the following information:

(i)

The exact boundary of the tract of land being subdivided, showing clearly the disposition of all portions of the tract.

(ii)

The lines and names of all streets, alley lines, lot lines, lot and block numbers, building lines, easements, reservations and areas dedicated to public use, with notes stating their purposes, building restriction flood lines as required by Subsection 7.3.2(O) (Restrictions on the subdivision for residential purposes of land subject to flooding) of this Ordinance.

(iii)

Sufficient data to determine readily and reproduce accurately on the ground the location, bearing, and length of every street and alley line, lot line, building line, easements required hereunder or of record in Mecklenburg County (or Union County) or ascertainable by physical inspection of the property, and boundary lines of reserved or dedicated areas. All linear dimensions shall be in feet and hundredths thereof. The maximum allowable error of linear closure shall not be in excess of 1/10,000. In closed traverses the sum of the measured angles shall vary with the theoretical sum by a difference not greater than an average of seven and one-half (7.5) seconds per angle, or the sum of the total shall not differ from the theoretical sum by more than ninety (90) seconds, whichever is smaller.

(iv)

The name of the subdivision, the name of the owner, the name, registration number and seal of the registered engineer or surveyor under whose supervision the plat was prepared, the date of the plat and north point, with indication of whether the north point is true, magnetic, or grid.

(v)

The accurate location of monuments which shall be established at or near the corners of all blocks, including coordinates computed from the North Carolina Plane Rectangular Coordinate System and the City of Charlotte Primary Control System as extended therefrom, provided a control monument is within two thousand (2,000) feet of the subdivision. Such monuments shall be concrete posts not less than thirty (30) inches long, four (4) inches at the top and six (6) inches at the bottom with a copper pin in the top to mark the location of the designated point. The monuments shall be placed flush with the level of the ground. The corners of all lots and parcels shall be marked with iron posts driven flush with the ground. Iron posts shall be placed where lot boundaries intersect railroad and North Carolina Department of Transportation rights-of-way.

(vi)

If the Final Plat is for a subdivision involving conservation developments, or subdivisions involving one-family attached dwellings, then it shall be prepared in accordance with this Section and shall contain the following additional information:

(1)

The use, approximate height, bulk and location of all buildings and structures other than one-family detached and semi-detached dwellings;

(2)

All land uses; and

(3)

The location, use, improvements, ownership and manner of maintenance of all common areas.

Endorsements. All Final Plats for Major Subdivisions shall contain the endorsements listed below unless the particular endorsement is inapplicable to a Minor Subdivision as noted:

(i)

Certificate of Approval.

I hereby certify that all streets shown on this plat are within the Town of Mint Hill's planning jurisdiction, all streets and other improvements shown on this plat have been installed or completed or that their installation or completion has been ensured by the posting of a performance bond or other sufficient surety and the subdivision shown on this plat is in all respects in compliance with Mint Hill's Unified Development Ordinance, and therefore this plat has been approved by the Town of Mint Hill, subject to being recorded.

_____	_____
Date	Mint Hill Planning Director or Designee

(ii)

Certificate of Ownership and Dedication. (This endorsement may not be applicable for Minor Subdivisions.)

I hereby certify that I am the owner of the property described hereon, which property is located within the planning jurisdiction of the Town of Mint Hill, that I hereby freely adopt this plan of subdivision and dedicate to public use all areas shown on this plat as streets, alleys, walks, parks, open space and easements, except those specifically indicated as private, and that I will maintain all such areas until the offer of dedication is accepted by the appropriate public authority. All property shown on this plat as dedicated for a public use shall be deemed to be dedicated for any other public use authorized by law when such other use is approved by the Board of Commissioners in the public interest.

_____	_____
Date	Owner
_____
Notarized

(iii)

Certificate of Survey and 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 this plat was prepared in accordance with G.S. § 47-30 as amended. Witness my original signature, registration number and seal this ___ day of ________, 20___.

___________
Surveyor

Seal or Stamp

___________
Registration Number

(iv)

Review Officer Certificate.

State of North Carolina

Mecklenburg County

I, ___________, Review Officer of Mecklenburg County, N.C. certify that the map or plat to which this certification is affixed meets all statutory requirements for recording.

_____	_____
Review Officer	Date

(v)

Mecklenburg County Certificate.

Approved in accordance with the engineering requirements of the Subdivision Ordinance of Mecklenburg County, North Carolina.

_____	_____
Engineering Staff	Date

(vi)

NCDOT Certificate. (This endorsement may not be applicable for Minor Subdivisions.)

DEPARTMENT OF TRANSPORTATION

DIVISION OF HIGHWAYS

Approved: ___________
District Engineer

Date: ________

(vii)

Mint Hill Planning Board Certificate.

Approved in accordance with the provisions of the Subdivision Ordinance of the Town of Mint Hill, North Carolina

_____	_____
Planning Board Chairman	Date

The Final Plat may include all or only a portion of the subdivision as proposed and approved on the Site Plan (Preliminary Plat), provided all required improvements to any existing street shown on the Site Plan (Preliminary Plat) have been provided for prior to any Final Plat approval.

All surveys and maps shall conform to all standards of accuracy as prescribed in G.S. 47-30, Mapping Requirements, as amended; Standards of Practice for Land Surveying in North Carolina, amended effective February 1, 1996, or latest amendment, published by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, General Statutes of North Carolina Chapter 89C, as amended; and the requirements of the Mecklenburg County Register of Deeds.

The Administrator, in conjunction with the TRC, shall have the authority to approve, or disapprove as necessary, Final Plats for both Major and Minor subdivisions which comply with the requirements of this Ordinance. Said decision shall be made not later than thirty (30) days after the submission of a complete Final Plat application. Once approved by the Administrator, the Administrator shall inform the Planning Board Chairman, who shall sign off on all Final Plats. Staff shall provide a follow-up report to the Planning Board at the next regularly scheduled meeting of all approved Final Plats.

During the approval of the Final Plat and before issuance of any Building Permits, the Applicant shall be required to submit a bond or other approved form of security in compliance with the amounts and requirements as set forth in Article 6, Section 6.10 (Guarantees and Performance Bonds) for required improvements. For example, an Applicant may be required to submit a bond to ensure road improvements are completed to conform to an approved Site Plan. (Note: See the Mecklenburg County Land Development Standards Manual for general policies and procedures).

13.

Building Permit (Mandatory). The Administrator shall issue a Building Permit upon compliance with applicable Ordinance provisions and other applicable legal requirements in accordance with Subsection 8.3(B)(8).

14.

Certificate of Occupancy (Mandatory). Upon completion of construction and compliance with all applicable laws, ordinances and regulations, a Certificate of Occupancy shall be issued in accordance with Subsection 8.3(B)(9).

Approval Process for Minor Subdivisions. Minor Subdivisions follow an abbreviated review and approval process by the Administrator; provided however, the following conditions and restrictions apply to any application for a Minor Subdivision. If an Applicant owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or located directly across a street, easement, road or right-of-way, from the property sought to be subdivided, the subdivision shall not qualify under this abbreviated procedure for review and approval of Minor Subdivisions. The same shall be true if the applicant is a corporate entity applicant (such as an LLC, Inc. or Corp.) whereby an owner, member or partner holding a direct or indirect interest of the corporate entity applicant (or any of its parents or subsidiaries) owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or located directly across a street, easement, road or right-of-way, from the property sought to be subdivided by the corporate applicant. Furthermore, the procedure for review of Minor Subdivisions shall not be used for a second time within three (3) years, on any property which was part of the original property boundaries. Any further subdivision of said property within three (3) years shall be subject to the Major Subdivision application and review procedures, including, but not limited to, Major Subdivision fees, Site Plan (Preliminary Plat) submission, Planning Board review and approval and curb/gutter and sidewalk installation along public road frontage. The approval process for Minor Subdivisions is as follows:

Electronic Submission of Proposed Final Plat (Mandatory). All Applicants for Minor Subdivision approvals shall prepare and submit an electronic copy of the proposed Final Plat to the Administrator. Note: A PCO Concept Plan may be required for submission to the Stormwater Administrator at this time (see Article 6, Section 6.8).

Formal Staff and TRC Review (Mandatory). The Administrator and the TRC shall review the electronic submission in accordance with Subsection 8.3(B)(3) to determine compliance with the requirements of this Ordinance. The Administrator shall provide detailed comments to the Applicant for revision upon submission of the Final Plat. Note: The Stormwater Administrator usually reviews the PCO Concept Plan at this time (see Subsection 8.3(A)(6) and Article 6, Section 6.8).

Final Plat Approval and Recording (By Administrator and Mandatory). The Applicant shall prepare a Final Plat in accordance with the TRC recommendations and the requirements of Subsection 8.4.1(D)(12). If applicable, the Applicant for a Minor Subdivision approval shall submit an application for any required Land Development Permits.

Issuance of Applicable Land Development Permits (and other permits) (Mandatory). Subject to Subsection 8.3(B)(7), after Administrator approval, the Town will release the administrative hold on any applicable Land Development Permits in the LUESA system and the Administrator (currently through Mecklenburg County LUESA) shall issue appropriate Land Development Permits based on the Final Plat and compliance with applicable Ordinance provisions and other applicable legal requirements.

Plat Approval Not Acceptance of Dedication Offers.

The approval of a Site Plan (Preliminary Plat) or Final Plat by the Town of Mint Hill shall not constitute the acceptance by the Town of Mint Hill of any street, public utility line or other public facility or ground shown upon such plat.

The Town of Mint Hill shall not maintain any street unless such street has been accepted as a public street by a resolution adopted by the Board of Commissioners.

The Board of Commissioners of the Town of Mint Hill shall not adopt any resolution accepting a street for public maintenance unless the improvements have been inspected by the Town of Mint Hill, and;

The Board of Commissioners has received a written request from the subdivider or from a majority of the property owners along a street that such street be accepted as a public street for maintenance by the Town of Mint Hill

The Board of Commissioners has received a recommendation from the Public Works Director. (Note: See the Mint Hill Land Development Standards Manual for additional information and guidance related to the dedication and road acceptance process.)

An engineer retained by the Applicant has certified to the Town that all facilities and improvements to be dedicated to the Town have been constructed in accordance with the requirements of this Ordinance and the Land Development Standards Manual as applicable. This certification shall be a condition precedent to acceptance by the Town of the offer of dedication of such facilities or improvements.

8.4.2

Approval Requirements. All applications for approval for Site Plans (Preliminary Plats) and Final Plats shall conform to and with all substantive requirements and conditions set forth in Article 7, Section 7.3 (Conditions for Subdivisions) and any other applicable requirements of this Ordinance.

8.4.3

Expiration of Approval of Site Plan (Preliminary Plat). An approval of a Site Plan (Preliminary Plat) shall remain in effect for two (2) years (unless a different time period is otherwise mandated by state law), after which time it shall automatically expire and be of no further force and effect where an Applicant has not submitted a Final Plat for approval by the Administrator. In the event an Applicant wishes to resurrect an application for a subdivision approval where the Preliminary Site Plan approval has expired, he/she shall reinitiate the process from the beginning and resubmit all required documentation and fees required by this Ordinance.

8.4.4

Amendment Procedures for Subdivisions.

Procedures and Standard for Implementing Amended Standards After Preliminary Approval Granted. In cases where the Planning Board of the Town of Mint Hill has granted preliminary approval of a subdivision and where the standards for development of the subdivision as contained in this Ordinance have been amended, the subdivision shall be developed in accordance with the amended standards except where an Applicant has established a vested right. The Administrator shall make the determination as to whether an Applicant can establish a vested right. The Administrator's determination as to any vested right established may be appealed to the Board of Adjustment in accordance with the procedures stated in Article 9.

Minor Plat Amendments After Final Plat Approval.

Purpose. The Administrator is hereby authorized to approve minor modifications to approved and recorded Final Plats where such modifications are incidental and do not have significant impact on affected and adjacent properties. Such modifications shall not result in any lessening of any requirements that are otherwise called for in this Ordinance. The minor modification process is designed to address minor infrastructural changes that may not have been anticipated at the time of Final Plat approval. NOTE: Changes to a subdivision plat which involve the combination or recombination of lots, where the total number of resultant lots are not increased and meet all of the Ordinance requirements, shall not be considered a "subdivision" per G.S. 160A-376.

Types of Subdivision Plat Modifications Allowed. Changes to a recorded subdivision plat which may be authorized by the Administrator include only those that are a result of minor field alterations to accommodate physical site conditions involving interior features of the site design that involve the relocation of streets, easements, utilities and other infrastructural improvements.

Process.

The Applicant shall present the application form signed by the Owner(s) (including signatures of all lot owners within a subdivision who are affected by the plat modification), accompanied by the applicable fee as well as a copy of the recorded subdivision plat along with an electronic copy of the modified plat prepared by a professional land surveyor with, in addition to all the required information on a Final Plat: (i) the modifications clearly identified and labeled; and (ii) the lots that are affected by such modifications. The electronic submission shall also include a written statement that gives reason as to why such modifications are needed.

Once this information has been received, the Administrator shall have the ability to administratively approve the subdivision plat, send the plat to the TRC for their review and recommendation or reject the plat amendment. The plat amendment may be approved by the Administrator if it is determined that the proposed amendment(s): (i) does not violate any of the standards contained in this Ordinance; (ii) will be beneficial to the residents of the subdivision and/or the community as a whole; and, (iii) will create conditions essential to the public health, welfare or safety.

Once the Administrator has approved a plat amendment, the Applicant shall submit a revised Final Plat signed by the affected Owner(s).

(Ord. No. 598, 4-14-2011; Ord. No. 678, 8-18-2016)

State law reference

Subdivision regulations, G.S. 160A-371 et seq.

                    
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