Unified Development Ordinance, 6th supplement, September, 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 25 Effective Date: September 01, 2013 Supp. No. 4 Article 10.2. Review Procedures | CHAPTER 10. ADMINISTRATION Sec. 10.2.5. ​​Subdivision Review Sec. 10.2.5. Subdivision Review A. Applicability Except as expressly exempted below, no land shall be subdivided within the City or within the City's extraterritorial jurisdiction until: 1. A preliminary subdivision plan has been submitted and approved as provided in Sec. 10.2.5.E. ; and 2. Infrastructure Construction Plans have been submitted and approved; and 3. A final plat has been submitted and approved as provided in Sec. 10.2.5.F. ; and 4. The approved final plat has been filed and recorded with the local register of deeds office where the property is located. B. Exemptions The following are exempt and are not subject to subdivision review under this section and the requirements of Chapter 8. Subdivision & Site Plan Standards , unless otherwise provided. 1. 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 applicable zoning district. 2. The division of land into parcels greater than 10 acres where no right-of-way dedication is involved. 3. The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors. 4. City of Raleigh right-of-way easement acquisition plats. C. Limitations on Subdivision Approval 1. No subdivision shall be approved on any parcel of a parent tract when general forestry has occurred on the parent tract and the perimeter buffers under Sec. 9.1.10.C. were removed or substantially removed within the last 5 years. D. Pre-Application Conference Before submitting an application for subdivision approval, an applicant shall schedule a pre-application conference with the Planning and Development Officer to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the Planning and Development Officer. E. Preliminary Subdivision Plan Approval Process 1. Application Requirements a. An application for preliminary subdivision plan approval shall be submitted in accordance with Sec. 10.2.1.B. b. The following forms must be filled out completely in order to process an application for preliminary subdivision plan approval: i. Preliminary Subdivision Plan Application; ii. Design Adjustment Request, if applicable (see Sec. 10.2.18. ) ; and iii. AnyWaiver Request. 2. Waivers a. In order to waive or modify any of the regulations or provisions of Chapter 8. Subdivision & Site Plan Standards not otherwise permitted, the Board of Adjustment must hold a quasi-judicial public hearing as set forth in Sec. 10.2.1.D.1. and give notice as required in Sec. 10.1.8. b. Before a waiver or modification request is granted, the Board of Adjustment must find all of the following: i. That topography or other existing physical conditions of the property are such that compliance with the requirements under this section or Chapter 8. Subdivision & Site Plan Standards would cause an unusual and unnecessary hardship or practical difficulties on the developer above and beyond what Review & Decide Planning and Development Officer Submit Preliminary Plan Application Pre-Application Conference Submit Final Plat Application Review & Decide Planning and Development Officer Approve Disapprove Approve Disapprove