WSMU_LAND_WSWP Ordinance_20200825

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

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
2

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.
.19

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.
5

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.

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
9

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.
10

(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.
11

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.
13

ARTICLE IV
PLAT REQUIREMENTS
Section 13-21 Preliminary Plan
The preliminary plan shall be at an appropriate engineering scale but not less than
F 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:
14

(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
15

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
IL 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

Seal or Stamp
Surveyor
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
Seal or Stamp
Notary Public
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.
Date
Date
(1)
Subdivision Administrator
(2)
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
19

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).
20

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
21

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
22

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.
23

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.
24

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.
25

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
'/2) 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 '/2) 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
26

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 Sims. 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.
L 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.
27

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.
9.9

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.
29

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
30

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
31

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.)
Familv 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 Qption. 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
32

prescribed by the Environmental Management Commission's adopted Water Supply
Watershed Protection Rules.
Low DensityOption. 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.
33

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.
9m,

2) State Sediment & Erosion law covers all land distributed (total development
area) — I acre or more requires a plan; under I -acre not mandatory unless
problematic, still can not have erosion or sediment run-off, must use fencing,
rock dams, ponds.
3) Should area be I 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-FANHLY RESIDENTIAL PURPOSES".
WATER SUPPLY WATERSHED
DISTRICT IN WHICH THE LOT IS
LOCATED
WS-II Critical Area (Lake Wright)
WS-III Critical Area (Kannapolis Lake)
WS-III Balance of Watershed Area
(Kannapolis Lake)
35
MAXIUM DENSITY
Low Density: One dwelling unit
per each 2 Acres or 6% built upon.
High Density: 6-24%
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%
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%

WS-IV Critical Area (Lake Fisher)
WS-IV Protected Area (Lake Fisher)
(Amended and Adopted January 8, 1996)
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%
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%
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).

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.
37

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.
Information
Preliminary Final
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:
c:

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 Maior 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.
Q 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
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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.
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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.
Section 13-38.3
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.
Re -submittal of Minor or Maior 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.

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.
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