WSMU_CLAY_WSWP Other Info_20220322

ARTICLE 7: ADMINISTRATION
§ 155.700 REVIEW BODIES.
(A) Town Council.
(1) Establishment and composition. The Town Council is established and composed pursuant to the Town Charter and
Chapter 30 of the town's Code of Ordinances.
(2) Powers and duties. In execution of the provisions of this chapter, the Town Council shall be responsible for final
action per Table 7-1, Review and Approval Authority.
(B) Planning Board.
(1) Establishment and composition. The Planning Board is established and composed pursuant to G.S. § 160D-301 and
Chapter 32 of the town's Code of Ordinances. Per G.S. § 160D-307, residents of both the corporate limits and the ETJ shall
serve on the Planning Board. The ratio of residents of the corporate limits and residents of the ETJ shall be proportional to
the number of residents of the corporate limits to the number of residents of the ETJ. At least one resident of the ETJ shall
serve on the Planning Board. The populations shall be taken from the most recent decennial census
(2) Powers and duties. In execution of the provisions of this chapter, the Planning Board shall have the following power
and duties:
(a) General authority.
1. The Planning Board may exercise additional powers as may be described elsewhere in this chapter and as
permitted by North Carolina General Statutes.
2. The Planning Board shall perform related duties as directed by the Town Council.
(b) Review authority. The Planning Board shall make recommendations per Table 7-1, Review and Approval
Authority.
(c) Final authority. The Planning Board shall be responsible for final action per Table 7-1, Review and Approval
Authority.
(C) Board of Adjustment.
(1) Establishment and composition. Pursuant to G.S. § 160D-302, the town has established a Board of Adjustment as
described in §§ 32.075 to 32.078.
(D) Planning Director.
(1) Designation. The Planning Director shall administer certain provisions of this chapter as may be required below.
(2) Powers and duties. In execution of the provisions of this chapter, the Planning Director shall have the following
powers and duties:
(a) General authority.
1. The Planning Director may exercise additional powers as maybe described elsewhere in this chapter and as
permitted by North Carolina General Statutes.
2. The Planning Director shall perform related duties as directed by the Town Council.
(b) Review authority. The Planning Director shall make recommendations per Table 7-1, Review and Approval
Authority.
(c) Final authority. The Planning Director shall be responsible for final action per Table 7-1. Review and Approval
Authority.
(E) Technical Review Committee.
(1) Establishment and composition.
(a) Pursuant to G.S. § 160D-306, the Technical Review Committee (TRC) is established for the purpose of
performing technical evaluations of land development activities, including but not limited to subdivisions, conditional
rezonings, and site plan applications, per Table 7-1, Review and Approval Authority. The TRC is further authorized to
complete appropriate analyses of land development activities pursuant to the town's Code of Ordinances. The Technical
Review Committee shall be composed of the persons below, or their designee:
1. The Planning Director, chairman;
2. Planning department staff, designated with primary review responsibility for each application;
3. The Public Works Director and or state designated Officer in Responsible Charge of Utility Systems;
4. The Electric System Director;

5. The Town Engineer;
6. The Fire Chief;
7. The Parks and Recreation Director; and
8. The North Carolina Department of Transportation.
(b) The TRC may request input from other governmental agencies including, but not limited to, the School Board, the
USPS Clayton Postmaster, Johnston County Department of Public Utilities, North Carolina Railroad and adjacent
municipalities as needed.
(2) Powers and duties. The Technical Review Committee has the following duties and responsibilities regarding the
review and consideration of applications that come before them:
(a) The TRC shall undertake technical evaluations of land development applications and activities to identify
deficiencies and/or discrepancies from the provisions of the town's Unified Development Code and the town's Code of
Ordinances. These review duties are outlined in Table 7-1, Review and Approval Authority.
(b) The TRC may approve, disapprove or postpone consideration of applications that require staff -level approval only.
Actions by the TRC regarding
staff -level approvals shall be final unless appealed in accordance with §155.717 of the UDC. Applications which proceed to
the Board of Adjustment, Planning Board, or Town Council will be scheduled for the next available agenda, once receiving
certification to proceed.
(F) Maintenance of the public trust.
(1) Oath of office. Pursuant to G.S. § 160D-309, all members appointed to boards shall take the oath of office as
required.
(2) Conflict of interest. Pursuant to G.S. § 160D-109, no elected or appointed board member or administrative staff shall
make a final decision as required by this chapter if the outcome of that decision would have a direct, substantial, and readily
identifiable financial impact on themselves or if the applicant or other person subject to that decision is a person with whom
the staff member has a close familial, business, or other associated relationship.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2008-09-01, passed 9-2-08; Am. Ord. 2011-12-02, passed 12-5-11; Am. Ord.
2013-02-02, passed 2-4-13; Am. Ord. 2013-12-03, passed 12-2-13; Am. Ord. 2014-06-10, passed 6-16-14; Am. Ord. 2017-
01-01, passed 1-3-17; Am. Ord. 2018-07-02, passed 7-16-18; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.701 SUMMARY OF REVIEW AUTHORITY.
Table 7-1 below summarizes review and approval authority under this chapter.
Table 7-1: Review and Approval Authority
Technical
Planning
Board of
Review
Planning Director
Board
Adjustment
Town Council
Decision Type
Committee
PD
PB
BOA
TC
TRC
Technical
Planning
Board of
Review
Planning Director
Board
Adjustment
Town Council
Decision Type
Committee
PD
PB
BOA
TC
TRC
Text Amendment
Review, as
(aka Ordinance
Legislative
Review
Review
<DECISION>
§ 155.703
Amendment)
needed
Rezoning
Legislative
Review
Review
<DECISION>
§ 155.704
Conditional
Legislative
Review
Review
Review
<DECISION>
§ 155.705
Zoning District
Minor Subdivision
Preliminary Plat
Administrative
Review
<DECISION>
§ 155.706
(formerly Minor
Subdivision)
Major Preliminary
Plat (formerly
Administrative
Review
DECISION
§ 155.706
Major Subdivision)
Final Plat
Administrative
Review
<DECISION>
§ 155.706
Administrative
Administrative
Review, as
<DECISION>
§ 155.707
Amendment
needed

Site Plan
Administrative
Review
<DECISION>
§ 155.707
Traffic Impact
Administrative
Review, as
<DECISION>
§ 155.708
Analysis
needed
Zoning Permit
Administrative
DECISION
§ 155.709
Special Use
Quasi-judicial
Review
Review
<DECISION>
§ 155.711
Permit
Temporary Use
Administrative
Review, as
DECISION
§ 155.712
Permit
needed
Sign Permit
Administrative
DECISION
§ 155.713
Alternative Sign
Legislative
Review
<DECISION>
§ 155.713
Plan
Written
Interpretation
(including
Administrative
<DECISION>
§ 155.715
determination of
Zoning Vested
Rights)
Variance"
Quasi-judicial
Review, as
Review
<DECISION>
§ 155.716
needed
Administrative
Quasi-judicial
<DECISION>
§ 155.717
Appeal
Zoning Vested
Right
Tree Clearing
Administrative
Review, as
<DECISION>
§ 155.721
Certificate
needed
<Public Hearing Required>
`Site Plans that are associated with a Special Use Permit application shall be reviewed by Council during their hearing of the Special Use.
"Unless variance shall be issued by a state or federal agency for appropriate determinations.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2013-02-02, passed 2-4-13; Am. Ord. 2013-12-03, passed 12-2-13; Am. Ord.
2017-01-01, passed 1-3-17; Am. Ord. 2018-07-02, passed 7-16-18; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.702 COMMON REVIEW PROCEDURES.
(A) Pre -application conference.
(1) Before submitting an application for development approval, each applicant shall schedule a pre -application
conference with the Planning Department to discuss the procedures, standards and regulations required for development
approval in accordance with this chapter. The pre -application meeting shall have been held no more than six months prior to
application submittal
(2) Unless waived by the Planning Director, a pre -application conference with the Planning Department shall be
required for all development approvals listed in Table 7-1, with the exception of Written Interpretations (§ 155.715),
Administrative Appeals (§ 155.717), Zoning Permits (§ 155.709), and Sign Permits (§ 155.713).
(B) Neighborhood meeting.
(1) After the pre -application conference and at least ten days prior to the first public meeting or, if administrative, prior to
final approval by the Technical Review Committee (TRC), the applicant shall hold a mandatory neighborhood meeting for the
following:
(a) Rezonings (§ 155.704);
(b) Conditional Zoning (§ 155.705);
(c) Major Subdivision/Preliminary Plat Review (§ 155.706);
(d) Major Site Plan Review (only required for site plans including new structures or building additions greater than
10,000 SF in size), (§ 155.707);
(e) Special Use Review (§ 155.711); and
(f) Variance (§ 155.716).
(2) Only the initial application for Conditional Rezoning review shall require a neighborhood meeting. Subsequent
applications for Minor Preliminary Plat or Site Plan review do not require further neighborhood meetings.

(3) The purpose of the neighborhood meeting shall be to inform the neighborhood of the nature of the proposed land
use and development features, explain the site plan if any, and solicit comments.
(4) The applicant shall provide notification by mail to property owners as identified in division (D)(2)(c) of this section.
The notice shall be mailed at least ten days but not more than 25 days prior to the date of the neighborhood meeting.
Neighborhood meetings shall be held no earlier than 6:00 pm Monday through Friday to allow adequate time for attendees
to get to the meeting.
(5) The applicant shall provide to the Planning Department a copy of all notice materials including the letter and
addresses, and provide written certification of the mailing. Certification shall note the date of the mailing and be signed by
the applicant.
(6) The applicant shall prepare and submit to the Planning Director a meeting summary that outlines attendance, major
points discussed, and any agreements reached between the parties involved.
(7) The Planning Director may develop administrative rules pertaining to any additional requirements for the conduct of
the meeting.
(C) Application requirements.
(1) Forms. Applications required under this chapter shall be submitted on forms and in such numbers as required by the
Planning Director.
(2) Fees.
(a) All applications and associated fees shall be filed with the Planning Department.
(b) Filing fees shall be established from time to time to defray the actual cost of processing the application, as listed
in the town's Comprehensive List of Fees and Charges.
(c) An applicant who has paid the appropriate fee pursuant to the submission of an application, but who chooses to
withdraw such application prior to its distribution for review shall be entitled to a refund of the total amount paid, less 10% for
administrative costs, upon written request to the appropriate department. Once review has begun, no refund shall be
available, except that unused notice surcharges shall be refunded less 10% for administrative purposes.
(3) Application deadline. Applications shall be submitted to the Planning Department in accordance with the published
calendar schedule. Schedules indicating submittal dates shall be developed each year and made available to the public.
(4) Applications sufficient for processing.
(a) All applications shall be sufficient for processing before the Planning Department is required to review the
application.
(b) An application shall be sufficient for processing when it contains all of the required information and materials have
been submitted for review.
(c) The presumption shall be that all of the information required in the application materials is necessary to satisfy the
requirements of this section. However, it is recognized that each application is unique, and therefore more or less
information may be required according to the needs of the particular case. The applicant may rely on the recommendations
of the appropriate department as to whether more or less information should be submitted.
(d) Once the application has been determined sufficient for processing, copies of the application shall be referred by
the Planning Department to the appropriate reviewing entities.
(5) Final determinations on sufficient applications.
(a) Following review by appropriate entities, Planning Department staff shall review any updated application materials
and confer with the applicant to ensure an understanding of the applicable requirements of this chapter; that the applicant
has submitted all of the information they intend to submit; and that the application represents precisely and completely what
the applicant proposes to do.
(b) Once the applicant indicates that the application is as complete as the applicant intends to make it, Planning
Department staff will make a determination on the application, or as required by this chapter, the application shall be placed
on the agenda of the appropriate review board in accordance with standard procedures.
(6) Concurrent applications.
(a) If approved by the Planning Director, applications for development approvals may be filed and reviewed
concurrently. Any application that also requires a variance shall not be eligible for final approval until the variance has been
granted.
(b) Applications submitted concurrently are subject to approval of all other related applications; denial or disapproval
of any concurrently submitted application shall stop consideration of any related applications until the denied or disapproved
application is resolved.
(D) Notice and public hearings.

(1) Summary of notice required. Notice shall be required for applications for approval as shown in Table 7-2 below.
Table 7-2 - Public Notice Requirements
Published
Mailed
Posted
Text Amendment (aka
Ordinance Amendment)
§ 155.703
Rezoning
§ 155.704
Conditional Zoning
District Planned
Development
§ 155.705
Special Use Review
§ 155.711
Variance
§ 155.716
Administrative Appeal
§ 155.717
(2) Public notice requirements.
(a) Published notice. Where published notice is required, a distinctive advertisement shall be placed by the Town in a
local newspaper of general circulation once a week for two successive calendar weeks, the first notice being published not
less than ten days nor more than 25 days before the date fixed for the public hearing.
(b) Posted notice (sign). Where posted notice is required, a sign shall be posted within the same time period specified
for mailed notices of the hearing. The sign shall be posted on the property or at a point visible from the nearest public street.
The sign shall indicate that a public hearing will be held and a phone number to contact the town.
(c) Mailed notice.
1. Where mailed notice is required, the applicant shall supply stamped addressed envelopes to the Planning
Department. The notification shall be made by first-class mail by Planning Department staff (at the last addresses listed for
such owners in the county tax records) to all property owners within 100 feet and immediately abutting the subject property.
Pursuant to G.S. §160D-602, where the subject property immediately adjoins a street, railroad, other transportation corridor,
public or private right-of-way, landscape or riparian buffer, commonly -owned private area, public property, or homeowners'
association property, then letters of notification shall be sent to adjoining property owners as if they directly abut the subject
property. The Planning Department shall certify to the Town Council that fact, and such certificate shall be deemed
conclusive in the absence of fraud.
2. Pursuant to G.S. § 160D-602(c) the notice shall be mailed at least ten but not more than 25 days prior to the date
of the public hearing.
3. Mailed notice under this section shall not be required if a rezoning directly affects more than 50 properties owned
by a total of at least 50 different property owners, and the town elects to use the following expanded notice requirements:
A. Published notice of the hearing shall be provided as set forth in division (D)(2)(a) of this section. The
advertisement shall not be less than one-half of a newspaper page in size.
B. Mailed notice of the hearing shall be provided (as set forth in division (D)(2)(c)l . and 2. of this section) to all
property owners who reside outside of the newspaper's circulation area.
(d) Content of notice. A published or mailed notice shall provide at least the following:
1. Parcel identification number;
2. The address of the subject property (if available);
3. The general location of the land that is the subject of the application, which may include, a location map;
4. A description of the action requested;
5. Where a rezoning is proposed, the current and proposed districts;
6. The time, date and location of the public hearing;
7. A phone number to contact the town; and
8. A statement that interested parties may appear at the public hearing.
(E) Decisions. Unless specifically provided elsewhere, all decisions on land use changes, including rezonings, shall
require an affirmative vote. Tie votes shall be considered denials of any requested change.
(F) Notice of decision. Within 14 days after a decision is made, a copy of the decision shall be delivered to the applicant
by personal delivery, electronic mail or first-class mail. The decision shall also be filed with the Planning Department and
available for public inspection during regular office hours.

(G) Withdrawal of application.
(1) An applicant may withdraw an application at any time, by filing a statement of withdrawal with the Planning Director.
(2) The statement of withdrawal shall be signed by all persons who signed the application, or in the event of death or
incompetence, by the estate's lawful personal representative.
(3) The Planning Director shall withdraw applications due to failure of the applicant to submit required information within
90 days of the initial request.
(4) An applicant may postpone a scheduled public hearing once per application for up to 90 days after the date the first
public hearing was scheduled to occur, after which the Planning Director shall withdraw the application per (G)(3) above.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2007-04-05, passed 4-2-07; Am. Ord. 2011-05-01, passed 5-2-11; Am. Ord.
2013-02-02, passed 2-4-13; Am. Ord. 2013-12-03, passed 12-2-13; Am. Ord. 2017-01-01, passed 1-3-17; Am. Ord. 2018-
07-02, passed 7-16-18; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.703 TEXT AMENDMENT.
(A) Applicability. Amendments to the text ofthe town's Code of Ordinances or to this chapter shall be made in accordance
with the provisions of this section.
(1) The Town Council shall consider amendments to the text of this chapter, as maybe required from time to time.
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(B) Initiation of amendment. A request to amend the text of this chapter may be initiated by the Town Council, Board of
Adjustment, Planning Board, Planning Director, or the general public.
(C) Application requirements. Applications for a text amendment shall be submitted in accordance with §155.702(C).
(D) Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with §
155.702(D).
(E) Action by Planning Director.
(1) The Planning Director shall draft the appropriate amendment and prepare a staff report that reviews the proposed
text amendment request.
(a) Following completion of technical review by staff, the Planning Director shall forward the completed request and
any related materials to the Planning Board for a recommendation.
(F) Action by Planning Board.
(1) The Planning Board shall make a recommendation on the application to the Town Council. If the Planning Board
fails to make a recommendation, the Town Council may process the request without a recommendation.
(2) Following Planning Board review, the Planning Director shall forward the completed request and any related
materials, including the Planning Board recommendation (if applicable), to the Town Council for final action.
(G) Action by Town Council.
(1) Before taking action on a text amendment, the Town Council shall consider the recommendations of the Planning
Board and Planning Director.
(2) The Town Council may approve the amendment, deny the amendment, or send the amendment back to the
Planning Board for additional consideration.
(H) Approval criteria.

(1) In evaluating any proposed amendment of the text of this chapter, the Planning Board and the Town Council shall
consider the following:
(a) The extent to which the proposed text amendment is consistent with the remainder of the chapter, including,
specifically, any purpose and intent statements, and must adopt a statement describing whether the action is consistent or
inconsistent with approved plans;
(b) The extent to which the proposed text amendment represents a new idea not considered in the existing chapter,
or represents a revision necessitated by changing circumstances over time;
(c) Whether or not the proposed text amendment corrects an error in the chapter;
(d) Whether or not the proposed text amendment revises the chapter to comply with state or federal statutes or case
law; and
(e) Any adopted plans of the town.
(2) In deciding whether to adopt a proposed text amendment to this chapter, the central issue before the Town Council
is whether the proposed amendment advances the public health, safety or welfare and is consistent with the adopted plans
and policies of the town and the specific intent of this chapter.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2018-07-02, passed 7-16-18; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.704 REZONING.
(A) Applicability.
(1) Amendments to the zoning map shall be made in accordance with the provisions of this section.
(2) The Town Council shall consider amendments to the zoning map, as maybe required from time to time.
(3) Where appropriate, rezonings should correspond with the boundary lines of existing platted lots or parcels or the
minimum area for an intended use, especially if that portion of the tract is to be subdivided. Where the boundaries of a
rezoning request stop short of an exterior property line, it must be possible to subdivide and develop that portion of the
property outside the proposed rezoning boundary in accordance with the existing zoning and other requirements of this
chapter.
(4) All zoning requirements shall be met within the boundaries of the area being rezoned. If all of the requirements
cannot be met on the site being rezoned, prior to advertisement of the public hearing, the rezoning shall be expanded to
include all property necessary to meet zoning requirements.
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(B) Initiation of amendment.
(1) A request for a rezoning may be initiated by the Town Council, the Planning Board, or the Planning Director.

(2) An owner of land within the jurisdiction of the town (or a duly authorized agent or representative) may petition the
Town Council for a rezoning. Third -party downzoning petitions are specifically prohibited.
(C) Pre -application conference. All applicants petitioning for a rezoning shall schedule a pre -application conference with
the Planning Director in accordance with § 155.702(A).
(D) Neighborhood meeting. All applicants petitioning for a rezoning shall hold a neighborhood meeting in accordance with
§ 155.702(B).
(E) Application requirements. All applications for a rezoning shall be submitted in accordance with §155.702(C).
(F) Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with §
155.702(D).
(G) Action by Planning Director.
(1) The Planning Director shall prepare a staff report that reviews the rezoning request in light of the adopted plans and
policies of the town and the general requirements of this chapter.
(2) Following completion of technical review by staff, the Planning Director shall forward the completed request and any
related materials to the Planning Board.
(H) Action by Planning Board.
(1) The Planning Board shall make a recommendation on the application to the Town Council. The Planning Board's
recommendation shall include a written statement to the Town Council describing whether its recommendation is consistent
with the adopted plans and policies of the town. If the Planning Board fails to make a recommendation, the Town Council
may process the request without a recommendation.
(2) Following Planning Board review, the Planning Director shall forward the completed rezoning request and any
related materials, including the Planning Board recommendation (if applicable), to the Town Council for final action.
(I) Action by Town Council.
(1) Before taking action on a rezoning, the Town Council shall consider the recommendations of the Planning Board
and Planning Director.
(2) The Town Council may approve the rezoning, deny the rezoning, or send the rezoning back to the Planning Board
for additional consideration.
(3) Concurrently with adopting, denying, or remanding any rezoning, the Town Council shall adopt a statement
describing whether its action is consistent with the adopted plans and polices of the town and explaining why the Town
Council considers the action taken to be reasonable and in the public interest. If the Council adopts a rezoning which is not
consistent with any adopted future land use map, there must be a note placed on the applicable map or maps that an
amendment inconsistent with the map has been adopted, and the map or maps are deemed amended.
(J) Approval criteria. In connection with its legislative decision on a rezoning request, the Town Council may consider
factors including, but not limited to, the following:
(1) Consistency with the adopted plans and policies of the town;
(2) Suitability of the subject property for uses permitted by the current versus the proposed district;
(3) Whether the proposed change tends to improve the balance of uses, or meets a specific demand in the town;
(4) The capacity of adequate public facilities and services including schools, transportation infrastructure, recreation
facilities, wastewater treatment, water supply facilities and stormwater drainage facilities for the proposed use;
(5) It has been determined that the legal purposes for which zoning exists are not contravened;
(6) It has been determined that there will be no adverse effect upon adjoining property owners unless such effect can
be justified by the overwhelming public good or welfare; and
(7) It has been determined that no one property owner or small group of property owners will benefit materially from the
change to the detriment of the general public.
(K) Modification of application. An applicant in a zoning matter may reduce the geographic scope and or propose a
district of lower density or intensity from that requested in the application by filing a statement of modification with the
Planning Director.
(L) Time lapse between similar applications
(1) In the event of a withdrawal of an application during Town Council review on the merits, no application may be filed
requesting the rezoning of any parcel contained in the withdrawn application prior to the expiration of a minimum period of
six months from the withdrawal of the application. Where the application is withdrawn prior to the required public hearing, no
expiration period shall be imposed on a new application.
(2) When the Town Council has voted on a zoning application and the proposed rezoning has either been denied or

has failed to be adopted by the vote required in the event of a valid protest petition, then the application shall be deemed to
have expired.
(3) No subsequent application requesting a zoning change for any parcel contained in an application which has expired
may be made prior to the expiration of a minimum period of six months from the date of expiration.
(4) No subsequent application requesting the same zoning district for any parcel contained in an application which has
expired may be filed prior to the expiration of a minimum period of one year from the expiration.
(5) The Town Council, by a three -fourths majority vote, may waive the time-lapse requirements of this section if the
Town Council deems it to be in the public interest to do so.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2007-04-05, passed 4-2-07; Am. Ord. 2009-03-04, passed 3-2-09; Am. Ord.
2016-04-04, passed 4-4-16; Am. Ord. 2018-07-02, passed 7-16-18; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.705 CONDITIONAL ZONING DISTRICT.
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(A) Applicability.
(1) Conditional zoning district review (also known as conditional rezoning) shall occur in accordance with the provisions
of this section.
(2) The Town Council shall consider conditional districts, as may be required from time to time.
(3) All requirements shall be met within the boundaries of the area being rezoned. If all of the requirements cannot be
met on the site being rezoned, prior to advertisement of the public hearing, the rezoning shall be expanded to include all
property necessary to meet zoning requirements.
(4) A conditional district is not appropriate for developments that could be substantially achieved through traditional
subdivision and conventional district rezoning.
(5) At a minimum, and to avoid the potential for spot zoning, a conditional zoning application shall include a minimum
amount of land of either:
(a) Five acres; or
(b) One full city block (either existing or proposed) of at least one acre whose abutting street network connects to or

extends in alignment with the existing public street network.
(B) Initiation of amendment. An owner of land within the jurisdiction of the town (or a duly authorized agent or
representative) may petition the Town Council to establish a conditional zoning district.
(C) Pre -application conference. All applicants petitioning for a conditional district shall schedule a pre -application
conference with the planning director in accordance with § 155.702(A).
(D) Neighborhood meeting. All applicants petitioning for a conditional district shall hold a neighborhood meeting in
accordance with § 155.702(B).
(E) Application requirements.
(1) Concurrent with a request for establishment of a conditional district, an applicant shall submit a master plan, as
detailed in this section, to govern the development and maintenance of the land within the conditional district. The master
plan shall be prepared by a professional landscape architect, engineer, or architect properly licensed and in good standing in
North Carolina.
(2) All applications for establishment of a conditional district shall be submitted in accordance with §155.702(C).
(3) A traffic impact analysis shall be required if the proposed master plan meets the thresholds established in §
155.708.
(F) Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with §
155.702(D).
(G) Action by Planning Director.
(1) Upon submission of a completed application, the Planning Director shall schedule the master plan for review by the
Technical Review Committee. The Technical Review Committee shall review the master plan for consistency with the
requirements of this chapter.
(2) Upon completion of the technical review, the Planning Director may meet with the applicant to discuss any changes
in development design.
(3) The Planning Director shall prepare a staff report that reviews the application in light of comments provided by the
Technical Review Committee, in light of the adopted plans and policies of the town, and the general requirements of this
chapter. The report, master plan and any related application materials shall be forwarded to the Planning Board Town
Council.
(H) Action by the Planning Board.
(1) The Planning Board shall make a recommendation on the application to the Town Council. The Planning Board's
recommendation shall include a written statement to the Town Council describing whether its recommendation is consistent
with the adopted plans and policies of the town. If the Planning Board fails to make a recommendation, the Town Council
may process the request without a recommendation.
(2) Following Planning Board review, the Planning Director shall forward the completed conditional district request and
any related materials, including the Planning Board recommendation (if applicable), to the Town Council for final action.
(I) Action by Town Council.
(1) Before taking action on a conditional district proposal, the Town Council shall consider the recommendation of the
Planning Board (if applicable) and the Planning Director.
(2) The Town Council shall approve, approve with conditions or disapprove the conditional district.Any conditions of
approval must be signed (or declined) by the applicant prior to the Council rendering a decision.
(3) Concurrently with adopting, denying, or remanding any conditional district, the Town Council shall adopt a
statement describing whether its action is consistent with the adopted plans and polices of the town and explaining why the
Town Council considers the action taken to be reasonable and in the public interest. If the Council adopts a conditional
district that is inconsistent with any adopted future land use map a note must be placed on the map or maps that an
amendment inconsistent with the map has been adopted and that the map is deemed amended.
(J) Conditional zoning district approval criteria. In connection with its legislative decision on a conditional zoning district
request, the Town Council may consider factors including, but not limited to, the following:
(1) Consistency with the adopted plans and policies of the town;
(2) Suitability of the subject property for uses permitted by the current versus the proposed conditional district;
(3) Whether the proposed change tends to improve the balance of uses, or meets a specific demand in the town;
(4) The capacity of adequate public facilities and services including schools, roads, recreation facilities wastewater
treatment and water supply facilities and stormwater drainage facilities for the proposed conditional district;
(5) It has been determined that the legal purposes for which zoning exists are not contravened;

(6) It has been determined that there will be no adverse effect upon adjoining property owners unless such effect can
be justified by the overwhelming public good or welfare; and
(7) It has been determined that no one property owner or small group of property owners will benefit materially from the
change to the detriment of the general public.
(K) Master plan contents and approval criteria The master plan review shall include and the applicant shall be
responsible for successfully addressing the following:
(1) At a minimum, the master plan shall designate:
(a) Where and which uses or groups of uses will occur.
(b) The proposed intensity/density of those uses.
(c) The general location of the internal and external network of public rights -of -way and public infrastructure.
(d) All required elements for establishment of a zoning district including but not limited to dimensional standards,
open space network, natural resource preservation, and landscaping or buffering.
(e) Documentation that the proposed infrastructure improvements accommodate the additional impacts caused by
the development, or documentation to assure that the development, as proposed, will not overtax the existing public
infrastructure systems.
(2) The master plan shall include and the applicant shall be responsible for successfully addressing the following:
(a) Compliance with § 155.203(L) and all other applicable requirements of this chapter, or analysis and justification if it
deviates from the requirement of this chapter;
(b) Consistency with the Clayton General Design Guidelines;
(c) Conformance of the proposal with the stated purpose of the requested conditional zoning district;
(d) Compatibility of the proposed development with the adjacent community;
(e) The quality of design intended for each component of the project and the ability of the overall development plan to
ensure a unified, cohesive environment at full build -out;
(f) Compatible relationships between each component of the overall project;
(g) Self-sufficiency of each phase of the overall project;
(h) The fiscal impact of the proposal and the proposed financing of required improvements;
(i) The success of the proposal in providing adequate pedestrian and bicycle links within the development and with
the adjacent community; and
(j) The effectiveness with which the proposal protects and preserves the ecologically sensitive areas within the
development.
(L) Action after approval.
(1) Upon approval of a conditional zoning district by the Town Council, and on recordation of the approved master plan,
the district is deemed established. Properly executed documents shall be returned to the office of the Town Clerk for
recording no later than 90 days from the date of approval or the approval shall be null and void. All documents (including
the approved master plan) shall be an integral part of the approved proposal.
(2) The approved conditional district and associated master plan shall run with the land and shall be binding on the
original applicant as well as any successors, assigns and heirs. The approved master plan shall be recorded in the Johnston
County Register of Deeds office and the Zoning Map amended.
(3) Approval of a conditional district rezoning and associated master plan does not constitute site plan approval or
subdivision approval (if the property is to be further subdivided), except where the master plan meets the requirements for
and is approved as a preliminary plat.
(4) Property to be further subdivided shall obtain approval in accordance with §155.706. Where a preliminary plat has
been approved, the applicant may move forward to provide construction plans and a final plat.
(5) Property not to be further subdivided shall obtain site plan approval as set forth in §155.707.
(6) Special uses identified as such in the approved master plan require approval in accordance with §155.711.
(7) The master plan shall run with the land perpetually, or until a subsequent rezoning is approved.
(M) Time lapse between similar application.
(1) In the event of a withdrawal of an application prior to action by the Town Council, no application may be filed
requesting the same or substantively similar conditional district contained in the withdrawn application prior to the expiration
of a minimum period of six months from the withdrawal of the application.

(2) When the Town Council has voted on a conditional district and the proposed rezoning has failed to be adopted,
then the application shall be deemed to have expired.
(3) No subsequent application requesting a conditional district for any parcel contained in an application which has
expired may be made prior to the expiration of a minimum period of six months from the date of expiration.
(4) No subsequent application requesting the same zoning category for any parcel contained in an application which
has expired may be filed prior to the expiration of a minimum period of one year from the expiration.
(5) The Town Council, by a three -fourths majority vote, may waive the time-lapse requirements of this section if the
Town Council deems it to be in the public interest to do so.
(N) Approved master plan modifications.
(1) Amendments or modifications to an approved master plan, if minor in scope, shall be approved administratively by
the Planning Director. Minor modifications shall include up to 10% modifications (by area, intensity, or dwelling units) from
the original approval to the approved mixture of uses (so long as the maximums stated are not exceeded), adjustments to
phasing, and the realignment of internal stransportation infrastructure provided connectivity is not reduced. Changes in
boundaries between land uses are permitted so long as the boundary abutting outside zoning districts does not change and
the boundary between areas within the conditional district does not shift more than 100' for master plans covering 20 acres
or less, 200' for master plans of 20 to 100 acres, or 300' for master plans of greater than 100 acres. Minor modifications to
the typical project details, which include but are not limited to signage, lighting, parking, amenities, and landscape
requirements shall also be approved administratively by the Planning Director provided they conform to all other aspects of
the approved master plan, this chapter, and other town policies and specifications, as appropriate. Master plan modifications
that require the judgement of a licensed landscape architect, engineer. or architect are not minor modifications.
(2) Major modifications include anything not identified as minor. Major modifications shall require resubmittal and
reconsideration by per this section. Major modifications shall also include any proposed revisions that are deemed by the
Planning Director to be inconsistent with the adopted plans and policies of the town, or the conditions of the district, or that
would otherwise negatively impact surrounding properties in any manner exceeding the originally approved master plan.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2007-04-05, passed 4-2-07; Am. Ord. 2008-06-01, passed 6-2-08; Am. Ord.
2009-03-04, passed 3-2-09; Am. Ord. 2015-02-01, passed 2-2-15; Am. Ord. 2016-04-04, passed 4-4-16; Am. Ord. 2018-07-
02, passed 7-16-18; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.706 PRELIMINARY PLAT REVIEW.
(A) Applicability. Pursuant to and in accordance with G.S. Chapter 160D, Article 8, subdivision approval shall be required
before the division of land (for any purpose) into two or more parcels, except as expressly exempted below.
(B) Actions exempt from preliminary plat review. For the purpose of this Article "subdivision" shall be as defined in G.S. §
160D-802, and subject to the restrictions therein. Any subdivisions expressly exempted from all or a portion of the standards
of this chapter shall still be required to meet the standards of G.S. Chapter 160D, Article 8, including the filing of a Final Plat.
(1) The combination or recombination of portions of previously subdivided and recorded lots where the total number of
lots is not increased and the resulting lots are equal to or exceed the standards of this chapter;

guaDIVISIUN REVIEW
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(2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
(3) The public acquisition by purchase of strips of land for water or sewer infrastructure or the widening or opening of
streets or for public transportation system corridors;
(4) The division of a site in single ownership whose entire area is no greater than two acres into not more than three
lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of
this chapter;
(5) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate
succession under G.S. § 160D-29; and
(6) The division of a tract or parcel of land in single ownership when the following criteria are met (see G.S. § 160D-
802(c):
(a) The tract or parcel to be divided is not exempted based on any of the criteria listed above in this division.
(b) No part of the tract or parcel to be divided has been divided under this division in the ten years prior to division.
(c) The entire area of the tract or parcel to be divided is greater than five acres.
(d) After division, no more than three lots result from the division.
(e) After division, all resultant lots comply with all of the following:
1. Any lot dimension size requirements of this chapter.
2. The use of the lots is in conformity with this chapter.
3. A permanent means of ingress and egress is recorded for each lot.
(C) No subdivision without plat approval.
(1) No person may subdivide land except in accordance with all of the provisions of this chapter. In particular, no
subdivision may occur unless and until a final plat of the subdivision has been approved in accordance with the provisions of

this section and recorded in the Johnston County Registry.
(2) The County Register of Deeds shall not record a plat of any subdivision within the town's planning jurisdiction
unless the plat has been approved in accordance with the provisions of this chapter.
(3) Not all divisions of land constitute subdivisions that are subject to regulation under this chapter. However, to ensure
that such divisions are in fact exempt from the requirements of this chapter, all plats creating a division of land shall be
presented to the Planning Director before recordation in the Johnston County Registry and the Planning Director shall
indicate on the face of the plat that the division is exempt from the provisions of this chapter if that is the case.
(4) No street shall be maintained or accepted by the town, or shall any street lights, water, or sewer be extended to or
connected with any subdivision of land, or shall any permit be issued by any administrative agent or department of the town
for the construction of any building or other improvements requiring permit,
upon any land for which a plat is to be approved, unless and until the requirements set forth in this chapter are in
compliance.
(5) There are a variety of requirements for differing levels of resource protection in Article 5, which must be met prior to
the subdivision of land.
(D) Delegation of authority. The Town Council delegates review and approval authority for all preliminary plats and final
plats to the Planning Director, with review by the Technical Review Committee.
(E) Unlawful to record plat without final or preliminary plat approval Except as described above, it shall be unlawful to
offer and cause to be recorded any final plat within the town limits with the County Register of Deeds unless the plat bears
the endorsement and approval of the Planning Director or Town Clerk.
(F) Definitions.
(1) MINOR SUBDIVISION.
(a) A minor subdivision is a subdivision that does not involve any of the following:
1. Creation of a total of more than five lots;
2. Creation of any new public streets;
3. Extension of any water or sewer lines; or
4. Installation of drainage improvements through one or more lots to serve one or more other lots.
5. A traffic impact analysis as established in § 155.708.
(b) Minor subdivisions require minor preliminary plat review and final plat review.
(2) MAJOR SUBDIVISION.
(a) All other divisions of land not exempted in division (B) of this section or listed in division (F)(1) of this section shall
be considered major subdivisions.
(b) Major subdivisions require major preliminary plat approval and final plat approval.
(G) Pre -application conference and sketch plan.
(1) All applicants seeking subdivision approval shall schedule a pre -application conference with the Planning Director,
in accordance with § 155.702(A).
(2) At the time of the pre -application conference, applicants shall submit a sketch plan for review by the Planning
Director. This plan should, in simple sketch form, show the proposed layout of streets, lots and other features in relation to
existing conditions (see Planning Department for specific submittal requirements).
(3) The Planning Director shall make a determination as to which approval process authorized by this section can be
used. The Planning Director may require the applicant to submit whatever supplemental information is necessary to make
this determination.
(4) When a subdivision is to be developed in phases or stages, a master plan shall be submitted for the entire
development and a preliminary plat shall be submitted for each individual stage. A final plat is submitted for individual stages
as each stage is developed. Each new stage shall be developed adjacent to an earlier stage.
(H) Minor preliminary plat review (for minor subdivisions
(1) Applicability.
(a) The procedure for approval of a minor preliminary plat is intended to simplify processing of routine small
subdivisions with due regard to protection of the public interest. The difference between the minor and major subdivision
processes is that minor subdivisions do not require preliminary plat review.
(b) There shall be only one minor subdivision approved on any original tax parcel in any three-year period. This
condition shall not apply to minor subdivisions for which the following conditions are met:

1. The owner and grantee certify that the grantee of each lot is the child or child and spouse, or grandchild and
spouse of the owner;
2. The owner and grantee certify that no consideration shall be paid for any of the lots;
3. The owner and grantee certify that the purpose of the minor subdivision is not to circumvent the provisions of this
chapter, and that none of the lots shall be conveyed to third parties for a period of not less than three years, and that the
record plat shall indicate same.
4. Failure of any person to comply with the provisions of division (H)(1)(b)1., 2. and 3. of this section shall be in
violation of this chapter, and all of the remedies available in G.S. § 160D-807 shall apply.
(2) Application requirements. All applications for minor plat review shall be submitted in accordance with §155.702(C).
(3) Action by Planning Director.
(a) Upon submission of a completed application, the Planning Director shall schedule the minor subdivision plat for
review by the Technical Review Committee. The Technical Review Committee shall review the plat for consistency with the
requirements of this chapter. The Planning Director shall, after review by the Technical Review Committee, determine
whether the plat conforms to the standards of a minor subdivision.
(b) If the minor subdivision plat is determined not to be in conformance with the requirements of this chapter, the
application shall be denied. If the Planning Director should disapprove the preliminary plat, the reasons for such action shall
be given to the applicant.
(4) Action following approval. Upon minor preliminary plat approval, the applicant may begin preliminary site work. All
site work shall be performed in compliance with the requirements of this chapter, and other applicable regulations of the
town, the County, and the state. The final plat may be recorded in the County Record of Deeds.
(5) Continuing validity of minor plats. Within 24 months of the date of approval of the minor subdivision plat, the
applicant shall submit application for final plat review otherwise the minor subdivision plat shall be null and void.
(6) Minor plat approval criteria. Minor subdivision plats shall be approved only when the Planning Director, after
Technical Review Committee review, finds that all of the following conditions exist:
(a) Consistency with the adopted plans and of polices of the town;
(b) The plat complies with the standards of §§155.600 through 155.607, and any other applicable requirements of
this chapter;
(c) The plat indicates that all subject lots will have frontage on existing approved streets;
(d) New or residual parcels conform to the requirements of this chapter and other applicable regulations;
(e) No new streets are required or are likely to be required for access to interior property;
(f) No drainage or utility easements will be required to serve interior property;
(g) No extension of public sewerage or water lines will be required; and
(h) The proposed subdivision will not adversely affect permissible development of the remainder of the parcel or of
adjoining property.
(1) Major preliminary plat review (for major subdivisions only).
(1) Applicability. A preliminary plat shall be required for all subdivisions that do not meet the definition of a minor
subdivision as set forth in division (F) of this section.
(2) Application requirements.
(a) All applications for preliminary plat review shall be submitted in accordance with §155.702(C).
(b) A traffic impact analysis may be required if the proposed subdivision meets the thresholds established in §
155.708.
(3) Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with §
155.702(D).
(4) Neighborhood meeting. None required.
(5) Action by Planning Director.
(a) Upon submission of a completed application, the Planning Director shall schedule the preliminary plat for review
by the Technical Review Committee. The Technical Review Committee shall review the preliminary plat for consistency with
the requirements of this chapter. The Planning Director shall, after review by the Technical Review Committee, determine
whether the plat conforms to the standards of this chapter.
(b) If the preliminary plat is determined not to be in conformance with the requirements of this chapter, the application
shall be denied. If the Planning Director should disapprove the preliminary plat, the reasons for such action shall be given to

the applicant.
(6) Action following approval.
(a) Upon preliminary plat approval, the applicant may initiate proceedings to begin site work and installation of
improvements. All work shall be performed in compliance with the requirements of §§ 155.600 through 155.607, and other
applicable regulations of the town, the County, and the state.
(b) Approval of a preliminary plat does not constitute approval of the final plat. Application for approval of the final
(record) plat will be considered only after the requirements for final plat approval as specified in division (J) of this section
have been fulfilled and after all other specified conditions have been met.
(7) Continuing validity of preliminary plats.
(a) Within 24 months of the date of approval of the preliminary plat, the applicant shall submit a final plat for at least
one section of the subdivision otherwise the preliminary plat shall be null and void.
(b) For multi -phase developments greater than 25 acres, the preliminary plat shall expires seven years after approval
and is subject to the requirements of G.S. § 160D-108(d)(4). As phases continue to receive development approvals or site
specific vesting plans, the vesting period may extend past the initial seven year period according to the standards for those
approvals.
(c) For preliminary plats also approved as master plans for Conditional Zoning Districts, the preliminary plat does not
expire and runs with the land, or until a subsequent rezoning changes the district.
(d) Where more than one vested right may be in effect, the longer time period applies.
(J) Final plat review (major and minor subdivisions).
(1) Applicability. A final plat shall be required for all subdivision of land in the town and its extraterritorial jurisdiction.
(2) Application requirements. All applications for final plat review shall be submitted in accordance with §155.702(C).
(3) Action by Planning Director.
(a) Upon submission of a completed application, the Planning Director shall within 60 days schedule the final plat for
review by the Technical Review Committee. The Technical Review Committee shall review the final plat for consistency with
the with the approved minor subdivision plat or approved preliminary plat, as applicable, and the general requirements of
this chapter.
(b) Upon completion of the technical review, the Planning Director may approve the final plat, deny the final plat, or
send the plat back for additional consideration.
(c) If the final plat is disapproved by the Planning Director, the reasons for such disapproval shall be stated in writing,
specifying the provisions of this chapter with which the final plat does not comply.
(4) Final plat approval criteria. Final plats shall be approved when the following conditions exist:
(a) Consistency with the adopted plans and of polices of the town;
(b) The plat substantially complies with the approved minor plat or preliminary plat, as applicable;
(c) The plat complies with the standards of §§155.600 through 155.607 and the other applicable requirements of this
chapter;
(d) New and residual parcels will conform to the requirements of this chapter and other applicable regulations;
(e) All necessary right-of-way has been offered for reservation or dedication; and
(f) All necessary drainage easements have been provided.
(5) Endorsements on final plats.
(a) Minor plats. All minor subdivision final plats shall contain the following certificates:
1. Certificate of ownership;
2. Certificate of survey and accuracy;
3. Certificate of approval by the Planning Director; and
4. County Plat Review Officer's Certificate.
(b) Major plats.
1. All major subdivision final plats shall contain the following certificates:
A. Certificate of ownership and dedication;
B. Certificate of survey and accuracy;

C. Certificate of approval of water supply and sewage and disposal systems (county);
D. Certificate of approval of the design and installation of streets, utilities, and other required improvements;
E. Certificate of approval by the Town Manager, as applicable; and
F. County Plat Review Officer's Certificate.
2. All final plats located outside the corporate limits of the town, but within the planning jurisdiction, shall contain the
following certificates:
A. NCDOT Engineer Certificate; and
B. Certificate of approval of non -municipal water supply and sewage disposal systems.
3. When required by the federal government, all final plats shall contain a certificate for a federally funded project.
(6) Action after approval.
(a) The applicant shall file the approved final plat with the County Register of Deeds for recording within 60 days after
the date of approval. The Planning Director, upon receipt of a written request, may extend this date an additional 30 days, if
the request is received prior to the original expiration date and the final plat meets all applicable provisions of this chapter.
(b) The approval of a final plat shall not be deemed to constitute or affect the acceptance or affect the acceptance by
the town of the dedication of any street or other ground, public utility line, or other public facility shown on the plat. However,
the town may, by resolution, accept any dedication made to the public of lands or facilities for streets, parks, public utility
lines, or other public purposes, when the lands or facilities are located within its subdivision regulation jurisdiction.
Acceptance or dedication of lands or facilities located within the subdivision regulation jurisdiction but outside the corporate
limits of the town shall not place on the town any duty to open, operate, repair, or maintain any street, utility line, or other
land or facility, and the town shall in no event be held to answer in any civil action or proceeding for failure to open, repair, or
maintain any street located outside its corporate limits.
(K) Dedication and improvements.
(1) In the development of any subdivision requiring new or modified public infrastructure, the applicant shall be required
to dedicate any additional right-of-way necessary to the width required by the town for streets adjoining the property, to
install curbs and gutters and pave all streets adjoining the property to town standards, and to install sidewalks in accordance
with the policies and requirements of Article 6.
(2) The applicant shall bear the costs of the installation of all on -site improvements as required by this chapter,
including provision for surface drainage, pavement, landscaping, and utilities. Any applicant required to install or construct
off -site improvements pursuant to this section may, with the approval as a condition of subdivision approval, and upon a
determination by the Planning Director that such improvements are not necessary or desirable at the time, but will be
needed in the future, make a payment in lieu of such improvements or part thereof. The amount of any such payment shall
be an amount estimated by the town to be the actual and total installation and construction costs of such improvements. The
amount paid for a given improvement shall be considered total and complete payment for the improvements considered, and
will preclude any further assessment of the property in the event that the town elects to install such improvements at a later
date.
(3) For all residential developments and master planned conditional zoning district involving a residential component
approved after July 3, 1995, recreation and open space dedication, or payment of fee -in -lieu thereof in accordance with §
155.203(H) shall be required.
(L) Guarantees of improvements. Guarantee of improvements shall be made in accordance with §155.607.
(M) Inspections of required improvements. Inspections of improvements shall be made in accordance with §155.607(D).
(N) Modifications to approved plat.
(1) Minor modifications.
(a) Preliminary plat. Minor modifications to an approved preliminary plat shall be reviewed and approved by the
Planning Director and TRC if the proposed changes are within the scope and intent of the original approval, meet all other
standards of this chapter, and meet the criteria below. Such revisions may include but not be limited to:
1. Reducing the lot count or dwelling unit count up to 10%;
2. Modifying phase lines; and
3. Minor internal adjustments to lot or street locations of no more than 50' in any direction.
(b) Final plat. A final plat may be rerecorded to:
1. Revise or correct dimensions;
2. Change street names;
3. Add, delete or modify easements or private covenants; or

4. Change subdivision name.
(c) Procedures.
1. Preliminary plat.
A. When minor modifications are proposed to an approved preliminary plat, the applicant shall submit an
Administrative Amendment application to the Planning Director with a copy sent to the Technical Review Committee
delineating the revisions and requesting authorization for administrative revision.
B. The Planning Director shall notify the applicant whether the proposed revision qualifies for minor modification
and the basis for the determination. If approved, the final plat may be submitted in accordance with the revisions.
C. The Planning Director shall distribute copies of the revised plat to the appropriate agencies.
2. Final plat.
A. When minor modifications are proposed to an approved final plat, the applicant shall submit a written request
to the Planning Director with a copy sent to the Technical Review Committee delineating the revisions and requesting
authorization for administrative revision.
B. If the plat has been recorded, the applicant shall submit the recorded plat with a statement describing the
revisions made and title block for the Planning Director signature, and date of signing.
C. If the ownership of the subdivision has changed or if any lots have been sold since the previous recording, an
owner's and notary's certificates shall be provided on the plat for each current owner.
D. In addition to the letter and the revised final plat, the applicant shall submit the required fees to the Planning
Director for processing and rerecording the revised plat.
E. The Planning Director shall distribute copies of the recorded final plat to the appropriate agencies.
(2) Major modifications. Proposed modifications to an approved preliminary plat or final plat not considered minor
revisions shall be submitted and processed as new applications in accordance with the provisions of this section.
(0) Resubdivision and recombination procedures. For any replatting or resubdivision of land, the same procedures, rules,
and regulations shall apply as prescribed for an original subdivision. Lot size and configuration may, however, be varied on
an approved plat after recording, provided that:
(1) No lot or parcel of land shall be created or sold that does not conform to the minimum standards of the applicable
zoning district;
(2) Easements or rights -of -way shall not be changed;
(3) Street alignment and block sizes shall not be changed;
(4) The character of the area shall be maintained;
(5) A recombination of existing parcels shall be approved by the Planning Director, subject to the following:
(a) The resultant lots are equal to the standards of this chapter or more closely conform to the minimum lot size
standards in this chapter;
(b) The total number of lots is not increased;
(c) All the metes and bounds boundaries of the affected lots are shown;
(d) All lot boundaries changed or eliminated by requested combination are indicated by dashed lines;
(e) The title block contains the word "recombination";
(f) Structures on the affected lots are shown and the requested recombination does not violate setback requirements
of the §§ 155.200 through 155.204;
(g) The recombination plat is signed by all property owners if either the number of lots is reduced or different owners
for different lots are involved in the recombination;
(h) The recombination plat is signed and sealed by a registered surveyor;
(I) The recombination plat is certified by the Planning Director; and
(j) The recombination plat conforms to all laws and ordinances for the recordation of maps.
(P) Appeal. Final action on a final plat may be appealed to the Board of Adjustment in accordance with §155.717.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2007-04-05, passed 4-2-07; Am. Ord. 2008-08-04, passed 8-4-08; Am. Ord.
2011-05-02, passed 5-2-11; Am. Ord. 2018-07-02, passed 7-16-18; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.707 SITE PLAN REVIEW.

SITE PLAN REVIEW
pre•Applicatine
Conference
MAJOR
NeigbborhoLd Meefing
AppfievIon
Su6rnilial
SaM'leieeep
Review
Teehniea# Review
Commiltu
Review 8ICammesf
Crilaria
MINOR MAJDN
Planning Direr+or Planning Beard
Hal A dior
(A) Applicability.
(1) All proposed development, except for single-family detached, zero lot line, duplexes and alley -loaded dwelling units
on individual lots, shall be subject to the site plan review process.
(2) Temporary uses may require site plan review (see §155.712).
(a) Approval authority. The Planning Director shall be responsible for approving site plans, following review and
certification from the TRC.
(C) Pre -application conference.
(1) All applicants seeking site plan approval shall schedule a pre -application conference with the Planning Director, in
accordance with § 155.702(A).
(D) Site plan review.
(1) Application requirements. An application for minor site plan approval shall be submitted accordance with §
155.702(C).
(2) Action by Planning Director.
(a) Upon submission of a completed application, the Planning Director shall schedule the minor site plan for review by
the Technical Review Committee. The Technical Review Committee shall review the site plan for consistency with the
requirements of this chapter and other applicable town ordinances.
(b) After technical review, the Planning Director shall determine whether the minor site plan conforms to the
requirements of this chapter.
(3) Modifications to approved site plans.
(a) Minor modifications. If a proposed amendment to a site plan represents only a minor modification to the approved
site plan, the applicant shall submit an Administrative Amendment application to the Planning Director who shall act upon
such application within ten business days of its receipt. Minor modifications shall include the following:
1. A less than 5% increase, or any decrease, in the floor area or number of dwelling units, provided that the district
maximums of the subject property is not exceeded.
2. A less than 10% decrease in parking spaces, open space or livability space;
3. The minor relocation of any structure, dedicated street, easement or landscape screen in any direction from the
location shown on the site plan unless deemed by the Planning Director to significantly alter the approved plan such that it
would not meet the performance standards of this UDC.
(4) Substantial deviations. If a proposed amendment to a site plan deviates substantially from the approved site plan,

the approved site plan shall be amended in accordance with the procedure and standards which governed its approval. Such
substantial deviations include the following, in addition to any modifications not identified as minor:
(a) A 5% or greater increase in floor area or number of dwelling units;
(b) A 10% or greater decrease in parking spaces or open space;
(c) The relocation of any structure, dedicated street or easement in any direction from the location shown on the
major site plan for the distances specified below based on the size of the development:
1. Twenty-five feet or more for major site plans of two acres or less;
2. Fifty feet or more for major site plans of more than two acres but less than eight acres;
3. One hundred feet or more for major site plans of eight acres but less than 20 acres; and
4. One hundred fifty feet for major site plans of 20 acres or more.
(F) Approval criteria. In approving a site plan the following shall be considered:
(1) Consistency with the adopted plans and polices of the town;
(2) Compliance with all applicable requirements of this chapter;
(3) For nonresidential and multifamily projects, the site plan displays the location of trash handling, recycling, grease
bins, and other waste -related facilities employed in the normal operation of the use;
(4) Adequacy and location of parking areas and pedestrian and vehicular access points;
(5) Compliance with site construction specifications;
(6) Adequacy of stormwater facilities, water supply, sanitary sewer service, fire protection, street signs, and street
lighting as evidenced by conformance with department standards, specifications and guidelines;
(7) Compliance with requirements for easements or dedications;
(8) Compliance with any applicable subdivision improvements; and
(9) If applicable, compliance with an approved master plan.
(G) Period of validity. An approved site plan shall expire two years from the date of approval unless the proposed
development is pursued as set forth below:
(1) A complete building permit application has been submitted and remains valid;
(2) Where more than one building is to be built, the applicant may submit a series of building permit applications. The
first application shall be submitted within two years from the date that site plan approval is granted. Each subsequent
application shall be submitted within 180 days from the date of issuance of a certificate of occupancy for the previous
building; or
(3) If no building permit is required, a certificate of occupancy has been issued.
(H) Building permit/certificate of occupancy.
(1) No building permit or certificate of occupancy shall be issued until the required site plan of the proposed use or
development has been approved by the appropriate town officials.
(2) In order to secure a vested right for a site plan, the applicant must submit a site -specific vesting plan in accordance
with § 155.718.
(I) Dedication and improvements.
(1) In the development of any property for which a site plan is required in this section, the applicant shall be required to
dedicate any additional right-of-way necessary to the width required by the town for streets adjoining the property, to install
curbs and gutters and pave all streets adjoining the property to town standards, and to install sidewalks in accordance with
the policies and requirements of Article 6.
(2) The applicant shall bear the costs of the installation of all on -site improvements as required by this chapter,
including provision for surface drainage, pavement, landscaping, and utilities. Any applicant required to install or construct
off- site improvements pursuant to this section may, with the approval of the town as a condition of site plan approval, and
upon a determination by the Planning Director that such improvements are not necessary or desirable at the time, but will be
needed in the future, make a payment in lieu of such improvements or part thereof. The amount of any such payment shall
be an amount estimated by the town to be the actual and total installation and construction costs of such improvements. The
amount paid for a given improvement shall be considered total and complete payment for the improvements considered, and
will preclude any further assessment of the property in the event that the town elects to install such improvements at a later
date. Full payment shall be made before any building permit or certificate of occupancy is issued for any use shown on the
site plan.
(3) For all master planned conditional zoning districts involving a residential component approved after January 1, 2021,

recreation and open space dedication, or payment of fee -in -lieu thereof in accordance with § 155.203(H) shall be required.
(J) Guarantees of improvements.
(1) Prior to the approval of any site plan, the applicant shall submit a cost estimate and time schedule for installation of
each phase of the site improvements.
(2) The town shall require a performance guarantee for all required on -site and off -site improvements. This performance
guarantee shall be in the amount of 125% of the estimated cost of improvements. The guarantee shall be a surety bond, a
letter of credit, or other form of guarantee that provides equivalent security to a surety bond or letter of credit, the form to be
at the election of the person required to give the performance guarantee. This bond shall be in cash, certified check, or be
made by a bonding/insurance company authorized to do business in North Carolina (see also G.S. § 160D-804(g)).
(3) As each phase of improvements is installed and inspected by the town, the guarantee shall be reduced to an
amount equal to 125% of the reasonably estimated cost of completion of the remaining incomplete improvements.
(4) In the event that the applicant wishes to occupy any building or any portion of any building prior to the completion of
the required site improvements, the bond guaranteeing improvements shall be retained by the town until the remaining
required improvements are completed.
(K) Inspections of required improvements. Inspections during off -site improvements shall be made in accordance with §
155.607(D).
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2007-04-05, passed 4-2-07; Am. Ord. 2018-07-02, passed 7-16-18; Am. Ord.
2021-02-02, passed 2-15-21)
§ 155.708 TRAFFIC IMPACT ANALYSIS.
(A) Applicability.
(1) A traffic impact analysis may be required to be submitted in conjunction with an application for a Conditional Zoning
District Master Plan, preliminary plat, site plan, or special use permit.
(2) Unless exempted in division (B) of this section, a traffic impact analysis shall be required for projects, which can be
anticipated to generate at least 1,000 new vehicle trips per day or at least 100 new vehicle trips at peak hour from the latest
edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual.
Commentary. 100 peak hour vehicle trips equates to approximately 100 single-family units or 25,000 square feet of general
commercial space.
(B) Exemptions. The following projects shall not be required to submit a traffic impact analysis:
(1) Developments approved prior to the effective date of this chapter that have maintained valid conditional district
master plans (formerly planned development master plans), preliminary plats, major site plans or special use permits.
(2) Redevelopment of any site on which the additional traffic at peak hour represents an increase of less than 100 trips
from the previous development, where the redevelopment is initiated within 12 months of the completion of demolition of the
previous project.
(3) Site plans that do not trigger the requirements for a Traffic Impact Analysis outlined in §155.708(A).
(C) Pre -application conference.
(1) All applicants required to submit a traffic impact analysis shall schedule a pre -application conference with the
Planning Director, in accordance with § 155.702(A).
(2) The Planning Director and the town's consultant, if applicable, shall determine the type and scope of the study
during the pre -application conference, which may also involve representatives from other agencies or departments.
(D) Application requirements. A traffic impact analysis prepared by a professional engineer licensed in the State of North
Carolina shall be submitted in accordance with § 155.702(C). The traffic impact analysis must conform with the requirements
of this section and the town's engineering design manual. The traffic impact analysis report must describe the study
methodology, the data used, and the study findings and provide recommendations based on the results.
(E) Definition of impact area. The Director shall determine the geographic area to be included in a traffic impact analysis.
Identification of the points of access and key streets and intersections to be affected by development of the subject parcel
shall be required. Traffic recorder and turning movement assessment locations may also have to be determined. The study
area shall not extend beyond the point where the project traffic at build -out is less than 10% of the capacity of the roadway
or intersection.
(F) Consultants. The Planning Director may require that an independent consultant be hired by the town to perform the
required studies, or to review all or part of a study prepared by the applicant's consultant. The Planning Director is
authorized to administer the contract for any such consultant.
(1) The town shall determine the scope of services to be performed by the independent consultant and receive a cost
estimate of such services.

(2) The applicant shall provide an amount equal to the cost estimate to the town, which shall deposit the amount in an
escrow or other special account set up for this purpose. Any funds not used shall be returned to the applicant in a timely
manner, without interest. If the estimated or actual cost increases during the review from the town's initial cost estimate, the
applicant immediately shall provide an amount equal to the increased cost to the town, which the town shall deposit in the
escrow or special account. The final approval of any application requiring a traffic impact analysis by the town shall be
contingent upon the full payment of all consultant costs incurred for the analysis.
(3) The town may require additional funds for independent review where a decision -making body expands the scope of
the required review; the applicant substantially amends the application; additional meetings involving the consultant are
requested by the applicant; or the consultant's appearance is requested at public or affected agency meetings beyond those
anticipated in the original scope of services.
(G) Desirable operating levels for streets and intersections. Traffic on a residential local or collector street is operating at
a desirable level if it does not exceed the following levels:
Pavement Width
Vehicles Per Day
Less than 30 feet
1,200
30 feet to less than 40 feet
1,800
40 feet or wider
4,000
(H) Action on application.
(1) The Planning Director shall deny an application if the applicant is unwilling or unable to successfully mitigate the
proportional impact that the proposed development will have on the public transportation network.
(2) The Planning Director shall deny an application if the traffic impact analysis demonstrates that:
(a) The projected traffic generated by the project, combined with existing traffic, exceeds the desirable operating level
established in division (G) of this section in the traffic impact analysis study area.
(1) Application modification based on traffic analysis. An applicant may modify an application to minimize the traffic -
related effects identified in a traffic impact analysis. Modifications may include:
(1) A reduction in the projected vehicle trips per day;
(2) The dedication of additional right-of-way;
(3) The rerouting of traffic or modifications or additions of the internal street network or proposed access and egress
points;
(4) Participation in the funding of a traffic signal, intersection improvement, or other off -site transportation improvement;
and
(5) Other modification determined to be necessary.
(J) Appeal of Planning Director's action.
(1) An applicant may appeal the Planning Director's denial to the Town Council.
(2) The Town Council may approve the traffic impact analysis if the Council determines that the:
(a) Applicant has satisfactorily mitigated adverse traffic effects; or
(b) Additional traffic from the project has an insignificant effect on the town's streets.
(K) Period of validity. A traffic impact analysis shall be valid for a specific site for no more than the period for which the
plan is vested, so long as no significant modifications to the development approved for the site are made.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2018-07-02, passed 7-16-18; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.709 ZONING PERMIT.
(A) Applicability.
(1) It shall be unlawful to begin moving, constructing, altering, or repairing, except ordinary repairs, of any building or
other structure on a site including an accessory structure, until the Planning Department has issued a zoning permit for such
work.
(2) It shall be unlawful to change the type of use of land, or to change the type of use or type of occupancy of any
building, or to extend any use or any lot on which there is a nonconforming use, until the Planning Department has issued a
zoning permit for such intended use, including a determination that the proposed use, in all respects, conforms to the
provisions of this chapter.
(3) It shall be unlawful to undertake any land -disturbing activity until the Planning Department has issued a zoning

permit for such work.
(4) No zoning permit is required for permitted temporary uses (see §155.712).
(B) Timing of application. In all cases where a building permit is required, application for a zoning permit shall be made
concurrently with the application for a building permit. In all other cases, application shall be made before initiating any of the
activities that trigger compliance with this section.
(C) Application requirements. All applications for a zoning permit shall be submitted in accordance with §155.702(C).
(D) Action by Planning Director.
(1) If the proposed application is in conformity with the provisions of this chapter, the Planning Department shall issue a
zoning permit, provided that all of the following conditions shall apply:
(a) Issuance of a zoning permit shall in no case be construed as waiving any provisions of this chapter or other Town
Ordinances or other governmental regulations;
(b) The Planning Director shall not grant any exceptions to the actual meaning of any clause, standards, or regulation
contained in this chapter to any person making application to excavate, construct, move, alter or use buildings, structures or
land;
(c) The Planning Director shall issue a permit when the imposed conditions of this chapter are complied with by the
applicant regardless of whether the use of the permit would violate contractual or other arrangements (including, but not by
way of limitation, restrictive covenants) among private parties; and
(d) The zoning permit shall include a determination that plans, specifications and the intended use of such structure
and land do, in all respects, conform to the provisions of this chapter. Prior to the issuance of a zoning permit, the Planning
Director shall consult with other applicable departments, as necessary.
(2) If the proposed application, is not in conformity with the provisions of this chapter, the Planning Director shall not
issue the zoning permit and shall provide in writing the cause of such disapproval to the applicant.
(E) Expiration. Once a zoning permit has been issued, all activities pursuant to such permit shall be commenced within
six months. If the proposed moving, constructing, altering, repairing, or use of land, as set forth in an application for a zoning
permit, is discontinued for a period of one year or more, the zoning permit shall lapse and be of no further force and effect.
(F) Appeal. Final action on a zoning permit may be appealed to the board of adjustment in accordance with §155.717.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2018-07-02, passed 7-16-18; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.710 RESERVED.
§ 155.711 SPECIAL USE PERMIT REVIEW.

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(A) Applicability.
(1) Special uses within each general use district are uses that may be appropriate in a particular district, but because of
the increased potential for incompatibility with adjacent uses requires individual review by the Town Council.
(2) A special use permit shall be required for all special uses as set forth in the Permitted Land Use Table (see §
155.202). A development comprised of uses regulated by separate rows on the table shall be reviewed using the most
restrictive process from among the proposed uses.
(3) Where a use requiring a approval as a special use lies on a separate legal parcel, only the building containing the
use and its separate parcel shall be subject to special use review, not the entire project. However, where the separate legal
parcel is an outparcel, the application shall describe the relationship of the outparcel to the remaining site.
(4) Previously approved and valid Conditional Use Permits are subject to §155.109.
(B) Pre -application conference. All applicants seeking special use approval shall schedule a pre -application conference
with the planning director, in accordance with § 155.702(A).
(C) Neighborhood meeting. All applicants seeking special use approval shall hold a neighborhood meeting in accordance
with § 155.702(B).
(D) Application requirements.
(1) Concurrent with a request for a special use permit, an applicant shall submit a site plan application for review and
approval.
(2) An application for a special use permit shall be submitted in accordance with §155.702(C).
(3) A traffic impact analysis may be required if the proposed development meets the thresholds established in §
155.708.
(E) Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with §
155.702(D).
(F) Action by Planning Director.
(1) Upon submission of a completed application, the Planning Director shall schedule the associated site plan
application for review by the Technical Review Committee. The Technical Review Committee shall review the site plan for

consistency with the requirements of this chapter.
(2) Upon completion of the technical review, the Planning Director shall prepare a report that reviews the application in
light of comments provided by the Technical Review Committee, in light of the adopted plans and policies of the town, and
the general requirements of this chapter. The report, site plan and any related application materials shall be forwarded to the
Town Council.
(G) Action by Town Council.
(1) Before taking action on the special use request, the Town Council shall consider the recommendation of the
Planning Director.
(2) The Town Council may approve the request, deny the request, or send the request back to the Technical Review
Committee for additional consideration.
(H) Findings of fact required. No special use permit shall be approved unless the following findings are made concerning
the application:
(1) That the application will not materially endanger the public health or safety if located where proposed, and
developed according to the plans as submitted and approved.
(2) That the application meets all required specifications and conforms to the standards and practices of sound land
use planning and the town Code of Ordinances or other applicable regulations.
(3) That the application will not substantially injure the value of adjoining or abutting property, and will not be
detrimental to the use or development of adjacent properties or other neighborhood uses.
(4) That the application will not adversely affect the adopted plans and policies of the town, or violate the character of
existing standards for development of the adjacent properties.
(1) Additional conditions.
(1) In granting approval of a special use permit, the Town Council may impose reasonable conditions which serve to
assure that the required findings are upheld. Such conditions may include, but are not limited to, right-of-way or easement
dedication; recreation, open space, or buffer provision; limitation in scale, intensity, or hours of operation; and other
reasonable restrictions.
(2) Any additional condition approved by the Town Council shall become a part of the permit and be of equal
importance in the responsibility of the applicant or subsequent assigns to adhere to its terms.
(3) Prior to a decision by the Town Council, the applicant shall consent to these conditions in writing or decline consent
to the conditions. Conditions and safeguards imposed under this section shall not include requirements for which the Town
does not have authority under statute to regulate nor requirements for which the courts have held to be unenforceable if
imposed directly by a local government.
(J) Modifications to approved special use permits
(1) Minor deviations. The Planning Director shall approve minor deviations to a special use permit provided that such
changes are not contrary to the approving action of the Town Council. The Planning Director shall not have the authority to
approve substantial deviations as set forth below.
(2) Substantial deviations.
(a) Any deviation requiring evidentiary support in addition to that presented at a public hearing on applications for the
original permit shall constitute a substantial deviation. Before making a determination as to whether a proposed action is a
minor deviation or a substantial deviation, the Planning Director shall review the record of the proceedings on the original
application. Substantial deviations shall include the following:
1. A change in the boundaries of the approved site;
2. A change from the approved use;
3. An increase of 5% or more in the approved floor area, unless proposed addition is 500 square feet of floor area
or less, whether such addition is proposed at one time or over an extended period of time;
4. An increase of 5% or more in the number of approved parking spaces, unless the proposed addition is ten or
fewer spaces, whether such addition is proposed at one time or over an extended period of time;
5. Substantial change in the location of principal or accessory structures;
6. Structural alterations significantly affecting the basic size, form; style, ornamentation, and appearance of principal
or accessory structures as shown on the approved site plan;
7. Substantial changes in pedestrian or vehicular access or circulation; and
8. Substantial change in the amount or location of landscape screens.
(b) If a proposed amendment deviates substantially from the approved special use permit, the approved special use

permit shall be amended in accordance with the procedure and standards which governed its approval.
(K) Effect of decision.
(1) If the Town Council votes to deny an application, there maybe no subsequent application for the same or similar
use submitted by any party for any part of the subject property until 12 months have elapsed from the date of denial. If the
Town Council votes to approve an application, the permit shall be recorded in the County Register of Deeds office.
(2) The special use permit and additional conditions, if applicable, shall run with the land and shall be binding on the
original applicant as well as any successors, assigns, and heirs. Any decision by the Town Council may be appealed within
30 days of the decision in accordance with G.S. § 160D-406.
(L) Period of validity.
(1) An approved special use permit shall expire 12 months from the date of approval unless the proposed development
is pursued as set forth below:
(a) A complete building permit application has been submitted and remains valid;
(b) Where more than one building is to be built, the applicant may submit a series of building permit applications. The
first application shall be submitted within 12 months from the date approval was granted. Each subsequent application shall
be submitted within 180 days from the date of issuance of a certificate of occupancy for the previous building; or
(c) If no building permit is required, a certificate of occupancy has been issued.
(2) Once the appropriate permit has been issued, the special use permit shall remain valid unless the use, construction,
or activity ceases for a period of 12 consecutive months. In such instance the special use permit shall become void. If a
special use is determined by the Planning Director to be void, such determination shall be transmitted in writing to the
applicant.
(M) Building permit/certificate of occupancy.
(1) No building permit or certificate of occupancy shall be issued until the required site plan of the proposed use or
development has been approved by the appropriate review body.
(2) In order to secure a vested right for a site plan, the applicant must submit a site -specific development plan in
accordance with § 155.718.
(N) Revocation of a special use permit
(1) If any conditions of a special use permit, or other requirements of this chapter are violated, the Planning Director
shall begin proceedings to revoke the permit.
(2) Revocation may occur after an evidentiary hearing is conducted by the Town Council.
(3) Upon a four -fifths vote, the Town Council shall revoke the permit, and notice of such revocation shall be recorded in
the County Register of Deeds office.
(4) Violations of conditions of a special use permit shall be considered a violation of this chapter and thereby subject to
the provisions of § 155.720.
(0) Coordination with variances. Applications for variances may be submitted concurrently with a request for a special
use permit. The variance shall be considered first and any special use permit application shall be decided afterward.
(P) Coordination with rezoning. An application for a special use permit may be reviewed concurrently with a rezoning
application. However, a decision shall be rendered first for any rezoning and then subsequently for any special use permit.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2018-07-02, passed 7-16-18; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.712 TEMPORARY USE PERMIT.
Commentary: Temporary outdoor uses should not be confused with permanent outdoor activities (for example, a car sales
lot) that are only allowed in certain districts and require site plan approval, nor should they be confused with an outdoor
display area (for example, a garden center that is part of a building supply store) that may be a part of a retail store and
require site plan approval.
(A) Applicability.
(1) Temporary uses occurring on property outside of the public right-of-way, including those operating for less than 30
days within a one-year time period, shall obtain a temporary use permit from the Planning Department that outlines
conditions of operations to protect the public, health, safety and welfare subject to the standards of § 155.306.
(2) Temporary uses occurring within the public right-of-way require approval by the Town Council.
(B) Application requirements. An application for a temporary use permit shall be submitted in accordance with§
155.702(C).
(1) Each permit must, at the time of acquisition, state all dates that the temporary use will operate at a given site.

Dates not initially specified shall be subject to acquisition an additional permit.
(2) During a one year period no single site may be utilized for more than 30 days total aggregate of all dates included
on all temporary use permits issued for that given location
(3) An approved temporary use permit must be available on -site upon request by an authorized town representative.
(C) Action by Planning Department.
(1) After receiving a complete application, the Planning Department shall have up to 30 days to review the application.
(2) Following completion of the technical review period, the Planning Department shall approve the issuance of a
temporary use permit subject to the following:
(a) No lighting or electrical service shall be provided without an electrical permit;
(b) No temporary use structure shall be erected without a building permit;
(c) No temporary use structure shall block fire lanes or pedestrian or vehicular access;
(d) The site of the temporary use shall be cleared of all debris at the end of the temporary use. All temporary
structures shall be cleared from the site within five days after the use is terminated;
(e) Written permission of both the property owner and the principal tenant of the property for the temporary use shall
be provided;
(f) Adequate parking shall be provided;
(g) Required parking for other uses shall remain available;
(h) Adequate traffic control measures shall be provided;
(i) Adequate provisions for trash disposal and sanitary facilities shall be provided; and
(j) When appropriate, adequate provisions for crowd control shall be provided.
(D) Revocation of a temporary use permit. A temporary use permit shall be revoked if the Planning Director finds that the
terms of the permit have been violated or that there is a hazard to the public health, safety and welfare.
(E) Exceptions. Temporary uses conducted by bona fide nonprofit organizations, as defined by and registered with the
North Carolina Office of the Secretary of State, shall be exempt from this section to the extent permitted by state law, except
that a temporary use permit must be obtained prior to any scheduled event.
(F) Appeal. Final action on a temporary use permit may be appealed to the Board of Adjustment in accordance with §
155.717.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2010-12-03, passed 12-6-10; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.713 SIGN PERMIT.
(A) Applicability.
(1) Except as otherwise provided in §155.403(D) Exemptions, no sign may be erected, located, or altered in any
manner until a Sign Permit, and Building Permit if necessary, has been secured from the Planning Department. The change
of copy on a legally constructed sign shall not require a Sign Permit.
(2) Any sign which does not comply with the appropriate regulations in §155.403 "Signs" and cannot produce a valid
Sign Permit within one week of request shall be considered in violation and/or non -conforming, depending on the specifics
of the sign.
(B) Application Requirements. An application for Sign Permit shall be submitted in accordance with §155.702(C).
(C) Action by Planning Director. Following completion of the technical review period, the Planning Director shall review
and take final action on the Sign Permit application, provided that all requirements of this chapter, and all other applicable
electrical and North Carolina Building Code requirements are met.
(D) Action by Town Council. Following completion of the technical review period, the Town Council shall review and take
final action on any Alternative Sign Plan application or billboard sign application provided that all requirements of this
chapter, Chapter § 155.403 "Signs", and all other applicable electrical and North Carolina Building Code requirements are
met.
(E) Inspection of Permanent Signs.
(1) The applicant shall request an inspection by the appropriate inspector after installation of the signs.
(2) The Sign Permit shall be null and void if sign installation is not completed within six months or the signs are not in
conformance with the approved application.
(3) Valid Sign Permits maybe assigned to a successor as holder of a business license for the same premises.

(F) Temporary Sign Permit. A Temporary Sign Permit shall be issued in accordance with the criteria in §155.403
"Signs". An Alternative Sign Plan shall not be required for applications for Temporary Sign Permits.
(G) Revocation of a Sign Permit. The Sign Permit shall be revoked if a sign is found to be in violation of the requirements
of this chapter, or other applicable electrical and North Carolina State Building Code requirements.
(H) Appeal. Final action on a Sign Permit may be appealed to the Board of Adjustment in accordance with §155.717
"Administrative Appeals".
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2013-09-06, passed 9-3-13; Am. Ord. 2014-06-10, passed 6-16-14; Am. Ord.
2017-01-01, passed 1-3-17; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.714 RESERVED.
§ 155.715 WRITTEN INTERPRETATION.
(A) Applicability. When uncertainty exists, the Planning Director, after consultation with other involved staff and Town
Attorney, shall make interpretations concerning the provisions of this chapter.
(B) Application requirements. An application for a written interpretation shall be submitted in accordance with §
155.702(C).
(C) Action by Planning Director.
(1) The Planning Director shall review and evaluate the request in light of the text of this chapter, the zoning map, the
adopted plans and policies of the town, state and federal law, and any other relevant information.
(2) Following completion of the technical review period, the Planning Director shall render an opinion.
(3) The interpretation shall be provided to the applicant in writing.
(D) Official record. The Planning Director shall maintain an official record of all interpretations. The record of
interpretations shall be available for public inspection during normal business hours.
(E) Appeal. Final action on a written interpretation may be appealed to the Board of Adjustment in accordance with §
155.717.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.716 VARIANCE.
(A) Applicability.
(1) The Board of Adjustment may vary certain requirements of this chapter that will not be contrary to the public
interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter, will, in an individual case,
result in practical difficulty or unnecessary hardship. The Board of Adjustment shall ensure that the spirit of this chapter shall
be observed, public safety and welfare secured, and substantial justice done.
(2) The existence of a nonconforming use of neighboring land, building, or structure in the same district, or of permitted
or nonconforming uses in other districts, shall not constitute a reason for the requested variance.
(B) Application requirements. An application for a variance shall be submitted in accordance with §155.702(C).
(C) Notice and public hearings.
(1) The town shall hold all required public hearings and give notice in accordance with §155.702(D).
(2) A neighborhood meeting is required.
(D) Burden of proof. The applicant seeking the variance shall have the burden of presenting competent, material and
substantial evidence sufficient to allow the Board of Adjustment to reach the conclusions set forth below as well as the
burden of persuasion on those issues.
(E) Action by Planning Director. The Planning Director shall provide the Board of Adjustment with a copy of the
application and all relevant materials pertaining to the request.
(F) Action by Board of Adjustment
(1) Procedure.
(a) The Board of Adjustment may approve the request, deny the request, or continue the request. A concurring vote
of four -fifths of the Board is necessary to grant a variance.
(b) Each decision shall be accompanied by findings of fact that specify the reasons for the decision.
(c) In approving the variance, the Board of Adjustment may prescribe reasonable and appropriate conditions which
will ensure that the use will be compatible with adjacent properties and will not alter the character of the neighborhood.

(d) Conditions may be imposed by the Board of Adjustment regarding the location, character, and other features of
the proposed building or use as may be deemed by the Board of Adjustment to protect property values and general welfare
of the neighborhood. Failure to comply with such conditions and safeguards, when part of the terms under which the
variance is granted, shall be deemed a violation of this chapter.
(2) Findings of fact. No variance shall be approved by the Board of Adjustment unless all of the following findings are
made:
(a) Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to
demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(b) The hardship results from conditions that are peculiar to the property, such as location, size, or topography.
Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the
neighborhood or the general public, may not be the basis for granting a variance.
(c) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing
property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-
created hardship.
(d) The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is
secured, and substantial justice is achieved.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2013-12-04, passed 12-2-13; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.717 ADMINISTRATIVE APPEALS.
(A) Applicability. Pursuant to G.S. § 160D-405, an appeal by any person aggrieved by a final order, interpretation or
decision of the Planning Director or other administrator of this chapter in regard to the provisions of this chapter may be
taken to the Board of Adjustment.
(B) Application requirements.
(1) An appeal of an administrative decision shall be taken by filing a written notice of appeal specifying the grounds for
the appeal with the Planning Director and the Board of Adjustment.
(2) An application for appeal of an administrative decision shall be submitted in accordance with §155.702(C).
(3) A notice of appeal of an administrative decision shall be considered filed when a complete application is delivered to
the Planning Director. The date and time of filing shall be entered on the notice.
(4) The official who made the decision shall give written notice to the owner of the property that is the subject of the
decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by
personal delivery, electronic mail, or by first-class mail.
(C) Appeal deadline.
(1) An appeal of an administrative decision may be filed by the town, the owner or other person affected by the
decision, or by a person with standing under G.S. 160D-1402. An appeal request by an owner or other person affected by
the decision must be received by the Town Clerk within 30 days of receipt of written notice within which to file an appeal.
Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of
the decision within which to file an appeal.
(a) It shall be conclusively presumed that all persons with standing to appeal have constructive notice of the decision
from the date a sign containing the words "Zoning Decision" in letters at least six inches high and identifying the means to
contact an official for information about the decision is prominently posted on the property that is the subject of the decision,
provided the sign remains on the property for at least 10 days. Any such posting shall be the responsibility of the landowner
or applicant. Verification of the posting shall be provided to the official who made the decision.
(D) Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with §
155.702(D).
(E) Action by Planning Director. The Planning Director or designee shall transmit to the Board of Adjustment all the
papers constituting the record upon which the action appealed from was taken.
(F) Action by Board of Adjustment.
(1) The Board of Adjustment may reverse or affirm (wholly or partly) or may modify the order, requirement, decision, or
determination appealed from and shall make any order, requirement, decision or determination that in its opinion ought to be
made in the case before it. To this end, the Board of Adjustment shall have all the powers of the officer from whom the
appeal is taken.
(2) A motion to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include,
insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.
(3) If a motion to reverse or modify is not made, or a motion fails to receive a majority vote from Board members eligible
to vote, then the appeal shall be denied.

(4) Any motion to overturn a decision shall state the reasons or findings of fact that support the motion.
(G) Effect of appeal.
(1) An appeal shall stay all proceedings in furtherance of the action appealed, unless the administrative official from
who the appeal is taken certifies in an affidavit to the Board of Adjustment that, because of facts stated in the affidavit, a
stay would, in their opinion, cause imminent peril to life or property or that because the violation is transitory in nature a stay
would seriously interfere with the effective enforcement of this chapter. In that case, proceedings shall not be stayed except
by order of the Board of Adjustment or a court, issued on application of the party seeking the stay, for due cause shown,
after notice to the administrative official.
(2) An appeal shall not stop action lawfully approved (including construction activities authorized by a building permit);
only actions presumed in violation of this chapter are stayed.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2013-12-05, passed 12-2-13; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.718 ZONING VESTED RIGHT.
(A) Applicability. The purpose of this section is to implement the provisions of G.S. § 160A-385.1 pursuant to which a
statutory zoning vested right is established upon the approval of a site specific development plan.
(B) Establishment.
(1) A zoning vested right shall be deemed established upon the valid approval, or conditional approval, by the Town
Council, of a site specific vesting plan.
(2) The approving authority may approve a site specific vesting plan upon such terms and conditions as may
reasonably be necessary to protect the public health, safety and welfare.
(3) Notwithstanding (13)(1) and (2) of this section, approval of a site specific vesting plan with the condition that a
variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.
(4) A site specific vesting plan shall be deemed approved upon the effective date of the approval authority's action or
ordinance relating thereto.
(5) The establishment of a zoning vested right shall not preclude the application of overlay zoning that imposes
additional requirements, but does not affect the allowable type or intensity of use, or ordinances or regulations that are
general in nature and are applicable to all property subject to land use regulation by the town, including, but not limited to,
building, fire, plumbing, electrical and mechanical codes. Otherwise applicable, new or amended regulations shall become
effective with respect to property that is subject to a site specific vesting plan upon the expiration or termination of the
vested right in accordance with this chapter.
(6) A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval
of a site specific vesting plan, all successors to the original landowner shall be entitled to exercise such right while
applicable.
(7) A site specific vesting plan, specifically includes preliminary plats, site plans, construction plans, conditional zoning
master plans, and special use permits.
(8) Substantial commencement of a development, as determined by the Planning Director and as it relates to
establishment of a vested right, shall specifically include consideration of the following:
(a) The development has received and maintained a valid erosion and sedimentation control permit and conducted
grading activity on a continuous basis and not discontinued it for more than 30 days;
(b) The development has installed substantial on -site infrastructure;
(c) The development has received and maintained a valid building permit for the construction and approval of a
building foundation.
(9) Even if work has substantially commenced, a development approval still expires if development work is discontinued
for a period of more than 24 consecutive months, pursuant to G.S. § 160D-108.
(C) Approval procedures.
(1) Except as otherwise provided in this section, an application for site specific vesting plan approval shall be processed
in accordance with the procedures established by ordinance and shall be considered by the designated approval authority
for the specific type of zoning or land use permit or approval for which application is made.
(2) Notwithstanding the provisions of (C)(1) of this section, if the authority to issue a particular zoning or land use
permit or approval has been delegated by ordinance to a board, committee or administrative official other than the Town
Council or Board of Adjustment, in order to obtain a zoning vested right, the applicant must request in writing at the time of
application that the application be considered and acted on by the Town Council or Board of Adjustment, following notice
and a public hearing as provided in G.S. §160D-601.
(3) In order for a zoning vested right to be established upon approval of a site specific vesting plan, the applicant must
indicate at the time of application, on a form to be provided by the town, that a zoning vested right is being sought.

(4) Each map, plat, site plan or other document evidencing a site specific vesting plan shall contain the following
notation: "Approval of this plan established a zoning vested right under G.S. § 160D-108. Unless terminated at an earlier
date, the zoning vested right shall be valid until (date)."
(5) Following approval or conditional approval of a site specific vesting plan, nothing in this chapter shall exempt such a
plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval,
provided that such reviews and approvals are not inconsistent with the original approval.
(6) Nothing in this chapter shall prohibit the revocation of the original approval or other remedies for failure to comply
with applicable terms and conditions of the approval or this chapter.
(D) Duration.
(1) A zoning right that has been vested as provided in this chapter shall remain vested for a period of two years unless
specifically and unambiguously provided otherwise pursuant to (D)(2) of this section. This vesting shall not be extended to
any amendments or modifications to a site specific vesting plan unless expressly provided by the approval authority at the
time the amendment or modification is approved.
(2) Notwithstanding the provisions of (D)(1) of this section, the approval authority may provide that rights shall be
vested for a period exceeding two years by not exceeding five years where warranted in light of all relevant circumstances,
including, but not limited to, the size of the development, the level of the development, economic cycles, and market
conditions. These determinations shall be in the sound discretion of the approval authority at the time the site specific
vesting plan is approved.
(3) Notwithstanding the provisions of (D)(1) of this section, a multi -phased development as defined in G.S. 160D-108(d)
(4) shall be vested for the entire development and the vesting shall be valid for a period of seven years from the time a site
plan is approved for the initial phase of the multi -phase development.
(4) Upon issuance of a building permit, the expiration provisions of G.S. § 160D- 403(c) and the revocation provisions
of G.S. § 160D-403(f) shall apply, except that a building permit shall not expire or be revoked because of the running of time
while a zoning vested right under this section is outstanding.
(E) Termination. A zoning right that has been vested as provided in this chapter shall terminate:
(1) At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit
applications have been filed;
(2) With the written consent of the affected landowner;
(3) Upon findings by the Town Council, by ordinance after notice and an evidentiary hearing, that natural or man-made
hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health,
safety, and welfare if the project were to proceed was contemplated in the site specific vesting plan;
(4) Upon payment to the affected landowner of compensation for all costs, expenses, and other losses incurred by the
landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing,
legal, and other consultant's fees incurred after approval by the city, together with interest thereon at the legal rate until paid.
Compensation shall not include any diminution in the value of the property which is cause by such action;
(5) Upon findings by the Town Council, by ordinance after notice and an evidentiary hearing, that the landowner or his
or her representative intentionally supplied inaccurate information or made material misrepresentations which made a
difference in the approval by the approval authority of the site specific development plan; or
(6) Upon the enactment or promulgation of a state or federal law or regulation that precludes development as
contemplated in the site specific development plan, in which case the approval authority may modify the affected provisions,
upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and a
hearing.
(F) Voluntary annexation. A petition for annexation filed with the town under G.S. § 160A-31 or G.S. § 160A-58.1 shall
contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the
petition has been established under G.S. § 160D-108. A statement that declares that no zoning vested right has been
established under G.S. § 160D-108, or the failure to sign a statement declaring whether or not a zoning vested right has
been established, shall be binding on the landowner and any such zoning vested right shall be terminated.
(G) Limitations. Nothing in this chapter is intended or shall be deemed to create any vested right other than those
established pursuant to G.S. § 160D-108 or common law.
(H) Repealer. In the event that G.S. § 160D-108 is repealed, this chapter shall be deemed repealed and the provisions
hereof no longer effective.
(I) Effective date. This chapter shall be effective and shall only apply to site specific vesting plans approved on or after
November 18, 1991.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.719 RESERVED.

§ 155.720 ENFORCEMENT.
(A) Enforcement of provisions. The Planning Director, or his or her designee is charged with the enforcement of the
provisions of this chapter. If the Planning Director or a designee finds that any of the provisions of this chapter are being
violated, he or she shall notify in writing the persons responsible for such violations, indicating the nature of violation and
ordering the actions necessary to correct it. They shall also take any other action authorized by this chapter to ensure
compliance with or to prevent the violation of its provisions.
(B) Applicability.
(1) In accordance with G.S. § 160A-175 and § 10.98 of the Town's Code of Ordinances, any person violating any
provision of this chapter must remedy the violation. Violations are considered a civil penalty, and violators are required to
pay a separate penalty for each violation until the provisions of this chapter are met. Each day that a violation fails to comply
with a provision of this chapter is considered a separate and distinct violation.
(2) In case a building or structure is erected, constructed, reconstructed, repaired, converted, or maintained, or a
building, structure, or land is used in violation of this chapter, the Planning Director, or his or her designees, in addition to
other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to prevent the violation.
(3) In accordance with G.S. § 160D-807, "Penalties for Transferring Lots in Unapproved Subdivisions", any person who,
being the owner or agent of the owner of any land located within the jurisdiction of the town, subdivides his land in violation
of the subdivision requirements set forth in the Town's Unified Development Code, 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 in
accordance with the UDC and recorded in the office of the appropriate register of deeds, shall be guilty of a Class 1
misdemeanor. 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 penalty. The town may bring an action for injunction of
any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an
injunction and order requiring the offending party to comply with the UDC.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2013-12-06, passed 12-2-13; Am. Ord. 2021-02-02, passed 2-15-21)
§ 155.721 TREE CLEARING CERTIFICATE.
(A) Purpose. This section implements the enabling legislation granted to the town by the North Carolina General
Assembly. The purposes of these regulations are to:
(1) Protect existing trees and shrubs located upon undeveloped sites for use as future buffers and streetscapes to meet
site and/or subdivision plan requirements;
(2) Preserve existing tree and vegetative cover to protect the health safety and welfare of the public by preserving the
visual and aesthetic qualities of the town; maintaining property values; controlling erosion; and reducing sediment and other
pollutant run-off into streams and waterways in an effort to protect water quality; and
(3) Create a process whereby some properties are required to obtain a tree clearing certificate, recognize some
properties are exempted from the requirement to obtain a tree clearing certificate prior to the removal of vegetation, and
establish penalties for removal of all or substantially all of the required vegetation within required vegetation protection areas.
(B) Applicability. The requirements for obtaining a tree clearing certificate and penalties for non-compliance are
applicable to all undeveloped properties that are zoned for residential or nonresidential use located within the town limits
and/or extraterritorial jurisdiction (ETJ). For the purposes of the section, UNDEVELOPED PROPERTIES shall include any
property within the town's jurisdiction that is not the subject of an approved site and/or subdivision plan.
(C) Exemptions. A tree clearing certificate shall not be required for the activities listed below.
(1) Forestry activities on property that is taxed on the basis of its present -use value as agricultural, horticultural, or
forestland under G.S. Ch. 105, Article 12, and forestry activity that is conducted in accordance with a forestry management
plan prepared or approved by a forester registered pursuant to G.S. Ch. 89B, and provided such activities are accomplished
in compliance with this section. In cases where all trees or substantially all trees are removed from the perimeter buffers
described in division (D) of this section, the town will not grant a building permit and site and/or subdivision plan approval for
said property for a period of three years following the harvest of such trees. The three-year waiting period may be waived if
the Town Council, by a 3/4 vote, determines a project to be desirable and grants the right to immediate development on
recently timbered land where no perimeter buffer was kept. For the purposes of this section, the term ALL OR
SUBSTANTIALLYALL shall mean 75% or more of the existing trees with a caliper of four inches or greater.
(2) Properties with a town -approved site and/or subdivision plan, provided such plan has not expired and that any
clearing or vegetation removal is performed in strict accordance with the approved site and/or subdivision plan.
(3) The removal of vegetation by public or private agencies within the lines of any public street rights -of -way, utility
easements, or other town property, as may be necessary to ensure public safety, to obtain clear visibility at driveways or
intersections, to perform authorized field survey work, or to preserve or enhance the symmetry and beauty of such town
property.
(4) The town -initiated or approved removal of any vegetation which is in an unsafe condition, constitutes a nuisance or
noxious weed, or which by its nature is injurious to sanitary sewers, electrical power lines, gas lines, water lines, stream or

conveyance channels, or other public improvements, or vegetation which is infected with any injurious fungus, insect, or
other pest.
(5) The removal of vegetation on property located within an approved residential subdivision that is zoned for single-
family use, and provided such vegetation is not a portion of a required streetscape or other landscaping buffer.
(6) The removal of vegetation on a lot of two acres or less. Subdivision of property to circumvent these requirements is
not permitted.
(D) Required buffers and vegetation. Other than that necessary to gain reasonable access to the property, clearing
and/or removal of trees and other vegetation shall be prohibited in the areas listed below. In situations where one or more
buffer zones or vegetation protection areas overlap on the same site, then the more restrictive requirement shall apply.
(1) A perimeter buffer zone having a width of 50 feet as measured from all ultimate property boundaries that adjoin
existing public roadways. For the purposes of this section, the term ULTIMATE PROPERTY BOUNDARYof a parcel or tract
shall mean the final demarcation line around the perimeter of a parcel excluding all areas that must be dedicated to the town
for use as rights -of -way.
(2) A perimeter buffer zone having a width of 50 feet as measured from all property boundaries that adjoin developed
property or vacant property with an approved site and/or subdivision plan.
(3) A perimeter buffer zone having a width of 25 feet as measured from all property boundaries that adjoin undeveloped
property or vacant property without an approved site and/or subdivision plan.
(4) Any other areas necessary for the protection of existing vegetation as indicated within this section (such as riparian
buffers).
(5) Notwithstanding any requirements of this section, the area of the required perimeter buffer zones for any tract shall
not exceed 20% of the area of the tract, net of public road rights -of -way, and any required conservation easements.
(E) Application requirements.
(1) An application for a tree clearing certificate maybe filed only by all the owners of the property or by such owners'
authorized agent.
(2) An application for a tree clearing certificate shall be filed with the Planning Department. The application form shall
be accompanied by a Vegetation Protection Plan that shall include, at a minimum, the following information on a sheet size
no larger than 24 by 36 inches at a minimum scale of one inch equals 50 feet:
(a) Vicinity map showing the location of the tract at a readable scale.
(b) A map of the entire tract, including the property boundary of the entire tract by courses and distances with
references to true meridian and the location and dimension of all on -site and adjacent off -site easements (such as drainage,
utility, public access, aerial utility, conservation, permanent and temporary construction easements).
(c) General information about the tract, including but not limited to the owner of the tract; the current zoning of the
tract, the area of the tract, and the conditional use zoning conditions, planned unit development master plan requirements, if
applicable.
(d) The location and use(s) of all existing building(s) on the tract.
(e) The owner, current zoning and present use of all contiguous properties (including property on opposite side of
adjoining streets).
(f) The general classification of all existing and proposed adjacent roadways (as depicted in the Clayton
Transportation Plan) and the ultimate right-of-way boundaries associated with these roadways.
(g) The location and width of all future/existing buffers and associated vegetation protection areas, including riparian
buffers, perimeter buffers and perimeter streetscapes.
(h) The proposed limits of timbering activities, including the location and extent of all tree protection areas as required
under § 155.402(H)(4).
(i) A survey of individual trees is not required.
(3) The Planning Director may reduce or waive the requirements for a Vegetation Protection Plan in situations where it
can be demonstrated that all vegetation removal will take place outside of required vegetation protection areas.
(F) Procedure. Prior to the commencement of any vegetation clearing or removal on any undeveloped property, the
owner or the owner's agent must demonstrate exemption from the requirements of this section, or submit the required
application materials and applicable fees for a tree clearing certificate.
(1) Upon receipt of documentation that a property is exempted from obtaining a tree clearing certificate, the Planning
Director shall review all materials and make a determination if a property is exempted from the requirements or if the
requirements apply. In situations where exemption status is claimed based on forestry use, this documentation shall include
proof that the property is taxed under the present -use value standard or a copy of the valid forestry management plan
prepared or approved by a North Carolina registered forester. The decision of the Planning Director may be appealed to the

Zoning Board of Adjustment pursuant to § 155.717.
(2) If a property is not exempted from the provisions pertaining to a tree clearing certificate, then such application
materials shall include a Vegetation Protection Plan consistent with the requirements listed in division (E)(2) above.
(3) The Vegetation Protection Plan shall be reviewed by the Planning Director. The Director shall disapprove the
Vegetation Protection Plan if he or she has concerns about the plan's ability to meet the standards of this section. In the
event the Director disapproves the plan, an Administrative Appeal may be filed.
(4) An applicant for a tree clearing certificate shall be notified upon approval of the Vegetation Protection Plan, and shall
be free to erect or install any and all barriers necessary to protect existing vegetation within required buffer areas and
vegetation protection areas from damage during tree clearing and/or removal activities. Failure to protect these areas shall
result in penalties as indicated in division (G) below.
(5) Once all barriers for the protection of existing vegetation have been installed, a property owner or agent shall
request inspection of such barriers for compliance with the requirements of this section.
(6) Upon a passing inspection of vegetation protection barriers, the Director shall issue a tree clearing certificate, and
authorized vegetation clearing and/or removal may commence.
(7) An approved tree clearing certificate shall be valid for a period of not more than 12 months from the date of
issuance.
(G) Non-compliance.
(1) Failure to comply with the provisions of this section shall constitute a violation of this section, and shall subject an
offending party to a series of actions, including the payment of fines, delay in site and/or subdivision plan approval or
building permit issuance, and the requirement to double the amount of required vegetation as would typically be required
during the site and/or subdivision plan review and approval process. The following table summarizes the penalties for non-
compliance with this section.
(2) An "X" in a particular cell indicates that the associated penalty applies:
Penalties for Non -Compliance
Review of All
Three -Year
Landscaping
Subsequent
Delay in
Requirements
Payment
Site and/or
Approval of
Doubled
Type of Violation
of Fines
Subdivision
Building Permit
During Site
Plans by Town
or Site and/or
and/or
Council
Subdivision
Subdivision
Plan
Plan Review
Property is exempt from
tree clearing certificate
requirements, but all or
substantially all
X
X
X
vegetation within required
buffers and/or vegetation
protection areas is
removed
Property owner obtains a
tree clearing certificate,
but removes some of the
X
X
vegetation within a
required buffer and/or
tree protection area
Property is not exempt
from tree clearing
certificate requirements,
but property owner
obtains no certificate, and
X
X
X
removes some of the
vegetation within a
required buffer and/or
tree protection area

Property is not exempt
from tree clearing
certificate requirements,
but property owner
obtains no certificate and
removes all or
X
X
X
X
substantially all of the
vegetation within a
required buffer and/or
tree protection area
(Ord. 2006-07-03, passed 7-17-06; Am. Ord. 2021-02-02, passed 2-15-21)