4.1. - General procedural requirements.

4.1.1 Application Process

The specific procedures followed in reviewing various applications for development approval may vary. Generally, the procedures for all applications have three (3) common elements: (1) submittal of a complete application, including required fee payment and appropriate information; (2) review of the submittal by appropriate staff and boards; and (3) action to approve, approve with conditions, or deny the application.

4.1.2 Completeness Review

(a)

No application shall be deemed complete unless all required information is included, and all application fees required by this appendix have been paid. An application which includes such information shall be deemed complete. Current application materials shall be made available in the planning department offices. All decisions of the town manager pertaining to completeness may be appealed to the board of adjustment pursuant to section 4.10 of this appendix.

(b)

Whenever this article establishes a time period for processing of an application, such time period shall not commence until the town manager has reviewed such application for completeness in order to determine whether the application has been properly submitted and the applicant has corrected all deficiencies in such application. Review for completeness of application forms is solely for the purpose of determining whether preliminary information required for submittal with the application is sufficient to allow further processing, and shall not constitute a decision as to whether application complies with the provisions of this appendix.

4.2. - Comprehensive plan.

Purpose statement: The purpose of this section is to prescribe uniform procedures for the establishment and amendment of the comprehensive plan.

(a)

Process.

The town council shall adopt and maintain a comprehensive plan for Chapel Hill. Amendments to the comprehensive plan, or a new comprehensive plan, shall be prepared by the planning board with assistance from the town manager and approved, modified, or rejected by the town council. The comprehensive plan shall be used as a guide for decision-making.

(b)

Schedule for updates.

The comprehensive plan may be amended at the discretion of the town council.

4.3. - Concept plan review.

Purpose statement: It is the intent of the site analysis data and conceptual development plan process to provide an opportunity for the town council, town manager, the community design commission and citizens to review and evaluate the impact of a major development proposal on the character of the area in which it is proposed to be located. This process is intended to take into consideration the general form of the land before and after development as well as the spatial relationships of the proposed structures, open spaces, landscaped areas, and general access and circulation patterns as they relate to the proposed development and the surrounding area.

4.3.1 Applicability

(a)

Proposals subject to review by community design commission.

This section applies to any:

(1)

Special use permit or a special use permit modification; or

(2)

Master land use plan or a master land use plan modification; or

(3)

Major subdivisions.

(b)

Proposals subject to additional review by town council.

(1)

An application that meets any of the minimum thresholds established in subsections (1) or (2), below, shall require town council review as provided in section 4.3.2, below, in addition to community design commission review:

(2)

If an application does not meet the thresholds established in subsection (1), above, the applicant may request review by the town council. The town council may determine to review the application, or it may decline to review the application. Such request shall be filed at least fifteen (15) days in advance of a regular meeting of the town council. The town council's determination shall be rendered at its next regular meeting after receiving a complete request for town council review.

4.3.2 Procedures

(a)

Application submittal requirements.

Applications for site analysis data and conceptual development plan review shall be filed with the town manager. The town manager shall prescribe the form(s) on which information shall be submitted. Forms shall include the name and address of the applicant, the name and address of the owner of each zoning lot involved, and the relationship of the applicant and property owner in connection with the plan. If the applicant or property owner is an entity other than an individual, the plans shall also include detailed information regarding the principals of the entity. Forms shall include the name of the project principals and indicate the project principals development experience. The town manager shall prescribe any other material that may reasonably be required to determine compliance with this appendix and relationship to the town's comprehensive plan with sufficient copies for necessary referrals and records.

No application shall be accepted by the town manager unless it complies with such submittal requirements. Applications that are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the applications.

(b)

Time frame for action on concept plans.

Upon receipt of a complete concept plan, the town manager shall forward all information submitted by the applicant for review by the community design commission within thirty (30) days.

(c)

Aspects of review.

The town council and community design commission, in examining development applications, are to consider the various aspects of design, with special emphasis on whether the proposed development is consistent with the town's design guidelines and the goals and objectives of the town's comprehensive plan.

(d)

Community design commission review.

(1)

The community design commission shall review the application and shall submit its written recommendation to the applicant and town council, if applicable.

(2)

The community design commission shall consider public comments and shall base its recommendation on its determination of whether or not the application conforms to applicable provisions of this appendix.

(3)

The community design commission shall provide its recommendations to the applicant within thirty-five (35) days of the meeting at which a complete application is considered, or within such further time consented to in writing by the applicant or by town council resolution. If the community design commission fails to prepare its recommendation to the applicant within this time limit, or extensions thereof, that agency shall be deemed to recommend the application without conditions.

(e)

Town council review.

(1)

After receiving the recommendations of the community design commission, the town council shall review the application in the same manner as prescribed in subsection (d), above. The town council may appoint a subcommittee to review the application. The mayor shall determine the membership of the subcommittee.

(2)

The town council may conduct its review concurrent with the community design commission.

(3)

After considering public comments and the recommendations of the community design commission, the town council shall adopt a resolution transmitting its preliminary recommendations to the applicant.

4.3.3 Criteria

The concept plan is a preliminary step toward the preparation of a formal development plan. All concept plans should demonstrate a high quality of overall site design. The design and construction of site elements should include appropriate descriptions and explanations of the relationship and balance among site elements, the relationship of the development to natural features, neighboring developments and undeveloped land, access and circulation systems, retention of natural vegetation, minimal alteration of natural topography, mitigation of erosion and sedimentation, mitigation of stormwater drainage and flooding, arrangement and orientation of buildings and amenities in relation to each other and to neighboring developments and streets, landscaping, preservation or enhancement of vistas, and mitigation of traffic impacts.

(Ord. No. 2007-02-26/O-5, § 6)

4.4. - Zoning amendments.

In order to establish and maintain sound, stable, and desirable development within the planning jurisdiction of the town it is intended that, this appendix shall not be amended except a) to correct a manifest error in the appendix, or b) because of changed or changing conditions in a particular area or in the jurisdiction generally, or c) to achieve the purposes of the comprehensive plan.

It is further intended that, if amended, this appendix be amended only as reasonably necessary to the promotion of the public health, safety, or general welfare, and in conformance with the comprehensive plan.

4.4.1 Initiation

(a)

A request to amend this appendix may be initiated by:

(1)

The town council, on its own motion;

(2)

The planning board, board of adjustment, historic district commission, or community design commission, on submittal of a request to the town council;

(3)

The town manager, on submittal of a request to the town council; or

(4)

Any property owner or citizen, or agent thereof, on submittal of an application to the town manager.

(b)

All requests and applications for amendments to this appendix shall be acted on as provided in this section.

(c)

Pursuant to N.C.G.S. 160A-382, a request for rezoning to a conditional use district may be made only by application from the owner(s) of all the property included in the area proposed to be rezoned. An application for rezoning to a conditional use district may include a request by the property owner(s) to limit the uses allowed with approval of a special use permit. An application for rezoning to a conditional use district may be accompanied by an application for a special use permit, as provided in section 4.5 of this appendix, and may be reviewed concurrently with the special use permit application; provided, however, that the special use permit application shall be approved separately as provided in section 4.5 of this appendix.

4.4.2 Procedures

(a)

Town council acceptance of requests.

On receipt of an amendment request as provided in subsection 4.4.1(a), above, the town council may set a date for a public hearing on the request. If the town council sets a date for a public hearing on a proposed amendment, it shall also refer the proposed amendment to the town manager, the planning board, and any other appropriate board or commission for their consideration.

(b)

Application submittal requirements.

(1)

Applications for amendments to this appendix, as provided in subsection 4.4.1(a), shall be filed with the town manager.

(2)

The town manager shall prescribe the form(s) on which applications are made. Applications shall include the name and address of the applicant, the name and address of the owner of each zoning lot involved, and the relationship of the applicant and property owner in connection with the application. If the applicant or property owner is an entity other than an individual, the application shall also include detailed information regarding the principals of the entity. The town manager shall prescribe any other material that may reasonably be required to determine compliance with this appendix, with sufficient copies for necessary referrals and records.

(3)

No application shall be accepted by the town manager unless it complies with such requirements. Applications that are not complete shall be returned to the applicant, with a notation of the deficiencies in the application.

(c)

Town manager's report to planning board.

When an amendment request is referred to the town manager or when he/she accepts an application for amendment, the town manager shall cause appropriate officials to determine if it conforms with the intent of this article and upon completion of his/her report shall submit his or her report at the next regularly scheduled meeting of the planning board.

(d)

Planning board review.

(1)

The planning board shall review the request or application and the town manager's report and recommendations, and shall submit a written recommendation to the town council.

(2)

The planning board shall prepare its recommendations within thirty (30) days of the meeting at which the town manager's report is submitted to the planning board and shall forward its recommendations to the town council at the town council's next available public hearing scheduled for amendment applications or within such further time consented to in writing by the applicant or by town council resolution. If the planning board fails to complete its recommendation to the town council within this time limit, or extensions thereof, the town council may proceed in its consideration without the planning board's recommendations.

(e)

Public hearing.

(1)

After it receives the town manager's report and the planning board's recommendation or, if applicable, the expiration of the time limit prescribed in subsection 4.4.2.(d)(2), the town council shall hold a hearing on the application at the next available regularly scheduled public hearing in order to receive comments, testimony, and exhibits pertaining to the application. The town council, by resolution, shall adopt a schedule of public hearings.

(2)

Notice of the date, time, and place of the public hearing shall be published in a newspaper of general circulation in the planning jurisdiction once a week for two (2) consecutive weeks, with the first notice to be published not less than ten (10) nor more then twenty-five (25) days prior to the date of the hearing.

(f)

Town manager's report to town council.

(1)

After completion of the initial public hearing, the town manager and town attorney shall review the record of the public hearing and the town manager shall prepare and submit to the town council a report containing findings as to conformity with the intent of this appendix and a recommendation for action.

(2)

Such report shall be submitted to the town council within thirty (30) days after completion of the initial public hearing, or within such further time as may be consented to by written notice from the applicant or by town council resolution. Failure of the town manager to submit a recommendation to the town council within the prescribed time limit, or extensions thereof, shall be construed as a favorable recommendation.

(g)

Town council action.

The town council shall review the application or request for amendment, the record of the public hearing, the planning board's recommendation and the town manager's report, and shall approve or deny the application or request based on its findings as to conformity with the intent of this article.

(h)

Relationship of conditional use district zoning and special use permit.

(1)

If the town council approves an application for rezoning to a conditional use district, but denies the accompanying application for a special use permit, or if an application for a special use permit is not considered by the town council, the rezoning application shall be deemed to be conditionally approved, subject to submittal and town council approval of an application for a special use permit in accord with section 4.5 of this appendix.

(2)

Failure to submit a special use permit application within one (1) year of the conditional approval of rezoning to a conditional use district or, if submitted, the withdrawal of such application without prior town council approval, shall void the conditional approval.

(3)

If a special use permit issued for a conditional use district is abandoned, revoked, or becomes void, under the provisions of this appendix, the conditional use zoning shall be void and the property shall revert to its previous zoning classification.

(4)

No use other than a use permitted by the previously-existing zoning may be made under the conditional approval of rezoning to a conditional use district.

(5)

The owner(s) of a property subject to conditional approval of rezoning to a conditional use district may, upon notice to the town council, abandon the conditional approval of the rezoning before expiration of the one-year period.

(i)

Protest petition.

A petition protesting a proposed amendment shall be subject to the provisions of North Carolina General Statutes Sections 160A-385 and 386, as may be amended from time to time. To qualify as a protest petition, any petition shall: (Ord. No. 2004-02-23/O-2)

(1)

Be in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed amendment;

(2)

Be received by the town clerk at least two (2) normal work days prior to the date established for the public hearing on the proposed amendment; and

(3)

Be on a form prescribed and provided by the town manager and contain all the information requested on the form.

(j)

Effect of denial or withdrawal on subsequent applications.

When the town council shall have denied an application for amendment or the application shall have been withdrawn, by written notice, after publication of the first public hearing notice required in subsection 4.4.2.(e), the town manager shall not accept another application for the same or similar amendment affecting the same property or a portion thereof, until the expiration of a twelve-month period extending from the date of denial or withdrawal, as appropriate.

(k)

Amended applications.

If the applicant proposes any substantial changes to the application subsequent to acceptance of the application, an amended application shall be submitted and reviewed as an original application.

(l)

Actions subsequent to decision.

(1)

The town manager shall cause notice of the disposition of the application to be sent to the applicant and shall cause a copy of the decision to be filed in the office of the planning department.

(2)

In the case of approval, any necessary changes to the official zoning atlas shall be entered in accord with the provisions of article 3.

(Ord. No. 2006-02-13/O-4, § 1, 2)

4.5. - Special use permits.

Purpose statement: It is the intent of this article to recognize and permit certain uses and developments that require special review, and to provide standards by which applications for permits for such uses and developments shall be evaluated.

It is the intent of this appendix that all special use permits shall demonstrate a high quality of overall site and building design. The criteria and procedures established in this section ensure that the design and construction of site elements include appropriate consideration of the relationship and balance among site elements, the relationship of the development to natural features, neighboring developments, and access and circulation systems, retention of natural vegetation, minimal alteration of natural topography, mitigation of erosion and sedimentation, mitigation of stormwater drainage and flooding, arrangement and orientation of buildings and amenities in relation to each other and to neighboring developments and streets, landscaping, preservation or enhancement of vistas, and mitigation of traffic impacts.

It is further intended that special use permits be required for the following types of developments:

a)

Special uses that, because of their inherent nature, extent, and external effects, require special care in the control of their location, design, and methods of operation in order to ensure protection of the public health, safety, and welfare; and

b)

Planned developments that require special review in order to provide the regulatory flexibility and performance criteria necessary to permit a creative approach to the development of land that will (i) accomplish a more desirable environment than would be possible through the strict application of the generally applicable requirements of this chapter; (ii) provide for an efficient use of land and arrangement of land uses, buildings, circulation systems, and utilities; (iii) promote an improved level of amenities; and (iv) provide an environment of stable character compatible with surrounding areas; and

c)

All uses established in conditional use districts.

4.5.1 Applicability

(a)

Special uses may be established in accord with the procedures and general requirements set forth in subsections 4.5.2 and 4.5.3, below.

(b)

A special use permit may be requested for any development authorized by this appendix. Once a special use permit is approved for a property, that use may be established on that property only after issuance and recordation of a special use permit.

(c)

Those uses listed in the use matrix (section 3.7) as permitted special uses in a zoning district may be established in that district only after issuance and recordation of a special use permit.

(d)

Those planned developments described in section 6.18 may be established in any zoning district and only after issuance and recordation of a special use permit.

(e)

Any uses in conditional use districts, as described in section 3.4 shall be established only after issuance and recordation of a special use permit.

4.5.2 Standards and Findings of Fact

(a)

No special use permit shall be recommended by the town manager or planning board for approval and no special use permit shall be approved by the town council unless each of the following findings is made concerning the proposed special use or planned development:

(1)

That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

(2)

That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of articles 3 and 5, the applicable specific standards contained in the supplemental use regulations (article 6), and with all other applicable regulations;

(3)

That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity; and

(4)

That the use or development conforms with the general plans for the physical development of the town as embodied in this appendix and in the comprehensive plan.

(b)

In the case where a special use permit is requested for a parcel of land covered by an approved and valid master land use plan (as defined in subsection 4.8.1), and the proposed development is consistent with the master land use plan, then a rebuttable presumption shall be established that the town council can make findings (1), (3) and (4) above.

(c)

Except where more restrictive specific standards are required below, or as modified as described in subection 4.5.6, special uses shall comply with the dimensional regulations established in section 3.5 for the zoning district in which such use is located and the use group to which such use belongs, and with the design standards established in article 5 of this appendix.

(d)

In addition to the general determinations required in subsection (a) and (b), above, any supplemental use regulations established in Article 6 shall apply for the designated special use.

4.5.3 Procedures for Approval of Special Use Permits

(a)

Application submittal requirements.

(1)

Applications for special use permits shall be filed with the town manager.

(2)

The town manager shall prescribe the form(s) on which applications are made. Applications shall include the name and address of the applicant, the name and address of the owner of each zoning lot involved, and the relationship of the applicant and property owner in connection with the application. If the applicant or property owner is an entity other than an individual, the application shall also include detailed information regarding the principals of the entity. The town manager shall prescribe any other material that may reasonably be required to determine compliance with this appendix, with sufficient copies for necessary referrals and records.

(3)

Special use permit and special use permit modification applications shall identify all proposed utilities providing service to the proposed development, whether on- and off-site, increases in utility capacity or modification of utility service facilities that are requested, the type of utility, and whether service lines are provided above the ground surface or underground.

(4)

No application shall be accepted by the town manager unless it complies with such requirements. Applications that are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.

(b)

Town manager's analysis.

When he/she accepts an application, the town manager shall cause representatives of the town, and such other agencies or officials as may be appropriate, to determine if it conforms to the comprehensive plan, the provisions of this chapter, and other regulations applicable in the case. In the case of planned developments, such representatives, agencies or officials shall define specifically the modifications of regulations which seem justified in view of the standards set out in section 6.18.

(c)

Preliminary conferences with applicant.

(1)

The town manager shall notify the applicant, in writing, of the proposal's deficiencies. The town manager shall also notify the applicant of his/her willingness to discuss alternatives to correct those deficiencies.

(2)

If the applicant joins in such discussions, the application may be modified, further discussions may be held, or additional information may be requested by the town manager.

(d)

Town manager's report to planning board.

(1)

The town manager shall submit to the planning board a written analysis of the application and his/her recommendation based on the findings required in section 4.5.2.

(2)

If the applicant does not join in preliminary conferences with the town manager, the town manager shall complete his/her report within twenty-five (25) working days after he/she accepts the application or within such further time consented to in writing by the applicant or established by town council resolution. If the town manager fails to prepare his/her report to the planning board within this time limit, or extensions thereof, the application shall be deemed to be recommended without conditions.

(3)

If the applicant participates in preliminary conferences with the town manager, the town manager shall prepare his/her report to the planning board when further conferences appear unnecessary. No time limits shall apply to the town manager's review when the applicant joins in preliminary conferences. However, the applicant may require the town manager to submit the application and his/her report to the planning board whenever the applicant wishes to end discussions.

(4)

The town manager shall forward his/her report to the planning board at its next available regularly scheduled meeting.

(e)

Planning board review.

(1)

The planning board shall review the application and the town manager's report and shall submit to the town council a written recommendation based on the findings required in subsection 4.5.2.

(2)

The planning board shall prepare its recommendations within thirty-five (35) days of the meeting at which the town manager's report is submitted to it or within such further time consented to in writing by the applicant or by town council resolution. If the planning board fails to prepare its recommendation to the town council within this time limit, or extensions thereof, the planning board shall be deemed to recommend approval of the application without conditions.

(3)

The town manager shall then forward his/her report and the planning board's recommendation to the town council at the next available public hearing scheduled for special use permit applications.

(f)

Public hearing.

(1)

After receiving the town manager's report and the planning board's recommendation or, if applicable, the expiration of the time limit prescribed in subsection 4.5.3.(e)(2), the town council shall hold a hearing on the application at the next available regularly scheduled public hearing. The town council shall adopt a schedule of public hearings by resolution. Once the schedule is adopted, any amendment which reduces the number of hearings shall not become effective for at least six (6) months after adoption of the amendment.

(2)

Notice of the date, time, and place of the public hearing shall be published in a newspaper of general circulation in the planning jurisdiction once a week for two (2) successive weeks, with the first notice to be published not less than ten (10) nor more than twenty-five (25) days prior to the date of the hearing.

(3)

The public hearing shall be open to the public and all interested persons shall be given the opportunity to present evidence and arguments and to ask questions of persons who testify. The town council may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross-examination of witnesses to avoid undue delay. All persons who intend to present evidence at the public hearing shall be sworn.

(4)

The applicant shall bear the burden of presenting evidence sufficient to establish that the proposed development will comply with the determinations required in subsection 4.5.2.

(5)

A record of the proceedings of the hearing shall be made and shall include all documentary evidence presented at the hearing.

(g)

Town manager's report to town council.

(1)

After completion of the initial public hearing, the town manager and town attorney shall review the record of the public hearing and the town manager shall submit to the town council an analysis and his/her recommendation for action.

(2)

The town manager shall submit his/her report to the town council within thirty (30) days after completion of the public hearing, or within such further time consented to by written notice from the applicant or by town council resolution.

(3)

If the town manager fails to submit a recommendation to the town council within this time limit, or extensions thereof, his/her recommendation shall be the same as his/her preliminary recommendation.

(h)

Town council action.

(1)

The town council shall review the record of the public hearing, the planning board's recommendation, and the town manager's report and shall act on the application based on the findings required in subection 4.5.2. All findings shall be based on competent material and substantial evidence presented at the public hearing.

(2)

Action on the application shall be one of the following: (a) Approval; (b) Approval subject to conditions; or (c) Denial.

(i)

Effect of denial or withdrawal on subsequent applications.

When the town council has denied an application or the applicant has withdrawn his/her application by written notice after publication of the first public hearing notice required in subsection 4.5.3.(f), the town manager shall not accept another application for approval of the same or similar special use or planned development, affecting the same property or a portion thereof, until twelve (12) months have elapsed from the date of denial or withdrawal, as appropriate.

(j)

Amended applications.

The applicant shall submit an amended application for review as an original application if he/she proposes, in the town manager's opinion, to substantially amend or modify his/her application after the town manager's review; but no modification(s) agreed to by the applicant as a result of requests or suggestions by the town manager, the planning board, or the town council shall require an amended or original application.

(k)

Notice of decision and issuance of special use permit.

(1)

The town manager shall notify the applicant of the town council's decision in writing and shall file a copy of it with the town's planning department.

(2)

If the application is approved or approved with conditions, the town manager shall issue the necessary special use permit in accord with the action of the town council. The applicant shall record such permit in the office of the appropriate county register of deeds.

(3)

The special use permit, including all conditions attached thereto, shall run with the land and shall be binding on the original applicant as well as all successors, assigns, and heirs.

(l)

Appeal of decision.

The town council's decision on an application for a special use permit may be appealed to superior court within thirty (30) days of the decision.

(m)

Final plan approval.

(1)

The town manager shall not issue a zoning compliance permit for development approved in a special use permit unless and until such special use permit has been recorded and the town manager has approved final plans for the development as a whole, or for any phase thereof. The town manager shall prescribe the form and content of such final plans.

(2)

Approval of final plans shall be based on compliance with all applicable regulations and requirements, including all conditions attached to the special use permit.

(n)

Issuance of development permits.

After final plan approval, the town manager may issue zoning compliance permits, engineering construction permits, building permits, sign permits, and certificates of occupancy for development approved in a special use permit, or an approved phase thereof, in the manner prescribed in section 4.9, subject to compliance with the approved final plans and following additional requirements:

(1)

Prior to issuance of a building permit for any new structures, additions, and exterior renovations or alterations, detailed architectural elevations of such structures, additions, and renovations or alterations and a site lighting plan shall be submitted to and approved by the community design commission; and

(2)

Prior to issuance of any zoning compliance permit for development approved in a special use permit, a detailed landscape plan for such development, or an approved phase thereof, shall be submitted to and approved by the town manager.

4.5.4 Modifications of Special Use Permits

(a)

The town manager is authorized to approve minor changes in the approved final plans as long as such changes continue to comply with the approving action of the town council and all other applicable requirements, but shall not have the authority to approve changes that constitute a modification of the special use permit.

(b)

Any change requiring evidentiary support in addition to that presented at a public hearing on applications for the original special use permit or subsequent modifications of special use permit shall constitute a modification of the special use permit. Before making a determination as to whether a proposed action is a minor change or a modification, the town manager shall review the record of the proceedings on the original application for the special use permit and subsequent applications for modifications of the special use permit. The following shall constitute a modification of the special use permit:

(1)

A change in the boundaries of the site approved by the town council.

(2)

A change from the use approved by the town council.

(3)

An increase of five (5) per cent or more in the floor area approved by the town council, unless proposed addition is two thousand, five hundred (2,500) square feet of floor area or less, whether such addition is proposed at one (1) time or over an extended period of time.

(4)

An increase of five (5) per cent or more in the number of parking spaces approved by the town council, whether such addition is proposed at one (1) time or over an extended period of time.

(5)

Substantial changes in the location of principal and/or accessory structures approved by the town council.

(6)

Structural alterations significantly affecting the basic size, form, style, ornamentation, and appearance of principal and/or accessory structures as shown on the plans approved by the town council.

(7)

Substantial changes in pedestrian and bicycle or vehicular access or circulation approved by the town council. Examples of substantial changes include, but are not limited to:

A.

A change in trip distribution occurs that involves more than five (5) per cent of all projected trips; or

B.

The change results in a reduction in the level of service (LOS) of a street link or intersection within one-quarter (¼) of a mile from the boundaries of the proposed development.

(8)

Substantial change in the amount or location of landscape screens approved by the town council shall constitute a modification.

(c)

If the proposed action is determined to be a modification, the town manager shall require the filing of an application for approval of the modification.

(d)

The town manager shall prescribe the form(s) of applications as well as any other material he/she may reasonably require to determine compliance with this article.

(e)

An application for modification of a special use permit shall be reviewed in accord with the procedures established in subsection 4.5.3.

(f)

No modification shall be allowed to a special use permit issued in a conditional use zoning district unless the applicant accepts all of the requirements and conditions the town council proposes to impose on the modification. Acceptance of conditions by the applicant may be indicated at the town council hearing on the special use permit modification or by affidavit submitted prior to the town council taking action on the modification application.

4.5.5 Expiration and Revocation of Special Use Permit Approvals

(a)

Special use permit binding on land.

(1)

A special use permit or modification of special use permit shall run with the land covered by the permit or modification. Once construction authorized by a special use permit or modification of special use permit is started, no development other than that authorized by the permit or modification shall be approved on that land unless the permit or modification is first modified in accord with subsection 4.5.4, or voided or revoked in accord with the provisions of this section.

(2)

No special use permit authorizing development of property within a conditional use district may be abandoned or revoked unless the property is first rezoned to a general use zoning district.

(b)

Starting time limit.

If the use, construction, or activity authorized by town council approval of an application for a special use permit or modification of special use permit is not started within twenty-four (24) months of the date of approval or within such further time stipulated in the approval, the approval shall expire and any town permit issued pursuant to the approval shall be void. The town manager shall determine whether the use, construction, or activity has started. The town manager may grant a single extension of the starting time limit for up to twelve (12) months, unless he/she determines that paramount considerations of health, the general welfare, or public safety require town council re-approval. in such instances the town manager shall require the application to be reviewed in accordance with the procedures set forth in subsection 4.5.3.

(c)

Completion time limit.

(1)

If all construction and actions authorized or required by a special use permit or modification of special use permit are not completed by the completion date stipulated in the permit or modification, the permit holder may request an extension of the completion time limit from the town manager. The town manager may grant a single extension of the time limit for up to twelve (12) months if he/she determines that:

A.

The permit holder submitted the request within sixty (60) days of the completion date;

B.

The permit holder has proceeded with due diligence and good faith; and

C.

Conditions have not changed so substantially as to warrant town council reconsideration of the approved development.

(2)

If all of the construction and actions authorized or required by a special use permit or modification of special use permit are still not completed by the extended completion date granted by the town manager, the permit holder may, within sixty (60) days of the revised completion date, request additional extensions of the completion time limit from the town council. The town council may grant extensions of the time limit if it makes the determinations required by (c)(1)(A) through (c)(1)(C), above.

(d)

Abandonment of special use permit.

(1)

On request by the holder of a special use permit or modification of special use permit, the town council shall approve the abandonment of the permit or modification if it determines that:

A.

No construction or activity authorized by the permit has been started and the starting time limit has not yet expired; or

B.

The development or use authorized by the permit or modification no longer requires a special use permit, and all conditions of the special use permit have been satisfied.

(2)

The permit holder shall submit a signed affidavit clearly stating the holder's intent to abandon the permit or modification.

(3)

Any abandonment approved by the town council shall not become effective until the affidavit of abandonment is recorded in the office of the appropriate county register of deeds.

(e)

Cessation of use.

If the use(s) authorized by a special use permit or modification of special use permit ceases for a continuous period of twelve (12) months, the permit or modification shall automatically become void.

(f)

Revocation of special use permit.

If any conditions of a special use permit or modification of special use permit, including completion time limits, or requirements of this appendix applicable to the permit or modification are violated, the town council may revoke or refuse to extend the permit or modification. The town council may reinstate a revoked special use permit or modification of special use permit if it determines that: a) the holder of the revoked permit or modification submitted a request for reinstatement to the town manager within ninety (90) days of the revocation; b) the violations that were the cause of the revocation have been corrected; and c) the development fully complies with all conditions of the permit or modification and all applicable requirements of this appendix. On request by the holder of a special use permit or modification of special use permit, the town council may revoke the permit or modification if it determines that:

(1)

Construction authorized by the permit or modification has been started and the completion time limit has not yet expired; and

(2)

The request is made in conjunction with an application for approval of a development other than that authorized by the permit or modification; and

(3)

The proposed development as approved by town council incorporates adequate consideration of the site's already disturbed land area in its design and previous commitments made under the special use process.

4.5.6 Permitted Modifications of Regulations

Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable special use regulations, general regulations, or other regulations in this appendix, but the town council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the town council may make specific modification of the regulations in the particular case. Any modification of regulations shall be explicitly indicated in the special use permit, or modification of special use permit.

4.5.7 Performance Standards During Construction

The special use permit approval shall include conditions for work during construction consistent with section 5.15 of this appendix.

4.5.8 Reservation of School Sites

Whenever a special use permit or special use permit modification application is submitted for approval which includes part or all of a school site designated to be reserved in the comprehensive plan, the town manager shall immediately notify the Chapel Hill/Carrboro Board of Education, and the board shall promptly decide whether it wishes the site to be reserved. If the board does not wish to reserve the site, it shall so notify the town manager and no site shall be reserved. If the board does wish to reserve the site, the special use permit or special use permit modification shall not be approved without such reservation. A note indicating such reservation shall be recorded on a final plat. The board shall then have eighteen (18) months beginning on the date of final approval of the special use permit or special use permit modification within which to acquire the site by purchase or by initiating condemnation proceedings. If the board has not purchased or begun proceedings to condemn the site within eighteen (18) months, the owner may treat the land as freed of the reservation.

(Ord. No. 2003-09-22/O-4, § 1; Ord. No. 2005-02-14/O-4, § 1)

4.6. - Subdivision.

Purpose statement: It is the intent of this section to provide an orderly process for the division of land into lots or parcels for the purpose of sale to and/or building development by property owners. It is also this section's intent to ensure that subdivided lots or parcels can be used safely to build on without danger to the health, safety, and general welfare of both their prospective (or "future") owners and of the Chapel Hill community, and that subdivisions are provided with and provide for adequate and efficient access and transportation, water, sewerage and other utilities, schools, parks, playgrounds, recreation, and other public requirements and facilities.

4.6.1 Applicability and Definition of "Subdivision"

The provisions of this section apply to any "subdivision" as defined herein. A subdivision is any division of a tract or zoning lot into two (2) or more zoning lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future). It includes any division of land involving the dedication of a new street or a change in existing streets. The following divisions of land are not included in this definition and are not subject to this article:

(a)

The combination or recombination of portions of previously subdivided and recorded lots, where the total number of lots is not increased and the resultant lots are equal to or exceed the standards set forth in this section, and the minimum gross land area, minimum lot width and minimum street frontage width standards of section 3.8; or

(b)

The division of land into parcels greater than ten (10) acres in area, where no widening or opening of streets is involved; or

(c)

The public acquisition of strips of land for purpose of widening or opening streets; or

(d)

The division of a tract in single ownership whose entire net land area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards set forth in this appendix, and the minimum gross land area, minimum lot width and minimum street frontage width standards of section 3.5

In (a) above, the phrase, "previously subdivided and recorded" means under a recorded plat or other instrument of transfer containing a metes and bounds description if lots were created prior to the existence of applicable subdivision regulations, or under a validly approved and recorded plat if such lots were created after the existence of applicable subdivision regulations.

In (b) and (d) above, the phrases "where no street right-of-way dedication is involved" and "where no widening or opening of streets is involved" mean that adequate access to such lots is provided by an approved existing street (public or private) that meets the standards of the design manual without the need for additions or improvements to existing street rights-of-way or easements.

The word "subdivide" in relation to land refers to a subdivision subject to this section.

4.6.2 Applicability

(a)

No land shall be subdivided, platted, or recorded, nor shall subdivided lots or parcels be sold, offered for sale, used, or occupied unless and until a final plat of the subdivision has been approved under this article and has been recorded by the appropriate county register of deeds. The subdivision of land by use of metes and bounds descriptions in instruments of transfer is prohibited.

(b)

No lot or parcel resulting from a division of land excluded from the definition of subdivision in subsection 4.6.1 shall be sold, offered for sale, used, or occupied until the town manager certifies that such division of land falls within one of the exclusions listed in sbusection 4.6.1.

(c)

No plat of any division of land within Chapel Hill's planning jurisdiction shall be filed or recorded by the county register of deeds unless it contains the town manager's certification that the division of land has been approved under this article or is not subject to this article.

(d)

Except where specifically exempted by this article, no zoning compliance permit shall be issued to develop any subdivided lot or parcel until a final plat of such subdivision has been approved and recorded under this article.

4.6.3 Classification of Subdivision

Minor and major subdivisions are subject to different approval procedures.

(a)

Minor subdivision—Administrative review.

(1)

The minor subdivision—administrative review approval process is a one-step procedure involving town manager approval of a final plat. A "minor subdivision—administrative review" includes any subdivision pursuant to an approved zoning compliance permit for a two-family or multifamily townhouse development, an approved special use permit for a planned development, or an approved commercial subdivision.

(b)

Minor subdivision—Planning board review.

The minor subdivision—planning board review approval process is a one-step procedure involving planning board approval of a final plat. A minor subdivision eligible for planning board review is a subdivision not included in subsection 4.6.3(a) that does not:

(1)

Create more than four (4) lots from any one tract of land, whether such lots are created at one time or over an extended period of time; and

(2)

Dedicate or improve any new street other than widening approved existing streets; and

(3)

Extend a public water or sanitary sewerage system other than laterals to individual lots; and

(4)

Install drainage improvements which would require easements through one or more lots to serve other lots.

(c)

Major subdivision.

A "major subdivision" is any subdivision other than a minor subdivision. The major subdivision approval process is a two-step procedure involving town council approval of a preliminary plat and town manager approval of a final plat.

(Ord. No. 2004-02-23/O-2)

4.6.4.1. Procedures for Approval of Minor Subdivisions—Administrative Review.

(a)

Application submittal requirements.

Applications for minor subdivision - administrative review approval shall be filed with the town manager.

The town manager shall prescribe the form(s) of applications as well as any other material it may reasonably require to determine compliance with this article. Minor subdivision plats shall comply with the mapping requirements of section 4.6.10. The town manager shall not accept an application unless it complies with such requirements. An incomplete application shall be returned to the applicant, with a notation of its deficiencies.

(b)

Action on application.

(1)

When he/she accepts an application, the town manager shall evaluate the plat for compliance with all applicable regulations, including any applicable conditions of an approved zoning compliance permit or special use permit. He/she shall take action on an application based solely on his/her findings as to compliance with applicable regulations and conditions. He/she shall:

A.

Approve, or

B.

Approve subject to conditions, or

C.

Deny, or

D.

Refer to the major subdivision approval process, if it finds it to be a major subdivision proposal or if requested by the applicant, or

E.

Refer to the minor subdivision—Planning board review approval process, if it finds it to be a minor subdivision—Planning board review proposal.

(2)

If the town manager refers the request to a major subdivision review, an amended application shall be submitted, as required in subsection 4.6.5, below.

(3)

If the town manager refers the request to a minor subdivision—Planning board review, an amended application shall be submitted, as required in subsection 4.6.4.2 below.

(4)

The town manager may impose reasonable conditions on approval to ensure the subdivision complies with the intent and requirements of this article.

(5)

The town manager shall take action within thirty (30) days of the acceptance of an application, or within such further time consented to by written notice from the applicant or by town council resolution. Failure of the town manager to reach a decision within the prescribed time limit, or extensions thereof, shall result in the approval of the application as submitted.

(c)

Amended applications. The applicant shall submit an amended application for review as an original application if the applicant proposes to substantially amend or modify his/her application after its acceptance.

(d)

Actions subsequent to decision.

(1)

The town manager shall notify the applicant of the decision in writing and shall file a copy of the decision in the office of the planning department.

(2)

The town manager shall endorse approval on a reproducible mylar original of the final plat if he/she has approved an application or approves it with conditions. The applicant shall record such plat in the office of the appropriate county register of deeds. Approval of any minor subdivision plat is void if it is not properly recorded within thirty (30) days after the town manager's endorsement of approval. The town manager may extend this deadline provided the applicant has demonstrated a good faith effort to comply with the deadline, but for reasons beyond his/her control, fails to meet the requirements of the Register of Deeds for recordation within that period

(3)

The applicant shall submit a duplicate mylar copy of the approved final plat and a paper print of the recorded final plat to the town's planning department within five (5) working days after the final plat is recorded.

(e)

Appeal of decision. The town manager's decision on a minor subdivision application may be appealed to the board of adjustment under section 4.10

(Ord. No. 2004-02-23/O-2)

4.6.4.2 Procedures for approval of minor subdivisions—Planning board review.

(a)

Application submittal requirements.

Applications for minor subdivision planning board review approval shall be filed with the town manager.

The town manager shall prescribe the form(s) of applications as well as any other material it may reasonably require to determine compliance with this article. Minor subdivision plats shall comply with the mapping requirements of subsection 4.6.10. The town manager shall not accept an application unless it complies with such requirements. An incomplete application shall be returned to the applicant, with a notation of its deficiencies.

(b)

Action on application.

(1)

When he/she accepts an application, the town manager shall evaluate the plat for compliance with all applicable regulations, including any applicable conditions of an approved zoning compliance permit or special use permit. The town manager shall forward his/her report to the planning board with a recommendation.

If the subdivision proposal property is located in an historic district, the town manager shall submit to the historic district commission a written analysis of the application and his/her recommendation, prior to the planning board meeting. The town manager shall forward his/her report to the historic district commission at its next available regularly scheduled meeting. The historic district commission shall review the application and the town manager's report and shall submit a written recommendation to the planning board. The historic district commission shall prepare its recommendations within thirty-five (35) days of the meeting at which the town manager's report is submitted to it or within such further time consented to by the applicant or by town council resolution. If the historic district commission fails to prepare its recommendation to the planning board within this time limit, or extensions thereof, the historic district commission shall be deemed to recommend approval of the application without conditions.

The planning board shall take action on an application based solely on its findings as to compliance with applicable regulations and conditions. The planning board shall: (Ord. No. 2004-02-23/O-2)

A.

Approve, or

B.

Approve subject to conditions, or

C.

Deny, or

D.

Refer to the major subdivision approval process, if it finds it to be a major subdivision proposal or if requested by the applicant.

(2)

If the planning board refers the request to a major subdivision review, an amended application shall be submitted, as required in subsection 4.6.5, below.

(3)

The planning board may impose reasonable conditions on approval to ensure the subdivision complies with the intent and requirements of this article.

(4)

The planning board shall take action within thirty-five (35) days of the meeting at which the town manager's report is submitted to it, or within such further time consented to by written notice from the applicant or by town council resolution. If the planning board fails to render a decision within this time limit, or extensions thereof, the application is approved as submitted.

(c)

Amended applications.

The applicant shall submit an amended application for review as an original application if the applicant proposes to substantially amend or modify his/her application after its acceptance.

(d)

Actions subsequent to decision.

(1)

The town manager shall notify the applicant of the planning board's decision in writing and shall file a copy of the decision in the office of the planning department.

(2)

The town manager shall endorse approval on a reproducible mylar original of the final plat if the planning board has approved an application or approves it with conditions. The applicant shall record such plat in the office of the appropriate county register of deeds. Approval of any minor subdivision plat is void if it is not properly recorded within thirty (30) days after the town manager's endorsement of approval. The town manager may extend this deadline provided the applicant has demonstrated a good faith effort to comply with the deadline, but for reasons beyond his/her control, fails to meet the requirements of the register of deeds for recordation within that period.

(3)

The applicant shall submit a duplicate mylar copy of the approved final plat and a paper print of the recorded final plat to the town's planning department within five (5) working days after the final plat is recorded.

(e)

Appeal of decision.

The planning board's decision on a minor subdivision application may be appealed to the board of adjustment under section 4.10.

4.6.5 Procedures for Approval of Major Subdivisions

(a)

Preliminary plat approval.

(1)

Application submittal requirements.

A.

Applications for major subdivision preliminary plat approval shall be filed with the town manager.

B.

The town manager shall prescribe the form(s) of applications, as well as any other material he/she may reasonably require to determine compliance with this article.

C.

The town manager shall not accept an application unless it complies with such requirements. An incomplete application shall be returned to the applicant, with a notation of its deficiencies.

(2)

Town manager's analysis.

When he/she accepts an application, the town manager shall cause representatives of the town and such other agencies or officials as may be appropriate to determine if it conforms to the provisions of this appendix and the following other regulations:

A.

The minimum gross land area, minimum lot width, and minimum street frontage width requirements of section 3.8; and

B.

The access and circulation requirements of section 5.8 and the design manual.

(3)

Preliminary conference with applicant.

A.

The town manager shall notify the applicant, in writing, of the proposed subdivision's deficiencies. The town manager shall also notify the applicant of his/her willingness to discuss alternatives to correct those deficiencies.

B.

If the applicant joins in such discussions, the application may be modified, further discussions may be held, or additional information may be requested by the town manager.

(4)

Town manager's report to planning board.

A.

The town manager shall submit to the planning board a written analysis of the application and his/her recommendation.

B.

If the applicant does not join in preliminary conferences with the town manager, the report shall be prepared within twenty-five (25) working days after the application is accepted, or within such further time consented to by the applicant or by town council resolution. If the town manager fails to prepare a report to the planning board within this time limit, or extensions thereof, the application is recommended without conditions.

C.

If the applicant participates in preliminary conferences with the town manager, the manager will prepare his/her report to the planning board when further conferences appear unnecessary. No time limits shall apply to the town manager's review when the applicant joins in preliminary conferences. However, the applicant may require the town manager to submit the application and his/her report to the planning board whenever the applicant wishes to end discussions with him/her.

D.

The town manager shall forward his/her report to the planning board at its next available regularly scheduled meeting.

(5)

Planning board review.

A.

The planning board shall review the application and the town manager's report and shall submit a written recommendation to the town council.

B.

The planning board shall prepare its recommendations within thirty-five (35) days of the meeting at which the town manager's report is submitted to it or within such further time consented to by the applicant or by town council resolution. If the planning board fails to prepare its recommendation to the town council within this time limit, or extensions thereof, the planning board shall be deemed to recommend approval of the application without conditions.

C.

If the planning board recommends approval of the application with conditions, the applicant may amend his/her application to conform to all or some of the conditions, provided the town manager reviews the amended application for compliance with applicable regulations and certifies that the amendments conform to the conditions of the planning board recommendation. In such cases, the town manager may amend his/her report to conform to any or all of the planning board's recommendations. The town manager shall then forward his/her report and the planning board's recommendation to the town council at the town council's next available regularly scheduled public hearing.

(6)

Town council review.

A.

After receiving the town manager's report and the planning board's recommendation or, if applicable, the expiration of the time limit prescribed in subsection 4.6.5(a)(5), the town council shall consider the application at its next regularly scheduled public hearing.

B.

All interested persons shall be given the opportunity to speak and to ask questions. The town council may place reasonable and fair limitations on comments, arguments, and questions to avoid undue delay.

C.

The applicant shall bear the burden of establishing that he/she is entitled to approval of his/her application.

(7)

Town council action.

The town council shall act on the application after reviewing the application, the town manager's report, the planning board recommendation, and public comment thereon. It shall base its action on its findings as to conformity with all applicable regulations listed in this appendix. The town council shall:

A.

Approve the application, or

B.

Approve subject to reasonable conditions necessary to ensure compliance with applicable regulations, or

C.

Deny the application.

(8)

Amended applications.

Except as permitted in subsection (e) of this section, the applicant shall submit an amended application for review as an original application if he/she proposes to substantially amend or modify his/her application after the town manager's review.

(9)

Actions after decision.

A.

The town manager shall notify the applicant of the town council's decision in writing and shall file a copy with the town's planning department.

B.

If the application is approved or approved with conditions, the applicant shall subsequently submit final plans to the town manager for approval, in a form and content prescribed by the town manager. Approval of such plans shall be based on compliance with all applicable regulations and requirements, including all conditions attached to the preliminary plat approval. After final plan approval, the town manager may issue a zoning compliance permit.

C.

Except for the above improvements, no zoning compliance permit shall be issued to develop any lot or parcel shown on the approved preliminary plat until a final plat showing such lot or parcel is approved and recorded under this article.

(10)

Expiration of preliminary plat approval.

A.

Preliminary plat approval for a major subdivision shall be effective for one (1) year from the date of approval. After that time the applicant must submit a new application. The town manager may re-approve the application unless he/she determines that paramount considerations of health, the general welfare, or public safety require town council re-approval. In such instances the town manager shall require the application to be reviewed in accordance with the procedures set forth in subsections (1) through (7) of this section.

B.

No application for final plat approval shall be accepted or approved for any portion of a subdivision for which preliminary plat approval has expired. If final plat approval for any lot shown on an approved preliminary plat has not been obtained before the preliminary plat approval expires, a new application for approval of a preliminary plat showing the lot must be approved under then-applicable regulations before an application for final plat approval of such lot can be accepted.

(11)

Appeal of decision.

The town council's decision on an application for major subdivision preliminary plat approval may be appealed to Superior Court within thirty (30) days of town council action.

(b)

Final plat approval.

(1)

Application submittal requirements.

A.

Applications for final plat approval shall be filed with the town manager. The town manager shall prescribe the form(s) of applications, as well as any other material he/she may reasonably require to determine compliance with this article.

B.

The applicant shall submit an approved, unexpired preliminary plat with the application for a final plat approval.

C.

As part of an application for final plat approval, the applicant shall:

1.

Certify that all improvements (streets, alleys, bikeways, pedestrian and bicycle ways, utilities, storm drainage facilities, street signs, and recreation areas and facilities for common use) approved as part of the preliminary plat approval and serving the lots shown on the final plat have been completed and the town manager has certified completion thereof; or

2.

That performance guarantees ensuring the satisfactory completion of any uncompleted improvements have been posted; or

3.

Certify that the subdivision shown on the final plat is subject to United States Department of Housing and Urban Development regulations that ensure satisfactory completion of any uncompleted improvements.

D.

If a neighborhood or homeowners' association, or similar legal entity, will maintain and control any improvements, the application for final plat approval shall also contain proposed articles of incorporation and by-laws of the association or similar legal entity. Articles of incorporation shall be submitted in the form in which they will be filed with the North Carolina Secretary of State.

(2)

Town manager action.

A.

When he/she accepts an application, the town manager shall determine if the final plat and application conform to all applicable regulations and to the approved and valid preliminary plat, including all conditions of such approval.

B.

The town manager shall base his/her action on an application solely on findings as to compliance with applicable regulations and the preliminary plat approval. The town manager shall:

1.

Approve the application, or

2.

Approve the application subject to reasonable conditions necessary to ensure compliance with applicable regulations and conditions, or

3.

Deny the application.

C.

Such action shall be taken within twenty-five (25) working days of the acceptance of an application, or within such further time consented to by written notice from the applicant or by town council resolution. If the town manager fails to render a decision within this time limit, or extensions thereof, the application is approved as submitted.

(3)

Amended applications.

The applicant shall submit any amended application for review as an original application if he/she proposes to substantially amend or modify his/her application after its acceptance.

(4)

Actions subsequent to decision.

A.

The town manager shall notify the applicant of his/her decision in writing and shall file a copy of it with the town's planning department.

B.

If the application is approved or approved with conditions, the town manager shall endorse his/her approval on a reproducible mylar original of the final plat. The applicant shall record the final plat in the office of the appropriate county register of deeds. Approval of any final plat is void if it is not properly recorded within thirty (30) calendar days after the town manager's endorsement of approval. The town manager may extend this deadline provided the applicant has demonstrated a good faith effort to comply with the deadline, but for reasons beyond his/her control, fails to meet the requirements of the register of deeds for recordation within that period. Such plat shall conform to the drawing specifications, certification and endorsement requirements of subsections 4.6.10 and 4.6.11.

C.

The applicant shall submit a duplicate mylar copy of the approved plat and a paper print of the recorded final plat filed with the register of deeds to the town's planning department within five (5) working days after the plat is recorded.

D.

Upon recordation of a final plat, the applicant or applicant's successors in interest of the subdivided land shall be responsible for maintaining in a safe and usable condition all approved improvements until they are accepted for maintenance and control by an appropriate public body or an incorporated neighborhood or homeowners' association or similar legal entity.

(5)

Appeal of decision.

The town manager's decision on a final plat approval application may be appealed to the board of adjustment under section 4.10 of this chapter.

4.6.6 Performance Standards During Construction.

The preliminary plat approval shall include conditions for work during construction consistent with section 5.15 of this chapter.

4.6.7 Neighborhood or Homeowners' Associations.

Where neighborhood or homeowners' associations, or similar legal entities, will maintain and control any improvements (streets, alleys, bikeways, pedestrian and bicycle ways, utilities, storm drainage facilities, street signs, and recreation areas and facilities for common use) approved as part of subdivision approval, they shall be established so that:

(a)

Binding arrangements to establish the association or similar legal entity are made before any lot in the subdivision is sold or any building occupied;

(b)

The association or similar legal entity has clear legal authority to maintain and exercise control over the improvements;

(c)

The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and control of the improvements; and

(d)

Subdivisions shall not include covenants or other conditions of sale that restrict or prohibit the use, installation or maintenance of solar collection devices.

4.6.8 Standards of Practice for Land Surveying.

All horizontal and vertical survey controls established within the Chapel Hill Planning Jurisdiction and all surveys submitted to the Town of Chapel Hill for review and approval shall conform/comply with the latest revision of North Carolina General Statute 89C and the Standards of Practice for Land Surveying in North Carolina as established by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors. Additionally, all plats submitted for review and approval shall conform the latest revision of North Carolina General Statute 47-30.

4.6.9 Reserved.

4.6.10 Specifications for Drawings.

(a)

Applicability.

The requirements of this section apply to the format of drawings.

(b)

Preliminary plat.

The preliminary sketch shall be drawn to a scale of not less than one hundred (100) feet to the inch nor more than twenty (20) feet to the inch. It shall show the following:

(1)

Title data. Name of subdivision, the names and addresses of the owner or owners, name of designer of the plat, scale, date, approximate north point, and in large letters the words, "PRELIMINARY PLAT."

(2)

Existing data. Property lines, street lines and names, principal buildings, water mains, sanitary sewers, storm drains, water courses and bridges, parks, playgrounds, public open space, recreation areas, public easements, railroads and spurs, names of adjacent subdivisions, owners of adjacent unsubdivided tracts, town limit lines, and planning district lines, both on the land to be subdivided and within five hundred (500) feet thereof; and an inset sketch map showing the subdivision's location in relation to the town and to principal highways and streets in the Chapel Hill area.

(3)

Data relating to subdivision. Names, locations and other dimensions of proposed streets, alleys, cross walkways, lots, easements, building lines, parks, playgrounds, and other recreational areas, including notations regarding to whom such areas are dedicated, and a copy of any proposed deed restrictions or restrictive covenants. Contours at intervals five (5) feet or less, referred to sea level datum will be provided, except that in the case of a small subdivision on relatively level land, the town manager may waive this provision. Profiles of proposed streets, showing natural and finished grades, drawn to a horizontal scale of not less than one hundred (100) feet to the inch and a vertical scale of not less than ten (10) feet to the inch may be required by the town manager. A statement describing the water supply and sewage disposal facilities proposed to be installed in the subdivision shall be submitted. If installation of septic tanks is proposed, an analysis of the county health department tests required shall accompany the subdivision sketch. The size and location of all proposed water mains shall be shown on the sketch if water will be furnished by Orange Water and Sewer Authority (OWASA).

(4)

Drainage plan data. Size of off-site drainage areas in acres; existing gullies or waterways proposed to be used, indicating adequacy to handle the design flows; all proposed drainage easements; location size, and slopes of all pipes; location, size, and proposed design of all new ditches; and erosion control measures where needed.

(5)

Floodway data. The boundaries of both the floodway and the floodway fringe zone, as shown on maps entitled Flood Boundary and Floodway Map, U.S. Dept. of Housing and Urban Development dated February 9, 1980, and as subsequently revised, and the boundary of the resource conservation district shall be shown clearly.

(c)

Final plat.

The final plat shall be drawn in black ink upon mylar or tracing cloth to a scale of not less than one hundred (100) feet to the inch nor more than twenty (20) feet to the inch. It shall show the following:

(1)

Title and documentation data. Name of subdivision, the town, the name of the licensed engineer or surveyor under whose supervision the plat was prepared; the date of the plat; the scale and north point, and all endorsements and certifications provided for in subsection 4.6.11.

(2)

Data relating to subdivision. Lines and names of all streets; lines of all alleys, cross-walkways, lots, easements, recreational areas, and other areas to be devoted to common use, with notes stating clearly their proposed use, any limitations and the person(s) or entity responsible for continued maintenance, town boundaries; building lines, block and lot numbers; metes and bounds survey information sufficient to determine readily on the ground the location of every street, alley, and cross-walkway, lot line, boundary line, block line, easement line, and building line; the radius central angle, and tangent distance for both street lines of curved streets, the locations and types of all permanent monuments; the names of subdivisions and streets adjoining the platted subdivision; and designation of all streets within the subdivision as either "public" or "private."

(3)

Easements. Any required easements shall be shown clearly and shall be accompanied by a metes and bounds description.

(4)

Floodway data. The boundaries of both the floodway and the floodway fringe zone, as shown on the maps entitled Flood Boundary and Floodway Map, U.S. Dept. of Housing and Urban Development, dated February 9, 1980, and as subsequently revised, and the boundary of the resource conservation district shall be shown clearly.

(5)

All streets intended for future extension either within or beyond the boundaries of the subdivision shall clearly be indicated on the plat, by the words "subject to future extension".

(d)

Detailed engineering construction permits—final plat.

All final engineering construction permits for public improvements, including but not limited to bridges, culverts, headwalls, endwalls, earthwork (cut or fill), grading, paving (including subgrade preparation, base and surface), sidewalks, curbs and gutters, median crossings, guardrails, street signs, storm drainage, water distribution and sewage collection systems, shall be submitted to the town manager for review and approval with or prior to the submittal of the final plat. The town manager shall prescribe the form(s) for the plans and for other materials he/she may reasonably require to make his/her decision.

4.6.11 Certificates and Endorsements on Final Plat.

(a)

Certificate of survey and accuracy.

The final plat shall be made under the supervision of a surveyor or engineer licensed to practice in the State of North Carolina. The plat shall contain a certificate of survey and accuracy which meets the requirements for registration of G.S. Section 47-30.

(b)

Certificate of dedication and maintenance.

The following shall be printed on the final plat over the signature of the owner(s):

"The undersigned party, being duly sworn, certifies that he is the owner or duly authorized representative of the owner of the property designated on this plat as described below, and hereby freely dedicates all rights-of-way, easements, streets, recreation area, open space, common area, utilities, and other improvements to public or private common use as noted on this plat, and further assumes full responsibility for the maintenance and control of said improvements until they are accepted for maintenance and control by an appropriate public body or, by an incorporated neighborhood or homeowners' association or similar legal entity."

Description/reference to lots shown on this plat and covered by this certificate: (insert list of lot numbers or other clear identification of lots covered by this certification).

______________________________

Date: ___________________________

(c)

Certificate of improvements.

If the required improvements are completed prior to the submittal of the final plat, the following certificate shall appear on the plat over the signature of the town manager:

"The Town Manager hereby certifies that all improvements required by the Chapel Hill Land Use Management Ordinance have been installed as specified by the approved preliminary plat for ____________ Subdivision and that said improvements comply with Town specifications."

____________Town Manager

____________/____________/____________Date

If the required improvements are not completed prior to the submittal of the final plat and their completion is not ensured by regulations applicable to developments financed by the U.S. Department of Housing and Urban Development. The following certificate shall appear on the plat over the signature of the Town Manager:

"The Town Manager hereby certifies that a surety bond of a satisfactory amount has been posted with the Town of Chapel Hill which surety guarantees that all public improvements will be completed as specified by the approved Preliminary Plat for _____________________________ Subdivision within _____ days unless affirmatively extended by the Town Manager. Notice will be duly recorded with the Register of Deeds if and when said surety is amended or extended prior to completion of all public improvements for which it was posted."

____________Town Manager

____________/____________/____________Date

(d)

Town manager endorsement.

The plat shall show the following form for town manager endorsement:

Provided that this plat be recorded within 30 days of final approval;

Approved by

____________Town Manager

____________/____________/____________Date

(e)

Notary public required.

All certification and endorsement signatures on the final plat, except those of the Town Manager, representatives of other governmental agencies and public utilities, and licensed surveyors shall be signed under oath and notarized by the statement of a notary public entered on the final plat.

(Ord. No. 2005-03-07/O-6, §§ 1, 2)

4.6.12 As-Built Drawings of Improvements.

(a)

Digital construction drawings shall be submitted in DXF format on compact disk or compatible media, or alternate format, showing the as-built elevation and location of all improvements of the subdivision including all underground utilities shall be certified by a registered engineer or surveyor and submitted to the town manager.

(b)

When improvements are completed prior to final plat approval, the as-built drawings shall be submitted with the application for final plat approval. Where a surety bond is posted in lieu of completion of improvements, as-built drawings shall be submitted prior to release of the bond. The bond shall not be released until these plans are approved by the town manager.

4.6.13 Reservation of School Sites.

Whenever a subdivision application is submitted for approval which includes part or all of a school site designated to be reserved in the comprehensive plan, the town manager shall immediately notify the Chapel Hill/Carrboro Board of Education, and the board shall promptly decide whether it wishes the site to be reserved. If the board does not wish to reserve the site, it shall so notify the town manager and no site shall be reserved. If the board does wish to reserve the site, the subdivision shall not be approved without such reservation. A note indicating such reservation shall be recorded on a final plat. The board shall then have eighteen (18) months beginning on the date of final approval of the subdivision within which to acquire the site by purchase or by initiating condemnation proceedings. If the board has not purchased or begun proceedings to condemn the site within eighteen (18) months, the owner may treat the land as freed of the reservation.

4.7. - Site plan review.

4.7.1. Applicability.

Site plan review and approval by the planning board shall be required prior to issuance of a zoning compliance permit for any development or change in use subject to a zoning compliance permit (as described in section 4.9), with the following exceptions:

(a)

Any development of a single or two-family dwelling on a zoning lot, or any uses accessory thereto;

(b)

Expansion of development previously existing within a zoning lot may be reviewed and approved by the town manager if it would result in:

(1)

Addition of not more than fifteen (15) per cent of previously existing floor area, or twenty-five hundred (2,500) square feet of floor area, whichever is greater;

(2)

Addition of not more than fifteen (15) per cent of previously existing parking spaces, or ten (10) parking spaces, whichever is greater; and

(3)

An increase of not more than fifteen (15) per cent in the amount of land cleared for non-agricultural development, or ten thousand (10,000) square feet of new land clearing, whichever is greater;

(c)

Any sign;

(d)

Any development pursuant to an approved certificate of appropriateness or special use permit including special use permits that are no longer necessary and have therefore been abandoned, provided the town manager finds that no modifications are proposed to the plans and conditions in the area have not changed significantly;

(e)

Any of the following changes in use:

(1)

To another use in the same use group;

(2)

From use group C to use group B and/or use group A; or

(3)

From use group B to use group A;

provided that any such change does not involve development other than that exempted above; or

(f)

Any development of a solid waste management facility on a zoning lot.

For development applications proposing development as described in (a)-(f) above, the town manager shall take action provided that the development proposal, in the opinion of the town manager, does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, or lighting, and that such existing site elements comply with the applicable provisions of this chapter.

4.7.2. Procedures for Site Plan Review by Planning Board.

(a)

Application submittal requirements.

Applications for site plan review shall be submitted to the town manager. The town manager shall prescribe the form(s) on which applications are made. In the case of applications involving site plan review, applications shall include the name and address of the applicant, the name and address of the owner of each zoning lot involved, and the relationship of the applicant and property owner in connection with the application. If the applicant or property owner listed on an application involving site plan review is an entity other than an individual, the application shall also include detailed information regarding the principals of the entity. The town manager shall prescribe any other material that may reasonably be required to determine compliance with this chapter, with sufficient copies for necessary referrals and records.

No application shall be accepted by the town manager unless it complies with such submittal requirements. Applications that are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.

(b)

Action on the application.

(1)

On receipt of a complete application, the town manager shall cause an analysis to be made by qualified representatives of the town and such other agencies or officials as appropriate to determine compliance with applicable provisions of this chapter and any applicable conditions of an approved certificate of appropriateness. The town manager shall submit to the planning board a report of his or her analysis of the application. The planning board shall review the application and the town manager's report and shall take final action on the application.

(2)

Final action on an application shall be based solely on findings as to compliance with all applicable provisions of this chapter, including all applicable conditions of an approved certificate or appropriateness, and shall include one of the following:

A.

Approval of application; or

B.

Approval of application subject to reasonable conditions necessary to ensure compliance with applicable regulations and conditions; or

C.

Denial of application.

(3)

The planning board may impose such reasonable conditions on an approval as will ensure compliance with applicable regulations.

(4)

In the case of final action by the planning board, the town manager shall submit to the planning board a written analysis of the application and his/her recommendation.

(5)

If the applicant does not join in preliminary conferences with the town manager, the report shall be prepared within twenty-five (25) working days after the application is accepted, or within such further time consented to in writing by the applicant or by town council resolution. If the town manager fails to prepare a report to the planning board within this time limit, or extensions thereof, the application is recommended without conditions.

(6)

If the applicant participates in preliminary conferences with the town manager, the town manager will prepare his/her report to the planning board when further conferences appear unnecessary. No time limits shall apply to the town manager's review when the applicant joins in preliminary conferences. However, the applicant may require the town manager to submit the application and his/her report to the planning board whenever the applicant wishes to end discussions with him/her. In such case, the town manager shall forward his/her report to the planning board at the next available regularly scheduled meeting.

(7)

The planning board shall take action within thirty-five (35) days of the meeting at which a complete application is accepted and the town manager's report thereon is submitted to it or within such further time consented to in writing by the applicant or by town council resolution. Failure of the planning board to reach a decision within the prescribed time limit, or extensions thereof, shall result in the approval of the application as submitted.

4.7.3. Actions Subsequent to Decision.

In the case of approval or approval with conditions, the applicant shall subsequently submit final plans to the town manager for approval, in a form and content prescribed by the town manager. Approval of such plans shall be based on compliance with all applicable regulations and requirements, including all conditions attached to the site plan approval. After final plan approval, the town manager may issue a zoning compliance permit.

4.7.4. Appeal of Decision.

A decision by the planning board in granting or denying site plan approval may be appealed to the board of adjustment in accord with the provisions of subsection 4.12 of this chapter.

4.7.5. Minor Changes to Approved Site Plans.

The town manager may approve minor changes to plans approved under site plan review as long as such changes continue to comply with the approving action of the planning board and all other applicable requirements. The town manager shall not have the authority to approve any substantial changes to plans approved under site plan review unless such changes are specifically required by a condition of approval. If a substantial change is proposed, the town manager shall require the filing of an application for approval of the modification. an application for modification of a zoning compliance permit shall be reviewed in accord with the procedures established in subsections 4.7.1 and 4.7.2.

4.7.6. Expiration of Site Plan Review Approval.

(a)

Starting time limit.

If the use, construction, or activity authorized by approval of an application for a zoning compliance permit or modification of zoning compliance permit is not started within twelve (12) months of the date of approval, or within such further time stipulated in the approval, the approval shall expire and any town permit issued pursuant to the approval shall be void. The town manager may grant a single extension of the starting time limit for up to twelve (12) months, unless he/she determines that paramount considerations of health, the general welfare, or public safety require planning board re-approval. The town manager shall determine whether the use, construction, or activity has started.

(b)

Completion time limit.

If all construction and actions authorized or required by a zoning compliance permit or modification of zoning compliance permit are not completed by the completion date stipulated in the permit or modification, the permit holder may request an extension of the completion time limit from the town manager. The town manager may grant extensions of the time limit for periods of up to twelve (12) months if he/she determines that: a) the permit holder submitted the request within sixty (60) days of the completion date; b) the permit has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant reconsideration of the approved development. The town manager shall determine whether or not all construction and actions authorized or required have been completed.

4.7.7. Revocation of Site Plan Review Approval.

(a)

If any conditions of a zoning compliance permit or modification of zoning compliance permit, including completion time limits, or requirements of this chapter applicable to the permit or modification are violated, the town manager may revoke the permit or modification.

(b)

The town manager may reinstate a revoked zoning compliance permit or modification of zoning compliance permit if he/she determines that: a) the holder of the revoked permit or modification submitted a request for reinstatement within ninety (90) days of the revocation; b) the violations that were the cause of the revocation have been corrected; and c) the development fully complies with all conditions of the permit or modification and all applicable requirements of this chapter.

4.7.8 Reservation of School Sites

Whenever a site plan review application is submitted for approval which includes part or all of a school site designated to be reserved in the comprehensive plan, the town manager shall immediately notify the Chapel Hill/Carrboro Board of Education, and the board shall promptly decide whether it wishes the site to be reserved. If the board does not wish to reserve the site, it shall so notify the town manager and no site shall be reserved. If the board does wish to reserve the site, the site plan review shall not be approved without such reservation. A note indicating such reservation shall be recorded on a final plat. The board shall then have eighteen (18) months beginning on the date of final approval of the site plan review application within which to acquire the site by purchase or by initiating condemnation proceedings. If the board has not purchased or begun proceedings to condemn the site within eighteen (18) months, the owner may treat the land as freed of the reservation.

(Ord. No. 2003-09-22/O-4, § 2; Ord. No. 2005-02-14/O-4, § 2)

4.8. - Master land use plan.

Purpose statement: It is the intent that the development and approval of a master land use plan would permit greater flexibility in the design and development of tracts of land twenty (20) acres or greater in size; and therefore promote and encourage more creative and imaginative design while conserving the value of land. This process is intended to provide a procedure which can relate to type, design and layout of residential, commercial and office development to a particular site in a general way, providing the basis for subsequent, more detailed development plans and applications through the town's special use permit process.

It is the intent of this chapter that all master land use plans shall demonstrate a high quality of overall site and building design. The criteria and procedures established in this section ensure that the design and construction of site elements include appropriate consideration of the relationship and balance among site elements, the relationship of the development to natural features, neighboring developments, and access and circulation systems, retention of natural vegetation, minimal alteration of natural topography, mitigation of erosion and sedimentation, mitigation of stormwater drainage and flooding, arrangement and orientation of buildings and amenities in relation to each other and to neighboring developments and streets, landscaping, preservation or enhancement of vistas, and mitigation of traffic impacts.

4.8.1. Definition and Applicability.

The master land use plan conveys the general intent and system of development. It is a conceptual plan that illustrates and defines land use areas for residential, office, commercial, open space and special facilities or other land uses. General circulation patterns, both vehicular and pedestrian and bicycle, are identified and indicated on the conceptual plan. Master land use plans may be prepared for development tracts of twenty (20) acres or more.

4.8.2. Master Land Use Plan Design Criteria.

No master land use plan shall be approved unless the proposed development would:

(a)

Maintain the public health, safety, and general welfare;

(b)

Maintain or enhance the value of contiguous property, or be a public necessity; and

(c)

Conform to the comprehensive plan.

4.8.3. Procedures for Approval of Master Land Use Plan.

(a)

Application submittal requirements.

(1)

Applications for master land use plan approval shall be filed with the town manager. The town manager shall prescribe the form(s) of applications as well as any other material he/she may reasonably require to determine compliance with this article. The applicant will be required to demonstrate that the proposed development conforms to all provisions of this chapter, and is consistent with the town's comprehensive plan.

(2)

No application shall be accepted by the town manager unless it complies with such submittal requirements. Applications that are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.

(b)

Action on the application.

On receipt of a complete application, the town manager shall cause an analysis to be made by qualified representatives of the town and such other agencies or officials as appear appropriate in the circumstances of the case, to determine compliance with applicable provisions of this chapter and any applicable conditions of any approved special use permit or certificate of appropriateness.

(c)

Preliminary conference with the applicant.

(1)

The town manager shall notify the applicant, in writing, of any proposed master land use plan's deficiencies. The town manager shall also notify the applicant of his/her willingness to discuss alternatives to correct those deficiencies. If the applicant joins in such discussions, the application may be modified, further discussions may be held, or additional information may be requested by the town manager.

(2)

If the applicant participates in preliminary conferences with the town manager, the town manager will prepare his/her report to the planning board when further conferences appear unnecessary. No time limits shall apply to the manager's review when the applicant joins in preliminary conferences. However, the applicant may require the town manager to submit the application and his/her report to the planning board whenever the applicant wishes to end discussions with him/her.

(3)

If the applicant does not join in preliminary conferences with the town manager, the report shall be prepared within thirty-five (35) working days after the application is accepted, or within such further time extensions consented to by the applicant or by town council resolution. If the town manager fails to prepare a report to the planning board within this time limit, or extensions thereof, the town manager's recommendation to the planning board shall be deemed to be one of approval without conditions.

(d)

Town manager's report to the planning board and the town council.

The town manager shall submit to the planning board a written analysis of the application and his/her recommendation.

(e)

Planning board review.

The planning board shall review the application and the town manager's report and shall submit a written recommendation to the town council. The planning board shall base its recommendation on its determination of whether or not the application conforms to all applicable provisions of this chapter, and whether or not the application is consistent with the comprehensive plan. The planning board shall prepare its recommendations within thirty-five (35) days of the meeting at which the town manager's report is submitted to it or within such further time consented to in writing by the applicant or by town council resolution. If the planning board fails to prepare its recommendation to the town council within this time limit, or extensions thereof, the planning board shall be deemed to recommend approval of the application without conditions. If the planning board recommends approval of the application with conditions, the applicant may amend his/her application to conform to all or some of the conditions, provided the town manager reviews the amended application for compliance with applicable regulations and certifies that the amendments conform to the conditions of the planning board recommendation. In such cases, the town manager may amend his/her report to conform to any or all of the planning board's recommendations. The town manager shall then forward his/her report and the planning board's recommendation to the town council at the next available public hearing scheduled for master land use plan applications.

(f)

Public hearing.

After receiving the town manager's report and planning board's recommendation or, if applicable, the expiration of the time limit prescribed in subsection (e), above, the town council shall hold a hearing on the application at the next available regularly scheduled public hearing. Notice of the date, time, and place of the public hearing shall be published in a newspaper of general circulation in the planning jurisdiction once a week for two (2) successive weeks, with the first notice to be published not less than ten (10) nor more than twenty-five (25) days prior to the date of the hearing. The public hearing shall be open to the public and all interested persons shall be given the opportunity to present evidence and arguments and to ask questions of persons who testify. The town council may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross-examination of witnesses to avoid undue delay. All persons who intend to present evidence at the public hearing shall be sworn.

The applicant shall bear the burden of presenting evidence sufficient to establish persuasively that the proposed development will comply with the criteria established in subsection 4.8.2 and this chapter. A record of the proceedings of the hearing shall be made and shall include all documentary evidence presented at the hearing.

(g)

Town council action.

The town council shall act on the application after reviewing the application, the town manager's report, the planning board recommendation, and public comment thereon. It shall base its action on its findings as to conformity with all applicable regulations of the land use management ordinance. Its action shall be one of the following:

(1)

Approval of application, or

(2)

Approval of application subject to reasonable conditions necessary to ensure compliance with applicable regulations and conditions, or

(3)

Denial of application.

(h)

Amended applications.

Except as permitted in subsection (c), above, the applicant shall submit an amended application for review as an original application if he/she proposes to substantially amend or modify his/her application after the town manager's review.

(i)

Actions after decision.

The town manager shall notify the applicant of the town council's decision in writing and shall file a copy with the town's planning department. If the application is approved or approved with conditions, the town manager shall issue the necessary master plan approval in accord with the action of the town council. The applicant shall record such approval in the office of the appropriate county register of deeds. The master land use plan, including all conditions attached thereto, shall run with the land and shall be binding on the original applicant as well as all successors, assigns, and heirs. If the master land use plan is approved, or approved with conditions, the town manager may then accept applications for development under a special use permit.

(j)

Expiration of master land use plan approval.

If an application for development of at least one phase has not been accepted by the town manager within two (2) years of the date of approval of the master land use plan, the approval shall automatically expire. After that time the applicant may resubmit the original application. The town manager may re-approve that application unless he/she determines that paramount considerations of health, the general welfare, or public safety require the application to be reviewed in accordance with the procedures set forth in subsections (a) through (h), above. The town manager may re-approve the application only once, for a period of twelve (12) months.

(k)

Minor changes and modifications of master land use plan.

(1)

The town manager is authorized to approve minor changes and changes in the ordering of phases in the approved master plan as long as such changes continue to be in compliance with the approving action of the town council and all other applicable requirements, but shall not have the authority to approve changes that constitute a modification of the master plan. Before making a determination as to whether a proposed action is a minor change or a modification, the town manager shall review the record of the proceedings on the original application for the master land use plan and subsequent applications for modifications of master land use plan. The following shall constitute a modification of the master land use plan:

A.

A change in the boundaries of the site approved by the town council;

B.

A change from the use(s) approved by the town council;

C.

A change in the floor area or number of parking spaces approved by the town council by at least five (5) per cent;

D.

Changes in pedestrian and bicycle or vehicular access or circulation approved by the town council which:

1.

Change trip distribution involving more than five (5) per cent of all projected trips; or

2.

Reduce the level of service (LOS) of a street link or intersection within one-quarter (¼) of a mile from the boundaries of the proposed development.

E.

Substantial change in the amount or location of landscaped and open areas approved by the town council.

(2)

If the proposed action is determined to be a modification, the town manager shall require the filing of an application for approval of the modification.

(3)

The town manager shall prescribe the form(s) of applications as well as any other material he/she may reasonably require to determine compliance with this article.

(4)

An application for modification of a master land use plan shall be reviewed in accord with the procedures established in subsections (a) through (h), above.

(l)

Relation to special use permit.

(1)

Once a master land use plan or a modification of a master land use plan has been approved for a tract of land, no further development approval shall be granted unless it is consistent with the master plan.

(2)

If a master land use plan is approved for a tract of land, and an application for a special use permit is subsequently received, then the special use permit application must be consistent with the master plan. If it is consistent with the master plan, a rebuttable presumption shall thereby be established that the proposed development would:

A.

Maintain or promote the public health, safety, and general welfare;

B.

Maintain or enhance the value of contiguous property, or be a public necessity; and

C.

Conform to the comprehensive plan.

(m)

Abandonment or revocation of an approved master land use plan.

On request by the holder of an approved master land use plan, the town council shall approve the abandonment of the plan if it determines that no subsequent development approvals have been granted and no construction activity has taken place pursuant to the master plan.

On request by the holder of an approved Master Land Use Plan, the town council may revoke the plan and any special use permits approved pursuant to the Master Land Use Plan if it determines that:

(1)

Construction pursuant to the plan has started; and

(2)

The request is made in conjunction with an application for approval of a development other than that authorized by the plan; and

(3)

The proposed development as approved by the town council would incorporate adequate consideration of the site's already disturbed land area in its design; and

(4)

The proposed use or development conforms with the general plans for the physical development of the town as embodied in this chapter and in the comprehensive plan; and

(5)

Public purposes are satisfied to an equivalent or greater degree by the proposed change.

(n)

Relation to preliminary plat application.

An application for approval of a master land use plan may be considered simultaneously with an application for preliminary plat approval on the same site. If both applications are approved, any development on resulting subdivided lots must be consistent with the master land use plan. The individual lots so created within the context of a master land use plan shall not be required to meet the lot design standards of section 3.8, provided the zoning lot containing the master land use plan meets such standards.

(o)

Additions to master plans.

Master plans can be reviewed and approved for development tracts of between ten (10) and twenty (20) acres under the following conditions:

(1)

Development is proposed on tracts of size between ten (10) and twenty (20) contiguous acres (may include parcels on both sides of a public street if at least five (5) acres of the total are located on either side of the street).

(2)

The proposed development tract is adjacent to, or across a public street from, a mixed use development that has been approved by the town council in accordance with the provisions of subsection 3.5.1.

(3)

The proposed uses, circulation patterns and buffers are demonstrated to be compatible with the adjacent approved mixed use development. In addition, landscape treatments and architecture shall be compatible with the adjacent approved mixed use development to the extent such landscape treatments and architecture comply with any conditions of the permit approving such development.

In such cases, application for approval of a master land use plan shall be treated as a new application, and shall follow the procedures outlined in this article.

4.9. - Zoning compliance permit.

4.9.1. Applicability.

(a)

Except as otherwise specifically provided in this chapter, it shall be unlawful to begin any excavation, removal of soil, clearing of a site, or placing of any fill on lands contemplated for development, or to begin any construction, moving, alteration, or renovation, except for ordinary repairs, of any building or other structure, including accessory structures and signs, until the town manager has issued for such action a zoning compliance permit, certifying that such development complies with the applicable provisions of this chapter.

(b)

It shall also be unlawful to change the type of use or type of occupancy of any land or structure, or to extend any use on any lot on which exists a nonconforming use, until the town manager has issued for such action a zoning compliance permit, certifying that such intended uses comply with the applicable provisions of this chapter.

4.9.2. Procedures.

(a)

Application submittal requirements.

Applications for a zoning compliance permit shall be submitted to the town manager. The town manager shall prescribe the form(s) on which applications are made. The town manager shall prescribe any material that may reasonably be required to determine compliance with this chapter, with sufficient copies for necessary referrals and records. No application shall be accepted by the town manager unless it complies with such submittal requirements. Applications that are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.

(b)

Action on the application.

The town manager shall take final action on the application. Final action on an application shall be based solely on findings as to compliance with all applicable provisions of this chapter, including all applicable conditions of an approved special use permit, major or minor subdivision, site plan review, or certificate or appropriateness, and shall be one of the following:

(1)

Approval of application; or

(2)

Approval of application subject to reasonable conditions to ensure compliance with applicable regulations and conditions; or

(3)

Denial of application.

Final action shall be taken within thirty (30) working days of the acceptance of an application, or within such further time consented to by written notice from the applicant or by town council resolution. Failure of the town manager to reach a decision within the prescribed time limit, or extensions thereof, shall result in the approval of the application as submitted.

(c)

Actions subsequent to decision.

(1)

In the case of approval or approval with conditions, the town manager shall issue the zoning compliance permit. In the case of denial of an application, the town manager shall notify the applicant of the reasons for such denial.

(2)

Where engineering construction permits are required by the town Code of Ordinances, such permit shall not be issued prior to issuance of the zoning compliance permit required for the development and shall comply with the approved zoning compliance permit, including all conditions or approval attached thereto.

(3)

Where a building permit is required by chapter 5, or a sign permit is required by section 5.14 of the town Code of Ordinances, such permits shall not be issued prior to issuance of the zoning compliance permit and engineering construction permit required for the development and shall comply with the approved zoning compliance permit and engineering construction permit, including all conditions of approval attached thereto.

(d)

Appeal of decision.

A decision by the town manager in granting or denying a zoning compliance permit may be appealed to the board of adjustment in accord with the provisions of section 4.11 of this appendix.

(e)

Modification of zoning compliance permits.

(1)

The town manager may approve a modification of zoning compliance permit for changes to plans approved under site plan review, special use permit, major or minor subdivision, as long as such changes continue to comply with the approving action and all other applicable requirements. The town manager shall not have the authority to approve a modification for any substantial changes to plans approved under site plan review unless such changes are specifically required by a condition of approval.

(2)

If a substantial change is proposed, the town manager shall require the filing of an application for approval of the modification. An application for modification of a zoning compliance permit shall be reviewed in accordance with the procedures established in subsections (a) through (d), above.

4.9.3. Performance and Maintenance Guarantees.

(a)

Conditions attached to an approval of a zoning compliance permit may include the following:

(1)

A condition requiring the applicant to provide performance guarantees and/or maintenance guarantees deemed necessary to ensure compliance with the requirements of this appendix and the conditions of permit approval.

(2)

A condition permitting the applicant to provide performance guarantees in lieu of actual completion of required improvements prior to use or occupancy of the development authorized by the zoning compliance permit, provided the delayed completion of such improvements is determined to be compatible with the public health, safety and welfare.

(b)

Such performance guarantees and maintenance guarantees shall be satisfactory as to their form and manner of execution, and as to the sufficiency of their amount in securing the satisfactory construction, installation, or maintenance of the required improvements.

(c)

The condition requiring or permitting a performance guarantee shall specify a reasonable time period within which required improvements must be completed. Such time period shall be incorporated in the performance guarantee. The length of such time period shall not exceed two (2) years from the date the zoning compliance permit is issued.

(d)

No performance guarantee shall be released until certification of the satisfactory completion of all required improvements covered by such performance guarantee has been submitted to and approved by the town manager.

(e)

If the required improvements covered by a performance guarantee are not completed in accordance with the terms of the performance guarantee, the obligor shall be liable thereon to the town for the reasonable cost of the improvements not completed and the town may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

4.9.4. Expiration and Revocation of Zoning Compliance Permit Approvals.

(a)

Starting time limit.

If the use, construction, or activity authorized by approval of an application for a zoning compliance permit or modification of zoning compliance permit is not started within twelve (12) months of the date of approval, or within such further time stipulated in the approval, the approval shall expire and any town permit issued pursuant to the approval shall be void. The town manager may grant a single extension of the starting time limit for up to twelve (12) months, unless he/she determines that paramount considerations of health, the general welfare, or public safety require re-approval. The town manager shall determine whether the use, construction, or activity has started.

(b)

Completion time limit.

If all construction and actions authorized or required by a zoning compliance permit or modification of zoning compliance permit are not completed by the completion date stipulated in the permit or modification, the permit holder may request an extension of the completion time limit from the town manager. The town manager may grant extensions of the time limit for periods of up to twelve (12) months if he/she determines that: a) the permit holder submitted the request within sixty (60) days of the completion date; b) the permit has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant reconsideration of the approved development. The town manager shall determine whether or not all construction and actions authorized or required have been completed.

4.9.5. Revocation of Zoning Compliance Permit.

(a)

If any conditions of a zoning compliance permit or modification of zoning compliance permit, including completion time limits, or requirements of this chapter applicable to the permit or modification are violated, the town manager may revoke the permit or modification.

(b)

The town manager may reinstate a revoked zoning compliance permit or modification of zoning compliance permit if he/she determines that: a) the holder of the revoked permit or modification submitted a request for reinstatement within ninety (90) days of the revocation; b) the violations that were the cause of the revocation have been corrected; and c) the development fully complies with all conditions of the permit or modification and all applicable requirements of this appendix.

4.9.6. Sign Plan Review Required.

(a)

Applicability.

(1)

A unified sign plan is an overall plan for placement and design of multiple signs for a building or group of buildings. Sign plan review and approval by the town manager shall be required prior to issuance of a zoning compliance permit for any sign requiring such permit.

(2)

Where a zoning lot contains more than one principal use or establishment, the provisions below shall apply to the zoning lot as a whole, and the owner(s) of the zoning lot shall be responsible for allocating permitted signs and display surface areas among the individual uses or establishments. The sign plan submitted for such zoning lot shall show all signs located or proposed thereon and shall be designed so that all signs are in harmony and consistent with each other. Such a sign plan shall be referred to as a unified sign plan for the zoning lot.

(b)

Final action.

A decision by the town manager in granting or denying a zoning compliance permit or sign plan approval may be appealed to the board of adjustment in accord with the provisions of section 4.10 of this appendix.

4.9.7. Certificate of Occupancy.

No building or structure for which a zoning compliance permit has been issued shall be used or occupied until, after final inspection, a certificate of occupancy has been issued indicating compliance with the provisions of this chapter and all other state and local laws, including conditions of the zoning compliance permit and all other required permits.

4.10. - Appeals.

4.10.1. Applicability.

(a)

Any decision of the town manager made in the administration of the provisions of this appendix may be appealed to the board of adjustment by any person aggrieved by such decision. Any decision of the planning board in granting or denying site plan approval may be appealed to the board of adjustment as a new case. Any decision of the historic district commission in granting or denying a certificate of appropriateness may be appealed to the board of adjustment and shall be reviewed on the record. Any decision of the community design commission may be appealed to the board of adjustment as a new case.

(b)

An application for appeal shall be filed within thirty (30) days of the filing of the decision being appealed or the delivery of any required written notice of the decision, whichever is later.

4.10.2. Stay of further action.

An appeal to the board of adjustment stays all actions seeking enforcement of, or compliance with, the decision being appealed, except where the town manager certifies to the board of adjustment that, based on findings stated in the certificate, a stay would cause imminent peril to life or property, or that because the situation appealed from is transitory in nature, an appeal would seriously interfere with enforcement of this appendix.

4.10.3. Procedures for Appeals.

In the case of applications for appeal, the Applicant shall bear the burden of presenting evidence sufficient to establish conclusively that there is an error in the determination of the town manager. A record of the proceedings of the hearing shall be made and shall include all documentary evidence presented at the hearing.

4.11. - Interpretations.

4.11.1. Interpretations.

Where there is any uncertainty as to the intent or actual meaning of any provision of this appendix, or as to the intended location of any zoning district boundary shown on the zoning atlas, the town manager shall make an interpretation of said provision or boundary on request of any person. In making an interpretation of any zoning district boundary, the town manager shall apply the following standards:

(a)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed as following such centerlines;

(b)

Boundaries indicated as approximately following lot lines shall be construed as following such lot lines;

(c)

Boundaries indicated as approximately following corporate limits shall be construed as following such limits;

(d)

Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks;

(e)

Boundaries indicated as approximately following the shorelines or centerlines of streams, rivers, lakes, or other bodies of water shall be construed as following such shorelines or centerlines; in the event of change in the shoreline or centerline, the boundary shall be construed as moving with the actual shoreline or centerline;

(f)

Boundaries indicated as approximately following designated limits of areas of special flood hazard shall be construed as following such limits, as shown on the official base floodway and floodplain boundary maps and base flood profiles;

(g)

Boundaries indicated as approximately parallel to, or as extensions of, features described in (a) through (f) above shall be so construed; distances not specifically indicated on the zoning atlas shall be determined by reference to the scale of the atlas;

(h)

Where features described in (a) through (f) above, as existing on the ground, are at variance with those indicated on the zoning atlas, or in other circumstances not covered by (a) through (g) above, the board of adjustment shall interpret the district boundaries.

4.12. - Variances and appeals.

4.12.1. Procedures for Appeals and Variances.

(a)

Application submittal requirements.

(1)

Applications for appeal or for a variance shall be filed with the town manager.

(2)

The town manager shall prescribe the form(s) on which applications are made, as well as any other material that may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records.

(3)

No application shall be accepted by the town manager unless it complies with such requirements. Applications that are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.

(4)

On receipt of a complete application, the town manager shall transmit the application to the board of adjustment. In the case of applications for appeal, the town manager shall also transmit to the board all documents constituting the record on which the decision being appealed was based.

(b)

Public hearing.

(1)

After its receipt of an application for appeal or for a variance, the board of adjustment shall hold a public hearing on the application at its next available regularly scheduled meeting.

(2)

Notice of the date, time, and place of the public hearing shall be published in a newspaper of general circulation in the planning jurisdiction once a week for two (2) successive weeks, with the first notice to be published not less than ten (10) nor more than twenty-five (25) days prior to the date of the hearing.

(3)

The public hearing shall be open to the public and all interested persons shall be given the opportunity to present evidence and arguments and to ask questions of persons who testify. The board may place reasonable and equitable time limitations on the presentation of evidence and arguments and the cross examination of witnesses so that the application may be heard without undue delay. All persons who intend to present evidence at the public hearing shall be sworn.

(4)

In the case of applications for a dimensional variance, the applicant shall bear the burden of presenting evidence sufficient to establish conclusively that the requested variance will comply with each of the determinations required in subsection 4.12.2.

(c)

Action on the application.

(1)

After completion of the public hearing, the board of adjustment shall take action on the application.

(2)

In the case of applications for appeal, such action shall be to reverse, or affirm (wholly or partly), or modify the decision being appealed. The board may act on an application and then direct that a written decision be drafted and circulated for approval by the board members voting to support the decision, which written decision shall constitute the formal determination by the board upon such approval.

(3)

In the case of applications for a variance, such action shall be based on findings as to each of the determinations required in section 4.12, and shall be approval, or approval subject to conditions, or denial. The board may impose reasonable conditions on the granting of any variance to ensure that the public health, safety, and general welfare shall be protected and substantial justice done. In its consideration of applications for a variance, the board shall not use the existence of nonconformities in the vicinity as justification for the granting of variances.

(4)

In every case, the record of the action of the board shall include a summary of its findings and the evidence supporting them.

(d)

Actions subsequent to decision.

(1)

The town manager shall notify the applicant of the board's decision in writing and shall file a copy of it with the town's planning department.

(2)

If a variance is granted, the town manager shall issue a variance permit stating the nature of the variance and any conditions attached thereto. The applicant shall record the permit in the office of the appropriate county register of deeds.

(e)

Appeal of decision.

A decision on the board of adjustment on an application for appeal or for a variance may be appealed to the Superior Court by an aggrieved party. Such appeal shall be in the nature of certiorari and must be filed within thirty (30) days of the filing of the decision in the office of the planning department or the delivery of the notice required in subsection 4.6.4.(d), whichever is later.

4.12.2 Variances From Regulations.

(a)

A variance from the dimensional regulations, the water and sewer regulations, or the steep slope regulations of this appendix may be granted by the board of adjustment if it finds that strict enforcement of the regulations would result in practical difficulties or unnecessary hardships to the applicant for the variance, and that, by granting the variance, the intent of this appendix and the comprehensive plan will be observed, public safety and welfare secured, and substantial justice done. Such findings shall be based on the following determinations:

(1)

That strict compliance with the regulations allows no reasonable use of the applicant's property;

(2)

That the hardship complained of is one suffered by the applicant rather than by neighbors or the general public;

(3)

That the hardship relates to the applicant's property rather than to personal circumstances;

(4)

That the hardship is peculiar to the applicant's property, rather than a hardship shared by the neighborhood or resulting from the existence of nonconforming situations in the vicinity;

(5)

That the hardship is not the result of the applicant's own actions;

(6)

That the variance will not substantially interfere with or injure the rights of others whose property would be affected by granting of the variance; and

(7)

That the variance will not result in a violation of the provisions of article 7 by allowing the enlargement, expansion, extension, or the greater permanence or intensity of a nonconforming use or feature.

(b)

A variance from the "house size" limitations established by a Neighborhood Conservation District may be granted by the board of adjustment to allow up to a two thousand five hundred (2,500) square foot structure if it finds that strict enforcement of the regulations would result in practical difficulties or unnecessary hardships to the applicant for the variance, and that, by granting the variance, the intent of this chapter and the comprehensive plan will be observed, public safety and welfare secured, and substantial justice done.

4.12.3. Variances within Resource Conservation District.

See subsection 3.6.3.

4.12.4. Variances within Watershed Protection District.

See section 3.6.4.

(Ord. No. 2004-02-23/O-2)

4.13. - Violation and penalties.

4.13.1. Violations.

Whenever, by the provisions of this appendix, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use of any land, or on the erection, alteration, or the use or change of use of a structure, a failure to comply with such provisions shall constitute a violation of this appendix.

4.13.2. Liability.

The owner, tenant, or occupant of any land or structure, or part thereof, and any architect, engineer, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this appendix may be held responsible for the violation and be subject to the penalties and remedies provided herein.

4.13.3. Procedures Upon Discovery of Violations.

(a)

Upon the determination that any provision of this appendix is being violated, the town manager shall send a written notice by personal service or by certified mail, return receipt requested, to the person(s) responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the town manager's discretion.

(b)

The final written notice, which may also be the initial notice, shall state the action the town manager intends to take if the violation is not corrected, and shall advise that the town manager's order may be appealed to the board of adjustment as provided in section 4.10 of this appendix.

(c)

In cases when delay would seriously threaten the effective enforcement of this appendix, or pose a danger to the public health, safety, or general welfare, the town manager may seek enforcement without prior written notice by invoking any of the penalties or remedies contained in subsection 4.13.4.

4.13.4. Penalties and Remedies.

(a)

Any violation of any provision of any article of the Chapel Hill Land Use Management Ordinance shall constitute a misdemeanor and shall subject the violator to a penalty of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.

(b)

Any act constituting a violation of this ppendix shall also subject the offender to a civil penalty of one hundred dollars ($100.00). If the offender fails to pay the penalty within ten (10) days of receiving final written notice of a violation, the penalty may be recovered by the town in a civil action in the nature of a debt. A civil penalty may not be appealed to the board of adjustment if the offender received a final written notice of violation and did not appeal to the board of adjustment within the time limit prescribed in section 4.10 of this chapter.

(c)

Each day that any violation continues after receipt of the final written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein.

(d)

In addition to the penalties and remedies above, the town manager may institute any appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this appendix.

4.13.5. Violations within Resource Conservation District.

See subsection 3.6.3.