Section 1.01. Short title.

This ordinance shall be known and may be cited as "The Subdivision Ordinance of the City of Salisbury, North Carolina."

(Ord. No. 1994-12, § 1, 3-1-94)

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The purpose of these regulations is to establish procedures and standards for the development and subdivision of land within the jurisdiction of the City of Salisbury in order to provide for the orderly growth and development of the city; for the coordination of streets and highways within proposed subdivisions with existing or planned streets and highways and with other public facilities; to provide for the dedication of rights-of-way or easements for street and utility purposes; to provide for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions essential to public health, safety, and the general welfare; to provide for the inclusion on the final plat of subdivisions developed under this ordinance sufficient data to determine readily and reproduce accurately on the ground the location, bearing, and length of every street and alley line, lot line, easement boundary line, and other property boundaries including the radius and other data for curved property lines to an appropriate accuracy and in conformance with good surveying practice; and to help preserve and protect the environmental and economic resources of the City of Salisbury and its environs in the best interests of its citizens now and in the future.

(Ord. No. 1994-12, § 1, 3-1-94)

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The city council of the City of Salisbury hereby exercises its authority pursuant to the authority conferred by an act of the General Assembly of the State of North Carolina (G.S. ch. 160A, 160A-371 through 160A-380.)

(Ord. No. 1994-12, § 1, 3-1-94)

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The regulations shall govern all subdivisions of land within the primary corporate limits, the satellite (noncontiguous) corporate limits, and the extraterritorial jurisdiction of the City of Salisbury, N.C., as now or hereafter established and shown on the official zoning map and/or atlas of the City of Salisbury.

(Ord. No. 1994-12, § 1, 3-1-94)

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The duties of subdivision administration of the City of Salisbury shall be assigned by the city manager of the City of Salisbury to any municipal personnel he deems appropriate to administer and enforce the provisions of this ordinance. Such duties may be assigned to a single individual or duties may be assigned to various individuals. The city manager may also appoint such municipal personnel and others he deems appropriate to a technical review committee. The technical review committee shall function according to the instructions of the city manager relative to this subdivision ordinance and any other duties he may assign them.

The subdivision administrator shall be either the individual designated by the city manager to administer and enforce the provisions of this ordinance or the individual designated by the city manager to coordinate the administration and enforcement of the provisions of this ordinance if duties are assigned to various individuals.

(Ord. No. 1994-12, § 1, 3-1-94)

Cross reference(s)--Administration, Ch. 2.

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Pursuant to G.S. 160A-372 and G.S. 47-30, a plat for any subdivision of land may not be recorded with the Rowan County Register of Deeds until submitted to the subdivision administrator and approved in accordance with the requirements of this ordinance. No construction of improvements such as streets, storm drainage or grubbing and grading as related to the subdivision of land and the development thereof shall be initiated until the subdivision administrator has approved engineering drawings for such work. A valid, approved preliminary plat of the land involved shall be prerequisite to approval of engineering drawings by the subdivision administrator.

(Ord. No. 1994-12, § 1, 3-1-94)

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Within six (6) months after the final plat has been approved by the city council, it shall have been recorded with the Register of Deeds of Rowan County. Should the six-month time limit expire before the plat is recorded, it must be resubmitted in accordance with procedures for the submittal of a final plat. Upon the filing of this ordinance with the register of deeds, the register of deeds shall not thereafter file or record a plat of a subdivision located within the territorial jurisdiction of the city until said plat has been approved by the city. The filing or recording of a subdivision plat without approval of the city council as required by this ordinance shall be null and void. The Clerk of Superior Court of Rowan County shall not order or direct the recording of a plat where such recording would be in conflict with this ordinance.

(Ord. No. 1994-12, § 1, 3-1-94)

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The following penalties as proposed in the General Statutes of North Carolina (G.S. 160A-375) shall prevail.

Any person who, being the owner or agent of the owner of any land located within the jurisdiction of the City of Salisbury, hereafter subdivides his land in violation of the ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of land before the plat has been properly approved under this ordinance and recorded in the office of the Register of Deeds of Rowan County, shall be subject, upon conviction, to fines and/or imprisonments as provided by G.S. 14-4. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from the penalty. The city attorney shall enjoin such transfer or sale by action for injunction. In addition, the civil penalty provided in Chapter 8.5 of the Salisbury City Code shall be available for use by the subdivision administrator. The subdivision administrator may use any one or more of the remedies provided to deal with violators and violations of this ordinance.

(Ord. No. 1994-12, § 1, 3-1-94)

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This ordinance may be amended from time to time by the city council of the City of Salisbury as provided by law, but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to and a recommendation received from the planning board. The planning board shall have forty-five (45) days within which to submit its recommendation to the city council. If the planning board fails to submit a recommendation to the city council within the specified time, it shall be deemed that the planning board has approved the proposed amendment.

(Ord. No. 1994-12, § 1, 3-1-94)

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Subdivisions within the jurisdiction of the City of Salisbury shall comply with the regulations of the Zoning Ordinance of the City of Salisbury relative to the district in which located. In the case of a conflict between the standards required for development in this ordinance and the zoning ordinance, the more restrictive standard shall apply. Any variances or special exceptions necessary to meet the requirements of the zoning ordinance shall be obtained as provided for in that ordinance prior to certification of approval of any subdivision.

(Ord. No. 1994-12, § 1, 3-1-94)

Cross reference(s)--Zoning, App. B.

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