Director:
Berry Gray
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Physical Address:
Land and Use Center
309 E. Market Street
Smithfield, NC 27577
 
Mailing Address:
309 E. Market Street
Smithfield, NC 27577
 
Phone: 919-989-5150
Fax: 919-989-5426
Subdivision Process

                            Johnston County Subdivision Process 
                                              (printable version)

 

Johnston County regulates the subdivision of land to provide an orderly process for

division of land into lots or parcels for the purpose of sale and/or building development

by property owners. It is also 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 the

prospective or future owners in the county community, and that subdivisions are provided

with and provide for adequate and efficient access and coordination of streets, water

and/or sewage, parks, schools, playgrounds and other public requirements and facilities

where appropriate. The following is a summation of regulations found in the Land

Development Code that regulate the division of land for residential use. The intent of this

summation is for general information purposes only, for detailed information please refer

to Chapter 14 Land Development Code of the Johnston County Code of Ordinances.

 

These regulations do not apply to land under the jurisdiction of any municipality or

within extraterritorial planning jurisdictions of a municipality.

 

 

GENERAL REGULATION REGARDING LAND USE:

 

Minimum land required for division proposed for residential use is 1.33 acres with

public water and 2 acres without a public water source.

 

No subdivision can create a residential density greater than 1.5 housing units per 1

acre with public water or 1 unit per acre with well water. [Sec 14-75: (b), (1)a and

(1)b]

 

Lots created for single wide mobile homes may not be permitted for lots less than 1

acre. [Sec 14-75: (b), (2)d.]

 

Tracts of 100 acres or more can qualify for a special subdivision process, which

allows more flexibility in design and development with a Planned Unit Development

and a Master Plan. These guidelines can be found in Article 4; Special Uses, Section

14-257 and Article 5; Division 2 Master Plan.

 

MINOR SUBDIVISIONS: [Sec 14-151 thru 14-154] Division of a tract creating two

lots or less from a tract created prior to September 2000. The minor subdivision is as

follows:

 

1.      SUBMITTAL REQUIREMENTS

a.       1 – 18 x 24 paper copy of preliminary plat

b.      Fee  $93.75*

        *(Fees subject to change, as set by annual fee schedule)

 

 

2.      TECHNICAL REVIEW

Planning Staff will review the development proposals for conformance with local

development regulations. The planning director can make conditional approval

requirements.

 

3.      FINAL PLAT REVIEW

Administrative review of the plat by the county review agencies and review officer is

required. Final plat is subject to county mapping requirements [Sec 14-230, 14-231].

 

4.      RECORDATION OF FINAL PLAT

Once all reviewers have endorsed the final plat it must be recorded with the Register

of Deeds.

 

MAJOR SUBDIVISIONS: [Sec 14-171 thru 14-177] Division of land creating three or

more lots. The major subdivision approval process is a two-step procedure involving

planning board approval of a preliminary plat and administrative approval of a final plat.

The major subdivision approval process is as follows:

 

1.      SUBMITTAL REQUIREMENTS  

a.      Completed Application

b.      Fee (3-7 lots: $250 + $12.50/lot)**

         (8+ lots: $1000 + $18.75/lot)**

c.       5 - FOLDED 24 x 36 copies of the preliminary plat

d.      10 - FOLDED 11 x 17 copies of the preliminary plat

e.       Stormwater Statement

f.        Certified TIA required for those proposed subdivisions with 100 or greater lots.*

g.       (Applicant’s TIA must either be performed by the County consultant, or reviewed

by the County’s consultant.  TIA fees and/or review fees must be paid by the

applicant.)

*(Plats received by the first day of the month will be reviewed at the following month’s Planning

Board Meeting. Plats requiring a TIA will be delayed one month to conduct the study.)

**(Fees subject to change, as set by annual fee schedule)

 

2.      TECHNICAL REVIEW

Copies of the preliminary plat will be sent to the Technical Review Committee (TRC)

members for review. TRC members will provide any comments or concerns

necessary for revision prior to submittal to planning board. 

 

3.      TIA PROCESS (if required)

A Traffic Impact Analysis (TIA) is required for subdivisions of 100 or more lots.  A

TIA is required in order to determine impacts the proposed development will have on

the county’s existing traffic system. The TIA will outline any onsite or offsite

improvements required. [Sec 14-366]

 

4.      PLANNING BOARD REVIEW

The planning board will review the development proposals for conformance with

local plans and development regulations. The board can make conditional approval

requirements. Preliminary Plat approval is only valid for 24 months. [Sec 14-175, 14-

176]

 

5.      INFRASTRUCTURE DEVELOPMENT

After receiving preliminary plat approval and meeting all other county agencies

preliminary requirements infrastructure and other improvement construction can

begin.  When infrastructure and improvements are complete the final plat can be

submitted. [Sec 1-201]

 

6.      FINAL PLAT REVIEW

Administrative review of the plat by the county review agencies and review officer is

required. Final plat is subject to county mapping requirements. [Sec 14-201, 14-230,

14-231]

 

7.      RECORDATION OF FINAL PLAT

Once all reviewers have endorsed the final plat it must be recorded with the Register

of Deeds within 60 days. [Sec 14-203]

 

 

Other Major subdivision requirements:

  1. Open space dedication of 5%-15% of gross land depending on the approval of recreation
    amenities, or a $400** per lot Fee-in-lieu without dedication is required. [Sec 14-75 (e)-(i)]
    **(Fees subject to change, as set by annual fee schedule)
  2. A Stormwater Management Plan must be submitted along with the preliminary
    plat. A Stormwater Management Plan must be approved prior final plat approval.
    [Sec 14-381 thru 14-395]
  3. Subdivisions located along arterial and collector streets shall be designed where
    no new subdivision lots are created to have direct driveway access to arterial or
    collector streets, unless it is demonstrated no reasonable alternative exist. [Sec 14-
    226]
  4. Subdivisions located along local streets shall be designed to limit driveway access
    to 500’ separations along the same side of the street, unless it is demonstrated no
    reasonable alternative exist. [Sec 14-226]
  5. Subdivision proposing more then 100 lots shall provide a secondary entrance or
    an emergency vehicle access point. Subdivisions proposing 201 lot or greater are
    required to provide two entrances. [Sec 14-226]
  6. NCDOT reserves the right to require additional onsite and offsite improvements
    when driveway permits are requested.
  7. No flag lots or Easement lots are allowed in major subdivisions.
  8. All subdivision streets, public or private, must be designed and constructed to NC
    DOT standards.