Land Development Ordinance - Amended 11-19-2024

the use of the plan or plat of the subdivision before such plan or plat has been approved and recorded in the manner prescribed in the Subdivision Regulations. The description of such lot or parcel by metes and bounds as the instrument of transfer or other documents used in the process of selling or transferring land or lot shall not exempt the transaction from the provisions of these Subdivision Regulations herein. (4) Infrastructure Completed Prior to Transfer or Sale . No interest in any real property in or for any subdivision plat or development shall be assigned, transferred or conveyed by the property owner or developer to any other person until such time as the infrastructure for the subdivision plat or development as required by the Subdivision Regulations herein has been installed in accordance with approved construction plans; except assignments, transfers or conveyances for the purpose of obtaining a mortgage or loan on the subdivision plat or development or to another developer who accepts the first developers obligations may be permitted.

b. Acceptance of Streets, Extension of Utilities & Issue of Permits

No street shall be maintained, or street dedication accepted for ownership and maintenance, or building permits issued, or shall water, wastewater (sewer) and other public facilities or services be extended to or connected with any subdivision for which a plat is required to be approved unless and until the requirements set forth in these Subdivision Regulations have been complied with and approved by the Town Board of Commissioners of the Town of Fuquay-Varina.

c. Conformity with Adopted Plans

All proposed subdivisions shall conform to all applicable principles, policies, goals and/or objectives of the Town of Fuquay-Varina Comprehensive Plan as now adopted or as may be amended in the future. In addition, the following provisions shall apply to any proposed subdivision. (1) Street Improvements . Where a subdivision includes any part of a street, existing or proposed, which has been designated as such on the adopted Comprehensive Transportation Plan as provided by North Carolina General Statutes §136-62.2, §160D- 804, such streets shall be constructed, platted and dedicated by the property owner(s)/developer in the location(s) shown on the Comprehensive Transportation Plan, and at the right-of-way width, street cross-section and related appurtenances as specified by the Subdivision Regulations, Article M Thoroughfares, Drainage & Utility Standards and the Town’s Standard Specifications & Construction Details, or if pertaining to a State maintained road also meeting the standards of the North Carolina Department of Transportation (NCDOT).

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