Land Development Ordinance - Amended 4-2-2024

required to make road improvements along the front of the created lot(s) adjacent to an existing public thoroughfare.

§9-1456 VARIANCES

Where topography or other existing physical conditions are such that compliance with the requirements of the Subdivision Regulations would cause an unusual or unnecessary hardship on the property owner/developer above and beyond what other property owners/developers would be required to meet, the property owner/developer may submit a variance petition to the Board of Adjustment in accordance with Article Q Procedures & Administration to consider a variance to the minimum requirements set forth in these Subdivision Regulations, provided that such variances shall not have the effect of nullifying the interest and purpose of the Subdivision Regulations. The Board of Adjustment shall make its determination, and the Board of Adjustment shall provide in writing the reasons for its action. If the Board of Adjustment has approved a variance for the preliminary major subdivision plan, a copy of the written reasons/action by the Board of Adjustment shall be included with the preliminary major subdivision plan to the Planning Board for subsequent review and recommendation to the Town Board of Commissioners for final action.

§9-1457 EXPIRATION OF APPROVALS

a. Subdivisions

(1) Expiration of Preliminary Major Subdivision . A preliminary major subdivision plat of a parcel(s) of land within the corporate limits or the extraterritorial jurisdiction of the Town of Fuquay-Varina is automatically valid for one (1) year upon approval of the preliminary major subdivision plat. Construction drawings must be submitted within the valid one (1)- year period of the approved preliminary major subdivision plat for all or a phase of the approved subdivision. (2) Expiration of Construction Drawings . Upon approval of the construction drawings the property owner/developer has 12 months to begin installation of the infrastructure for all, or a phase of, the approved subdivision. (3) Valid Plan Maintained . If a preliminary major subdivision plat includes “phasing” of the plat, the construction and recordation of the initial phase(s) constitutes a valid plan for the property owner/developer to construct and record subsequent phases without requiring a resubmittal to maintain the valid preliminary major subdivision plat, except that stormwater management standards shall apply to all remaining phases where the infrastructure is not yet designed or designed but not constructed.

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