Land Development Ordinance - Amended 9-2-2025

require further approvals by the Planning Board or Town Board of Commissioners, so long as such changes conform to the general intent of the approved preliminary major subdivision plat, and otherwise meet all standards and requirements under the Land Development Ordinance. In such case the process herein identified shall be followed: The property owner/developer shall follow the review process for preliminary major subdivision plats as outlined in this Article with the exception that there is no required approval from the Planning Board or Town Board of Commissioners. This constitutes a minor modification as defined by the Land Development Ordinance .

A. Minor modifications do not include:

i. An increase in the number of lots; ii. A decrease in the amount of open space, more than 5% iii. Road connectivity to adjacent parcels; iv. The average lot size may not decrease, more than 5%; v. The minimum lot size may not decrease, more than 5%.

x. Recreation Land Dedication or Payment-In-Lieu

Under North Carolina General Statutes §160D-804, the Town of Fuquay-Varina may require the dedication of land for public recreation or accept a payment-in-lieu for recreation based on standards that apply in the Land Development Ordinance, specifically Article J Subdivision Regulations, §9-1462 Recreation Standards. (1) Recreation Required . At the time of submittal of a preliminary major subdivision plat the property owner/developer shall include a Recreation Land Dedication/Payment-In-Lieu form. The form offers two options as follows: A. Recreation Land Dedication . In general, the Town of Fuquay-Varina has specific criteria for consideration of land dedication for recreation. The size, shape and location of the land proposed for dedication, the amount of usable land, consistency with the Recreation, Parks & Cultural Resources Master Facilities Plan, and Town Board of Commissioners approval are factors which determine if the Town will consider accepting land dedication. B. Recreation Payment-In-Lieu . If the property owner/developer chooses not to dedicate land the property owner/developer shall pay a recreation payment-in- lieu, which is set by the Town Board of Commissioners through the Land Development Ordinance, specifically Article J Subdivision Regulations, §9-

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