Land Development Ordinance - Amended 4-7-2025

B. Failure of Town Board of Commissioners to Act. If the Town Board of Commissioners fail to act within 60 days after receiving the Planning Board’s recommendation, the preliminary subdivision plat shall be deemed approved.

(6) Expiration of Preliminary Plat Approval . See §9-1457 Expiration of Approvals, a. Subdivisions.

(7) Subsequent Administrative Review. Upon approval by the Town Board of Commissioners, future plans of development proposed in the preliminary major subdivision plat shall be an administrative review by Town staff and shall not 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:

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