(A) Procedure Type – Preliminary Plats. The community development director shall coordinate and assemble through the facilities and design review process the reports and data submitted by the applicant, affected city departments and any governmental agencies having an interest in subdivisions. The community development director shall determine whether the subdivision meets the criteria in subsection
(C) of this section.
(B) Scope of Regulations.
(1) This section shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of Ordinance No. 428, except where there is proposed a replatting or modification of lot sizes or the layout and construction of streets or other land improvements requiring a replatting or survey recording. Nor is this section intended to repeal or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by Ordinance No. 428, or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the city is a party. However, where this section imposes a greater restriction upon the land than is imposed or required by existing provisions of law, ordinance, contract or deed, this section shall control.
(2) Where an application involves no variance request(s) and/or where modifications to the standards specified in this chapter have been previously approved by the planning commission through the planned unit development process, the community development director may take action to approve or deny the land division pursuant to the Type II procedure provided in CMC §
18.10.070(A)(2).
(3) In cases where applications involve a variance requiring a public hearing, the planning commission shall make the decision regulating land divisions that the community development director would otherwise make. In this case, the process and timeline for approval or denial of the subdivision shall be consistent with a Type III review procedure as described in CMC §
18.15.010(C). The community development director shall prepare a report summarizing the factors involved including proposed findings, reasons, conclusions and recommendations, and shall place the report on the commission's agenda in a manner consistent with the commission's adopted rules for public hearings. If the materials do not meet the applicable requirements, the community development director shall advise the applicant of the deficiencies and submit the report to the commission with a recommendation for denial.
(4) Neighborhood Review Meeting. Prior to submitting a land division application that is subject to a variance request, the applicant shall conduct a neighborhood review meeting regarding the proposed land division application. The neighborhood review meeting must be held at an accessible location within the Cornelius city limits.
(5) The applicant may withdraw the application at any time.
(C) Approval Criteria. In order to approve a preliminary plat, findings of fact shall be made to support the following conclusions:
(1) The proposal conforms with the city's comprehensive plan; and
(2) The proposal complies with all applicable statutory and ordinance requirements and regulations; and
(3) Adequate public facilities are available to serve the proposal; and
(4) All proposed lots conform to the size and dimensional requirements of this chapter; and
(5) All proposed improvements meet city standards; and
(6) That the phasing plan, if requested, can be carried out in a manner which meets the objectives of the above criteria and provides necessary public improvements for each phase as it develops.
(D) Special Conditions.
(1) No preliminary plat of a subdivision shall be approved which bears a name using a word which is the same as, similar to, or pronounced the same as a word in the name of any other subdivision in Washington County, except for the words "town," "city," "place," "court," "addition," or similar words, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that name or unless the party files and records the consent of the party that platted the subdivision bearing that name. All plats must continue the block numbers of the plat of the same name last filed.
(2) No preliminary plat shall be approved unless it bears the signature of the chairman of the planning commission and the community development director.
(3) Streets. No preliminary plat for a proposed subdivision shall be approved unless:
(a) General. The location, width and grade of streets shall be considered in relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed use of the land to be served by such streets. Where location is not shown in the comprehensive plan, the arrangement of the streets in a division shall either:
(i) Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or
(ii) Conform to standards adopted by the city. All streets shall be designed in accordance with adopted Cornelius public works standards and the adopted Cornelius transportation system plan.
(b) Reserve Strips. Reserve strips or street plugs controlling the access to streets will not be approved unless necessary for the protection of the public welfare or of substantial property rights, and in such cases as they may be required. The control and disposal of the land composed of such strips shall be placed within the jurisdiction of the city under conditions approved by the community development director.
(c) Alignment. As far as practical, all streets other than minor streets or cul-de-sacs shall be in alignment with existing streets by continuations of the center lines thereof.
(d) Future Extension of Streets. In the case of dead-end stub streets that will connect to streets on adjacent sites in the future, notification that the street is planned for future extension shall be posted on the stub street until the street is extended and shall inform the public that the dead-end street may be extended in the future.
(e) Intersection Angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practical except where topography requires a lesser angle, such as for special intersection design.
(f) Existing Streets. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way shall be provided at the time of land division.
(g) Half Streets. Half streets, while generally not acceptable, may be approved where essential to the reasonable development of the land division when in conformity with the other requirements of these regulations, and when the community development director finds it will be practical to require the dedication of the other half when the adjoining property is divided. The community development director may require up to an additional 10 feet of right-of-way and improvements to provide for a safe travel surface. Whenever a half street is adjacent to a tract to be divided, the other half of the street shall be platted within such tract. Reserve strips and street plugs may be required to preserve the objectives of half streets.
(h) Cul-De-Sacs, Hammerheads, and Woonerfs. The use of cul-de-sac designs and closed-end street systems shall be limited to situations where topography, existing development, barriers such as railroads or highways, or environmental constraints such as major streams and rivers prevent full street extensions. If cul-de-sacs are used, they shall be designed in accordance with adopted Cornelius public works standards. In any instance, no more than 25 dwelling units shall be served by a cul-de-sac. Unless otherwise approved by the city engineer, no more than six dwelling units shall be served by a woonerf. In proposed development or where redevelopment potential exists, and a street connection is not proposed, one or more accessways may be required to connect a cul-de-sac to public streets, to other accessways, or to property lines to allow for future connections. Redevelopment potential exists when assessed building value per square foot is less than 50 percent of the mean value per square foot of surrounding buildings on lots within a 500-foot distance as measured from any point of the property line. An accessway will not be required where the impacts from new development, redevelopment or both are low and do not provide reasonable justification for the estimated costs of such accessway.
(i) Accessways linking cul-de-sacs shall be as short as possible and, wherever practical, straight enough to allow one end of the path to be seen from the other.
(ii) Accessways linking cul-de-sacs shall be lighted to a minimum level of one-half foot-candle. Lighting shall have cut-off fixtures so that no glare is emitted beyond the accessway and onto adjacent properties.
(i) Grades and Curves. Grades shall not exceed six percent on major or secondary arterials, 10 percent on collector streets, or 12 percent on any other street. In flat areas, allowance shall be made for finished street grades having a minimum slope of one-half percent.
(j) Lots Abutting Arterial Streets. Where a land division abuts or contains an existing or proposed arterial street, the community development director may require frontage roads, reverse frontage lots with suitable depth, screen planting contained in a nonaccess reservation along the rear or side property line, or such other treatment as may be part of an approved street design plan or may be necessary for adequate protection of residential properties, to provide separation of through and local traffic, and be aesthetically pleasing.
(k) Trees. Trees shall be installed along street frontages in accordance with the adopted Cornelius public works standards. Actual location and spacing of trees shall be at the discretion of the city engineer.
(l) The streets and roads shall be named in accordance with standards and plans established by the planning commission.
(m) The minimum street width shall comply with the standards and design identified in Chapter 5 of the adopted Cornelius public works standards.
The city and the planning commission shall consider in their traffic analysis, congestion management solutions as mandated by Title 6 of the Metro's Urban Growth Management Functional Plan.
(4) Blocks. The lengths, widths, and shapes of blocks shall be designed with due regard to providing adequate building sites suitable to the special needs of the type of use contemplated, needs for convenient access, circulation, control and safety of street traffic, limitations and opportunities of topography, and conformance with the adopted Cornelius public works standards. Application of conditions in subsections
(D)(4)(a),
(b) and
(c) of this section shall be reviewed and may be approved by the city. Mixed-use and residential development on proposed sites of five acres or greater must submit a site plan that identifies conceptual street connections that are consistent with Figure 8-3 of the TSP.
(a) Physical or topographic conditions make an accessway connection impracticable. Such conditions include but are not limited to freeways, railroads, slopes in excess of city standards for maximum slopes, or wetlands or other bodies of water which make provision of a connection impracticable.
(b) Existing buildings or other development on adjacent lands physically preclude a connection now or in the future considering the potential for redevelopment.
(c) Where accessways would violate provisions of leases, easements, covenants, or restrictions written and recorded as of May 1, 2000.
(d) Variances. A variance to street spacing standards may be granted pursuant to Chapter
18.115 CMC if resources are present that are mapped on the Natural Resources Map, where street spacing can be achieved at a minimum of 800 feet and no greater than 1,200 feet. Where habitat quality or the length of the crossing required prevents a full street connection, an exception to the street spacing standards may be granted, pursuant to Chapter
18.115 CMC.
(e) An accessway will not be required where the impacts from new development, redevelopment or both are low and do not provide reasonable justification for the estimated costs of such accessway.
(f) Exceptions to the above standards may be granted when blocks are divided by one or more pathways, where spacing is no more than 330 feet as measured from the right-of-way or easement line and in conformance with provisions of Chapter
18.115 CMC (Variances). Pathways shall be located to minimize out-of-direction travel by pedestrians and may be designed to accommodate bicycles.
(5) Easement.
(a) Utility Lines. Easements for sewers, drainage, water mains, electric lines, or other utilities shall be dedicated. Easements for water, sewer, or drainage on interior lot lines shall be 20 feet in width, the center line of which shall be the lot lines. Easements for water, sewer, or drainage along exterior lot lines shall be 20 feet in width, except no easement will be required for those lot lines paralleling a street or other public way. Tie-back easements shall be six feet wide and 20 feet long along lot side lines at change of direction points of the lot lines. Easements for utilities such as electrical, gas, cable, and fiber optics (public utility easement, or PUE) shall be dedicated along all right-of-way frontages, including woonerfs, and shall be eight feet in width. A PUE is not required along the right-of-way of an alley, unless a parcel on an alley does not also front on a street or woonerf directly.
(b) Watercourses. Where a land division is traversed by a watercourse, drainage way, channel, or stream, a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width as will be adequate for the purpose, may be required. Streets or parking ways parallel to watercourses may be required. Watercourse easements and drainage rights-of-way shall be consistent with Clean Water Services (CWS) standards.
(6) Lot Size and Shape. Lot size, width, shape and orientation shall conform to the requirements of this chapter for the applicable zoning district.
(a) Where a tract is subdivided into larger parcels than the minimum lot size under the city zoning regulations, such parcels shall be arranged so as to allow the opening of future streets and logical further resubdivisions.
(b) Lot configurations shall meet the provisions of Chapter
18.155 CMC (Solar Access for New Development).
(7) Access. Each lot shall abut upon a public street for a distance of at least 20 feet.
(8) Dedications. Public streets, sidewalks, pedestrian ways, bike paths, parks, open space, and other public rights-of-way required by or reasonably related to the development shall be dedicated or otherwise conveyed to the city or the appropriate jurisdiction for maintenance. Further, any park or open space proposed may be required to be dedicated to the public if it is designated in the city's comprehensive plan. An appropriate instrument granting or conveying the park or open space must be approved by the jurisdiction to whom the park or open space is being dedicated prior to final plat approval.
(9) Utilities. All utilities shall be placed underground per standards identified by the city engineer.
(10) Street Trees. Trees shall be installed along street frontages in accordance with the adopted Cornelius public works standards.
(11) Homeowners' Associations and Declarations. When a homeowners' association agreement or other restrictive covenants are to be recorded with the development, a copy of the appropriate documents shall be submitted for review by the city attorney prior to recordation of the final plat. The city shall review such documents to ensure that common areas are properly maintained and that other restrictions required by the city are included.
(12) Variances. The planning commission may authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. Application for a variance shall be submitted in writing by the subdivider, at the time the preliminary plat is filed, for consideration by the planning commission. The variance request shall address the criteria found in Chapter
18.115 CMC. It should also state fully the grounds for the application and all the facts relied upon by the petitioner.
(13) Planned Unit Development (PUD). A planned unit development approved by the planning commission shall not be subject to the provisions of this section, except as identified in Chapter
18.110 CMC, Planned Unit Development (PUD) Conditional Use.
(E) Compliance with Approval.
(1) Requirements Prior to Commencement of Work. Prior to any construction, improvements or land development, the developer shall perform the following:
(a) The developer shall file detailed plans and specifications for all public improvements or land development together with a detailed cost estimate and an estimate of time reasonably necessary to complete such improvements for approval by the city engineer or designee.
(b) These submitted plans shall include a plan for erosion control during construction, which conforms to the standards established by resolution of the city council.
(c) The developer shall enter into a contract with the city of Cornelius to make, install and complete within the time fixed, but in no case more than two years from the date of execution of said contract without written approval by the city engineer and community development director, all improvements in accordance with the approved plans prior to acceptance of the improvements by the city and/or plat recordation. If the developer chooses to bond for said improvements prior to acceptance of the improvements (to allow plat recordation to occur prior to completion of the public improvements), the developer shall cause to be filed with the city recorder a security acceptable to the city manager payable to the city of Cornelius in a principal sum determined from the approved estimate of the costs of said improvements of this section. The security shall assure the performance of the said contract and the completion of the said improvements, free of liens. Notwithstanding any of the above, a security shall be provided for any improvements to be performed within public rights-of-way and/or public easements.
(d) The amount of the security shall be based on an estimate of the cost of the work approved by the city engineer in accordance with the following schedule:
(i) Public and private improvements within public rights-of-way and/or public easements, and all erosion control measures, in conformance with city and Clean Water Services standards, equals 150 percent of cost estimate.
(e) Fees. The fees, deposits and charges to be paid by the subdivider may be established or amended by resolution of the council in accordance with the provisions of CMC §
18.05.080, General Provisions.
(2) Improvement Procedures. All improvements shall conform to the requirements of this chapter and any other improvements standards or specifications adopted by resolution of the city council and shall be installed in accordance with the following procedures:
(a) Improvement work shall not be commenced until plans have been checked for adequacy and approved by the city. To the extent necessary for evaluation of the land division proposal, such plans may be required before approval of the final plat.
(b) Improvement work shall not be commenced until the developer has secured the appropriate development permit. If work has been discontinued for any reason, it shall not be resumed until the city has been notified and consented in writing.
(c) All required improvements shall be constructed under the inspection and to the specifics of the city engineer, adopted Cornelius public works standards, and Cornelius Municipal Code. The city may require changes in typical sections and details if unusual conditions arise during construction to warrant such change in the interests of the city or the developer. Upon acceptance of the required improvements, the city engineer shall notify the developer that the improvements are acceptable as per Cornelius Municipal Code. Acceptance shall be in writing.
(d) All underground utilities, sanitary sewers, storm drains and cable communication system facilities installed in streets shall be constructed prior to the surfacing of such streets. Stubs for service connections for all underground utilities, sanitary sewers and cable communication system facilities shall be placed to such length as will obviate the necessity for disturbing the street improvements when service connections are made.
(e) A map showing all public improvements as built shall be filed with the city engineer upon completion of said improvements.
(3) Improvement Requirements. Improvements to be installed at the expense of the developer are as follows:
(a) Streets.
(i) All streets, including alleys.
(ii) Streets adjacent but only partially within the partition or subdivision.
(iii) The extension of the land division streets to the intercepting paving line of existing streets with which the land division streets intersect.
(iv) Arterial or collector streets which intersect with streets within the development that provide ingress or egress to the development or on which there are traffic impacts reasonably related to the development.
(v) All streets shall be built in accordance with adopted Cornelius public works standards and the adopted Cornelius transportation system plan.
(b) Surface Drainage and Storm Sewer System. Drainage facilities shall be provided within the land division to connect the land division drainage to drainage ways or storm sewers outside the land division. Design of drainage shall be in accordance with adopted Cornelius public works standards and shall allow for the extension of the system to serve other areas.
(c) Sanitary Sewers. Sanitary sewers shall be designed in accordance with adopted Cornelius public works standards and installed to serve the land division and to connect the land division to existing mains.
(d) Water System. Water lines with valves and fire hydrants serving the land division, connecting the land division to city mains, shall be installed in conformance with the adopted Cornelius public works standards. The design and construction by the developer shall take into account provisions for extension beyond the land division and to adequately grid the city system.
(e) Street Trees. Street trees shall be planted along street frontages in accordance with the following:
(i) For all land divisions, the developer shall pay a per tree security to the city. The surety bond shall be based upon the number of trees included in an approved street tree plan.
(ii) Trees shall be planted in accordance with the adopted Cornelius public works standards.
(f) Bike and Pedestrian Ways. Bike and pedestrian ways shall be constructed according to adopted Cornelius public works standards.
(g) Other improvements reasonably related to the impacts of the development which may be required at the partial or total expense of the developer:
(i) Improvement of arterial and collector streets providing primary access to land division streets.
(ii) Signals, traffic control devices, and traffic calming devices.
(iii) Intersection improvements.
(iv) Parks and open space shall be improved as required by the city and appropriate jurisdiction.
(v) Land parcels to be reserved for any special purpose, other than for sale, are to be distinguished from lots intended for sale.
(h) Street Lights. Street lights shall be installed in accordance with adopted Cornelius public works standards.
(i) Curb cuts and driveway installations are not required of the developer but, if installed, shall be according to adopted Cornelius public works standards.
(j) Internal sidewalks or pathways shall be provided to ensure safe and convenient pedestrian circulation throughout the development.
(4) Preliminary Approval. After approval of the preliminary plat in the manner indicated in this section, the subdivider may proceed with the final surveying, and preparation of the final plat.
(5) Final Plat Approval. The community development director shall review the final plat for compliance with the approved preliminary plat. If the community development director determines that the final plat conforms to the approved preliminary plat, the community development director shall so certify and sign the final plat. If the final plat does not conform, it shall be returned to the developer to correct the deficiencies and must be resubmitted for approval within the time established by the community development director.
(a) Supplemental Information – Final Plat. The following data shall accompany the final plat:
(i) A preliminary lot, book title report issued by a title insurance company in the name of the owner of the land, showing all parties having any record title interest in the premises.
(ii) A copy of deed restrictions, including building setback lines, if any are applicable to the subdivision, and a copy of any dedication which required separate documents.
(iii) A certificate by the city engineer certifying that the subdivider has complied with one of the following alternatives:
A. All improvements have been installed in accordance with the requirements of these regulations and with the action of the community development director or the planning commission giving tentative approval of the preliminary plat and a maintenance bond posted with the city as provided in this subsection.
B. An agreement has been executed and assurance of performance posted with the city as provided in this subsection.
(b) In subdivisions that are to be served by community water systems and/or community sewage collecting and treatment systems, a certificate from the Washington County department of public health indicating that these systems have had the necessary official public health clearance and approval by the legally responsible regulating agency.
(c) The following certificates, which may be combined where appropriate:
(i) The final plat shall contain a certificate signed and acknowledged by all parties having any record title interest in the land subdivided.
(ii) An affidavit signed by the engineer or the surveyor responsible for the survey and final map, the signature of such engineer or surveyor to be accompanied by his seal.
(iii) Provisions for all other certifications now or hereafter required by law.
(6) Filing of Final Plat. Approval of the final plat by the city as provided by this regulation shall be conditioned on its prompt recording. The developer shall, without delay, submit the final plat for signatures of other public officials required by law. Approval of the final plat shall be null and void if the plat is not submitted to the Washington County recorder for recordation within 30 days after the date the last required approving signature has been obtained. The city may request developer to provide proof that the developer has submitted the final plat to the Washington County recorder for recordation.
(a) Prior to submittal of any building permit applications the applicant shall provide to the planning department one copy of the recorded final plat signed by all public officials.
(F) Modifications. Changes, alterations or enlargements to previously approved preliminary or final subdivision plats shall require a new request for approval through the Type II process.
(G) Time Limit on Approvals – Submission of Final Plat.
(1) The developer shall submit a final plat, including a survey, within 12 months after approval of the preliminary plat. The community development director may grant time extensions allowing up to 12 additional months for final platting if justifiable cause is shown.
(2) If the community development director has authorized a time schedule for phasing the final platting, that schedule shall apply. The community development director may grant time extensions allowing up to 12 additional months for final platting of each phase if justifiable cause is shown; however, a time extension cannot be granted to allow final platting for any phase to be submitted more than five years from the date the preliminary plat was approved.
(3) If the developer wishes to proceed with the land division and has not submitted the final plat within the required time or approved extensions of time, the developer shall resubmit the preliminary plat to the community development director with appropriate information for reprocessing the request according to the provisions for preliminary plat approval in effect at the time of resubmission.
(H) Appeal of a Decision. Appeal of a decision shall be filed in accordance with CMC §
18.15.090, and the period for filing the appeal shall be 10 days.
(Ord. 696 § 2, 1989; Ord. 695 § 1, 1990; Ord. 810, 2000; Code 2000 § 11.30.24; Ord. 841 Exhs; 1, 2, 2003; Ord. 874 Exh. (1)(B), 2006; Ord. 2016-011 § 1 (Exh. A), 2016; Ord. 2017-01 § 1 (Exh. A), 2017; Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2018-02 § 1 (Exh. A), 2018; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2024-03 § 1 (Exh. A), 2024)