Procedure for Subdividing Property in the Town of Highlands
Definition and Exemptions
No land shall be subdivided without first having a plat filed of such subdivision with the Macon County and/or Jackson County Register of Deeds. All plats for the subdivision of lands shall conform to the requirements of Section 4.4 of the Unified Development Ordinance (UDO). According to the Town of Highlands UDO and the N. C. General Statutes, subdivision is defined as "All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose of sale or building development, whether immediate or future, including all divisions of land involving the dedication of a new street or a change in existing streets." However, the following shall not be included within this definition, nor be subject to the UDO regulations:
A. The combination or recombination of portions of previously subdivided and recorded lots, where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the Town as required by this Ordinance;
B. The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved;
C. The public acquisition by purchase of strips of land for the widening or opening of streets; or
D. The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of the Town, as required by this Ordinance.
E. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. ch. 29.
All other subdivisions of land must follow the process outlined in Section 4.4 of the UDO before they can be recorded by the Register of Deeds, or any lots can be sold.
Procedure
All applications for subdivisions shall be addressed and submitted to the Planning Board and shall be delivered to the office of the Planning and Development Director. The deadline for subdivision applications shall be ten (10) working days prior to the regular monthly meeting of the Planning Board; applications made after that deadline shall not be considered except upon majority vote of the members of the Planning Board at the meeting.
- Preliminary Plat: The Planning Board shall review the preliminary plat for the purpose of making a recommendation to the Board of Commissioners regarding said plat. The Planning Board may recommend revisions which might be required in order for the subdivision to meet the requirements of this Ordinance, as well as such other revisions which are determined to be desirable. Following action on the preliminary plat by the Planning Board (or upon expiration of the period prescribed for review by that Board), the Board of Commissioners shall review the plat for compliance with this Ordinance, taking into consideration the recommendations of the Planning Board. The Board of Commissioners shall take action on the preliminary plat not less than thirty-two (32) days after receipt from the Planning Board, either approving, approving conditionally, or disapproving the plat. Section 4.4 of the UDO
- Improvements Installation or Guarantee: Upon approval of the preliminary plat by the Board of Commissioners, the subdivider may proceed with the preparation of the final plat, and the installation or arrangement for required improvements in accordance with the approved preliminary plat, the requirements of this Ordinance, or any requirements imposed by the Board of Commissioners as a precondition for approving the preliminary plat. Section 10.6 of the UDO
- Final Plat: The subdivider shall submit the final plat to the Planning Board within one (1) year of the date of the Board of Commissioners' approval of the preliminary plat unless an extension was granted, Sec. 4.4.5, Preliminary Plat Review Procedures, Item E. The Planning Board shall review the final plat for the purpose of making a recommendation to the Town Board regarding said plat. Following action on the final plat by the Planning Board (or upon expiration of the period prescribed for review by the Planning Board), the Board of Commissioners shall review the final plat for compliance with this Ordinance, taking into consideration the recommendation of the Planning Board. The Board of Commissioners shall take action on the final plat not less than thirty-two (32) days after receipt from the Planning Board, either approving, approving conditionally, or disapproving the plat.
In the case of small subdivisions, or where no improvements are required, the Planning Board may approve the Preliminary Plat and the Final Plat at a single meeting.
For more information, please contact Town Hall.
The Town's Unified Development Ordinance is accessible through the website. Hard copies are available at Town Hall. Subdivision Applications are also available on the town website. Hard copies are available at Town Hall. The application fee is $500.00. For more information, call the Planning & Development Office at (828) 526-2118.