The City of Hickory's Land Development Code contains provisions for three types of subdivisions, which are defined below:
Statutory Exemptions: The subdivision of property is exempt from the city's subdivision regulations by state statute (§160A-376) in the following instances:
- The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots comply with all applicable lot size standards.
- The division of land into parcels greater than 10 acres where no street right of way dedication is involved.
- The public acquisition, by purchase, of strips of land for the widening or opening of streets.
- The division of a tract in single ownership whose entire area is no greater than 2 acres into not more than 3 lots, where no street right of way dedication is involved and where the resultant lots comply with all applicable lot size standards.
Citizens wishing to subdivide or combine property in any of the above instances are recommended, but not required to have a plat drawn up by a private, licensed surveyor illustrating the changes. If a plat is drawn, one mylar and one paper copy of the plat should be brought to the Planning and Development Department for review. After the plat is reviewed and approved, it should be recorded at the local Register of Deeds office. The local tax department may also require an accompanying deed, before changes will be made to the tax maps. For more information, please contact the Planning Department at (828) 323-7422.
Minor Subdivision: A subdivision meeting all of the following criteria:
- Creating lots fronting on an existing public street;
- Not creating any new street or prospectively requiring any new street for access to interior property;
- Not requiring extension of public sewerage or waterlines or creating of new drainage easements through lots to serve property at the rear;
- Not adversely affecting the development of the remainder of the parcel or adjoining property
- Creating no new or residential parcels not conforming to the requirements of the Land Development Code and related controls.
Citizens wishing to propose a minor subdivision must have a plat drawn up by a private, licensed surveyor illustrating the changes. One mylar and one paper copy of the plat must be brought to the Planning and Development Department for review. After the plat is reviewed and approved, it should be recorded at the local Register of Deeds office within sixty (60) days. New deeds for the properties will need to be brought to the local tax department and Register of Deeds as well. A receipt of recordation should be brought to the Planning Department for city recordkeeping. For more information, please contact the Planning Department at (828) 323-7422.
Major Subdivision: Any other type of subdivision is defined as a major subdivision. Major subdivisions require interdepartmental review and approval of both a preliminary plan and a final plan.
Major subdivision preliminary plans are reviewed by the City of Hickory to ensure all required infrastructure and other required improvements are provided for and engineered in compliance with the City of Hickory's specifications. Upon the approval of a preliminary plan, the developer of the subdivision is permitted to begin the construction and installation of the required and/or necessary infrastructure, or the developer may submit a performance guarantee that satisfactorily covers the required and/or necessary infrastructure. The checklist at the bottom of this webpage lists the requirements for preliminary plans.
The City of Hickory generally requires six (6) sets of full construction drawings, along with twenty (20) plans/plats. Upon completion of the required necessary infrastructure or the submission of a performance agreement the developer may apply for final plan approval. In order to obtain final plan approval, if not covered by a performance guarantee, all infrastructure must be installed, inspected and found to be in conformance with City specifications.
Prior to submission of any subdivision application and/or plat the applicant should do the following:
- Contact the Planning and Development Department to discuss the type of subdivision request and to set up a time to meet with a staff member to review this request.
- The applicant should consult with the North Carolina Department of Transportation (NCDOT) regarding any driveway connection permit requirements to any state maintained roadways.
- If after meeting with staff you feel that you would like to pursue your subdivision request, then an application may be completed and submitted. The applications for major subdivision preliminary plans must be made by the last regular working day of the month in order for the proposal to be considered by the City's review committee the following month.
- If the applicant is not the owner of the property a written verification from the property owner indicating that they are aware of the request being made must be provided.
- Requests for major subdivision preliminary plans will be scheduled for a review meeting by the City's review committee, who will make a final decision regarding the subdivision request.
- In the event a subdivision request is denied by the Planning and Development Department (minor subdivisions) or the City's Development Review Committee (major subdivision preliminary plans), the applicant has 30 days to appeal the decision to City Council.
Minor subdivisions are reviewed in conformance with the following review criteria:
- The plat complies with the standards of the Land Development Code;
- The plat indicates that all subject lots will have frontage on existing approved streets;
- New or residual parcels will conform to the requirements of the Land Development Code and other applicable regulations;
- No new streets are required or are likely to be required for access to interior property;
- No drainage or utility easements will be required to serve interior property;
- No extension of public sewerage or water lines will be required;
- The proposed subdivision will not adversely effect permissible development of the remainder of the parcel or of adjoining property;
- Appropriate right-of-way for widening has been offered for reservation or dedication where the lots front on an existing approved street indicated in the official thoroughfare plan as intended for widening. In general, such right-of-way offered for dedication or reservation shall be adjacent to the existing right-of-way, and of such width as to provide a total of half of the projected right-of-way width indicated on the street plan, as measured from the center of the existing street provided, however, that in cases of projected changes in the alignment of the centerline, greater or lesser amounts may be required as appropriate. In no case shall right-of-way offered for dedication for such purposes be required to be more than an average of 25 feet in width;
- All necessary drainage easements have been provided and storm water management as required by the Land Development Code.
For additional information, please call the Planning Department at (828) 323-7422.