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Subdivision/Multi-Use
II. Subdivision Access Approval Process
C. Subdivision Access Approval
- Yadkin will determine whether to issue approval of the proposed subdivision access based on its review of the application package and, where applicable, FERC’s response. Yadkin’s determination will be based, in part, on the following criteria:
- The proposed subdivision access and the applicable subdivision covenants are consistent with Yadkin’s requirements for shoreline development and will satisfy the 100-foot forested setback requirement outlined in the Stewardship Policy.
- The proposed subdivision access will not adversely impact the reservoir and shoreline environment, or the developer has proposed measures to adequately mitigate any adverse environmental impacts.
- The proposed subdivision access will not adversely impact any significant cultural resources located in the reservoirs or along its shoreline, or the developer has proposed measures to adequately mitigate any adverse impacts to cultural resources.
- The proposed subdivision adequately addresses safety impacts and will not unduly impede or restrict public use of, or access to, the Project reservoirs.
- Lots in the subdivision for which the developer anticipates private or shared piers will meet Yadkin’s minimum requirements for lot width, water depth, and cove width.
- The proposed subdivision access EA has been reviewed by federal and State resource agencies and the reviewing agencies have indicated that they have no concerns or that their concerns have been adequately addressed by the developer.
- In the case of proposed subdivisions with any aspect that requires prior FERC notice or approval, Yadkin finds acceptable any requirements or conditions imposed by FERC.
- Yadkin reserves the right to make case-by-case determinations in situations that are not explicitly covered by these Procedures.
- As stated in Section I.B., the subdivision access approval process is a procedure whereby Yadkin, or in certain cases, FERC, determines whether the requirements of Yadkin’s FERC license are met as they relate to the effect of the reservoir access anticipated for the subdivision on the reservoir and adjoining shoreline. Included in this determination is a final decision, with respect to lot width, water depth and cove width only, as to whether certain lots adjacent to the reservoir shoreline are eligible for a private pier. Although the determination is subject to being revoked for failure to conform to the Stewardship Policy or other permitting requirements existing at the time the private access approval is granted, or by supervening regulatory authorities that are not within Yadkin’s control, it is unaffected by changes in ownership of the individual lots.
- If Yadkin decides to approve the proposed subdivision access, Yadkin will issue the developer a written approval. This approval will contain a list of lots within the subdivision that Yadkin has determined meet Yadkin’s current requirements for minimum lot width, water depth, and cove width. Aside from this subdivision access approval (constituting a current statement of eligibility for a private pier from an environmental and recreational perspective), Yadkin can offer no assurances regarding future changes in environmental and recreational requirements or the effect of such changes on private pier eligibility, including Yadkin’s or FERC’s discretion under the Federal Power Act to continue to permit such facilities.
- After Yadkin has approved the proposed subdivision access, Yadkin will begin processing private pier applications. Individual lot owners must apply for a construction permit and then a private recreation facility permit, and must comply with the Stewardship Policy and the Specifications.
- The primary sanctions for failure by the lot owner to comply with any of the Stewardship Policy requirements, including the 100-foot forested setback requirement, include the loss of eligibility for a private recreation facility permit and use of, or private access across, the Yadkin-Managed Buffer. Yadkin will also require corrective action including but not limited to restoration and/or mitigation. For enforcement details, see Section VII.
- In the subdivision access approval letter, Yadkin will also provide a list of lots that are not considered eligible for private or shared piers, along with an explanation of why these lots are not eligible.
- The subdivision developer is responsible for laying-out the proposed subdivision such that all lots can meet the 100-foot forested setback requirement. Yadkin will only grant setback variances where compliance with the 100-foot forested setback requirement would render a particular lot unbuildable2. If any individual lot is denied pier eligibility because the lot is not sufficiently sized to meet the required 100-foot forested setback, a developer may apply to Yadkin for a setback variance for that lot. In those instances, Yadkin expects the number of variances granted within a given subdivision will not exceed 5% of the total number of lots. Yadkin will grant no variances for failure to satisfy minimum water depth, lot width, and cove width requirements.
- If Yadkin denies the subdivision access application, a written statement will be mailed to the applicant stating the reasons for denial. An applicant may reapply for subdivision access approval at any time. An applicant can also request a meeting with Yadkin to discuss the reasons for application denial and steps, if any, that the applicant may take to improve the application.
(2)An unbuildable lot is defined as a lot which cannot otherwise accommodate a three-bedroom house of 1,800 square feet. A developer is responsible for platting the subdivision so as to minimize the number of unbuildable lots.
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