§ 66-3. Plat preparation and approval.
(a)
Register of deeds. From and after the date of the adoption of this chapter no subdivision plat shall be filed or recorded in the office of the register of deeds of the county until it shall have been submitted to and approved by the board of commissioners of the town according to the procedure provided for in this chapter, and such approval entered in writing on the plat by the town clerk. The register of deeds shall not file or record a plat of a subdivision of land located within the jurisdiction of this chapter which has not been approved in accordance with these provisions. The owner of land shown on a subdivision plat submitted for recording or his authorized agent shall sign a statement on the plat stating whether or not any land shown thereon is subject to the jurisdiction of this chapter.
(b)
Penalties for transferring lots in unapproved subdivisions. Any person who, being the owner or agent of any land located within the platting jurisdiction of this chapter who transfers or sells such land or any part thereof or lot therein by reference to a plat showing a subdivision of such land before such plat has been approved by the legislative body and recorded in the office of the register of deeds, or any such person who sells or transfers a part of a lot in such unrecorded subdivision shall be guilty of a misdemeanor, and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties. The town, through its town attorney or other official designated by the legislative body, may enjoin such transfer or sale or cause the same to be set aside by action for injunction, abatement or mandamus.
(c)
No service or permit until final plat approval. No street shall be accepted and maintained by the town, nor shall any street lighting, water, or sewer be extended to or connected with any subdivision of land nor shall any permit be issued by any administrative agency or department of the town for the construction of any building or other improvements requiring a permit unless and until the requirements set forth in this chapter have been complied with and the same approved by the board of commissioners and other agencies involved.
(d)
Sketch design plan. Before an application for approval of the preliminary plat is filed, the subdivider shall be required to submit to the planning board through the administrator of this chapter (see section 66-5(a)) a sketch plan of the proposed subdivision. The sketch plan should be drawn at a scale of one inch to 100 feet and contain or be accompanied by the following information:
(1)
The name and address of the owner and the subdivider;
(2)
A vicinity sketch showing the relationship of the subdivision to surrounding properties;
(3)
Existing conditions of the site including streets, roads, watercourses, rights-of-way, easements, and structures;
(4)
Total acreage in the tract; and
(5)
The tentative arrangement of rights-of-way, easements, lots and sites to be dedicated for schools, churches, parks, etc., if any.
The planning board shall review the sketch plan for general compliance with the requirements of this chapter and advise the subdivider through the administrator as to the regulations which pertain to the proposed development and the procedure the subdivider shall follow in preparing and submitting a subdivision plat. The subdivider or his representative should utilize this opportunity to informally discuss plans for development of the proposed subdivision with the planning board.
(e)
Preliminary plat. The subdivider shall submit ten black or blue line prints of the preliminary plat and any supplementary material to the planning board, through the administrator of this chapter, at least 15 working days prior to the next regular meeting of the planning board at which the preliminary plat is to be considered.
(1)
Requirements. The preliminary plat shall meet all of the requirements set forth in section 66-3(b).
(2)
Review by government agencies. It shall be the responsibility of the administrator of this chapter to ensure the following agencies are given an opportunity to review and make recommendations on the preliminary plat:
a.
The district highway engineer as to proposed streets, highways and drainage systems;
b.
The county health department as to proposed water and sewerage systems; and drainage systems;
c.
The county or city, board of education as to proposed school sites, if applicable;
d.
The Department of Natural and Economic Resources, Office of Water and Air Resources and the Corps of Engineers, Department of the Army, if the proposed development affects streams or waterways subject to the regulations of these agencies;
e.
Such other agencies and officials as the board of commissioners may deem necessary or desirable.
(3)
Planning board and board of commissioners action. The planning board shall review the preliminary plat at its next regular meeting after the preliminary plat has been properly submitted in writing. The planning board shall have 45 days after its regular meeting in which to take action to approve, disapprove or conditionally approve the preliminary plat. Unless stipulation for additional time is agreed to by the subdivider and if the planning board fails to take action in the allotted time, the preliminary plat shall be deemed approved by the planning board.
a.
If the preliminary plat is approved, the approval shall be noted on two prints of the plat by the chairman of the planning board.
b.
In case of conditional approval, the reasons for conditional approval and the conditions to be met shall be specified in writing. The planning board may require the subdivider to submit a revised preliminary plat including the recommended changes before approving the plat.
c.
Upon approval or conditional approval of the preliminary plat by the planning board, the two noted prints of the plat shall be forwarded to the board of commissioners for review. If the board of commissioners concurs in the planning board's action, a notation to that effect shall be noted on the plats. One copy shall be forwarded to the developer and the other copy shall be returned to the planning board. If the board of commissioners does not concur in the planning board's action, it shall prepare a memorandum of its reasons and return the plats to the planning board for further consideration and appropriate further action.
d.
When a preliminary plat is disapproved, the planning board shall specify the reasons for such action in writing. One copy of such reasons and one print shall be retained by the planning board, and a print of the plat with the reasons for disapproval shall be given to the subdivider. If the preliminary plat is disapproved, the subdivider may make the recommended changes and submit a revised preliminary plat.
e.
Development in stages. When a subdivision is to be developed in stages, the preliminary plat shall be submitted for the entire development. A final plat may be submitted for each stage and so developed in a plan to satisfy all permits.
(f)
Final plat. The subdivider shall submit a final plat, constituting that portion of the approved preliminary plat that he proposes to record and develop, within 12 months after approval of the preliminary plat. Otherwise, such approval of the preliminary plat shall become null and void unless an extension of time is applied for and granted by the administrator. The subdivider shall submit ten black or blue line copies of the final plat, and one reproducible drawing, through the administrator of this chapter, not less than 15 working days prior to the regular meeting of the planning board at which the plat is to be considered.
(1)
Completion of improvements or bond required. No final plat shall be approved until all required improvements are installed. Where the required improvements have not been completed prior to the submission of the plat for final approval, the approval of the plat shall be subject to the subdivider guaranteeing the installation of the improvements. Such guarantee shall be issued to the town in an amount equal to 150 percent of the estimated cost of the improvements and shall be in the form of cash, irrevocable letter of credit, or negotiable securities (at 125 percent of market value) placed in escrow or a completion or surety bond executed by a company duly licensed to do business in the state.
(2)
Final plat requirements. The final plat shall conform to the preliminary plat as it was approved, and shall comply specifically with the provisions of G.S. 47-30. Also, a topographical map with two-foot contours from sea level datum plan shall be submitted. The final plat shall be prepared by a registered surveyor and/or engineer, and shall be drawn at a scale of not less than one inch to 100 feet, and shall contain or be accompanied by the following information:
a.
The names of the subdivision, the owner, and the subdivider, and the name of the surveyor or engineer preparing the final plat as well as the date, north point, and graphic scale;
b.
The exact boundary lines of the tract fully dimensioned by bearings and distances, the names and locations of all adjoining subdivisions and unsubdivided property, the accurate location and descriptions of all monuments, markers, and control points, sufficient engineering data to determine readily and reproduce on the ground every straight or curved boundary line, street line, lot line, right-of-way line, easement, and building setback line including distances, bearing, and radii, length, and central angles of curved lines, the location areas to be used for parks, churches, etc., if any, blocks alphabetized consecutively and lots numbered consecutively throughout each block, and any other information considered by the subdivider, planning board or town commissioners to be pertinent to the review of the final plat; and
c.
A certificate of ownership, dedication, and jurisdiction (signed), a certificate of accuracy of mapping (signed), a certificate of planning board approval (unsigned), certificate of approval of the board of commissioners (unsigned).
(3)
Planning board action. The planning board shall discuss the final plat at its next regular meeting after the final plat has been properly submitted in writing. The planning board shall have 45 days after its regular meeting in which to take action on the final plat. Unless a stipulation for additional time is agreed to by the subdivider, failure of the planning board to take action in the allotted time shall be deemed approval of the final plat by the planning board. The planning board shall review the final plat for compliance with the requirements of this chapter and any other specifications which were agreed upon at the time of the review of the preliminary plat. If substantial errors are found, any costs for correction shall be paid by the subdivider. The planning board shall approve or disapprove the final plat.
a.
If the final plat is approved, the approval shall be indicated on the appropriate certificate on the final plat, and it shall be forwarded to the board of commissioners for final approval.
b.
If the final plat is disapproved by the planning board, the reasons for such action shall be stated in writing. The reasons for disapproval shall refer specifically to those parts of this chapter, other statutes or practices with which the plat does not comply. One copy of such reasons with the original drawing and remaining prints of the proposed subdivision shall be transmitted to the subdivider. The subdivider shall then make the required changes and submit a revised final plat to the planning board.
(4)
Action on final plat. The board of commissioners shall take action on the final plat at its first regular meeting following the approval of the final plat by the planning board. The board of commissioners shall approve or disapprove the final plat.
a.
If the final plat is approved, the approval shall be indicated on the appropriate certificate on the final plat. The subdivider shall file the approved plat with the register of deeds within 90 days after the approval of the board of commissioners or such approval shall be void.
b.
If the final plat is disapproved by the board of commissioners, the reasons for such action shall be stated in accordance with the provisions of this section. The reasons for disapproval shall refer specifically to those parts of this chapter other statutes or practices with which the plat does not comply. One copy of such reasons with the original drawing and remaining prints of the proposed subdivision shall be transmitted to the subdivider. The subdivider shall then make the required changes and submit a revised final plat to the planning board for its review before reconsideration by the board of commissioners.
(5)
Approval not to constitute acceptance. The approval of a final plat pursuant to the regulations adopted under this chapter shall not be deemed to constitute or affect the acceptance by the town, a governmental unit or public body of the dedication of any street or other ground, public utility line, or other public facility shown on the plat.
(Code 2001, § 20-3(a)—(f); Ord. of 5-6-1980, §§ 3.1—3.7)