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Prior to the approval of the final plat, permanent reference points shall have been placed in accordance with the following requirements.
(A) Subdivision corner tie. At least one corner of the subdivision shall be designated by course and distance (tie) from a readily discernible reference marker. If a corner is within 2,000 feet of a U.S. Coast and Geodetic Station or N.C. Grid System coordinated monument, or city coordinated system, then this corner shall be marked with a monument so designated by computed X and Y coordinates, which shall appear on the map with a statement identifying this station or monument to an accuracy of 1:10000. When such a monument or station is not available, the tie shall be made to some pertinent and readily recognizable landmark or identifiable point, physical object, or structure that could not be destroyed.
(B) Monuments. Within each block of a subdivision at least two monuments, designed and designated as control corners, shall be installed. The surveyor shall employ additional monuments if and when required. All monuments shall be constructed of concrete and shall be at least four inches in diameter or square, and not less than three feet in length. Each monument shall have imbedded in its top or attached by a suitable means, a metal plate of noncorrosive material and marked plainly with the point, the surveyor's registration number, the month and the year it was installed, and the word "monument" or "control corner." Monuments shall be set at least 30 inches in the ground, with at least six inches exposed above the ground unless this requirement is impractical.
(C) Property markers. A steel or wrought iron pipe or the equivalent, not less than 3/4 inches in diameter and at least 30 inches in length, shall be set at all corners, except those located by monuments. A marker shall also be set at a point of curve, point of intersection, property corner, point of tangency and reference point unless a monument is placed where necessary.
(D) Accuracy. The allowable angular error of closure and linear error of closure for surveys within the city limits and extraterritorial jurisdiction shall be as follows.
(1) Angular error of closure within the city limits shall not exceed 25 seconds times the square root of the number of angles turned.
(2) Linear error of closure within the city limits shall not exceed one foot per 7,500 feet of perimeter of the lot of land (l:7,500).
(3) Angular error of closure beyond the city limits shall not exceed 30 seconds times the square root of the number of angles turned.
(4) Linear error of closure beyond the city limits shall not exceed one foot per 5,000 feet of perimeter of the land (l:5,000).
(‘58 Code, § 14-10) (Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
Approval of the final plat shall be subject to the subdivider having installed the improvements herein designated or having guaranteed, to the satisfaction of the city, the installation of the improvements. All improvements required herein shall be at the expense of the developer and may not be financed by the city's assessment program.
(A) Street improvements. The following requirements shall apply to all streets within the corporate limits of the city.
(1) Grading and drainage. All streets shall be graded to their full right-of-way width and properly drained of all storm water by the construction of necessary ditches, culverts, and storm sewers. No drainage may be connected to the sanitary sewer system. Finished grades of street centerline, ditches, culverts, and storm sewers, including street cross sections, shall be approved by the City Engineer.
(2) Paving. Road base and paving shall be installed in accordance with the city specifications and standards, to a minimum width of 20 feet wide paving.
(3) Where any street of a subdivision is a continuation of an existing curb and guttered street, a continuation of the curb and gutter is required on all lots abutting that street.
(B) Sidewalks shall be installed as required in Chapter 92 and in accordance with city specifications and standards.
(C) Utilities. All lots shall be served by water distribution lines, necessary fire hydrants, and sanitary sewers, as designed by a registered professional engineer according to city standards and specifications, and approved by the City Engineer. Should private water or sewerage systems be provided, they shall meet the requirements of the North Carolina Division of Health Services.
(D) Guarantee of improvements. Where all the required improvements, excluding erosion and stormwater control improvement, 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 providing a performance guarantee for the installation of the improvements in one of the following methods.
(1) Bond. Filing a performance or surety bond in an amount to be determined by the city, equal to the estimated cost of completion of approved improvements or not exceeding 120% of estimated costs.
(2) Letter of credit for the estimated cost of completion, issued by any financial institution licensed to do business in this state.
(3) Cash deposit. Depositing or placing in escrow a certified check or cash in an amount to be determined by the city equal to the estimated cost of completion of approved improvements or not exceeding 120% of estimated costs. Portions of the security deposit may be released as work progresses.
(4) Agreement. Entering into an agreement with the city guaranteeing the completion of the required work, the agreement to be binding on subsequent purchasers of the property, and to be recorded at the option of the city. The agreement shall provide that satisfactory security be furnished guaranteeing the completion of the necessary improvements before each section is developed.
(E) Amount of performance guarantee. The amount of the performance guarantee shall not exceed 120% of the reasonably estimated cost of completion at the time the performance guarantee is issued. The local government may determine the amount of the performance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include 100% of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional 20% allowed under this division includes inflation and all costs of administration regardless of how such fees or charges are denominated. The amount of any extension of any performance guarantee shall be determined according to the procedures for determining the initial guarantee and shall not exceed 120% of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.
(F) Duration. The duration of the performance guarantee shall initially be one year, unless the developer determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration.
(G) Extension. A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of the local government, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period. An extension under this division shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall be determined by the procedure provided in division (D)(3) of this section and shall include the total cost of all incomplete improvements.
(H) Release. The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgement by the local government that the improvements for which the performance guarantee is being required are complete. The local government shall return letters of credit or escrowed funds upon completion of the required improvements to its specifications or upon acceptance of the required improvements, if the required improvements are subject to local government acceptance. When required improvements that are secured by a bond are completed to the specifications of the local government, or are accepted by the local government, if subject to its acceptance, upon request by the developer, the local government shall timely provide written acknowledgement that the required improvements have been completed.
(I) Legal responsibilities. Performance guarantees shall only be used for satisfactory completion of required improvement, not repairs or maintenance after completion. No person shall have or may claim any rights under or to any performance guarantee provided pursuant to this section or in the proceeds of any such performance guarantee other than the following:
(1) The local government to whom the performance guarantee is provided.
(2) The developer who requested the performance guarantee.
(3) The person or entity issuing the performance guarantee for developer.
(‘58 Code, § 14-1l) (Am. Ord. 94-20, passed 9- 19-94; Am. Ord. 16-48, passed 11-21-16; Am. Ord. 19-26, passed 8-5-19; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
In the adoption of this chapter, the City Council and Planning Board recognize that under the General Statutes it may not be mandatory that a subdivision located beyond the city limits shall comply with the requirements set forth in this chapter as a condition precedent for final approval of a plat of the subdivision. However, unless the requirements are complied with, the city will not extend its water or sewer mains to any such subdivision or permit any connection thereto.
(‘58 Code, § 14-12) (Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-06, passed 2-19-24)
A simple free-hand sketch plan shall be drawn at an approximate scale of 200 feet to one inch, and shall show the tentative street layout, approximate rights-of-way widths, lot arrangements, drainage and utility easements, sites for schools, parks, churches and the like, existing structures, watercourses, wooded areas, approximate number of acres devoted to each use, total acreage, average lot size, approximate number of lots, and existing zoning.
(‘58 Code, § 14-13) (Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
The preliminary plat shall be at a scale of 100 feet to one inch and will be drawn on a sheet 14 inches by 18 inches or 18 inches by 24 inches, or any other size acceptable to the Register of Deeds of Stanly County. The preliminary plat shall be prepared by a registered surveyor or engineer and shall show the following.
(A) The location of existing and platted property lines, streets, buildings, watercourses, railroads, transmission lines, sewers, bridges, culverts, and drainpipes, water mains, city limit lines, and any public utility easements.
(B) Boundaries of tract shown with bearings, distances, and closures.
(C) Wooded areas, marshes, and any other physical condition affecting the site.
(D) Names of adjoining subdivision or property owners.
(E) Zoning classification, if any, both on the land to be subdivided and on adjoining lands.
(F) Proposed streets, street names, rights-of-way, pavement widths, and approximate grades.
(G) The location (layout) of proposed utilities (sewer, water, gas, electricity), showing connections to existing systems or location plans for individual water supply, sewage disposal, storm drainage, and the like.
(H) Other proposed rights- of-way or easements, location, widths, and purposes.
(I) Proposed lot lines, lot and block number, and approximate dimensions.
(J) Proposed minimum building setback lines.
(K) Proposed parks, school sites, or other public open spaces, if any.
(L) Title, date, north point, and graphic scale.
(M) Name of owner, surveyor, engineer, or land planner.
(N) Site data.
(1) Acreage in total tract.
(2) Acreage in park or other land usage.
(3) Average lot size.
(4) Total number of lots.
(5) Lineal feet in streets.
(O) Sketch vicinity map showing relationship between subdivision and surrounding area.
(P) Forms for preliminary certification. The following certificates shall be lettered or rubber stamped on the preliminary plat. Plat shall include additional certifications from any other parties as deemed necessary by the Subdivision Administrator.
(1) Certificate of accuracy. (As required under G.S. 47-30, as amended.)
Date Engineer or registered surveyor
(2) Certificate of ownership and dedication. I (We) hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of subdivision with my (our) free consent, establish minimum building lines, and dedicate all streets, alleys, walks, parks, and other sites to public or private use as noted. Further, I (we) certify the land as shown hereon is within the planning jurisdiction of the City of Albemarle, North Carolina.
Date Owner Date Owner
(3) Certificate of approval by the Planning Board. I, , chairman of the Planning Board, hereby certify that the said board fully approved the preliminary plat of the subdivision entitled , on the day of , 20 .
Date Chairman
Following its approval, final plat(s) may be recorded and City Council shall accept the dedication of streets, easements, rights-of-way and public parks and other sites for public purposes, as shown hereon, but assume no responsibility to open or maintain the same until, in the opinion of the City Council of the City of Albemarle, it is in the public interest to do so.
Date City clerk
(‘58 Code, § 14-14) (Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-06, passed 2-19-24)
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