§ 153.34  MAJOR SUBDIVISION PROCEDURE.
   (A)   Sketch design plan.
      (1)   Prior to submitting a preliminary plat, the subdivider shall prepare and submit to the Subdivision Administrator, a sketch design plan of the proposed subdivision. At this meeting, the subdivider should explain his or her plan, answer questions about it, and advise the Subdivision Administrator of any variations from these subdivision regulations. This procedure does not require an application or a fee.
      (2)   The sketch design plan should be drawn at a scale of approximately one inch to 100 feet or otherwise agreed upon scale and should show:
         (a)   Street rights-of-way, public or private, including street names;
         (b)   Other rights-of-way and easements;
         (c)   Lot lines, watercourses, building, and the like;
         (d)   Sites, if any, for schools, churches, parks, and the like;
         (e)   Site data:
            1.   Acreage in tract;
            2.   Approximate acreage for public use, including streets; and
            3.   Number of lots proposed.
         (f)   Sketch vicinity map showing relationship between subdivision and surrounding area.
   (B)   Preliminary plat.
      (1)   The subdivider shall submit 12 copies of the preliminary plat and any supplementary material to the Subdivision Administrator at least 21 days prior to the regularly scheduled Planning Board meeting at which the plat is to be considered by the Planning Board.
      (2)   The preliminary plat shall be at a scale of 100 feet to one inch or larger or otherwise agreed upon scale. The preliminary plat will show the following:
         (a)   Proposed name of subdivision;
         (b)   The location of existing and platted property lines, streets, open ditch or watercourses, railroads, transmission lines, sewers, bridges, culverts, and drainpipes, and approximate location of water mains, city and county lines (if adjoining), and any public utility easements;
         (c)   Boundaries of tract shown with bearings and distances;
         (d)   Names of adjoining property owners or subdivisions;
         (e)   Land use plan classification, if any, both on the land to be subdivided, and on adjoining land;
         (f)   Proposed streets, public or private, street names, rights-of-way, and pavement widths;
         (g)   Other proposed rights-of-way or easements, locations, widths, and purposes;
         (h)   Proposed lot lines, lot and block numbers, and approximate dimensions. Lot numbers should be in sequence;
         (I)   Proposed minimum building setback lines;
         (j)   Proposed parks, school sites, other public open spaces, if any;
         (k)   Title, date, north point, and graphic scale;
         (l)   Name of owner, registered land surveyor, or engineer, if applicable;
         (m)   Site data:
            1.   Acreage in total tract;
            2.   Acreage in each land usage;
            3.   Average lot size;
            4.   Total number of lots; and
            5.   Lineal feet in streets.
         (n)   Sketch vicinity map showing relationship between a subdivision and the surrounding area.
      (3)   The preliminary plat shall be checked against the design standards and plat requirements of these regulations by the County Planning Board. The Subdivision Administrator shall provide the following agencies an opportunity to review and make recommendations concerning the proposed subdivision plat before approval is given:
         (a)   The District Engineer of the State Department of Transportation as to proposed streets, highways, and drainage system;
         (b)   The County Health Director as to proposed water and sewerage systems; and
         (c)   Such other agencies and officials as the Planning Board may deem necessary or desirable.
      (4)   (a)   The subdivider, developer, or his or her agent, shall attend the Planning Board meeting at which his or her preliminary plat is to be considered by the County Planning Board.
         (b)   The Planning Board shall discuss with the subdivider, developer, or his or her agent, changes deemed advisable, if any, and the kind and extent of improvements to be made by him or her.
      (5)   The Planning Board shall approve or disapprove the preliminary plat.
         (a)   Approval of the preliminary plat is authorized for the subdivider to proceed with the construction of improvements in preparation for submission of the final plat.
         (b)   If the Planning Board should disapprove the preliminary plat, the reasons for such action shall be stated and recommendations made on the basis of which the proposed subdivision would be approved.
         (c)   Failure on the part of the Planning Board to act within 60 days after the preliminary plat is first considered at a regular meeting of the Planning Board shall be deemed approved.
      (6)   When a subdivision is to be developed in stages, the preliminary plat shall be submitted for the entire development. A final plat shall be submitted for each stage. The first final plat shall be submitted within 12 months after approval of the preliminary plat; otherwise, the preliminary plat shall become null and void, unless an extension of time is applied for and granted by the Planning Board.
   (C)   Final plat.
      (1)   After the improvements shown on the approved preliminary plat have been installed, or guaranteed, for the whole or portion of a subdivision, the applicant shall submit a final plat of the area covered by such improvements. The final plat shall be prepared by a land surveyor or professional engineer registered to practice in the state, and such registration shall be notarized on the final plat. All final plats to be recorded by the County Register of Deeds shall be probated and shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G.S. § 47-30 as amended, and the Standards of Practice for Land Surveying in the state. No changes shall be made in the approved final plat without the review and approval of the Planning Board. Minor changes must be approved by the Subdivision Administrator. Major changes, as deemed by the Subdivision Administrator shall be approved by the Planning Board.
      (2)   Twenty-one days prior to the next regularly scheduled meeting of the Planning Board, the subdivider shall submit to the Subdivision Administrator 12 paper print copies and one final plat suitable for reproduction. The final plat shall be accompanied by a check made payable to the county to cover costs associated with plat review and filing costs.
      (3)   The final plat shall be drawn at a scale of 100 feet to one inch or larger or an agreed upon scale, on a sheet 18 by 24 inches. The final plat shall conform substantially to the preliminary plat as approved and shall constitute only that portion of the approved preliminary plat that the subdivider proposes to record and develop at the time.
      (4)   The final plat will show:
         (a)   The name of the subdivision;
         (b)   The location of existing and platted property lines, streets, open ditch or watercourses, railroads, transmission lines, sewers, bridges, culverts, and drainpipes, and approximate location of water mains, city and county lines (if adjoining), and any public utility easements;
         (c)   The lines and names of all streets and roads;
         (d)   Minimum building setback lines;
         (e)   Floodplains (including FIRM map number and panel);
         (f)   All reservations, easements, alleys, and any areas to be dedicated to public use or sites other than for residential use with notes stating their purpose and any limitations;
         (g)   Sufficient data to determine readily and to reproduce on the ground, the location, bearing, and length of every street line, whether curved or straight, and including suitable north reference. This should include the radius, center angle, and curved property lines that are not the boundary of curved streets;
         (h)   All dimensions should be to the nearest one-hundredth of a foot and angles to the nearest minute;
         (i)   Accurate location and description of all monuments and stakes;
         (j)   The names and locations of adjoining subdivisions, and streets, and the location and ownership of adjoining unsubdivided property;
         (k)   Title, date, name, and location of subdivision, and graphic scale;
         (l)   The ratio of precision as calculated by latitudes and departures before any adjustments, must be shown;
         (m)   Name of owner and of registered land surveyor;
         (n)   Sketch vicinity map showing relationship between subdivision and surrounding area; and
         (o)   The following certificates, where applicable, shall be placed on the final plat.
 
I (We) hereby certify that I am (we are) the owner(s) of the property shown and described hereon which was conveyed to me (us) by deed recorded in Book ___, Page ___ , and that I (we) hereby adopt this plan of subdivision as required by this ordinance, establish the minimum building lines, and dedicate all streets, alleys, walks, parks, drainage ways, and other open spaces to public or private use as noted. Further, I (we) certify that the land as shown hereon is within the subdivision regulations jurisdiction of Beaufort County.
   _____________________
   Owner(s)
 
   _____________________
   Date
 
I______, certify that this plat was drawn under my supervision from (an actual survey made under my supervision) (deed description recorded in Book___, Page___, (and the like) (other); that the boundaries not surveyed are shown as broken lines plotted from information found in Book___, Page____, that this plat was prepared in accordance with G.S. § 47-30 as amended. Witness my original signature, registration number, and seal this___day of____, A.D., 20__.
 
   _____________________
   Surveyor
 
   _____________________
   Registration Number
 
 
I hereby certify that the subdivision entitled _______________ consists of___lots, of which ___are specified as building lots served by individual septic tank systems. Each building lot was provided with proper application, evaluation, and improvements permit for an individual septic tank system pursuant to the general statutes of North Carolina and shall be valid for a period prescribed by current rules and subject to the conditions set forth on the improvements permit. This certification does not constitute “Blanket Approval” of all lots in the subdivision.
   _____________________
   Beaufort County Health Director or
   designee who shall be an authorized agent of the state
 
   __________________________________________
   Date
 
Certification that private streets and roads meet the construction standards of this ordinance, signed by the subdivider’s engineer or surveyor.
 
Public subdivision streets and roads Construction Standards Certification signed by the District Highway Engineer.
 
I hereby certify that the subdivision depicted hereon has been granted final approval pursuant to the Beaufort County Subdivision Regulations.
 
   _____________________
   Chairperson, Beaufort County Planning Board
 
   _____________________
   Date
 
I hereby certify that streets, utilities, and other improvements have been installed in an acceptable manner and according to County specifications in the subdivision entitled__________, or that a security bond or irrevocable letter of credit in the amount of $____ has been posted with Beaufort County to ensure the installation thereof.
 
   _____________________
   County Manager
 
   _____________________
   Date
 
As owner of_____Subdivision, I certify that lot(s)____are not intended for development at this time. If these are developed they will be subject to all applicable wastewater regulations in effect at that time.
 
   _____________________
   Owner(s)
 
   _____________________
   Date
 
 
I certify that the____________subdivision, has requested the City/Town of ______ to accept wastewater for___lots in the subdivision. The City/Town of______has adequate capacity and agrees to accept wastewater from this subdivision.
 
   _____________________
   Mayor or Authorized
   Representative
 
   _____________________
   Date
 
The______ subdivision has acquired a permit to install privately operated wastewater system for the _____ lots proposed for this subdivision. I have reviewed the plans for this wastewater system and certify that it is adequate for the proposed subdivision.
 
   _____________________
   Registered Professional Engineer
 
   _____________________
   Date
 
I, __________ Registered or Professional Land Surveyor, certify to one or more of the following:
 
a.   That the survey creates a subdivision of land within the area of a county or municipality that has an ordinance that regulates parcels of land;
 
b.   That the survey is of an existing parcel of land;
 
c.   That the survey is of another category, such as recombination of existing parcels, a court-ordered survey, or exception to the definition of subdivision; or
 
d.   That the information to the surveyor is such that the surveyor is unable to make a determination to the best of his or her professional ability as to provisions contained in (a) through (c) above.
 
   ____________________________
   Registered or Professional Land Surveyor
 
 
      (5)   In order for the Planning Board to approve the final plat, all of the above certificates with the exception of 20,f., must be properly signed and dated to the satisfaction of the Planning Board.
      (6)   The subdivider, developer, or his or her agent, shall attend the Planning Board meeting at which his or her final plat is to be considered to answer any questions the Planning Board may have.
      (7)   Within 45 days of submission, the final plat shall be reviewed by the Planning Board for compliance with the approved preliminary plat. The Planning Board may appoint an engineer or surveyor to check the final plat against the subdivision’s actual layout for correctness, charging the costs to the subdivider if the plat is found to be in error.
      (8)   If the final plat is in compliance with this chapter, or the Planning Board approves the changes made from the approved preliminary plat, the Planning Board shall approve the final plat. This approval shall be noted on the original and two copies of the final plat. The original shall be returned to the subdivider. One copy shall be transmitted to the County Health Department and one copy shall be retained for the permanent files of the Planning Board. The approval is authority for the subdivider to record the subdivision plat and to begin the sale of lots.
      (9)   No final plat shall be approved until all improvements are installed or meet the requirements set forth in division (C)(11) below and all required fees have been paid, and certificates required by this chapter to appear on the final plat have been properly filled out and signed.
      (10)   If the final plat is not in compliance with these regulations, the reasons for disapproval and conditions to be met before the Planning Board will approve the final plat shall be noted on two copies of the proposed final plat. One copy shall be returned to the subdivider and one copy shall be retained for the Planning Board’s records. The subdivider will be given six months to submit a revised final plat. If the revised final plat is not received by the Planning Board within six months, the approved preliminary plat shall become null and void.
      (11)   Where the required improvements have not been completed prior to the submission of the final plat, the Planning Board, subject to the approval of the County Manager, may accept from the subdivider a bond with surety or other guarantees satisfactory to the county in an amount equal to the estimated cost of the installation of the required improvements, whereby improvements may be made and utilities installed without cost to the county in the event of default by the subdivider. One of the methods described in division (D) below may be used by the subdivider to guarantee the installation of the required improvements.
      (12)   The approval of a final plat pursuant to regulations adopted under this subchapter shall not be deemed to constitute or affect the acceptance by the county or the public of the dedication of any street or other ground, public utility line, or other public facility shown on the plat.
      (13)   Final plats not recorded within one year of approval shall become null and void.
   (D)   Improvement guarantees.
      (1)   Agreement and security required. In lieu of requiring the completion, installation, and dedication of all improvements prior to final plat approval and prior to the recording of an approved final plat, the county may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements. Once the agreement is signed by both parties and the security required herein is provided, the final plat may be approved by the Planning Board, if all other requirements of this chapter are met. To secure this agreement, the subdivider shall provide, subject to the approval of the County Manager, either one, or a combination of the following guarantees not exceeding one and one-quarter times the entire cost as provided herein.
         (a)   Surety performance bonds. The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do business in the state. The bonds shall be payable to the county and shall be in an amount equal to one and one-quarter times the entire cost, as estimated by the subdivider and approved by the County Manager, of installing all required improvements. The duration of the bond(s) shall be until such time as the improvements are approved by the Board of County Commissioners.
         (b)   Cash or equivalent security. The subdivider shall deposit cash, an irrevocable letter of credit, or other instrument readily convertible into cash at face value, either with the county or in escrow with a financial institution designated as an official depository of the county. The use of any instrument other than cash shall be subject to the approval of the County Manager. The amount of deposit shall be equal to one and one-quarter times the cost, as estimated by the subdivider and approved by the County Manager, of installing all required improvements. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the County Manager an agreement between the financial institution and himself or herself guaranteeing the following:
            1.   Said escrow account shall be held in trust until released by the Board of County Commissioners and may not be used or pledged by the subdivider in any other matter during the term of the escrow; and
            2.   In the case of a failure on the part of the subdivider to complete the improvements, the financial institution shall, upon notification by the Board of County Commissioners, and submission by the Board of County Commissioners to the financial institution of an engineer’s estimate of the amount needed to complete the improvements, immediately either pay to the county the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the county any other instruments fully endorsed or otherwise made payable in full to the county.
      (2)   Default. Upon DEFAULT, meaning failure on the part of the subdivider to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account shall, if requested by the Planning Board, pay all or any portion of the bond or escrow fund to the county up to the amount needed to complete the improvements based on an engineering estimate. Upon payment, the Planning Board, in its discretion, may expend such portion of the funds as it deems necessary to complete all or any portion of the required improvements. The county shall return to the subdivider any funds not spent in completing the improvements.
      (3)   Release of guarantee security.
         (a)   The Board of County Commissioners may release a portion of any security posted as the improvements are completed and recommended for approval by the County Manager.
         (b)   Within 14 days after receiving the County Manager’s recommendation, the Board of County Commissioners shall approve the required improvements. If the Board of County Commissioners approves the required improvements, then it shall immediately release any security posted.
   (E)   Resubdivision procedures. For any re-platting or re-subdivision of land, the same procedures, rules, and regulations shall apply as prescribed herein for an original subdivision.
(Ord. passed 1-8-2002)