(A) General.
(1) No final plat of a subdivision within the Town of Beech Mountain shall be recorded by the Register of Deeds of Watauga or Avery County until it has been approved as provided herein. To secure such approval of a final plat, the subdivider shall follow the procedure established in this subchapter.
(2) All proposed subdivisions shall be reviewed prior to recording with the Register of Deeds by submitting a vicinity map to the Zoning Administrator to determine if the property is located in a Public Water Supply Watershed.
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(3) Furthermore, no street shall be maintained by the town nor street dedication accepted for ownership and maintenance, nor shall water, sewer or other public facilities or services be extended to or connected with any subdivision for which a final plat is required to be approved unless and until such final plat has been approved.
(B) Minor subdivision review process. 2
(1) Purpose. The minor subdivision review procedure affords a simplified process for the review and approval of qualifying a subdivision. Such subdivisions should have only limited impact on community facilities and services. If for any reason the Zoning Administrator should determine that a subdivision which meets the basic criteria for the minor subdivision review process has features that could potentially represent the need for a more thorough review, he or she shall state in writing the reasons for his or her determination. Approval shall be denied under the minor subdivision review process, and the subdivider referred to the major subdivision review process.
(2) Definition.
(a) Any number of lots on an existing, approved street provided the following conditions are met:
1. Involves no street right-of-way dedication or street construction of any kind; and
2. Not requiring extension of public water and/or sewage lines; and
3. Not requiring creation of new drainage easements through property to serve property in the rear; and
4. Does not create any new or residual lots that do not conform to the requirements of the Zoning Ordinance, these Subdivision Regulations or any other land use controls, regulations or ordinances of the town; or
(b) Involves no more than four lots (expressed, planned or implied).
(3) Submissions to Zoning Administrator.
(a) The subdivider shall submit to the Zoning Administrator three copies of the final plat, accompanied by a filing fee established by the Town Council. The master schedule of fees is maintained in the Clerk’s office.
(b) The final plat shall be reviewed by the Zoning Administrator and other members of the town staff for compliance with this subchapter and other town policies. The town's consulting engineer shall also review the plat when deemed necessary by the Administrator.
(c) Within 30 days of the first consideration of the final plat, the Zoning Administrator shall approve or disapprove the final plat. If the final plat is in compliance with the subchapter, the Zoning Administrator shall approve the final plat.
(d) If the Zoning Administrator disapproves the final plat, he or she shall state in writing his or her reasons for such action, specifying the provisions of this subchapter with which the plat does not comply. One copy of this statement shall be transmitted to the subdivider within five days of disapproval, and one copy shall be retained by the Zoning Administrator as part of his or her proceedings.
(e) Appeal from the Zoning Administrator shall be by petition to the Planning Board to be heard at their next regularly scheduled meeting following the Zoning Administrator's ruling.
(f) The original tracing and one paper print of the final plat shall be retained in the Zoning Administrator's office.
(g) The approval of a final plat shall not be deemed to constitute or affect the acceptance by the town of any dedication shown on the plat. However, the Town Council, by resolution, may accept any dedication made to the public of lands or facilities located within its subdivision regulation jurisdiction. Acceptance of dedication of lands or facilities located within the subdivision regulation jurisdiction shall not place on the town any duty to open, operate, repair or maintain any land or facility.
(C) Sketch Plan. 3 Prior to preliminary plat application, the subdivider shall submit a sketch plan of the proposed subdivision to the Zoning Administrator. The purpose of submitting the sketch plan is to afford the subdivider an opportunity to obtain the advice and assistance of the town staff to facilitate the subsequent preparation and approval of the preliminary plat. This procedure does not require formal application or fee.
(1) Contents required. A simple sketch plan shall be drawn at a scale of no less than 200 feet to one inch and shall show the proposed street layout with approximate pavement width; approximate right-of-way width; proposed lot layout and approximate number of lots; the location of existing and proposed water and sewer lines; existing physical features including streets, structures and utilities; significant natural features including wooded areas, ponds, streams and marshes; sketch view of any proposed drainage facilities; proposed use of land; tract boundary; total acres; subdivider's name and address; subdivision name; north point; and a sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, roads and waterways.
(2) Sketch plan review procedure. Once submitted, the Zoning Administrator and other appropriate staff members shall review the sketch plan to ensure compliance of the proposal with town requirements. When the staff is in agreement that the proposal is in compliance, the Zoning Administrator shall notify the applicant, in writing, that the preliminary plat may be prepared.
(D) Preliminary plat. 4
(1) General. For all subdivisions other than minor subdivisions the subdivider shall submit a preliminary plat, containing all required information, to the Zoning Administrator at least 14 days prior to the regular Planning Board meeting at which said plat is to be considered. At least five copies of said preliminary plat shall be required, provided that additional copies may be required by the Town of Beech Mountain prior to submission of the preliminary plat to the Planning Board.
(2) Contents required.
(a) Title block. Subdivision name, subdivider's name, north arrow, scale (denoted graphically and numerically), date of plat preparation, location of subdivision (township, county and state), name and seal of registered surveyor preparing plat.
(b) The boundaries of the entire tract to be subdivided, with all bearings and distances accurately shown.
(c) Property lines and owners' names of adjoining properties and/or adjoining subdivisions of record.
(d) Significant natural features including wooded areas, marshes, major rock outcrops, lakes or streams, or other natural features affecting the site.
(e) Existing physical features including buildings, streets, railroads, power lines, drainageways, sewer and water lines, utility easements, and town limit lines both on or adjacent to the land to be subdivided.
(f) Topographic contour lines at five-foot intervals when the area to be subdivided exceeds two acres or has proposed streets which will exceed 800 lineal feet.
(g) A sketch vicinity map showing the location of the subdivision in relation to the surrounding area.
(h) Proposed streets showing pavement widths, rights-of-way, curbing, if any, and proposed street names.
(i) A "letter of approval" for the proposed street plan shall accompany the preliminary plat indicating that street plans have been reviewed and approved in the following manner:
1. Street plans for all subdivisions within the Town of Beech Mountain shall be reviewed by the town staff and approved by the Beech Mountain Town Manager prior to preliminary plat approval.
2. Street plans shall contain all data, calculations, and information as required by the Town of Beech Mountain.
(j) Sketch view of proposed water and sewer system layouts shall show the location of lines, line sizes, approximate location of manholes, pumps, hydrants, force mains, and the connection of the proposed system(s) with existing systems.
(k) A "letter of approval" for proposed sanitary sewer and water distribution shall accompany the preliminary plat indicating that plans for proposed public sewer and water systems have been reviewed and approved by the Town of Beech Mountain and the appropriate state agency (see § 154.251(D)). All subdivisions shall obtain drinking water and sewer service. The cost of extending water and/or sewer lines from the existing town lines shall be borne by the developer of the subdivision.
(l) All proposed lot and street right-of-way lines with approximate dimensions, lot and block numbers, all easements, designation of any dedication or reservations to be made, building setback lines, and proposed use of land if other than single-family residential.
(m) Sketch view of proposed drainageways, storm sewers, culverts, retaining ponds, or areas where water is to be diverted through grading; and other evidence necessary to assure the Planning Board that the proposed method of drainage will meet the objectives of § 154.251(E).
(n) Proposed location and description of any other improvements including, but not limited to, riding trails, sidewalks, pedestrian or bike ways, reserved open space or recreational facilities, school sites, commercial areas, or buffer strips.
(o) Total acreage in tract to be subdivided; smallest lot size; total number of lots; lineal feet in streets and zoning district.
(p) If the subdivision is to be accomplished in phases, then the preliminary plat must outline areas to be developed as units and the sequence of development of those units.
(3) Preliminary plat review procedure.
(a) The Planning Board shall review and either approve, approve conditionally, or disapprove each preliminary plat. First consideration of the preliminary plat shall be at the next regularly scheduled meeting of the Planning Board that follows at least 14 days after the plat is submitted.
(b) Before taking final action on the preliminary plat the Planning Board may refer copies of the plat and any accompanying material to those public agencies concerned with new development, provided that failure of the Planning Board to receive comment shall not delay Planning Board action on said plat in a timely manner.
(c) If the Planning Board approves the preliminary plat, such approval shall be indicated on five copies by the Chairperson or other authorized member of the Planning Board. One copy each shall be transmitted to the Town Manager, Director of Public Works, Zoning Administrator, one copy shall be returned to the subdivider, and one copy shall be made part of the minutes of the Planning Board.
(d) If the Planning Board disapproves or approves conditionally said plat, the reasons for such action shall be stated in writing and entered in the records of the Planning Board. The subdivider may make changes and submit a revised plat which shall be submitted, reviewed, and acted upon by the Planning Board pursuant to this section.
(e) Approval of the preliminary plat shall be valid for one year unless a written extension is granted by the Planning Board on or before the one-year anniversary of said approval. If the final plat is not submitted for approval within said one-year period or any period of extension, the said approval of the preliminary plat shall be null and void.
(E) Installation of improvements. 5 Upon approval of the preliminary plat by the Planning Board, the subdivider may proceed with the preparation of the final improvements in accordance with the approved preliminary plat and the requirements of this subchapter.
(1) Improvement guarantees for subdivisions having ten or less lots. Prior to approval of a final plat, the subdivider shall have installed improvements specified in this subchapter or guaranteed their installation as provided below.
(a) Agreement and security required.
1. In lieu of requiring the completion, installation and dedication of all improvements prior to final plat approval, the Town of Beech Mountain may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements within a reasonable time, to be determined in said agreement. Once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved by the Planning Board provided it meets with the requirements of division (F) below.
2. To secure this agreement, the subdivider shall provide, subject to the approval of the Planning Board, either one or a combination of the following guarantees not exceeding 1.25 times the entire cost as provided herein:
a. Surety performance bond(s). The subdivider shall obtain performance bond(s) from a surety bonding company authorized to do business in North Carolina. The bond(s) shall be payable to the Town of Beech Mountain and shall be in an amount equal to 1.25 times the entire cost, as estimated by the subdivider and approved by the Town Manager, of installing all required improvements. The duration of the bond(s) shall be until such time as the improvements are accepted by the Town Council.
b. Cash or equivalent security.
i. The subdivider shall deposit cash or other instrument readily convertible into cash at face value, either with the town or in escrow with a financial institution designated as an official depository of the town. The use of any instrument other than cash shall be subject to the approval of the Planning Board. The amount of deposit shall be equal to 1.25 times the cost, as estimated by the subdivider and approved by the Town Manager, of installing all required improvements.
ii. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Planning Board an agreement between the financial institution and himself or herself guaranteeing the following:
A. That said escrow account shall be held in trust until released by the Town Council and may not be used or pledged by the subdivider in any other matter during the term of the escrow; and
B. That in the case of a failure on the part of the subdivider to complete said improvements, the financial institution shall, upon notification by the Town Council, immediately either pay to the town all funds in said account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town.
c. Irrevocable letter(s) of credit. The subdivider shall obtain irrevocable letter(s) of credit (ILOC) from a financial institution authorized to do business in North Carolina. The ILOC(s) shall be payable to the Town of Beech Mountain and shall be in an amount equal to 1.25 times the entire cost, as estimated by the subdivider and approved by the Town Manager, of installing all required improvements. The duration of the ILOC(s) shall be valid until such time as the improvements are accepted by the Town Council.
(b) Default. Upon default, meaning failure on the part of the subdivider to complete the required improvements, the Town Council may require the subdivider, the surety, or the financial institution holding the escrow account to pay all or any portion of the bond or escrow account fund to the Town of Beech Mountain. Upon payment, the Town Council shall expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements.
(c) Release of guarantee security. The Town Council may release a portion of any security posted as the improvements are completed and recommended for approval by the Town Manager. Within 32 days after receiving the Town Manager's recommendation, the Town Council shall approve or not approve said improvements. If the Town Council approves said improvements, then it shall release any security posted at the time the subdivider posts the necessary maintenance guarantees.
(2) Improvement guarantees for subdivisions having more than ten lots. Prior to the beginning of construction of any improvements, the subdivider shall guarantee the completion of all such improvements within a reasonable period of time as provided below.
(a) Agreement and security required. The subdivider shall enter into an agreement with the Town of Beech Mountain whereby the subdivider agrees to complete all of the required improvements within a reasonable period of time to be specified in said agreement. Once said agreement is signed by both parties and the security required herein in provided, the subdivider may commence the construction of said improvements. To secure this agreement the subdivider shall provide, subject to the approval of the Planning Board, either one or a combination of the guarantees set forth in division (E)(1)(a)2.a. or b. above.
(b) Application to security. The terms of division (E)(1)(b) above concerning default and division (E)(1)(c) above concerning release of guaranteed security shall apply to the security provided for in this section.
(3) Maintenance guarantees. 6
(a) Guarantee of all municipal improvements. The subdivider shall guarantee all municipal improvements within the subdivision required by the subdivision regulations for a period of one year following the dedication of such improvements to the Town of Beech Mountain, and receipt of the town's written acknowledgment that said improvements meet the town's specifications. To secure such guarantee, the subdivider shall provide the Town of Beech Mountain with a Surety Performance Bond or an equivalent security as the same are described in division (E)(1)(a)2.a. or b. above, except that the amount of such bond or cash deposit shall be equal to 0.25 times the entire cost of installing all required improvements, as estimated by the subdivider and approved by the Town Manager.
(b) Payment of bond or escrow accounts. Upon default, meaning failure on the part of the subdivider to make any necessary repairs within a reasonable period of time to be determined by the town after such repairs become necessary, the Town Council may require the subdivider, the surety or the financial institution holding the escrow account to pay all or any portion of the bond or escrow account funds to the Town of Beech Mountain. Upon payment, the Town Council shall expend such portion of said funds as it deems necessary to complete all or any portion of the required repairs.
(c) Release of guarantee security. After a period of one year has expired from the dedication of such improvements to the Town of Beech Mountain, and the receipt of the Town's written acknowledgment that said improvements meet the Town's specifications, the Town shall release any portion of the security remaining to the subdivider when all improvements are in an acceptable condition.
(F) Final plat. 7
(1) General. The final plat shall constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at the time of submission. No final plat shall be approved unless and until the subdivider shall have installed in that area represented on the final plat all improvements required by this subchapter (with the exceptions of individual sewer systems), or shall have guaranteed their installation as provided for in division (E) above. In addition, no final plat shall be approved unless and until the subdivider shall have installed improvements depicted on the preliminary plat, as well as any off-site improvements required by the town, which relate to or are required for proper functioning of those improvements within the area depicted on the final plat. The subdivider shall submit six copies and one original of the final plat to the Zoning Administrator no less than 14 days prior to the regular Planning Board meeting at which it shall be considered for approval.
(2) Contents required. The original of the final plat shall be prepared on linen or mylar film, drawn on a sheet 14 inches by 18 inches, or 18 inches by 24 inches, or such other size acceptable to the Register of Deeds of Watauga or Avery County and at such a scale of not less than 200 feet to one inch, and shall conform substantially to the preliminary plat as approved. The plat shall conform to the provisions of G.S. § 47-30, as amended. The final plat shall be prepared by a registered land surveyor and shall show the following information:
(a) Subdivision name, north arrow, scale denoted graphically and numerically, date of plat preparation, and township and county and state in which the subdivision is located; and the name(s) or the owner(s) and the registered surveyor(s) (including the seal(s) and registration number(s) of the registered surveyor(s)).
(b) The exact boundary lines of the tract or portion of the tract for which final approval is sought fully dimensional by lengths and bearings, and the location of intersecting boundary lines of adjoining lands.
(c) The names and deed references (when possible) of owners of adjoining properties and adjoining subdivisions of record (proposed or under review).
(d) All visible and apparent rights-of-way, watercourses, utilities, roadways, and other such improvements shall be accurately located where crossing or forming any boundary line of the property shown.
(e) 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 line, and setback lines, including dimensions, bearings, or deflection angles, radii, central angles, and tangent distances for the centerline of curved streets and curved property lines that are not the boundary of curved streets.
(f) The accurate locations and descriptions of all monument markers, and control points.
(g) The blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block.
(h) Minimum building setback lines.
(i) Street names and right-of-way lines of all streets and the location and width of all adjacent streets and easements.
(j) The location and dimensions of all rights-of-way, utility or other easements, riding trails, natural buffers, pedestrian or bicycle paths, and areas to be dedicated to public use with the purpose of each stated.
(k) Forms for final certifications. The following certificates shall be lettered or rubber stamped on the final plat in such a manner as to ensure that said certificates will be legible on any prints made there from.
1. Certificate of Approval by the Planning Board.
I, , Chairperson of the Planning Board, hereby certify that the said Board fully approved the final plat of the Subdivision entitled on the day of 20 .
Chairperson
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, sewers, water lines, 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 platting jurisdiction of the Town of Beech Mountain, North Carolina.
Date Owner
Owner
3. Certificate of Accuracy. *
(As required under G.S. § 47-30, as amended.)
Date Registered Surveyor
4. Certification of Approval of the installation and construction of streets, utilities and other required improvements. *
I hereby certify (1) that streets, utilities, and other required improvements have been installed in an acceptable manner and according to Town specifications and standards in the subdivision entitled , or (2) that a guarantee of the installations of the required improvements in an amount satisfactory to the Town of Beech Mountain has been received.
Date Town Manager
5. Certificate of Approval for recording plat.
I, , the Town Clerk of the Town of Beech Mountain, North Carolina, do hereby certify that on the day of , 20 , the Planning Board of the Town of Beech Mountain approved this plat for recording. The Town shall not assume any responsibility to open or maintain public improvements indicated or depicted on this plat until in the opinion of the Town Council it is in the public interest to do so.
Date Town Clerk
6. Certificate of Approval for recording minor subdivision plat.8
I hereby certify that the minor subdivision plat shown hereon has been found to comply with the Subdivision Regulations of the Town of Beech Mountain, and that it has been approved for recording in the Office of the Register of Deeds of Watauga/Avery County.
Date Zoning Administrator
7. * Note. Certificates 2., 3., and 4. above must be represented on the final plat and signed by the designated person prior to Planning Board approval.
(3) Final plat review and procedure.
(a) The subdivider shall submit the final plat to the Planning Board within one year of the date of preliminary plat approval (unless an extension was granted) and at least 14 days prior to a regularly scheduled meeting and shall submit at least six copies of the final plat and one original of the final plat.
(b) Before acting on the final plat the Planning Board may request reports from any person or agency directly affected by the proposed development. Such reports shall certify compliance with or note deviations from the approved preliminary plat and the requirements of this subchapter.
(c) Consideration of the final plat shall begin at the next regularly scheduled meeting of the Planning Board after the final plat is submitted in accordance with procedures set forth in this section. Prior to final plat approval, certificates in division § 154.249(F)(2)(k)2., 3., and 4. above, must be presented on the final plat and signed by the designated persons.
(d) If the Planning Board approves the final plat, such approval shall be indicated on the original and each copy of the final plat by certificate in § 154.249(F)(2)(k)1..
(e) If the Planning Board disapproves the final plat, the Planning Board shall find in writing the provisions of this subchapter with which the plat does not comply and the facts constituting noncompliance with said provision(s). One copy of said findings shall be sent to the subdivider within five days of the disapproval and one copy shall be retained by the Planning Board as part of its proceedings. If the final plat is disapproved, the subdivider may make such changes as needed to bring the plat into compliance with the provisions of this subchapter and resubmit the same for reconsideration by the Planning Board pursuant to the procedures set forth in this section.
(f) The original tracing of the final plat shall be recorded by the subdivider with the Watauga or Avery County Register of Deeds within 60 days after the date of Planning Board approval. One each print shall be filed with the Town Manager, Director or Public Works, Zoning Administrator, the Town Clerk, one print shall be recorded with the minutes of the Planning Board and one print shall be returned to the subdivider.
(G) Recording the final plat. Within 60 days after the final plat has been approved by the Beech Mountain Planning Board, it shall have been recorded with the Register of Deeds of Watauga or Avery County. Should the 60-days' time limit expire before the plat is recorded, it must be resubmitted to the Planning Board for reprocessing. Upon adoption of this subchapter, the Register of Deeds of Watauga or Avery County shall not thereafter file or record a plat of a subdivision located within the Town of Beech Mountain until such plat has been approved by the Planning Board. Without the approval of the Planning Board, the filing or recording of a subdivision plat shall be null and void.
(1989 Code, Title V, Ch. 51, Art. XVIII, §1805) (Ord. passed 10-11-1988; Ord. passed 10-9-1991; Ord. passed 3-9-1993; Ord. 7-13-1993; Ord. passed 12-14-1999; Ord. 2017-04, passed 2-14-2017; Ord. 2021-03, passed 6-8-2021)
Editor's note:
1 Division (A) amended December 14, 1999.
2 Division (B) added by amendment October 9, 1991.
3 Division (C) amended March 9, 1993.
4 Division (D) amended March 9, 1993.
5 Division (E) rewritten by amendment October 11, 1988.
6 Division (E)(3) amended March 9, 1993.
7 Division (F) amended March 9, 1993.
8 Division (F)(2)(k)6. added by amendment July 13, 1993.