(A) After the effective date of this chapter, any person who, being the owner or agent of the owner of any land located within the town, thereafter subdivides his or her land in violation of this chapter or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this chapter and recorded in the County Register of Deeds, shall be guilty of a misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty.
(B) The town, through its Attorney or other official designated by the Board of Commissioners, may enjoin illegal subdivision, transfer, or sale of land by action for injunction. Further, violators of this chapter shall be guilty of a misdemeanor and shall be subject to the penalties as provided for in G.S. § 14-4. Each day of violation shall be considered a separate offense.
(Ord. passed 7-17-1984)
The preliminary plat shall be clearly and legibly drawn at a scale of not less than one inch to 200 feet, and may be drawn on a sheet 18 by 24 inches or 24 by 36 inches, or such other size acceptable to the County Register of Deeds. A fee in accordance with this chapter shall be paid to the town upon submission of the preliminary plat. The preliminary plat shall be prepared by a registered land surveyor and shall include the following information:
Name of subdivision _______________________________
Date submitted _______________________________
Location _______________________________
Subdivider _______________________________
Address _______________________________ Telephone ________________
Surveyor _______________________________
Address _______________________________ Telephone ________________
Checklist:
Copies:
______ Five copies submitted to Planning Commission.
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 land surveyor preparing the plat.
Vicinity map:
______ A sketch vicinity map showing the location of the subdivision in relation to the surrounding area.
Tract boundaries:
______ The boundaries of the tract or portion thereof to be subdivided, with all bearings and distances accurately shown.
Property lines:
______ Property lines and owner’s names of adjoining properties and/or adjoining subdivision of record.
Natural features:
______ Significant natural features, including wooded areas, marshes, major rock outcrops, lakes or streams, soils information, and other natural features affecting the site, and the 100-year floodplain, where applicable;
Existing physical features:
______ Existing physical features, including buildings, streets, railroads, power lines, drainage ways, sewer and water lines, utility easements, and town limit lines both on or adjacent to the land to be subdivided.
Topographic lines:
______ 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.
Proposed lot layout:
______ 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 residences.
Street layout:
______ Proposed streets showing pavement widths, right-of-ways, curbing if any, a street profile, and proposed street names. A review of proposed street plan, street plans shall be submitted to the town’s Consulting Engineer for review and recommendation to the Planning Commission and Board of Commissioners prior to preliminary plat approval.
Water and sewer layout:
______ Sketch view of proposed water and sewer system layouts showing location of lines, line sizes, approximate location of manholes, pumps, hydrants, force mains or treatment facilities, and the connection of the proposed system(s) with existing systems. Atypical trench section shall be shown.
______ Letters of approval for the plans for the proposed sanitary sewer and water distribution systems from the appropriate agencies. (See § 152.55.)
______ Water and sewer plans shall be submitted to the town’s Consulting Engineer for review and recommendation to the Planning Commission and Board of Commissioners prior to preliminary plat approval.
Drainage system:
______ Sketch view of proposed drainage facilities, including approximate location and dimensions of open drainage ways, storm sewers, culverts, retaining ponds, or areas where water is to be diverted through grading, and any other evidence necessary to assure the Board of Commissioners that the proposed method of drainage meets the objectives of § 152.56.
______ Drainage provisions shall be submitted to the town’s Consulting Engineer for review and recommendation to the Planning Commission and Board of Commissioners prior to preliminary plat approval.
Sedimentation control:
______ An approved sedimentation control plan. (See § 152.57.)
______ Sedimentation plan shall be submitted to the town’s consulting engineer for review and recommendation to the Planning Commission and Board of Commissioners prior to preliminary plat approval.
Other improvements:
______ Proposed location and description of any other improvements, including, but not limited to, pedestrian or bike ways, reserved open space or recreational facilities, commercial areas, or buffer strips.
Site data:
______ Total acreage in tract to be subdivided, smallest lot size (square feet), total number of lots, lineal feet in streets, and zoning district.
The final plat shall meet the following requirements prior to any review of the plat by the Planning Commission.
Date final plat submitted ___________________________
Date preliminary plat approved ______________________
Name of subdivision _______________________________
Location _________________________________________
Subdivider _______________________________________
Address ______________Telephone __________
Surveyor _________________________________________
Address ____________________Telephone__________________
ADMINISTRATIVE REQUIREMENTS
________ Notice from the Subdivision Administrator approving required improvements.
________ Submitted within 12 months of preliminary plat approval, unless an extension has been granted by the Board of Commissioners.
________ Final plat is either 18 inches by 24 inches, or 24 inches by 36 inches, or such other size acceptable to the County Register of Deeds, and is a scale of at least one inch equals 200 feet.
________ Four copies submitted and one reproducible.
REQUIRED DATA
Title block:
________ Subdivision name, north arrow, scale denoted graphically and numerically, date of plat preparation, and township, county, and state in which the subdivision is located, and the name(s) of the owner(s) and the registered surveyor responsible for the subdivision (including the seal and registration number of the registered surveyor).
Tract boundaries:
________ The exact boundary lines of the tract to be subdivided fully dimensioned by lengths and bearings, and the location of intersecting boundary lines and adjoining lands.
Adjoining property owners:
________ The names and deed references of owners of adjoining properties and adjoining subdivisions of record (proposed or under review).
Location of improvements:
________ 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.
Engineering data:
________ 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 line, 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.
Monuments:
________ The accurate locations and descriptions of all monument, markers, and control points.
Lot and block numbers:
________ The blocks numbered consecutively throughout the entire subdivision, and the lot numbered consecutively throughout each block.
Setback lines:
________ Minimum building setback lines.
Streets:
________ Street names and right-of-way lines of all streets and the location and width of all adjacent streets and easements. Designation shall be made as to whether said streets are to be designated as public or private.
Right-of-way:
________ The location and dimensions of all rights-of-way, utility or other easements, natural buffers, pedestrian or bicycle paths, and areas to be dedicated to public use with the purpose of each stated.
Certificates:
________ The certificates as required in section § 152.32(B)(2)(l).
Design engineer certification:
________ A letter as required in § 152.32(B)(2)(k).