(A) Preparation of final plat and installation of improvements. Upon approval of the preliminary plat by the Planning Board, the subdivider may proceed with the preparation of the final plat, and the installation of, or arrangement for, required improvements in accordance with the approved preliminary plat and the requirements of this chapter. Prior to approval of a final plat, the subdivider shall have installed the improvements specified in this chapter or guaranteed their installation as provided herein. No final plat will be accepted or reviewed by the Planning Board unless accompanied by written notice by the Subdivision Administrator acknowledging compliance with the improvement and guarantee standards of this chapter. The final plat shall constitute only the portion of the preliminary plat, which the subdivider proposes to record and develop at that time. Such portion shall conform to all requirements of this chapter.
(B) Improvements guarantees.
(1) Agreement and security required. In lieu of requiring the completion, installation, and dedication of all improvements prior to final plat approval, the Caswell Beach Board of Commissioners may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements. Once said agreements are signed by both parties and the security required herein is provided, the final plat may be approved, if all other requirements of this chapter are met. To secure this agreement, the subdivider shall provide either one or a combination of the following guarantees not exceeding 1.25 times the entire cost. Portions of the security deposit may be released as work progresses. The following range of surety options are available and may be used by subdividers, subject to approval by town.
(2) Surety performance bond(s). The subdivider shall obtain a 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 Caswell Beach and shall be in an amount equal to 1.25 times the entire cost of installing all required improvements, as estimated by the town. The duration of the bond(s) shall be until such time as the improvements are accepted by the town.
(3) Cash or equivalent security. The subdivider shall deposit cash, a certified check payable to the town, an irrevocable letter of credit, 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 Board of Commissioners. The amount of deposit shall be equal to 1.25 times the cost of installing all required improvements, as estimated by the town. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the town a copy of an agreement between the financial institution and himself guaranteeing the following:
(a) That said escrow account shall be held in trust until released by the town and may not be used or pledged by the subdivider in any other matter for 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 Board of Commissioners, and submission by the Council to the financial institution of an engineer's estimate of the amount needed to complete the improvements, immediately either pay to the town the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town.
(4) 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 which case the Board of Commissioners shall approve an expiration date beyond one year. 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 in which case the Board of Commissioners shall approve an expiration date beyond one year.
(5) 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 town, 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 subdivision shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall include the total cost of all incomplete improvements.
(5) 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 Board of Commissioners, pay all or any portion of the bond or escrow fund to the Town of Caswell Beach up to the amount needed to complete the improvements based on an engineering estimate. Upon payment the town, at its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements.
(6) Release of guarantee security. The Board of Commissioners may authorize the release of a portion of any corresponding percentage of a security posted as the improvements are completed and approved by the Subdivision Administrator.
(C) Submission procedure.
(1) The subdivider shall submit the final plat, so marked, to the Subdivision Administrator who will forward it to the Planning Board for review. The final plat shall be prepared by a registered land surveyor currently licensed and registered in the State of North Carolina by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G.S. § 47-30 and the Manual of Practice for Land Surveying in North Carolina.
(2) Fourteen copies of the final plat shall be submitted. Twelve of these shall be paper copies and one shall be an original linen meeting the standards of this chapter. Material and drawing medium for the original shall be in accordance with the Manual of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the Brunswick County Register of Deeds.
(3) The final plat shall meet the specifications in this section and must be of a size suitable for recording with the Brunswick County Register of Deeds. It must be at the same scale and meet the same sheet size requirements as the preliminary plat. Plats may be placed on more than one sheet with appropriate match lines.
(4) The following signed certificates shall appear on all 14 copies of the final plat:
(a) Certificate of Ownership and Dedication.
I hereby certify that I am the owner of the property shown and described hereon, which is located in the subdivision jurisdiction of the Town of Caswell Beach and that I hereby adopt this plan of subdivision with my free consent, establish minimum building setback lines, and dedicate all streets, alleys, walks, parks and other sites and easements to public or private use as noted. Furthermore, I hereby dedicate all sanitary sewer, storm sewer, and water infrastructure to the Town of Caswell Beach.
Date Owner
Notary
(b) Certificate of Survey and Accuracy. In accordance with the Manual of Practice for Land Surveying North Carolina on the face of each map prepared for recordation there shall appear a certificate acknowledged before an officer authorized to take acknowledgments and executed by the person making the survey or map including deeds and any recorded data shown thereon. The certificate shall include a statement of error of closure calculated by latitudes and departures. Any lines on the map, which were not actually surveyed, must be clearly indicated on the map and a statement included in the certificate revealing the source of information. The certificate shall take the following general form:
State of North Carolina, Brunswick County, Town of Caswell Beach
I hereby certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (deed description recorded in Book , Page , of the Brunswick County Registry) (other); that the error of closure as calculated by latitudes and departures is 1: ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book , Page ; and 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 , 20 .
Registered Land Surveyor
Registration Number
(Notarized)
The certificate of the Notary shall read as follows:
North Carolina, County.
I, a Notary Public of the County and State aforesaid, certify that
, a registered land surveyor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal this day of , 20 .
Notary
Seal or Stamp Expiration
(c) Certificate of Approval for Recording.
I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations of the Town of Caswell Beach, North Carolina and that this plat has been approved for recording in the office of the Brunswick County Register of Deeds within sixty (60) days of the date below.
Subdivision Administrator
Caswell Beach, North Carolina
Date
(d) Certificate of Approval of the Design and Installation of Streets, Utilities, and Other Required Improvements.
I hereby certify that all streets, utilities and other required improvements have been installed in an acceptable manner and according to Town specifications and standards in the or that guarantees of the installation of the required improvements in an amount and manner satisfactory to the Town of Caswell Beach has been received and that the filing fee for this plan, in the amount of $ has been paid.
Subdivision Administrator
Date
(e) Certificate of Approval for Private Streets.
I hereby certify that I understand that the Town shall assume no liability for damages to roadway for providing services on private street(s). I understand that the Town will not accept private street(s) into the public system until constructed to Town standards. Furthermore, I hereby certify that a Property Owner's Association has been created to maintain minimum standards for private street(s).
Date Owner
Notary Notary Expires
(D) Review procedure.
(1) The Subdivision Review Committee or the Planning Board shall review the final plat at or before its next regularly scheduled meeting and shall approve or disapprove the plat with reasons within 45 days of its first consideration of the plat. During its review of the final plat the Review Committee or the Planning Board may appoint an engineer or surveyor to confirm the accuracy of the plat (if agreed to by the Board of Commissioners). If substantial errors are found, the costs shall be charged to the subdivider and the plat shall not be recommended for approval until such errors have been corrected.
(2) If the final plat is not approved, the reasons for such disapproval shall be stated in writing, specifying the provisions of this chapter with which the final plat does not comply. A copy of this statement, along with the original and three prints of the plat, will be submitted to the subdivider who may make the recommended changes and submit a revise plat for approval or may directly appeal to the Board of Commissioners. Resubmission of a revised plat does not require an additional filing fee. Resubmission must be made within 60 days and submitted at least one week prior to the board or committee meeting.
(3) If the final plat is approved conditionally, the conditions and reasons thereof shall be stated, in writing, and, if necessary, the Planning Board may require the subdivider to submit a revised plat. The process for approving conditions shall be the same as specified for approval of conditions in the town's zoning ordinance.
(4) Whenever a street or right-of-way dedication is involved the Board of Commissioners must approve the final plat. If approved by the Review Committee or Planning Board such a plat shall be considered by the Board of Commissioners at its regularly scheduled meeting.
(5) Upon approval of the final plat by the Board of Commissioners, Review Committee, or Planning Board in the absence of a street or right-of-way dedication, copies shall be distributed as follows. One original tracing and one print of the plat shall be filed with the Subdivision Administrator. Two prints shall be returned to the subdivider, one print shall be retained by the Subdivision Administrator, one print shall be retained by the Town Clerk for its records, and one print shall be forwarded to the Register of Deeds to be used as a check print against the recorded plat. One original tracing shall be filed with the Register of Deeds by the applicant.
(6) The subdivider shall file the approved final plat with the Brunswick County Register of Deeds within sixty days of Planning Board approval; otherwise such approval shall be null and void.
(Ord. passed 9-8-83; Am. Res. passed 4-8-10; Am. Ord. passed - -)