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(A) 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 preliminary plat all improvements required by this chapter (with the exceptions of individual water and sewer systems), or shall have guaranteed their installation, at the village’s option, as provided for in § 154.044. The subdivider shall submit 7 copies and 1 original of the final plat and all supporting information to the Zoning Administrator on a business day no less than 10 days prior to the regular Planning Board meeting at which it shall be considered for approval. The application, the final plat, and all supporting information must be deemed complete a minimum of 10 days prior to a Board meeting in order to be scheduled for a Board meeting. Additional time may be required if outside technical review is needed. The final plat shall be submitted within 1 year of the date of approval of the preliminary plat unless an extension is given in accordance with § 154.043(A).
(B) Contents required. The original of the final plat shall be prepared on linen or mylar film, drawn on a sheet not more than 18 inches by 24 inches, or not less than 8-1/2 by 14 inches, or the other size acceptable to the Register of Deeds of Rutherford County and at a scale of not less than 200 feet to 1 inch, and shall conform substantially to the preliminary plat as approved. The plat shall conform to the provisions of GS § 47-30, as amended. The final plat shall be prepared by a registered land surveyor and shall show the following information:
(1) Subdivision name; north arrow; scale denoted graphically and numerically; date of plat preparation; township, county, and state in which the subdivision is located; the name(s), address(es) and telephone number(s) of the owner(s) and the registered surveyor(s) (including the seal(s) and registration number(s) of the registered surveyor(s));
(2) The exact boundary lines of the tract to be subdivided fully dimensioned by lengths and bearings, and the location of intersecting boundary lines of adjoining lands;
(3) The names and deed references (when possible) of owners of adjoining properties and adjoining subdivision of record (proposed or under review);
(4) All visible and apparent rights-of-way, watercourses, utilities, roadways and other improvements shall be accurately located where crossing or forming any boundary line of the property shown;
(5) 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, dimensions, bearings or deflection angles, radii, central angles and tangent distances for the center line of curved streets and curved property lines that are not the boundary of curved streets;
(6) The blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block;
(7) The accurate locations and descriptions of all monument markers and control points;
(8) Street names and right-of-way lines of all streets and the location and width of all adjacent streets and easements;
(9) 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 or private use with the purpose of each stated;
(10) Plans for utility layouts, including sewers, storm sewers, water distribution lines, natural gas, telephone and electric service, illustrating connections to existing systems or plans for individual water supply and/or sewage disposal systems. Plans must show line sizes, the location of fire hydrants, blow-offs, manholes, pumps, force mains and gate valves; and
(11) 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 the certificate will be legible on any prints made therefrom.
(a) Certificate of approval by the Planning Board.
I, , Chairman of the Planning Board hereby certify that the said Board fully approved the final plat of the subdivision entitled on the day of , 20 .
I, , Chairman of the Planning Board hereby certify that the said Board has conditionally approved the final plat and has delegated the Zoning Administrator to review successful completion of these conditions and to sign the final approval.
And I, , Zoning Administrator do hereby certify all conditions have been met and the final plat is hereby approved.
(b) 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 and dedicate all streets, sewers, water lines, alleys, walks, parks, and other sites to the public or private use as noted. Further, I (we) certify the land as shown hereon is within the platting jurisdiction of Chimney Rock Village, North Carolina.
(c) Certificate of survey and accuracy.
I, , 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 , etc.) (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 map was prepared in accordance with G.S. § 47-30 as amended.
Witness my hand and seal this day of , A.D., 20 .
License or Registration Number
(d) 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 as shown on the preliminary plat for the portion of the subdivision shown on this final plat have been installed in an acceptable manner and according to specifications shown on the preliminary plat and standards in the subdivision entitled , or
2. That a guarantee of the installation of the required improvements in an amount or manner satisfactory to Chimney Rock Village has been received; and
3. That a filing fee in the amount of $ has been paid to the village.
(e) Certificate of approval of water supply and sewage disposal systems.
I hereby certify that each lot or group of lots sold has potentially suitable soil conditions and land areas to accommodate on-site water treatment. Individual permit issuance shall be based upon a field investigation of each lot to determine suitability. Permitted lots will be required to have 100% repair area.
Date To be signed by appropriate state or local agency
OR in the alternative,
I hereby certify that the water supply and/or sewage disposal system (strike any provision which does not apply if community or public water or sewage is to be used) shall be by individual well/individual septic tank and that the disclosures of § 154.044 (B)(4) of the Chimney Rock Village Subdivision Ordinance will be given to initial purchasers within the subdivision and that all other requirements of the section shall be met.
(f) Subdivision streets disclosure statement.
Under and pursuant of G.S. § 136-102.6 (f), prospective purchasers of lots, and property in the described by plat recorded in Book of Maps No. Page , Rutherford County Register of Deeds are hereby advised that:
1. The roads and streets in the subdivision are private roads and streets and have not been and will not be constructed to minimum standards sufficient to allow their inclusion in the State Highway System for maintenance;
2. Responsibility for the construction and maintenance of the private roads and streets rests with the owners of lots within the subdivision; and
3. Any subsequent inclusion of the subdivision roads and streets in the State Highway System may be upon the condition that lot owners participate in the cost of initial improvement of the roads and streets sufficient to meet minimum state standards.
I , being duly sworn depose and say that I am a registered surveyor in the State of North Carolina and that I am the surveyor on the Subdivision. That, in my position as surveyor I designed the street within the subdivision and prepared the specifications for their construction pursuant to my authority under G.S. § 89C. That I have reviewed the construction of other roads within the subdivision and that in my professional opinion the roads meet minimum standards as required by the village regulations, they have an all weather surface of stone/gravel or pavement a minimum width of 16 feet, with 2 foot shoulders. In my opinion the gravel consists of a minimum of 8 inches of augured base with number 7 stone and an all weather surface of stone, gravel, or pavement. All cul de sacs have a radius of 35 feet with a minimum of 8 inches of augured base with number 7 stone and an all weather surface of stone, gravel, or pavement; with a minimum cul de sac right of way radius of 50 feet.
This is the day of , 20 .
(C) Certificates. Certificates (b), (c), (d), (e) and (g) in division (B)(11) above must be presented on the final plat and signed by the designated person prior to Planning Board approval.
(D) Final plat review procedure.
(1) Submitting the final plat. The subdivider shall submit the final plat to the Chairperson of the Planning Board or his or her designee within 1 year of the date of preliminary plat approval (unless an extension was granted) and at least 15 days prior to a regularly scheduled meeting at which the plat is to be considered, and shall submit at least 7 copies of the final plat plus 1 original of the final plat.
(2) Staff review and approval. Upon receipt of the final plat, the Zoning Administrator shall review for compliance with this section and other ordinances and regulations of the village. The plat shall be accompanied by written approval from the appropriate agencies that all streets, water, and other required improvements have been installed in accordance with all required specifications, unless a guarantee of such installations has been arranged in accordance with § 154.044. The Zoning Administrator shall meet with any person or agency deemed necessary for adequate review of the plat. The Zoning Administrator shall complete such review within 15 days after submittal. If all applicable requirements of this section are met, the Zoning Administrator shall transmit the plat to the Planning Board. If all applicable requirements of this section are not met, the Zoning Administrator shall disapprove the plat and return it to the applicant with deficiencies noted.
(3) Reports on proposed development. Before acting on the final plat, the Planning Board may request reports from any person or agency directly affected by the proposed development. The reports shall certify compliance with or note deviations from the approved preliminary plat and the requirements of this chapter.
(4) First consideration. First consideration of the final plat shall be at the next regular or special meeting of the Planning Board after the final plat is submitted in accordance with the procedures set forth in this section. The Planning Board shall take action on the final plat at its first consideration or within 60 days of its consideration. If the Planning Board fails to act on the final plat within the prescribed period, then the final plat shall be deemed to have been denied. Prior to final plat approval, certificates (b), (c), (d) (e) and (g) in division (B)(11) above must be presented on the final plat and be signed by the designated persons.
(5) Approval of final plat. If the Planning Board approves the final plat, the approval shall be indicated on the original and each copy of the final plat by certificate (a) in division (B)(11) above. If the Planning Board conditionally approves the final plat, the conditions shall be specified by the Planning Board and if it is so provided by majority vote of those present, it may delegate to the Zoning Administrator the right to approve the final plat upon a finding that the conditions have been met. The Planning Board shall note on the plat that the Zoning Administrator shall have authority to sign the final plat. Conditional approval shall be only in those cases where only minimal corrections are needed.
(6) Disapproval of final plat. If the Planning Board does not approve or conditionally approve the final plat, but disapproves the final plat, the Planning Board shall find in writing the provisions of this chapter with which the plat does not comply and the facts constituting noncompliance with the provisions. One copy of the finding shall be sent to the subdivider within 14 days of disapproval and 1 copy shall be retained by the Planning Board as a part of its proceedings. If the final plat is disapproved, the subdivider may make the changes as needed to bring the plat into compliance with the provisions of this chapter and resubmit the same for reconsideration by the Planning Board pursuant to the procedures set forth in this section.
(7) Approval of certificates. If the final plat is approved by the Planning Board, the approval shall be indicated by certificate (a) in division (B)(11) above on the original tracing on each copy of the final plat. The original tracing of the final plat shall be recorded by the subdivider with the Rutherford County Register of Deeds within 30 days after the date of final approval. Otherwise, the approval shall be null and void. One print shall become a permanent record of the Planning Board.
(8) Effect of plat approval on dedications. The approval of a final plat shall not be deemed to constitute or affect the acceptance by the village of the dedication of any ground, public utility line or other public facility shown on the plat. However, Chimney Rock Village may by resolution of the Village Council accept any dedication made to the public of lands or facilities for parks, public utility lines or other public purposes, when the lands or facilities are located within its subdivision regulation jurisdiction.
(9) Re-subdivision 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. Lot sizes may, however, be varied on an approved plan after recording, provided that:
(a) No lot or tract of land shall be created or sold that is smaller than the size shown on the approved plan;
(b) Drainage easements or right-of-way shall not be changed;
(c) The property line between the back of the lots shall not be changed;
(d) The rear portion of lots shall not be subdivided from the front part; and
(e) The character of the area shall be maintained.
(2002 Code, Art. VII, § 705) (Ord. passed 4-1-1985; Am. Ord. passed 10-16-2002; Am. Ord. passed 8-23-2005; Am. Ord. passed 10-18-2005; A. Ord. passed 6-20-2006; Am. Ord. passed 8-19-2008)