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(a) The subdivision administrator shall review the final plat for complete compliance with the requirements outlined for final plat approval of these minor subdivision regulations. The final plat shall be complete and show all information required for final plats in section 9-4-42, and all certifications and notarizations required in section 9-4-37 for final plat approval of a minor subdivision.
(b) The final plat shall be prepared by a Registered Land Surveyor currently licensed and registered in the state 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 as amended and the Manual of Practice for Land Surveying in North Carolina. In the event of conflict between the provisions for plats, subdivision and mapping requirements set forth in G.S 47-30 as amended and the Manual of Practice for Land Surveying in North Carolina, the provisions as set forth in G.S. 47-50 as amended shall control.
(c) Three copies of the final plat shall be submitted to the subdivision administrator. One of these shall be on reproducible material; two shall be black or blue line paper prints. 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 Catawba County Register of Deeds. In the event of conflict between material and drawing medium for the original as set forth in the Manual of Practice for Land Surveying in North Carolina and the requirements of the Catawba County Register of Deeds, the requirements of the Catawba County Register of Deeds shall control.
(d) The final plat shall be of a size suitable for recording with the Catawba County Register of Deeds and shall be at a scale of not less than one inch equals 200 feet. Maps may be placed on more than one sheet with appropriate match lines.
(Ord. of 4-6-92, No. 190-92; Ord. of 3-6-06, No. 5-06; Ord. of 1-5-15, No. 12-14)
(a) The final plat shall meet the specifications in section 9-4-42. The following signed certificates shall appear on all three copies of the final plat:
(1) 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 City of Claremont and that I hereby adopt this plan of subdivision with my free consent and establish minimum building setback lines as noted.
Owner
Date
(2) Certificate of survey and accuracy:
In accordance with the Manual of Practice for Land Surveying in North Carolina:
On the face of each map prepared for recordation there shall appear a certificate 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 Catawba County
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 ratio of precision 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 ); that this map was prepared in accordance with G.S. 47-30, as amended.
Witness my hand and seal this day of 20__.
Registered Land Surveyor
Official Seal
Registration Number
(3) In accordance with North Carolina General Statute 47-30, the following certificate must be included on the final plat:
State of North Carolina Catawba County
I, ___________, review officer of Catawba County, certify that the map or plat to which this certification is affixed meets all statutory requirements for recording.
__________
Date
________________
Review Officer
(b) During its review of the final plat the subdivision administrator may appoint an engineer or surveyor to confirm the accuracy of the final plat (if agreed to by the City Council). 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.
(c) If the subdivision administrator finds that the minor subdivision final plat is in full compliance with the requirements of this article, he or she may then sign the following certification:
I hereby certify that the minor subdivision plat hereon has been found to comply with the minor subdivision regulations for the City of Claremont and is hereby approved for recording in the office of the Register of Deeds by the subdivider within ninety (90) days of the date of this approval.
Subdivision Administrator
Date
(d) If the subdivision administrator does not approve the final plat, he shall instruct the subdivider concerning resubmission of a revised plat and the subdivider may make such changes as will bring the plat into compliance with the provisions of this article and resubmit same for reconsideration by the subdivision administrator, or appeal to the City Council. If the subdivider appeals to the City Council, the City Council shall review and approve or disapprove the final plat within two regularly scheduled City Council meetings after they receive the plat and recommendations of the subdivision administrator.
(Ord. of 4-6-92, No. 190-92; Ord. of 2/5/01, No. 341-01; Ord. of 3-6-06, No. 5-06; Ord. of 1-5- 15, No. 12-14; Ord. of 6-21-21, No. 41-21)
(a) Prior to the preliminary plat submission, the subdivider shall submit to the subdivision administrator a sketch plan of the proposed subdivision for review and comment containing the following information:
(1) A sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads and waterways;
(2) The boundaries of the tract and the portion of the tract to be subdivided;
(3) The total acreage to be subdivided;
(4) The existing and proposed uses of the land within the subdivision and the existing uses of land adjoining it;
(5) The proposed street layout with approximate pavement and right-of-way width, lot layout and size of lots;
(6) The name, address and telephone number of the owner;
(7) The name of the proposed subdivision;
(8) Streets and lots of adjacent developed or platted properties;
(9) The zoning classification of the tract and of adjacent properties.
(Ord. of 4-6-92, No. 190-92; Ord. of 3-6-06, No. 5-06)
(a) For every subdivision within the territorial jurisdiction established by section 9-4-4 of this chapter, which does not qualify for the abbreviated minor subdivision procedure, the subdivider shall submit a preliminary plat which shall be reviewed and approved by the Planning Board before any construction or installation of improvements may begin.
(b) Ten copies of the preliminary plat (as well as any additional copies which the subdivision administrator determines are needed to be sent to other agencies) shall be submitted to the administrator of this chapter at least 20 days prior to the Planning Board meeting at which the subdivider desires the Planning Board to review the preliminary plat.
(c) Submission of the preliminary plat shall be accompanied by a fee of $50.
(d) Preliminary plats shall meet the specifications in section 9-4-42.
(e) After having received the preliminary plat from the subdivider, the subdivision administrator shall submit copies of the preliminary plat and any other accompanying material to other officials or agencies concerned with new development including, but not limited to:
(1) The district highway engineer as to proposed streets, highways, and drainage systems;
(2) The county health director as to proposed water or sewerage systems;
(3) Any other agency or official designated by the Planning Board or city official.
(f) The Planning Board shall review the preliminary plat at or before its next regularly scheduled meeting which follows at least 20 days after the subdivision administrator receives the preliminary plat and the comments from the appropriate agencies.
(g) The Planning Board shall, in writing, recommend approval, conditional approval with recommended changes to bring the plat into compliance, or disapproval with reasons within 20 days of its first consideration of the plat.
(h) If the Planning Board recommends approval of the preliminary plat, it shall retain one copy of the plat for its minutes, and transmit two copies of the plat to the City Council with its recommendation.
(i) If the Planning Board recommends conditional approval of the preliminary plat it shall keep one copy of the plat for its minutes, transmit two copies of the plat and its recommendation to City Council, and return the remaining copies of the plat and its recommendation to the subdivider.
(j) If the Planning Board recommends disapproval of the preliminary plat, it shall retain one copy of the plat for its minutes, transmit two copies of the plat and its recommendation to the City Council, and return the remaining copies of the plat and its recommendation to the subdivider.
(k) If the Planning Board does not make a written recommendation within 40 days after its first consideration of the plat, the subdivider may apply to the City Council for approval or disapproval.
(l) The subdivider shall present the approved or conditional preliminary plat to the City Council at its next regularly scheduled meeting which follows the Planning Board's decision by at least 20 days. If the Planning Board recommended disapproval of the preliminary plat, the subdivider may present the preliminary plat to the City Council at its next regularly scheduled meeting which follows the Planning Board's decision by at least 20 days. Failure of the subdivider to present the preliminary plat whose disapproval was recommended by the Planning Board at said regularly scheduled City Council meeting constitutes abandonment of the plat as submitted, but shall not prevent the subdivider from subsequently submitting to the Planning Board of a revised preliminary plat for the same parcel of land on accordance with the provisions of this chapter.
(m) If the City Council approves the preliminary plat, such approval shall be noted on two copies of the plat. One copy of the plat shall be retained by the City Council and one copy shall be returned to the subdivider. If the City Council approves the preliminary plat with conditions, approval shall be noted on two copies of the plat along with a reference to the conditions. One copy of the plat along with the conditions shall be retained by City Council and one copy of the preliminary plat along with the conditions shall be returned to the subdivider. If the City Council disapproves the preliminary plat, the reasons for such disapproval shall be specified in writing. One copy of the plat and the reasons shall be retained by City Council and one copy shall be returned to the subdivider.
(Ord. of 4-6-92, No. 190-92; Ord. of 3-6-06, No. 5-06)
(a) Upon approval of the preliminary plat by the City Council, 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 for review by the Planning Board or City Council unless accompanied by written notice by the City Manager and/or City Engineer acknowledging compliance with the improvement and guarantee standards of this chapter. The final plat shall constitute only that 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) Type - In lieu of requiring the completion, installation and dedication of all improvements prior to final plat approval, the city may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements. The type of performance guarantee shall be at the election of the developer. Once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved by City Council, if all other requirements of this chapter are met. To secure this agreement, the subdivider shall provide, subject to the approval of City Council, either one, or a combination of the following guarantees not exceeding 125% of the entire cost as provided herein (G.S. 160D-804.1):
(1) 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 bonds shall be payable to the city and shall be in an amount equal to 125% of the entire cost, as estimated by the subdivider and approved by City Council, of installing all required improvements. The duration of the bond(s) shall be until such time as the improvements are accepted by City Council.
(2) 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 city or in escrow with a financial institution designated as an official depository of the city. The use of any instrument other than cash shall be subject to the approval of City Council. The amount of deposit shall be equal to 125% of the cost, as estimated by the subdivider and approved by City Council, 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 City Council an agreement between the financial institution and himself guaranteeing the following:
a. That the escrow account shall be held in trust until released by the City 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 case of a failure on the part of the subdivider to complete said improvements, the financial institution shall, upon notification by the City Council, and submission by City Council to the financial institution of an engineer’s estimate of the amount needed to complete the improvements, immediately either pay to the city the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the city any other instruments fully endorsed or otherwise made payable in full to the city.
(3) Other form of guarantee that provides equivalent security to a surety bond or letter of credit.
(c) 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 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.
(d) 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 City Council, pay all or any portion of the bond or escrow fund to the city up to the amount needed to complete the improvements based on an engineering estimate. Upon payment, the City Council, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The city shall return to the subdivider any funds not spent in completing the improvements.
(e) Release - The City Council may release a portion of any security posted as the improvements are completed. If the City Council approves said improvements, then it shall immediately release any security posted. The city shall return letters of credit or escrowed funds upon completion of the required improvements to its specifications or upon acceptance of the required improvements, if the required improvements are subject to city acceptance. When required improvements that are secured by a bond are completed to the specifications of the city, or are accepted by the city, if subject to its acceptance, upon request by the developer, the city shall timely provide written acknowledgment that the required improvements have been completed.
(f) The City Council shall require a bond guaranteeing utility taps, curbs, gutters, street pavement, sidewalks, drainage facilities, water and sewer lines, and other improvements against defects for one year. The bond shall be determined by the city manager or consulting engineer and shall be in cash or made by a surety company authorized to do business in North Carolina.
(g) The City Council shall require the subdivider to submit a letter to the City Clerk in which he agrees to maintain all improvements and any ditch which has been dug in connection with the installation of such improvements. The letter shall be binding to the subdivider for a period of one year following acceptance of the improvements by the city.
(h) Amount. - The amount of the performance guarantee shall not exceed one hundred twenty-five percent (125%) of the reasonably estimated cost of completion at the time the performance guarantee is issued. The city may determine the amount of the performance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include one hundred percent (100%) of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional twenty-five percent (25%) allowed under this subdivision includes inflation and all costs of administration regardless of how such fees or charges are denominated. The amount of any extension of any performance guarantee shall be determined according to the procedures for determining the initial guarantee and shall not exceed one hundred twenty-five percent (125%) of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.
(i) Timing. - The city, at its discretion, may require the performance guarantee to be posted either at the time the plat is recorded or at a time subsequent to plat recordation.
(j) Coverage. - The performance guarantee shall only be used for completion of the required improvements and not for repairs or maintenance after completion.
(k) Legal responsibilities. - No person shall have or may claim any rights under or to any performance guarantee provided pursuant to this subsection or in the proceeds of any such performance guarantee other than the following:
(1) The city to whom the performance guarantee is provided.
(2) The developer at whose request or for whose benefit the performance guarantee is given.
(3) The person or entity issuing or providing the performance guarantee at the request of or for the benefit of the developer.
(l) Multiple guarantees. - The developer shall have the option to post one type of a performance guarantee as provided for in subdivision (b) of this section, in lieu of multiple bonds, letters of credit, or other equivalent security, for all development matters related to the same project requiring performance guarantees.
(m) Exclusion. - Performance guarantees associated with erosion control and stormwater control measures are not subject to the provisions of this section.
(a) The subdivider shall submit the final plat, so marked, to the subdivision administrator not less than 20 days prior to the Planning Board meeting at which it will be reviewed; further, the final plat for the first stage of the subdivision shall be submitted not more than 12 months after the date on which the preliminary plat was approved; otherwise such approval shall be null and void, unless a written extension of this limit is granted by the City Council on or before the 12th month anniversary of the approval.
(b) The final plat shall be prepared by a Registered Land Surveyor currently licensed and registered in the state 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 as amended and the Manual of Practice for Land Surveying in North Carolina. In the event of conflict between the provisions for plats, subdivisions and mapping requirements set forth in G.S. 47-30 as amended and the Manual of Practice for Land Surveying in North Carolina, the provisions as set forth in G.S. 47-30 as amended shall control.
(c) Ten copies of the final plat shall be submitted; two of these shall be on reproducible material; eight shall be black or blue line paper prints. 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 Catawba County Register of Deeds. In the event of conflict between material and drawing medium for the original as set forth in the Manual of Practice of Land Surveying in North Carolina and the requirements of the Catawba County Register of Deeds, the requirements of the Catawba County Register of Deeds shall control.
(d) The final plat shall be of a size suitable for recording with the Catawba County Register of Deeds and shall be at a scale of not less than one inch equals 200 feet. Maps may be placed on more than one sheet with appropriate match lines.
(e) The final plat shall meet the specifications in section 9-4-42 of this article.
(f) The following signed certificates shall appear on all ten copies of the final plat:
(1) 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 City of Claremont and that I hereby adopt this plan of subdivision with my free consent and establish minimum building setback lines as noted.
Owner
Date
(2) Certificate of Survey and Accuracy. In accordance with the Manual of Practice for Land Surveying in North Carolina:
On the face of each map prepared for recordation there shall appear a certificate 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 form:
State of North Carolina Catawba County
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 ratio of precision as calculated by latitudes and departure is 1: , (that the boundaries not surveyed are shown as broken lines plotted from information found in Book , Page ); 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__.
Registered Land Surveyor
Official Seal
Registration Number
(3) 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 City specifications and standards in the Subdivision or that guarantees of the installation of the required improvements in an amount and manner satisfactory to the City of Claremont have been received, and that the filing fee for this plat, in the amount of $ has been paid.
City Engineer or
City Manager
Date
(4) In accordance with North Carolina General Statute 47-30, the following certificate must be included on the final plat:
State of North Carolina Catawba County
I, ____________, Review Officer of Catawba County, certify that the map or plat to which this certification is affixed meets all statutory requirements for recording.
_________
Date
_______________
Review Officer
(g) The Planning Board shall review the final plat at or before its next regularly scheduled meeting which follows at least 20 days after the subdivision administrator receives the final plat and shall recommend approval or disapproval of the final plat with reasons within 40 days of its first consideration of the plat.
(h) If the Planning Board recommends approval of the final plat, it shall transmit all copies of the plat and its written recommendations to the City Council through the subdivision administrator. Such approval shall be shown on each copy of the final plat by the following signed certification:
The Claremont Planning Board hereby approves the final plat for the Subdivision.
Chairman, Claremont
Planning Board
Date
(i) If the Planning Board recommends disapproval of the final plat, it shall instruct the subdivider concerning resubmission of a revised plat and the subdivider may make such changes as will bring the plat into compliance with the provisions of this chapter, and resubmit same for reconsideration by the Planning Board, or proceed to the City Council.
(j) Failure of the Planning Board to make a written recommendation within 40 days shall constitute grounds for the subdivider to apply to the City Council for approval.
(k) The City Council shall review and approve or disapprove the final plat within 45 days after the plat and recommendations of the Planning Board have been reviewed.
(l) During its review of the final plat, the City Council may, upon Planning Board recommendation, appoint a Registered Land Surveyor to confirm the accuracy of the final plat. If substantial errors are found, the costs shall be charged to the subdivider and the plat shall not be approved until such errors have been corrected
(m) If the City Council approves the final plat, such approval shall be shown on each copy of the plat by the following signed certificate:
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 City of Claremont, North Carolina and that this plat has been approved by City Council for recording in the Office of the Register of Deeds of Catawba County.
Mayor
City of Claremont, North
Carolina
Date
(n) If the final plat is disapproved by City Council, the reasons for such disapproval shall be stated in writing, specifying the provisions of this chapter with which the final plat does not comply. One copy of such reasons and one print of the plat shall be retained by the City Council as part of its proceedings; one copy of the reasons and three copies of the plat shall be transmitted to the subdivider. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance and resubmit same for reconsideration by the Planning Board and City Council or by the City Council as determined by City Council.
(o) If the final plat is approved by City Council, the original tracing and one print of the plat shall be retained by the subdivider. One reproducible tracing and one print shall be filed with the City Clerk, and one print shall be returned to the Planning Board for its records.
(p) The subdivider shall file the approved final plat with the Register of Deeds of Catawba County within 15 days of City Council approval; otherwise, such approval shall be null and void.
(Ord. of 4-6-92, No. 190-92; Ord. of 2/5/01, No. 341-01; Ord. of 3-6-06, No. 5-06)
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