This section shall apply to both major and minor subdivision.
(A) Preparation of final plat and installation of improvements.
(1) Upon approval of the preliminary plat, 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.
(a) 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.
(b) The final plat shall constitute only that portion of the preliminary plat, which the subdivider proposes to record and develop at that time.
(c) The portion shall conform to all requirements of this chapter and shall depict the subdivision, or portion thereof, in substantially the same form and layout as that approved in the preliminary plat.
(d) Otherwise, the final plat may not be approved.
(e) Only that portion of the subdivision proposed for final plat approval and recordation in the County Deeds office shall be shown on the final plat.
(2) The subdivider shall submit the final plat to the Subdivision Administrator no later than 24 months after the approval of the preliminary plat, unless a greater time period was stipulated originally in the approval. Otherwise, approval of the preliminary plat shall expire and become null and void. A non-refundable fee of $100 shall accompany each final plat submitted.
(3) Notwithstanding, the subdivider may submit a request to the Subdivision Administrator for a time extension for up to 12 months for submittal of the final plat.
(a) The request must be submitted to the Subdivision Administrator prior to the original preliminary plat expiration date.
(b) No more than one extension may be granted by the Subdivision Administrator.
(c) The subdivider may submit a final plat for only a portion of the subdivision given preliminary plat approval.
(d) The submission shall extend the expiration date for the remaining portion(s) of the subdivision for an additional 24 months past the date of the final plat approval.
(B) Improvements guarantees.
(1) Agreement and security required.
(a) In lieu of requiring the completion, installation and dedication of all improvements prior to final plat approval, the town may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements.
(b) Once the agreement is signed by the town and the subdivider, and the security required herein is provided, the final plat may be approved by the Town Board of Aldermen, if all other requirements of this chapter are met.
(c) In no case may the Planning Board approve the final plat for any subdivision containing a bond or other similar type of security.
(d) To secure this agreement, the subdivider shall provide to the Town Board of Aldermen either one, or a combination of the following guarantees.
(e) The amount of the guarantee shall be equal to 1.25 times the cost of installing all required improvements.
(f) All the guarantees shall be subject to the approval of the Town Board of Aldermen and shall be made payable to the town.
1. Surety performance bond(s). The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do business in the state. The duration of the bond(s) shall be until a time as the Town Board of Aldermen accepts the improvements.
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 town or in escrow with a financial institution designated as an official depository of the town. If cash or other instrument is deposited in escrow with a financial institution as herein provided, the subdivider shall then file with the Town Board of Aldermen an agreement between the financial institution and himself or herself guaranteeing the following:
a. The escrow account shall be held in trust until released by the Town Board of Aldermen and may not be used or pledged by the subdivider in any other matter during the term of the escrow; and
b. In the case of a failure on the part of the subdivider to complete the improvements, the financial institution shall, upon notification by the Town Board of Aldermen and submission by the Town Board of Aldermen 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.
(2) 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 Town Board of Aldermen, pay all or any portion of the bond or escrow fund to the town up to the amount needed to complete the improvements based on the Town Engineer’s estimate.
(a) Upon payment, the Town Board of Aldermen, in its discretion, may expend that portion of the funds, as it deems necessary to complete all or any portion of the required improvements.
(b) The town shall return to the bonding firm any funds not spent in completing the improvements.
(c) Should the amount of funds needed to complete the installation of all required improvements exceed the amount in the bond or escrow account, the subdivider shall nonetheless be responsible for providing the funds to cover the costs.
(d) The subdivider shall at all times bear the financial burden for the installation of all required improvements.
(3) Release of guarantee security. The Town Board of Aldermen may authorize the Town Manager to release a portion of any security posted as the improvements are completed and approved by the town. The funds shall then be released within ten days after the corresponding improvements have been so approved.
(C) Submission procedure.
(1) At least seven complete copies of the final plat shall be submitted to the Subdivision Administrator.
(2) One of these copies shall be on reproducible material; the remaining copies shall be black or blue line paper prints. Those copies shall only be considered complete if they contain all of the information required by § 152.058 and the requisite fee has been paid.
(3) The Planning Board shall have the authority to review and approve any final plat except one, which involves improvement guarantees as outlined in division (B) above. The Planning Board shall, at his or her discretion, transmit a final plat to the Town Board of Aldermen for its review and approval.
(4) All required complete copies of the final plat shall be submitted to the Subdivision Administrator at least ten days prior to the Planning Board meeting at which the plat is to be reviewed. The meeting may be a special meeting or the next regularly scheduled meeting occurring at least ten days after the date of submittal.
(5) The Planning Board shall have up to 45 days from the meeting date at which the plat was reviewed to:
(a) Approve the plat;
(b) Approve the plat with conditions; or
(c) Disapprove the plat.
(6) If no recommendation or decision is made during the 45-day period, the plat shall automatically be submitted to the Town Board of Aldermen for their decision.
(7) Material and drawing medium for the reproducible copy shall be in accordance with the Standards of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the County Register of Deeds.
(8) The final plat shall be at a size suitable for recordation in the County Deeds office, and shall be at a scale of not less than one inch equals 100 feet, unless each lot in the proposed subdivision is more than three acres. In that case, the scale shall not be less than one inch equals 200 feet. Maps may be placed on more than one sheet with appropriate match lines.
(9) If the final plat is disapproved, the Subdivision Administrator shall instruct the subdivider concerning the re-submission of a revised plat and the subdivider may make changes as will bring the plat into compliance with this chapter. The subdivider shall have 21 days from the date of denial to resubmit his or her plat for approval without having to pay an additional filing fee.
(10) If a revised plat is not submitted within that period, any future of an additional filing resubmittal of the plat will require the payment of an additional filing fee.
(11) The resubmitted revised plat shall be reviewed in the same manner as any other final major subdivision plat. The Subdivision Administrator shall retain at least one copy of any disapproved plat along with the reasons for disapproval as part of the town’s official records. A copy of the reasons and any remaining copies of the plat shall also be transmitted to the subdivider.
(12) The subdivider shall have 21 days from the date of final approval to have the plat recorded in the County Deeds office. Otherwise, the approved final plat shall be null and void.
(13) If the final plat is approved, the approval shall be shown on the reproducible plat by the following signed certificate:
(a) 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 Dallas, North Carolina and that this plat has been approved by _______________________ on _________________ for recording in the Gaston County Deeds Office.
________________________________ ___________________
Subdivision Administrator Date
Dallas, North Carolina
(b) 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 Dallas and that I hereby adopt this plan of subdivision with my free consent, establish minimum building setback lines, and dedicate all streets, walks, parks, and other sites and easements to public or private use as noted.
Furthermore, I hereby dedicate all sanitary sewers to ______________________, all storm sewer systems to ________________________ and all water lines to ______________________.
_______________________________ ____________________
Owner(s) Date
(c) Certificate of survey and accuracy.
In accordance with the Standards of Practice for Land Surveying in North Carolina:
On the face of each map prepared for recordation for 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,
GASTON 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 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
I, (officer authorized to take acknowledgments) do hereby certify that (name of registered surveyor) personally appeared before me this day and acknowledged the due execution of this certificate. Witness my hand and (where an official seal is required by law) official seal this the _________day of _______________, 20__.
________________________________
Signature of Officer
OFFICIAL SEAL
(d) Certificate of approval of the design and installation of streets, utilities and other required improvements.
I hereby certify that all streets, public utilities and other required improvements have been installed in an acceptable manner and according to N.C. Department of Transportation specifications and standards in the ___________________ Subdivision or as otherwise provided for in this chapter, or that guarantees of the installation of the required improvements in an amount and manner satisfactory to the Town of Dallas has been received, and that the filing fee for this plat, in the amount of $50 has been paid.
______________________________ ________________
Subdivision Administrator Date
TOWN OF DALLAS
(Ord. passed 1-16-2001)