(A) Preparation of final plat and installation of improvements. Upon approval of the preliminary plat by the County Board of Commissioners, the subdivider may proceed with the preparation of the final plat and the installation and arrangements for required improvements, or guarantee their installation.
(B) Performance guarantee. When the required improvements have not been completed prior to submission of the final plat, the developer is required to guarantee the completion of the required improvements by means satisfactory to the Planning Director in consultation with the developer’s engineers and/or surveyors in an amount equal to the estimated cost of construction of the required improvements. Performance guarantees may be reviewed by the Planning Board at the request of the Planning Director. Performance guarantees shall run for a period of one year and may be renewed for successive one-year periods upon written approval from the Planning Director.
(C) Defects guarantee.
(1) The Planning Board shall require a guarantee on utility taps, ramps, streets, pavement, sidewalks, drainage facilities, and water and sewer lines and other improvements against defects for one year from the date of acceptance of construction and/or installation. The amount shall be determined by the Planning Director in consultation with the developer’s engineers and/or surveyors. One of the guarantees listed under division (B) above shall be used.
(2) The above defects guarantee requirement will, however, be satisfied if the developer presents written evidence satisfactory to the Planning Director that the contractor building the required improvements guarantees the improvements for a period of one year from the date of acceptance of construction and/or installments.
(D) The final plat. The final plat shall constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at the time; such portion shall conform to all the requirements of these regulations.
(E) Plat submitted. The subdivider shall submit the final plat, so marked, to the Planning Director. The Planning Director shall have 30 days to review the final plat. The final plat shall not be submitted more than 12 months after the date on which the preliminary plat was approved unless a written extension of this time limit is granted by the Planning Director on or before the one-year anniversary date of approval. Otherwise such approval shall be null and void.
(F) Plat prepared. The final plat shall be prepared by a land surveyor licensed and registered to practice in the state. The final plat shall conform to the preliminary plat as it was approved.
(G) Number of copies. Eight copies of the final plat shall be submitted. Two of these shall be on sepia suitable for reproduction to be submitted after recording with the Register of Deeds. Six shall be black or blue prints.
(H) Size of sheets. Final plats shall have an outside marginal size of 18 by 24 inches.
(I) Fees. Submission of the final plat must be accompanied by a filing fee established by the Board of Commissioners in the county Zoning Chapter. (See § 155.286.)
(J) Required certifications. The following signed certificates shall appear on all copies of the final plat which are submitted to the Planning Board by the subdivider:
(1) Certificate of ownership and dedication.
I (we) hereby certify that I am (we are) the owner(s) of the property described hereon, which is located in the subdivision jurisdiction of Davie County and that I hereby adopt this subdivision plan with my free consent, established minimum building setback lines and dedicate all streets, alleys, walks, parks, and other sites and easements to public or private use as noted.
Owners Date
(2) Certificate of approval of private (on- site) sewage disposal systems.
I hereby certify that the County Health Department has evaluated the Subdivision entitled with respect to criteria and conditions established by state law or promulgated thereunder and the same is found to comply with such criteria and conditions EXCEPT as found in such evaluation. For details of this evaluation and for limitations, see the written report on file at the Department.
IMPORTANT NOTICE: THIS CERTIFICATE DOES NOT CONSTITUTE A PERMIT OR APPROVAL OF INDIVIDUAL LOTS IN THE SUBDIVISION FOR INSTALLATION OF SEWAGE FACILITIES.
Date County Health Official
(certificate not required for subdivisions which are connected, or will be connected, to existing publicly-owned and operated water supply and sewage disposal systems.)
(3) 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 ___, Line___, Page____, and the like) (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___; 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
License or Registration Number
(4) Declaration of road design and construction (subdivider to maintain or not maintain roads):
I hereby declare that, to the best of my knowledge, the non-state maintained road(s) allowed under §§ 154.40 through 154.47 of the County Subdivision Regulations and which are a part of this subdivision have been designed and (will be) built to the standards of the regulation. I also hereby declare that once the road(s) is constructed to the required standards, I will (no longer) be responsible for maintenance of these roads.
(5) Perpetual ownership and/or maintenance of streets, roads, and rights-of-way. By written document sufficient for recording in the Office of the Register of Deeds, either an owners’ association is created and established by the subdivider through the recording of restrictive covenants or other documents creating the association, or an agreement satisfactory to the Planning Board is provided by the developer, for the perpetual ownership and/or maintenance of streets and right-of-way within the subdivision, and/or which provides exclusive access to the subdivision of all future lot owners, then the street and rights-of-way may be designated as “private residential streets.” In such cases the subdivider shall grant to or dedicate to either the owner’s association or to the property owners within the subdivision rights-of-way for all streets in accordance with the private residential street standards set forth hereafter, but the subdivider shall not be required to dedicated the street rights-of-way for public use. All private residential streets shall be designed and constructed in accordance with the standards set forth in this section.
(6) Disclaimer in wetland. If any wetland areas are located on the final plat, the following disclaimer shall be required:
Section 404 jurisdictional wetland areas shown on this plat reflect the laws and published regulations in effect at the time of Planning Board review and approval of this subdivision. Amendments to the wetlands jurisdictional regulations may occur and, as such, wetland area boundary lines could be subject to change. A reevaluation by a Corps of Engineers representative is recommended within three years after plat approval to ensure the accuracy of jurisdictional boundaries at the time of development.
(K) Review procedure. Final plats shall be reviewed under the following procedure:
(1) (a) The Planning Director shall approve or disapprove the final plat within 30 days of submittal. If the Planning Director approves the final plat, such approval shall be indicated on each copy of the final plat by the following signed certificate:
I hereby certify that the subdivision plat shown hereon has been found to comply with the County Subdivision Regulations, with the exception of such variances, if any, as are noted in the minutes of the Planning Board and that it has been approved for recording in the Office of the Register of Deeds. It is hereby noted that such approval for recordation does not include approval to install and utilize sanitary facilities nor does it include approval for the construction or occupancy of buildings or structures.
Director, County Planning Department
(b) If the Planning Director disapproves the final plat, the Planning Director shall state in writing the reasons for such action. One copy of this statement shall be transmitted to the subdivider within ten days of disapproval; one copy shall be retained by the Planning Director. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance with these regulations and resubmit for reconsideration by the Planning Director.
(c) The approval or denial of a final subdivision plat may be appealed to the County Board of Adjustment in accordance with § 155.234. The Board of Adjustment shall decide all petitions for appeal from the decision made by the Planning Director to approve or deny a final plat. Any reversal, modification, or affirmation of a decision made by the Planning Director will be entered in writing in the minutes of the Board of Adjustment with the justification set forth. The Board of Adjustment may decide to reverse or modify the decision under appeal upon finding an error in the application of these regulations on the part of the Planning Director.
(2) The final plat shall be approved by the County Board of Commissioners prior to recording.
(L) Distribution of copies. When the final plat is approved by the Planning Director, the final plat shall be returned to the subdivider. Two reproducible copies shall be filed by the subdivider with the Register of Deeds of the county.
(M) Abbreviated procedure. The abbreviated procedure affords the sale of lots and/or tracts of land which qualify as subdivisions under the definition in the state statutes, but which have little impact on the county. Subdivisions of lands which involve no street right-of-way dedication, no utility extensions, ten lots or less, and ten total acres or less may follow the abbreviated procedure. This procedure requires only a final plat be submitted to the Planning Director for approval. If the area proposed for subdivision is part of a larger tract which the subdivider owns, or has an option on or legal interest in, the subdivision shall not qualify under the abbreviated procedure. The Planning Director shall approve or disapprove the final plat of an abbreviated subdivision pursuant to division (K) of this section.
(N) Recording of the final plat. The subdivider shall file the approved final plat with the Register of Deeds of the county for recording within six months after the date of the Planning Director’s approval; otherwise, such approval shall be null and void.
(O) Resubdivision procedures. For any replatting or resubdivision of land, the same procedure, rules, and regulations shall apply as prescribed herein for an original subdivision except that lot sizes may be varied on an approved plat after recording provided that:
(1) No lot or tract of land shall be created or sold that is smaller than the size shown on the approved plat;
(2) Drainage, easements, or rights-of-way shall not be changed;
(3) Street alignment and block sizes shall not be changed;
(4) Property lines between the back of the lots shall not be changed;
(5) The rear portion of lots shall not be subdivided from the front part; and
(6) The character of the area shall be maintained.
(P) Maintenance of required improvements.
(1) The subdivider is responsible for maintenance of all required improvements, including rights-of-way, to the standards of this chapter until such time as a unit of government, public or private utility, homeowners’ association, property owners’ association, lot owner, or other legal entity assumes formal, legal responsibility for maintenance of the improvements. The record plat must include the subdivider’s signed and notarized acknowledgment of this responsibility. The subdivider must also provide each prospective buyer of any lot shown on the record plat with written disclosure of the subdivider’s responsibility for maintaining required improvements.
Subdivision Disclosure Statement
1. All required improvements have been certified as complete except for the listed improvements and these shall be completed by the following dates:
Improvement Date
2. As Subdivider , am (are) responsible for:
a. Construction of all required improvements in accordance with the approved preliminary plat and construction plans;
b. Completion of all improvements per schedule above;
c. Maintenance of each required improvement until assumed by:
Improvement Entity
d. Provision to the prospective buyer of any lot shown on this record plat with a written disclosure of (a) my (our) responsibility for completing and maintaining the required improvements and its schedule.
Signature Notary
(2) Perpetual ownership and/or maintenance of private streets, roads, and rights-of-way. By written document sufficient for recording in the office of the Register of Deeds, either an owners’ association is created and established by the subdivider through the recording of restrictive covenants or other documents creating the association, or an agreement satisfactory to the Planning Board is provided by the developer, for the perpetual ownership and/or maintenance of streets and right-of-way within the subdivision, and/or which provides exclusive access to the subdivision of all future lot owners, then the street and rights-of-way may be designated as “private streets.” In such cases the subdivider shall grant to or dedicate to either the owner’s association or to the property owners within the subdivision rights-of-way for all streets in accordance with the private street standards set forth hereafter, but the subdivider shall not be required to dedicate the street rights-of-way for public use. All private streets shall be designed and constructed in accordance with the standards set forth in this chapter.
(1996 Code, § 154.24) (Ord. passed 3-21-1994; Ord. passed 9-20-2004; Ord. passed 1-18-2005; Ord. passed 11-6-2006)