(A)   Expedited review and recordation. Consistent with the standards of G.S. § 160D-802, the town will only require a plat for recordation for the division of a tract or parcel of land in single ownership if all of the following criteria are met:
      (1)   The tract or parcel to be divided is not exempted under § 155.01(E).
      (2)   No part of the tract or parcel to be divided has been divided under the rules of this division in the 10 years prior to division.
      (3)   The entire area of the tract or parcel to be divided is greater than 5 acres.
      (4)   After division, no more than 3 lots result from the division.
      (5)   After division, all resultant lots comply with the following requirements:
         (a)   Any lot dimension size requirements of the applicable land-use regulations.
         (b)   The use of the lots is in conformity with the applicable zoning requirements.
         (c)   A permanent means of ingress and egress is recorded for each lot.
   (B)   Sketch plan.
      (1)   Contents. The subdivider shall submit to the Subdivision Administrator a sketch plan of the proposed subdivision containing the following information:
         (a)   A sketch map of the vicinity of the proposed subdivision showing its location in relation to neighboring tracts, subdivisions, roads and waterways;
         (b)   The boundaries of the entire tract in common ownership and the portion of the tract to be subdivided;
         (c)   The total acreage to be subdivided;
         (d)   The existing and proposed uses of the land within the subdivision; and the existing uses of land adjoining it;
         (e)   The proposed street layout with approximate pavement and right-of-way width, lot layout and size of lots;
         (f)   The name, address and telephone number of the owner and, if applicable, a written and acknowledged statement of the owner designating the subdivider or other person to act as his or her agent for the submission of plats;
         (g)   The name, if any, of the proposed subdivision;
         (h)   Streets and lots of adjacent developed or platted properties;
         (i)   If applicable, the zoning classification of the tract and of adjacent properties; and
         (j)   A statement from the Dare County Health Department that a copy of the sketch plan has been submitted to that agency.
      (2)   Review.
         (a)   The Subdivision Administrator shall review the sketch plan for general compliance with the requirements of this chapter and other applicable policies and shall advise the subdivider of the policies applicable to the proposed subdivision and the procedures to be followed in the preparation and submission of the preliminary and final plats.
         (b)   One copy of the sketch plan shall be retained for the files of the Subdivision Administrator.
   (C)   Preliminary plat.
      (1)   Submission and contents.
         (a)   After the Subdivision Administrator has reviewed the sketch plan and provided comments or informally acknowledged sufficiency, the subdivider shall submit to the Subdivision Administrator 18 copies of a preliminary plat of the subdivision at a scale of 1 inch to 100 feet, drawn on a sheet 18 inches by 24 inches or another size as may be required for recording by the Dare County Register of Deeds.
         (b)   A professional engineer shall prepare the preliminary plat or land surveyor currently licensed or registered by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors and shall show or have attached to it a document showing the following information:
            1.   Title block containing:
               a.   Property designation;
               b.   Name of owner;
               c.   Location (including township, county and state);
               d.   Date or dates survey was conducted and plat prepared;
               e.   A scale of drawing in feet per inch listed in words or figures; and
               f.   Name, address, registration number and seal of the land surveyor and/or professional engineer.
            2.   A map of the vicinity of subdivision showing the relationship between the proposed subdivision and surrounding area;
            3.   Corporate limits, township boundaries, county lines if on the subdivision tract;
            4.   The names, titles, firm association, addresses and telephone numbers of all owners, sub-dividers, mortgages, planners, architects, landscape architects and engineers responsible for the subdivision;
            5.   The registration numbers and seals of the professional engineers and land surveyors;
            6.   North arrow and orientation;
            7.   Boundary lines of the tract to be subdivided fully dimensioned by lengths and bearings, and the location of existing boundary lines of adjoining lands;
            8.   The names of owners of adjoining properties;
            9.   The names of any adjoining subdivisions of record, proposed or under review;
            10.   Minimum building setback lines, front, side and rear;
            11.   The zoning classifications of the tract to be subdivided and adjoining properties (if area is not zoned, that shall be indicated);
            12.   Existing property lines on the tract to be subdivided and on adjoining properties;
            13.   Existing buildings or other structures, watercourses, bridges, culverts, storm drains, both on the land to be subdivided and land immediately adjoining;
            14.   Proposed lot lines, lot and block numbers and approximate dimensions;
            15.   Lots numbered consecutively throughout the subdivision;
            16.   Wooded areas, marshes, swamps, mean high tide lines, vegetation line, primary and other dunes, ponds or lakes, streams or streambeds and any other natural features affecting the site;
            17.   Flood hazard, flood-way and flood-way fringe areas;
            18.   Base flood elevation data if available;
            19.   The following data concerning streets:
               a.   Proposed streets;
               b.   Existing and platted streets on adjoining properties and in the proposed subdivision;
               c.   Rights-of-way, location and dimensions;
               d.   Pavement widths;
               e.   Approximate grades;
               f.   Design engineering data for all corners and curves;
               g.   Typical street cross sections;
               h.   Street names;
               i.   Type of street dedication; all streets must be designated either “public” or “private;” and
               j.   Where streets are dedicated to the public but not accepted into the state or town system before lots are sold, a statement explaining the status of the street and a draft street maintenance agreement.
            20.   The location and dimensions of all:
               a.   Utility and other easements;
               b.   Riding trails;
               c.   Natural buffer areas;
               d.   Pedestrian or bicycle paths;
               e.   Parks and recreation areas with specific type indicated;
               f.   School sites;
               g.   Areas to be dedicated to or reserved for public use;
               h.   Areas to be used for purposes other than residential with the purpose of each stated; and
               i.   The proposed ownership and maintenance of recreation and open space lands, trails, paths and the like.
            21.   The plans for utility layouts including:
               a.   Sanitary sewers;
               b.   Storm sewers;
               c.   Other drainage facilities;
               d.   Water distribution lines;
               e.   Natural gas lines;
               f.   Telephone lines;
               g.   Electric lines;
               h.   Cable television lines; and
               i.   Illustrative connections to existing systems, line sizes, the location of fire hydrants, blow-offs, manholes, force mains and gate valves and the like.
            22.   Plans for individual water supply and sewage disposal systems;
            23.   Profiles based upon mean sea level datum for sanitary sewers and storm sewers;
            24.   Site calculations including:
               a.   Acreage in total tract to be subdivided;
               b.   Acreage in parks and recreation areas, areas of environmental concern, and other non-residential uses, by category;
               c.   Total number of parcels created;
               d.   Acreage in the smallest lot in the subdivision; and
               e.   Linear feet in streets.
            25.   The name and location of any property or buildings within the proposed subdivision or within any contiguous property that is located on the United States Department of Interior’s National Register of Historic Places or which have been deemed to have historical, cultural or archaeological resource potential by the North Carolina Department of Cultural Resource;
            26.    If any property, or any portion of any property, or any structures, located on any property proposed to be subdivided are determined to be historically, culturally or archaeologically significant, or potentially significant, the Subdivision Administrator may require a detailed evaluation of that site or structure. If a detailed evaluation is required and the results of that evaluation establish the validity of a cultural, historical or archaeological resource, the developer shall be notified in writing by the Subdivision Administrator that a 90-day administrative “hold” on the review of the preliminary plat has been invoked. During this 90-day period, the developer shall take action as may be necessary to prescriptively remove and preserve any remnant artifacts, relocate or submit plans for the relocation or preservation of any historic structures, or present for the Subdivision Administrator’s consideration any other mitigation plan to address the historical, cultural or archaeological resources on the property proposed to be subdivided;
            27.   Sufficient engineering data to determine readily and reproduce on the ground every straight or curved line, street lines, lot line, right-of-way line, easement line and setback line, including dimensions, bearings or deflection angles, radii, central angles and tangent distance for the center line or curved property lines that are not the boundary line or curved streets. All dimensions shall be measured to the nearest 1/10 of a foot and all angles to the nearest minute;
            28.   The accurate locations and descriptions of all monuments, elevations, markers and control points;
            29.   A copy of any proposed deed restrictions or similar covenants;
            30.   A copy of the document or documents for the creation and continued operation of the homeowners, landowners or similar association of the consumers of the subdivision;
            31.    Topographic map when it is determined by the Subdivision Administrator that one is needed, with 1-foot or 2-foot contour intervals;
            32.   Boundaries of all areas of environmental concern designated in accordance with the Coastal Area Management Act of 1974, being G.S. §§ 113A-100 et seq.;
            33.   If any portion of any lot within the subdivision falls within an area of environmental concern the following notice shall be placed on the face of the plat:
“Some portions of some lots in this subdivision are located in areas of environmental concern. Individual permits may be required before development may take place in these areas.”
            34.   All certifications and approvals required by state law including proof that when improved in accordance with the preliminary plat the public streets and roads will be eligible for inclusion in the state system in accordance with G.S. § 136-102.6, eligible for inclusion in the town’s street system or, if private will comply with the same standards except for stipulated exceptions;
            35.   If the subdivision is to be developed in phases, the boundaries of each phase and the sequence in which each is to be developed; an inventory and evaluation of the soil and water resources within the proposed subdivision; and
            36.   If the subdivision is within the service area of any public or private water supply system, a statement from the chief executive official of the system indicating if the proposed subdivision may be connected to that system.
      (2)   Review.
         (a)   Review by other agencies. The Subdivision Administrator will submit the preliminary plat to the District Highway Engineer, the County Health Director, and to other appropriate agencies including review necessary to assure coordination with the North Carolina Coastal Management Program and offices of the town for review and recommendations.
         (b)   Review by Subdivision Administrator.
            1.   After considering any report and/or recommendations received in addition to any comments which the subdivider may have, the Subdivision Administrator shall approve or disapprove the preliminary plat.
            2.   If the Subdivision Administrator disapproves the preliminary plat the reasons for the action shall be stated, and recommendations made on the basis of which the proposed subdivision could be approved.
   (D)   Final plat.
      (1)   Preparation of final plat and installation of improvements. Upon approval of the preliminary plat by the Town Council, the subdivider may proceed with the preparation of the final plat and installation of 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. The Subdivision Administrator will accept no final plat for review unless accompanied by a statement signed by the subdivider certifying that all the provisions of this chapter have been complied with and that all the required improvements have been installed. The final plat shall include only that portion of the preliminary plat which the subdivider proposed to record at that time.
      (2)   Submission of the final plat.
         (a)   The subdivider shall submit to the Subdivision Administrator the final plat, so marked, for review.
         (b)   The final plat for the subdivision or for the first phase of the subdivision as indicated in the sequence of phases on the approved preliminary plat shall be submitted not more than 12 months after the date on which the preliminary plat was approved; otherwise approval of the preliminary plat shall expire and be null and void.
         (c)   The Subdivision Administrator shall grant a one-time extension of 12 months for the installation of improvements and submission of the final plat if the subdivider applies for the extension in writing before the expiration of the initial period and has begun to install the required improvements and has made substantial progress (over 60% of total improvement costs as certified by a professional engineer currently licensed and registered in the State of North Carolina).
         (d)   A final plat for each subsequent phase must be submitted within 12 months after the final plat for the previous phase has been approved or the approval of the preliminary plat as to the remaining phases shall be null and void.
         (e)   The final plat shall be prepared in accordance with the highest professional standards by a land surveyor or professional engineer currently licensed and registered in the State of North Carolina by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors.
         (f)   The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G.S. § 47-30 and shall show or have attached to it a document showing the same information required for the preliminary plat.
         (g)   Eighteen copies of the final plat shall be submitted; 3 shall be reproducible black or blue line prints.
         (h)   The final plat shall be of a size suitable for recording in the Dare County Register of Deeds and shall be at a scale of not less than 1 inch equals 200 feet. Maps may be placed on more than 1 sheet with appropriate match lines.
         (i)   Submission of the final plat shall be accompanied by a cashiers or certified check payable to the Dare County Register of Deeds in the amount of the recording fee for the final plat and related documents.
      (3)   Certification. The following signed and acknowledged certificates or required portions thereof shall appear on all copies of the final plat:
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 Duck, North Carolina 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 lines to the Town of Duck, North Carolina.
____________________   ________________________________________________
Date               Owners
   I ________________, hereby certify that__________________________ personally appeared before me this day and acknowledged the due execution of this certificate. Witness my hand and official seal this the _______ day of ___________, A.D. 20____.
_____________         ______________________________________
(Official Seal)         Signature
State of North Carolina
Dare 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 ___________ and the like) (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; and that the prescribed reference points have been properly placed. Witness my hand and seal this the ______day of ______________, A.D. 20_____.
            Registered Land Surveyor/Professional Engineer
(Official Seal)
            Registration Number
   I ______________, hereby certify that _________________ personally appeared before me this day and acknowledged the due execution of this certificate. Witness my hand and official seal this the ____________day of ______________, A.D. 20_____.
(Official Seal)         _______________________________________
      (4)   Review by the Subdivision Administrator.
         (a)   The Subdivision Administrator shall review the final plat and shall approve the final plat if it is in compliance with this chapter or disapprove it if it is not within 75 days of receiving the plat.
         (b)   During review of the final plat, the Subdivision Administrator may, with the consent of the Town Council, appoint a registered land surveyor to confirm the accuracy of the final plat and/or installation of improvements. If substantial errors are found, the costs shall be charged to the subdivider and shall be paid before the plat will be considered further; the plat shall not be recommended for approval until the errors have been corrected.
         (c)   If the Subdivision Administrator approves the final plat, the approval shall be shown on each copy of the plat by the following signed certificate:
   I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Chapter of the Town of Duck North Carolina and that this plat has been approved by the Town of Duck Subdivision Administrator for recording in the Office of the Register of Deeds of Dare County.
_________         __________________________________________
Date            Town of Duck Subdivision Administrator
         (d)   If the Subdivision Administrator disapproves the final plat, the reasons for the disapproval shall be stated in writing, specifying the provisions of this chapter with which the final plat does not comply.
         (e)   The Subdivision Administrator shall retain 1 copy of the reasons and 1 print of the plat as part of its proceedings; 1 copy of the reasons and 1 copy of the plat shall be transmitted to the subdivider.
         (f)   If the final plat is disapproved the subdivider may make changes as will bring the final plat into compliance and resubmit same for reconsideration by the Subdivision Administrator as if it were an original submission of a final plat.
         (g)   If the final plat is approved by the Subdivision Administrator, 1 reproducible and 1 print of the plat shall be returned to the subdivider, 1 reproducible and 1 print shall be filed with the County Tax Supervisor’s Office, 1 print shall be retained by the Subdivision Administrator for his or her files, and 1 reproducible shall be filed by the Subdivision Administrator with the Register of Deeds.
Certificate of Approval for Recording Plat and Acceptance of Dedications
   I _____________, the Town Clerk of Dare County, North Carolina, do certify that on the ____day of ____________, _________, the Town Council approved this plat for recording and accepted the dedication of the roads, easements, public purposes as shown hereon, but assume no responsibility to open or maintain the same until, in the opinion of the governing body of the Town of Duck, it is in the public interest to do so.
________________________         (Seal)    ________________
Date                              Town Clerk                     
                           (Seal)   ________________
(Ord. passed 8-7-2002; Am. Ord. 17-16, passed 2-7-2018; Am. Ord. 21-02, passed 6-2-2021)