(A) Improvements, installation or guarantees. Upon approval of the preliminary plat by the Planning Board, the subdivider may proceed with the preparation of the final plat, and the installation 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 improvements specified in this chapter or guaranteed their installation as provided.
(B) Performance guarantee. In lieu of prior construction of the improvements required by this chapter the Town of Fairmont may, for the purpose of approving a final plat, accept a guarantee from the subdivider that improvements will be carried out according to the Town of Fairmont’s specifications at his or her expense. A guarantee may be in the form of a surety bond made by a surety company licensed to do business in North Carolina or certified check drawn in favor of the Town of Fairmont, or cash deposited with the Town of Fairmont. A guarantee shall be in an amount of not less than 100% nor more than 125% of the estimated cost of the construction of the required improvements. Performance guarantees shall run for a period of 1 year and may be renewed once for a period of 1 year upon written approval from the Fairmont Town Manager.
(C) Defects guarantee. The Town of Fairmont shall require a bond guaranteeing utility taps, curbs, gutters, street pavement, sidewalks, drainage facilities, water and sewer lines and other improvements against defects for 1 year. This bond shall be in the amount determined by the Director of Public Works or consulting engineer and shall be in cash or be made by a surety company authorized to do business in North Carolina.
(D) Maintenance guarantee. The Fairmont Town Clerk shall secure from all subdividers a letter in which the subdivider shall agree to maintain the backfill and any improvements located thereon and therein and any ditch which has been dug in connection with the installation of improvements. The letter shall be binding on the subdivider for a period of 1 year after the acceptance of improvements by the Town of Fairmont.
(E) Final plat review contingent upon execution of guarantees. No final plat will be accepted for review by the Planning Board or Town Board unless accompanied by written notice by the Fairmont Town Manager acknowledging compliance with this chapter.
(F) 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; the portion shall conform to all requirements of this chapter. No final plat shall be approved unless and until the subdivider shall be installed in that area, represented on the final plat, all improvements required by this chapter or shall have guaranteed their installation as provided for in divisions (A), (B), (C) and (D) above.
(G) Plat submitted. The subdivider shall submit the final plat, so marked, to the Chairperson of the Planning Board or his or her designee not less than 14 days prior to the Planning Board meeting at which it will be considered for approval; further, the plat shall be submitted not more than 12 months after the date on which the preliminary plat was approved, otherwise approval shall be null and void unless a written extension of this time limit is granted by the Planning Board on or before the 1-year anniversary of the approval.
(H) Plat prepared. The final plat shall be prepared by a surveyor according to G.S. Chapter 89C licensed and registered to practice in the State of North Carolina. The final plat shall substantially conform to the preliminary plat as it was approved. The final plat shall conform to the provisions of plats, subdivisions and mapping requirements as set forth in G.S. § 47-30.
(I) Number of copies and graphic media. Five copies of the final plat shall be submitted; 2 of these shall be drawn in ink on lined or film suitable for reproduction; 3 shall be black or blue line paper prints.
(J) Size of plat and scale. Final plats shall have an outside marginal size of not more than 21 inches by 30 inches nor less than 8-1/2 inches by 11 inches, including 1-1/2 inch for binding on the left margin and 1/2 border on each of the other sides. Where size of land areas or suitable scale to assure legibility require, maps may be placed on 2 or more sheets with appropriate match lines. Final plats shall be drawn at a scale of 1 inch equals 200 feet, or greater.
(K) Administrative fees. Submission of the final plat must be accompanied by a filing fee - the current schedule of costs and fees are on file with the Town Clerk.
(L) Contents required. The final plat shall depict or contain the following information; plats not illustrating or containing the following data shall be returned to the subdivider or his or her authorized agent for completion and re-submission:
(1) The name of the subdivision;
(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) Scale denoted both graphically and numerically;
(4) The 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 systems and/or sewage disposal systems. Plans must show line sizes, the location of fire hydrants, blow-offs, manholes, pumps, force mains and gate valves;
(5) Street names;
(6) The location, purpose and dimensions of areas to be used for purposes other than residential;
(7) Minimum building setback lines;
(8) The names of owners of adjoining properties and any adjoining subdivisions of record (or proposed and under review);
(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 use with the purpose of each stated;
(10) Right-of-way lines and pavement widths of all streets and the location and width of all adjacent streets and easements;
(11) Property lines, buildings or other structures, water courses, railroads, bridges, culverts, storm drains, both on the land to be subdivided and on the land immediately adjoining, corporate limits, township boundaries and county lines;
(12) 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, easement line and setback line, including 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. All dimensions shall be measured to the nearest 1/10 of a foot and all angles to the nearest minute;
(13) The accurate locations and descriptions of all monuments, markers and control points;
(14) The blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block;
(15) The deed restrictions or any other similar covenants proposed for the subdivision, if any;
(16) The date of the survey and plat preparation;
(17) North arrow and declination;
(18) All certifications as required by this subchapter;
(19) The name of the township, county and state in which the subdivision is located;
(20) The name and location of any property, within the subdivision or within any contiguous property, that is listed on or is eligible for listing on the U.S. Department of Interior’s National Register of Historic Places; likewise any property that has been designated by local ordinance as a “historic property”
(21) The name(s), address(es) and telephone number(s) of the owner(s), mortgagee(s), registered surveyor(s), land planner(s), architect(s), landscape architect(s) and professional engineer(s) responsible for the subdivision and the registration number(s) and seal(s), of the professional engineer(s) and registered surveyor(s); and
(22) Any other information considered by either the subdivider or the Planning Board to be pertinent to the review of the final plat.
(M) Review procedure. Final plats shall be reviewed according to the following procedure:
(1) Planning Board review. The Planning Board shall recommend approval or disapproval the final plat within 30 days of its first consideration.
(a) 1. During its review of the final plat, the Planning Board may appoint an engineer or surveyor to confirm the accuracy of the final plat.
2. If substantial errors are found, in the opinion of the Planning Board, the costs shall be charged to the subdivider and the plat shall not be approved until the errors have been corrected.
(b) If the Planning Board recommends approval of the final plat, recommended approval shall be indicated on each copy of the plat by the following signed certificate:
Certification of Recommended Approval by the Planning Board
The Fairmont Planning Board hereby recommends approval of the final plat for the Subdivision.
Date, Chairperson, Fairmont Planning Board
(c) 1. If the Planning Board disapproves the final plat, the Planning Board shall state in writing its reasons for that action, specifying the provisions of this chapter with which the plat does not comply.
2. One copy of this statement shall be transmitted to the subdivider within 15 days of disapproval; 1 copy shall be retained by the Planning Board as a part of its proceedings, and 1 copy shall be sent to the Town Clerk.
3. If the final plat is disapproved, the subdivider may make changes as will bring the plat into compliance with the provisions of this chapter and resubmit same for reconsideration by the Planning Board.
(d) If the Planning Board fails to recommend approval or disapproval of the final plat within 30 days after first consideration, as previously defined, the failure shall be deemed approval and shall constitute grounds for the subdivider to apply for final approval by the Town Board.
(2) Fairmont Town Board review. The Fairmont Town Board shall review the final plat with the recommendations of the Planning Board and shall approve or disapprove the plat within 45 days after it has been received from the Planning Board.
(a) If the Town Board approves the final plat, 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 for Fairmont, North Carolina, and that this plat has been approved by the Fairmont Town Board for recording in the office or to Register of Deeds of Robeson County.
Date , Mayor, Town of Fairmont
Clerk, Town of Fairmont
(b) 1. If the final plat is disapproved by the Fairmont Town Board, the reasons for disapproval shall be stated in writing, specifying the provision(s) of this chapter with which the final plat does not comply.
2. One copy of reasons shall be retained by the Town Board as a part of its proceedings; 1 copy shall be transmitted to the Planning Board; and 1 copy shall be transmitted to the subdivider.
3. If the final plat is disapproved, the subdivider may make changes as will bring the final plat into compliance with this chapter and resubmit same for reconsideration by the Planning Board.
(N) Certification required. 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 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 Fairmont and that I hereby adopt this plan of subdivision 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. Furthermore, I hereby dedicate all sanitary sewer, storm sewer and water lines to the Town of Fairmont.
Owner(s):
Date:
(2) Certification of approval of water supply and sewage disposal systems.
I hereby certify that the water supply and sewage disposal systems installed or proposed for installation in the subdivision meet necessary public health requirements as described in Appendix II of this chapter and are hereby approved.
Date , County, Health Officer or his or her Authorized Representative
(Certification (N)(2) 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 _____, Page ___, Book _____, 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 _______.
A.D., 20
Surveyor
License or Registration Number
(4) Certificate or 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 the Town of Fairmont’s specifications and standards in the subdivision or that guarantees of the installation of the required improvements in an amount and manner satisfactory to the Town of Fairmont has been received, and that the filing fee for this plat, in the amount of __(The current schedule of costs and fees are on file with the Town Clerk.) has been paid.
Date , Town Manager
(O) Effect of plat approval on dedications. The approval of a final plat shall not be deemed to constitute or effect the acceptance by the Town of Fairmont of the dedication of any street or other ground, public utility line or other public facility shown on the plat. However, the Town of Fairmont may by resolution of the Town Board accept any dedication made to the public of lands or facilities for streets, parks, public utility lines or other public purposes, when the lands or facilities are located within its subdivision regulation jurisdiction. Acceptance of dedications of lands or facilities located within the subdivision regulation jurisdiction but outside the corporate limits of the town shall not require the town to open, operate, repair or maintain any street utility line or other land or facility, and the town shall in no event be responsible in any civil action or proceeding for failure to open, repair or maintain any street located outside its corporate limits. All streets must be designated either “public” or “private.”
(P) Disposition of copies. If the final plat is approved by the Fairmont Town Board, the original tracing and 1 print of the plat shall be returned to the subdivider. One reproducible tracing and 1 print shall be filed with the Town Clerk, and 1 print shall be retained by the Planning Board.
(Q) Recording of the final plat. The subdivider shall file the approved final plat with the Register of Deeds of Robeson County for recording within 60 days after the date of the Town of Fairmont’s approval; otherwise, the approval shall be null and void.
(R) Resubdivision procedures.
(1) For any replatting or resubdivision of land, the same procedures, rules and regulations shall apply as prescribed herein for an original subdivision.
(2) Lot sizes may, however, be varied on an approved plan after recording, provided that: no lot or tract of land shall be created or sold that is smaller than the size shown on the approved plan; drainage, easements or rights-of-way shall not be changed; street alignment and block sizes shall not be changed; the property line between the back of the lots shall not be changed; the rear portion of lots shall not be subdivided from the front part; and the character of the area shall be maintained.
(Ord. passed 5-31-1977)