Final plats shall be reviewed according to the following procedure:
(A) Planning and Zoning Board review. The Planning and Zoning Board shall approve or disapprove the final plat with 35 days of its first consideration. During its review of the final plat, the Planning and Zoning Board may appoint an engineer or surveyor to confirm the accuracy of the final plat. If substantial errors are found, in the opinion of the Planning and Zoning Board, the costs shall be charged to the subdivider and the plat shall not be approved until such errors have been corrected. If the Planning and Zoning Board approves the final plat, such approval shall be indicated on each copy of the plat by the following signed certificate.
(B) Certification of approval by the Planning and Zoning Board.
The Holden Beach Planning and Zoning Board hereby approves the final plat for the Subdivision.
Date Chairman, Holden Beach Planning & Zoning Board
(1) If the Planning and Zoning Board disapproves the final plat, the Planning and Zoning Board shall state in writing its reasons for such action, specifying the provisions of this chapter with which the plat does not comply. One copy of this statement shall be transmitted to the subdivider within 15 days of disapproval; one copy shall be retained by the Planning and Zoning Board as a part of its proceedings, and one copy shall be sent to the Town Clerk. If the final plat is disapproved, 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 and Zoning Board.
(2) If the Planning and Zoning Board fails to approve or disapprove the final plat within 35 days after first consideration, as previously defined in § 156.42(F), such failure shall be deemed approval and shall constitute grounds for the subdivider to apply for final approval by the Board of Commissioners.
(3) For any re-platting or re-subdivision of land, the same procedures, rules and regulations shall apply as prescribed in this chapter for an original subdivision. Lot sizes may, however, be varied on an approved plan after recording, provided that:
(a) No lot or tract of land shall be created or sold that is smaller than the size shown on the approved plan;
(b) Drainage, easements or right-of-way shall not be changed;
(c) Street alignment and block sizes shall not be changed;
(d) The property line between the back of the lots shall not be changed;
(e) The rear portion of lots shall not be subdivided from the front part;
(f) The character of the area shall be maintained.
(C) Board of Commissioners review. The Board of Commissioners shall review the final plat within 35 days of the Planning and Zoning approval. If approved by the Board of Commissioners, a certificate of 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 Holden Beach, North Carolina, and that this plat has been approved by the Board of Commissioners for recording in the Office of the Register of Deeds of Brunswick County.
Date Town Clerk
If the final plat is disapproved by the Board of Commissioners, the reasons for such disapproval shall be stated in writing, specifying the provision(s) of this chapter with which the final plat does not comply. One copy of such reasons shall be retained by the Board of Commissioners as a part of its proceedings, one copy 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 with this chapter and resubmit same for reconsideration by the Planning and Zoning Board.
(D) Effect of plat approval on dedication. The approval of a final plat shall be deemed to constitute or effect the acceptance by the town of the dedication of streets, or right-of-way, public utility line, or other public facility provided the improvements are constructed in accordance with policies, standards, and guidelines listed in this chapter or adopted elsewhere by the Board of Commissioners.
(E) Disposition of copies. If the final plat is approved by the Board of Commissioners, the original tracing and one print of the plat shall be returned to the subdivider. One reproducible tracing and one print shall be filed with the Building Inspector; one shall be retained by the Planning and Zoning Board.
(F) Recording of the final plat. The subdivider shall file the approved final plat with the Register of Deeds of Brunswick County for recording within 90 days after the date of the Board of Commissioners' approval. Otherwise, such approval shall be null and void.
(G) Resubdivision procedures.
(1) For any replatting or resubdivision of land, the same procedures, rules and regulations shall apply as prescribed in this chapter for an original subdivision. Lot sizes may, however, be varied on an approved plan after recording, provided that:
(a) No lot or tract of land shall be created or sold that is smaller than the size shown on the approved plan;
(b) Drainage, easements or right-of-way shall not be changed;
(c) Street alignment and block sizes shall not be changed;
(d) The property line between the back of the lots shall not be changed;
(e) The rear portion of lots shall not be subdivided from the front part;
(f) The character of the area shall be maintained.
(2) Upon town approval of any recombination of lots and upon the completion of the sale of such a recombination, a copy of the deed from the buyer and the seller must be filed in the office of the Town Building Inspector within 30 days of the recording in the office of the County Register of Deeds.
(Ord. 98-19, passed 9-28-98; Am. Ord. 00-19, passed 8-28-00) Penalty, see § 156.99