(A) Minor subdivisions.
(1) The Town Council of the Town of Liberty, North Carolina hereby designates the Town Manager to approve minor subdivisions, pursuant to G.S. Ch. 160A, Article 19, Part 1, § 361.
(3) The Town Manager shall, within 21 days from the date of submission of the plat, review the plat for compliance with the requirements set forth in § 152.08 below. No minor subdivision plat shall be approved unless it complies with all the requirements of this chapter.
(4) When a minor subdivision plat has met all the requirements of this chapter, the Town Manager shall place the stamp of approval and his or her signature on the plat. The stamp of approval and the signature of the Town Manager on the minor subdivision plat will constitute approval.
(5) The subdivider shall record the approved plat with the Randolph County Register of Deeds. No building permits shall be issued for any lot in a minor subdivision until the Town Manager is informed of the book and page number assigned to the plat by the Register of Deeds.
(B) Major subdivisions.
(1) Preliminary plat.
(a) Whenever a subdivision of land is within the definition of a major subdivision as set forth in § 152.05 above and which is located within the territorial jurisdiction established by § 152.02 above, the subdivider shall submit copies of a preliminary plat which shall meet the requirements set forth in § 152.08 below to the Town Manager at least 20 days prior to a regularly scheduled meeting of the Planning and Zoning Board.
(b) The Town Manager shall refer copies of the preliminary plat and all accompanying materials to those public officials and agencies concerned with new development or those whose advice will in the opinion of the Town Manager be useful to the Planning and Zoning Board including, but not limited to the Randolph County Health Department, the Randolph County Board of Education, the District Engineer of the North Carolina Department of Transportation, the Town Engineer, the Director of Public Works and the Building Inspector.
(c) If no response is received from these agencies within 15 days from the date the Town Manager issues the plats for review, “no comment” will be recorded as the response.
(d) At its next regular meeting, the Planning and Zoning Board shall review the preliminary plat for compliance with this chapter and consider any recommendations made by public officials or agencies concerned with new development.
(e) Within 60 days from the date of its review of the preliminary plat, the Planning and Zoning Board shall transmit the plat along with its recommendations including any conditions or modifications to the Town Council.
(f) Failure to transmit the plat within the 60 days shall have the same effect as a recommendation to the Town Council that the plat be approved. The subdivider or the subdivider’s authorized agent may waive this requirement and consent to an extension of the 60-days’ period.
(g) Upon receipt of the preliminary plat with recommendations including any recommended conditions or recommended changes from the Planning and Zoning Board or upon the expiration of 60 days from the date of the Planning and Zoning Board meeting at which the preliminary plat was first reviewed, the Town Council shall review it for compliance with the requirements of this chapter and shall consider the recommendations of the Planning and Zoning Board and any public official or agency concerned with new development.
(h) The Town Council shall approve, approve conditionally, or disapprove the preliminary plat.
1. If the Town Council approves the preliminary plat, approval shall be noted on at least 2 copies of the plat by the Town Clerk.
2. One copy shall be returned to the subdivider and 1 shall be retained as a part of the records of the Town Council.
(i) If the Town Council approves the preliminary plat with conditions, the conditions and the reasons for the conditional approval shall be recorded in the minutes of the meeting. A copy of any conditions shall be attached to the plat that is returned to the subdivider.
(j) If, after Town Council approval of a preliminary plat, the subdivider wishes to modify the plat the Town Manager shall determine if the modification is substantial (i.e., increase in the number of lots, relocation of streets and the like).
(k) If found to be substantial, the subdivider shall re-submit the preliminary plat for approval in accordance with the requirements of this subchapter.
(2) Engineering data.
(a) The subdivider may choose to submit the engineering data concerning approximate street grade, design data for street corners and curves and the plan and profile for streets and water and sewer lines after receiving preliminary plat approval.
(b) If this option is chosen, the engineering data shall be approved by the Town Manager before installation of improvements is begun.
(3) Improvements. Upon approval (with or without conditions) of the preliminary plat by the Town Council and approval of the engineering data by the Town Manager, the subdivider may proceed with the installation of or the guarantee for the installation of the required improvements and the preparation of the final plat in accordance with the approved preliminary plat and the requirements of this chapter.
(4) Final plat certification.
(a) Upon installation of or guarantee for the required improvements, the subdivider shall submit a final plat which shall meet the requirements set forth in § 152.08 below, to the Town Manager at least 15 days prior to a regularly scheduled meeting of the Planning and Zoning Board.
(b) The submission shall not be more than 12 months after the date on which the preliminary plat was approved, otherwise the preliminary plat approval shall be null and void unless a written extension of his or her time limit is granted by the Town Council.
(c) The final plat shall contain only that portion of the preliminary plat which the subdivider proposes to develop and record at that time.
(d) No final plat shall be certified unless and until the subdivider has installed in that area, represented on the final plat, all improvements required by this chapter or shall have guaranteed their installation as required by § 152.08(B)(2) below.
(e) The final plat and accompanying material shall be submitted together with inspection fee to be fixed by the Town Council in the amount sufficient to defray all costs involved in inspection of the property and improvements for compliance with all provisions of this chapter.
(f) At its next regular meeting, the Planning and Zoning Board shall review the final plat for conformance with the approved preliminary plat and for compliance with all requirements of this chapter and consider any recommendations made by public officials or agencies concerned with new development.
(g) Within 60 days from the date of its review of the final plat, the Planning and Zoning Board shall transmit the plat along with its recommendations including any conditions or changes to the Town Council.
(h) Failure to transmit the plat within 60 days shall have the same effect as a recommendation that the plat be certified. The subdivider or the subdivider's authorized agent may waive this requirement and consent to an extension of the 60-day period.
(i) Upon receipt of the final plat with recommendations including any conditions or modifications from the Planning and Zoning Board or upon expiration of 60 days from the date of the Planning Board meeting at which the final plat was first reviewed, the Town Council shall review it for conformance with the approved preliminary plat and for compliance with the requirements of this chapter, and shall consider the recommendations of the Planning and Zoning Board and any public official or agency concerned with new development.
(j) The subdivider shall record the approved plat with the Randolph County Register of Deeds. No building permits shall be issued for any lot in a major subdivision until the Town Manager is informed of the book and page number assigned to the plat by the Register of Deeds.
(k) If the Town Council certifies the final plat with modifications, the subdivider shall prepare and submit to the Town Council a new final plat or additional materials which incorporate the modifications. The Town Council may refer the modified final plat and accompanying material to the Planning and Zoning Board or to public officials or agencies concerned with new development for their recommendations.
(l) If the Town Council denies certification of the final plat, the reasons for the denial shall be recorded in the minutes of the meeting.
(m) Upon City Council approval of a final plat the Town Manager shall transmit copies of the approved final plat to appropriate public officials and agencies.
(Ord. passed 5-26-1997)