The final plat shall conform substantially to the preliminary plat as approved, and it may constitute only a portion of the preliminary plat which the subdivider proposes to record and develop.
(A) Final plat data. The final plat shall give the following information:
(1) Scale of 100 feet to one inch or larger; graphic scale; north arrow;
(2) Name of subdivision, names and addresses of owner(s), the licensed professional land surveyor and adjacent property owners;
(3) Acreage of land to be subdivided;
(4) All dimensions, angles, bearings and similar data on the plat shall be tied to permanent benchmarks. These benchmarks shall be U.S.G.S. survey benchmarks, the nearest established control points, other official monuments or witness monuments as standard. Locations and descriptions of said benchmarks shall be given;
(5) Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sides with accurate dimensions to the nearest one hundredth of a foot; bearings of deflection angles, radii, arcs and central angles of all curves with dimensions to the nearest second. Landscaping requirements shall be indicated to comply with design standards;
(6) Name and right-of-way width of each street, easement or other right-of-way;
(7) Lot numbers and addresses;
(8) Purpose for which sites, other than residential lots are dedicated or reserved;
(9) Minimum building setback lines in accordance with zoning ordinance (Chapter 154); in no case shall it be less than 35 feet from the right-of-way line;
(10) Location and description of monuments, including benchmarks, existing streams or other bodies of water, significant trees and tree stands, sinkholes and the like;
(11) Names and location of adjoining subdivisions and streets, the location of adjoining unplatted properties, and the names and addresses of the owners of adjoining unplatted properties;
(12) Certification on plat of title showing that the applicant is the owner and a statement by such owner dedicating streets, right-of-way and other sites for public use (Form 1);
(13) Certification on plat by licensed professional land surveyor as to the accuracy of survey and plat (Form 2);
(14) Certification by the County Health Officer of individual subsurface sewage disposal or approval by the applicable sewer district of acceptance of relevant improvements (Form 8);
(15) Certification (Form 5) that the subdivider has complied with one of the following alternatives:
(a) All the improvements have been installed in accordance with the requirements of these regulations; or
(b) A security bond, irrevocable letter of credit or certified check has been posted with the county in sufficient amount to assure such completion of all required improvements in compliance with division (C) below.
(16) Cross-sections, profiles and grades of streets, curbs, gutters showing the locations of in-street utilities and drawn to county specifications, and elevations shall be attached to the final plat. Road profiles and roadway design shall be signed by a licensed engineer. Plats shall bear the seal and signature of such engineer. The engineer shall be licensed to do business in the commonwealth;
(17) Protective covenants shall either be placed directly on the final plat or attached thereto in form for recording;
(18) Certification on plat by the Chairperson of the Planning Commission that the plat has been approved for recording in the office of the County Clerk (Form 3); and
(19) See Exhibit 8-3, Typical Final Plat.
(B) Procedure.
(1) Fifteen copies of the final plat, together with any street profiles or other plans that may be required shall be submitted to the Planning Commission Administrative Officer/Planning and Zoning Office by the subdivider at least 21 days prior to the meeting, at which time it is reviewed. At least three copies of the plat shall contain all original signatures.
(2) The final plat shall be reviewed by the Planning Commission who will check said plat as to computations, certifications, monuments and the like, and determine that all the required improvements have been completed to the satisfaction of the Lincoln County/Cedar Creek Planning Commission. A security bond, irrevocable letter of credit or certified check may be posted in sufficient amount to cover the cost of the required improvements if such improvements are not complete. The Planning Commission shall establish the amount deemed sufficient if this option is elected.
(3) One copy shall be transmitted to the County Health Department Officer or the appropriate sewer district. If the plat meets the approval of the appropriate agency, three copies must be signed by the appropriate authority.
(4) One copy shall be transmitted to the County Fire Department, as appropriate, for review and approval of fire safety compliance.
(5) Within the 60 days after review of the final plat, the Planning Commission shall approve or disapprove the said plat. Failure of the Planning Commission to act upon this final plat within 60 days shall be deemed approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Planning Commission.
(6) Approval by the Planning Commission shall not constitute acceptance by the public of the dedication of any street, other public way or ground.
(7) When the final plat has been approved by the Planning Commission, two copies shall be returned to the subdivider, with the approval of the Planning Commission certified thereon, one copy for proper filing with the County Clerk as an official plat record and one for the subdivider’s records. Another copy certified by the Planning Commission will be retained by the Planning Commission and Fiscal Court for their records and any necessary action on any proposed dedication.
(C) Construction guarantees.
(1) Prior to the submission of the final plat to the Commission for approval, the developer shall complete all required improvements to the satisfaction of the County Engineer and/or the appropriate utilities who will certify their satisfactory completion in writing to the Commission.
(2) The developer may execute and file guarantees of construction with the Planning Commission in lieu of completion of some of the required improvements when requesting approval of the final plat. The developer shall install all soil erosion and sedimentation controls, street construction (except for the final course of blacktop), and stormwater retention facilities to the satisfaction of the County Engineer prior to the submission of the final plat. In addition to the final course of blacktop, water and sewer utilities, and clean-up may have guarantees of construction submitted in accordance with these regulations.
(3) The developer shall submit to the Planning Commission, Fiscal Court or the County Engineer an estimated cost calculated to be reasonably necessary to complete all of the improvements required for their review and approval. The Planning Commission or Fiscal Court shall establish the bond amount at 125% of the cost approved and deemed sufficient.
(4) The bond may be in the form of a surety bond, certified check, irrevocable letter of credit or a cash bond or negotiable United States Treasury certificates of the kind approved by law for securing deposits of public money. The bond shall be executed by the developer as principal, and if a surety bond, shall be executed by a corporation authorized to act as a surety under the laws of the commonwealth, as surety. The bond shall be a joint bond and several obligations, faithful performance of any and all work and the construction and installation of all improvements required to be done by the developer together with all engineering and inspection costs and fees incurred by the county. The bond shall contain the further condition that should the developer fail to complete all work and improvements required to be done by him or her within 12 consecutive calendar months of the date of approval of the final plat, or within a mutually agreed upon extension not to exceed 12 consecutive calendar months, the Planning Commission or Fiscal Court may, at their option, cause all required work to be done and improvements constructed. The parties executing the bond shall be firmly bound for the payment of all necessary costs therefore. Whenever the developer elects to deposit cash, certified check or approved negotiable United States Treasury certificates, the Planning Commission or Fiscal Court shall be authorized, in the event of any default on the part of the developer or the performance of any work or construction of any improvements for which the cash or negotiable bonds has been deposited, to cause the required work to be done and to withdraw that amount required for payment of all costs therefor.
(5) At such time that the developer has completed such improvements specified in the bond guarantee, the developer shall notify the County Engineer or the appropriate utility who will inspect the improvements and, if all are in conformance with the requirements, will notify the Commission or Court in writing and recommend the release of the relevant portion of the bond or other instrument used as the guarantee of performance.
(6) The Fiscal Court shall not accept any road and/or street for county maintenance unless and until the following is completed.
(a) Prior to submission to the Lincoln County/Cedar Creek Planning Commission of the Final Plat relative to a subdivision, the developer or subdivider has fully and completely reimbursed the Court for any and all fees and costs paid to the selected engineer or engineering firm charged with the plat review.
(b) Prior to the acceptance by the Fiscal Court of maintenance of any road and/or street, the developer or subdivider has fully and completely reimbursed the Court for any and all fees and costs paid to the selected engineer or engineering firm charged with construction inspection. It is the intent of these regulations that all costs incurred by the Court for the engineering or engineering firm shall be the responsibility of the developer and/or subdivider and reimbursement shall be a condition for approval of the final plat.
1. The Fiscal Court and/or its authorized agents may require that the one-inch bituminous surface course not be applied to any or selected subdivision streets and/or roads until after completion of at least 75% of the subdivision buildings. The Fiscal Court may, at its option, accept streets and/or roads prior to the application of the surface course provided that the Planning Commission or the Court retains a maintenance and performance guarantee to ensure that the existing road is properly maintained, and to ensure that the road is completed once the subdivision is fully developed.
2. The developer shall be responsible for the maintenance and repair of the improvements installed. The developer shall be responsible for any damage done to the improvements by construction traffic, local traffic or by any other means and shall ensure the accessibility to all occupied lots until final acceptance for maintenance by the county. Upon completion of work and before public acceptance, the developer shall clean up all ground occupied or affected in connection with the work. Failure to maintain or repair improvements may result in withholding approval of subsequent units of the subdivision or the billing of the developer for such service performed by the county. Payment shall be guaranteed by the performance bond or other instrument used as the guarantee.
(3) An amount of 50% of the final cost of streets, gutters and curbs shall be retained from the original instrument of construction guarantee, or a new instrument posted, at the developer’s or subdivider’s option, with the Fiscal Court at the time of public acceptance of the street(s) for two years to guarantee the quality of construction of the street, gutters and curbs.
(Ord. passed 4-1-2003)