(A) Preparation of final plat, installation of improvements. Upon approval of the preliminary plat by the Board of Commissioners, the subdivider may proceed with the preparation of the final plat, and the installation of 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 the improvements specified in this chapter or guaranteed their installation as provided herein. No final plat will be accepted for review by the Subdivision Review Board or the Board of Commissioners unless accompanied by written notice by the Zoning Administrator acknowledging compliance with the improvement and guaranteeing standards of this chapter. The final plat shall constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at that time; that portion shall conform to all requirements of this chapter. The first final plat shall be submitted within 12 months after the date on which the preliminary plat was approved; otherwise, the preliminary plat shall become null and void unless an extension of time is applied for and granted by the Board of Commissioners before the date on which the preliminary plat would become null and void.
(B) Improvements guarantees.
(1) Agreement and security required. Subject to G.S. § 160D-804.1, and in lieu of requiring the completion, installation and dedication of all improvements prior to final plat approval, the town may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements. Once an agreement is signed by both parties and the security required herein is provided, the final plat may be approved by the Board of Commissioners if all other requirements of this chapter are met. The agreement shall be for a period of one year, unless extended pursuant to G.S. § 160D-804.1. To secure this agreement, the subdivider shall provide, subject to the approval of the Board of Commissioners, either one or a combination of the following guarantees, not exceeding one and one-quarter times the entire cost as provided herein.
(a) Surety performance bond. The subdivider shall obtain a performance bond from a surety bonding company authorized to do business in the state. The bonds shall be payable to the town and shall be in an amount equal to one and one-quarter times the entire cost of installing all required improvements. The duration of the bond shall be until a time as the improvements are accepted by the Board of Commissioners.
(b) Letter of credit. The subdivider shall provide a letter of credit issued by any financial institution licensed to do business in the state.
(c) Cash or equivalent security. The subdivider shall deposit cash or other instrument readily convertible into cash at face value, either with the town or in escrow with a financial institution designated as an official depository of the town. The use of any instrument other than cash shall be subject to the approval of the Board of Commissioners. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Board of Commissioners an agreement between the financial institution and himself or herself guaranteeing the following:
1. That the escrow account shall be held in trust until released by the Board of Commissioners and may not be used or pledged by the subdivider in any other matter during the term of escrow; and
2. That in the case of a failure on the part of the subdivider to complete the improvements, the financial institution shall, upon notification by the Board of Commissioners and submission by the Board of Commissioners to the financial institution of an engineer’s estimate of the amount needed to complete the improvements, immediately either pay to the town the funds needed to complete the improvement, up to the full balance of the escrow account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town.
(2) Default.
(a) Upon default, meaning failure on the part of the subdivider to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account shall, if requested by the Board of Commissioners pay all or any portion of the bond or escrow fund to the town up to the amount needed to complete the improvements based on an engineering estimate.
(b) Upon payment, the Board of Commissioners, in its discretion, may expend a portion of the funds as it deems necessary to complete all or any portion of the required improvements.
(c) The town shall return to the subdivider any funds not spent in completing the improvements.
(3) Release of guarantee security. The Board of Commissioners may release a portion of any security posted as the improvements are completed and recommended for approval by the Zoning Administrator. Within 45 days after receiving the Zoning Administrator’s recommendation, the Board of Commissioners shall approve or disapprove the improvements. If the Board of Commissioners approves the improvements, then it shall immediately release any security posted on that portion.
(4) Defects guarantee. The Board of Commissioners shall require a guarantee from the subdivider guaranteeing utility taps, curbs, gutters, street construction including pavement, sidewalks, drainage facilities, seeding and grading of road shoulders, water and sewer lines and other improvements for one year. The one year shall begin from the date of town certification of completion of all improvements by the Board of Commissioners.
(C) Submission procedure.
(1) The subdivider shall submit the final plat, so marked, to the Zoning Administrator.
(2) The final plat shall be prepared by a registered land surveyor currently licensed and registered in the state by the state’s Board of Registration for Professional Engineers and Land Surveyors. The final plat shall conform to the provisions for plats, subdivisions and mapping requirements set forth in G.S. § 47-30 and the Standards of Practice for Land Surveying in North Carolina.
(3) Five copies plus any additional copies as required by the Zoning Administrator of the final plat shall be submitted; two of these shall be on reproducible material; three shall be black or blue line paper prints. Material and drawing medium for the original shall be in accordance with the Standards of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the county’s Register of Deeds.
(4) The final plat shall be of a size suitable for recording with the county’s Register of Deeds and shall be at a scale of not less than one inch equals 200 feet. Maps may be placed on more than one sheet with appropriate match lines.
(5) Submission of the final plat shall be accompanied by a filing fee, paid by the subdivider, in accordance with the town’s fee schedule.
(6) The final plat shall meet the specifications in § 151.37 of this code.
(7) The following signed certificates shall appear on all five copies of the final plat.
(a) 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 Littleton 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 Littleton. Owners ______________________ Date ________________________ |
(b) Certificate of survey and accuracy.
1. In accordance with G.S. § 47-30, there shall appear on each plat a certificate by the person under whose supervision the survey or plat was made, stating the origin of the information shown on the plat, including a recorded deed and plat references shown thereon. The ratio of precision as calculated by latitudes and departures before any adjustments must be shown. Any lines on the plat that were not actually surveyed must be clearly indicated and a statement included revealing the source of information.
1. The execution of a certificate shall be acknowledged before any officer authorized to take acknowledgments by the registered land surveyor preparing the plat. All plats to be recorded shall be probated as required by law for the registration of deeds. Where a plat consists of more than one sheet, only the first sheet must contain the certification and all subsequent sheets must be signed and sealed.
a. The certificate required above shall include the source of information for the survey and data indicating the accuracy of closure of the plat before adjustments and shall be in substantially the following form:
I,
, certify that this plat was drawn under my supervision from (an actual survey made under my supervision) (deed description recorded in Book , Page , etc.) (other); that the boundaries not surveyed are shown as broken lines plotted from information found in Book ____ , Page ____ that this plat was prepared in accordance with G.S. § 47-30 as amended. Witness my original signature, registration number and seal this _______ day of______, A.D. 20_____ . Surveyor Seal or Stamp Registration Number |
b. The certificate of the notary shall comply with state law.
(c) Certificate of 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 town 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 Littleton have been received, and that the filing fee for this plat, in the amount of $ _______ has been paid. Town Manager ___________ Date __________ |
(8) The Subdivision Review Board shall review the final plat at or before its next meeting which shall be called at least 14 days after the Zoning Administrator receives the final plat and shall recommend approval, conditional approval with modifications to bring the plat into compliance or disapproval of the final plat with reasons within 45 days of its first consideration of the plat.
(9) During its review of the final plat, the Subdivision Review Board may appoint a registered land surveyor to confirm the accuracy of the final plat (if agreed to by the Board of Commissioners). If substantial errors are found, the costs shall be charged to the subdivider and the plat shall not be recommended for approval until errors have been corrected.
(10) If the Subdivision Review Board recommends approval of the final plat, it shall transmit all copies of the plat and its written recommendations to the Board of Commissioners through the Zoning Administrator.
(11) If the Subdivision Review Board recommends conditional approval of the final plat with modifications to bring the plat into compliance, it shall retain one print of the plat for its minutes, return its written recommendations and two reproducible copies of the plat to the subdivider and transmit one print of the plat and its written recommendation to the Board of Commissioners through the Zoning Administrator.
(12) If the Subdivision Review Board recommends disapproval of the final plat, it shall instruct the subdivider concerning resubmission of a revised plat and 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 Subdivision Review Board, or appeal the decision to the Board of Commissioners.
(13) Failure of the Subdivision Review Board to make a written recommendation within 45 days shall constitute grounds for the subdivider to apply to the Board of Commissioners for approval.
(14) If the Subdivision Review Board recommends approval or conditional approval with modifications to bring the plat into compliance, or the subdivider appeals to the Board of Commissioners, the Board of Commissioners shall review and approve or disapprove the final plat within 65 days after the plat and recommendations of the Subdivision Review Board have been received by the Zoning Administrator.
(15) If the Board of Commissioners 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 of the Town of Littleton, North Carolina and that this plat has been approved by the Board of Commissioners of the Town of Littleton for recording in the Office of the Register of Deeds of Halifax County. Mayor Town of Littleton, North Carolina Date |
(16) If the final plat is disapproved by the Board of Commissioners, the reasons for disapproval shall be stated in writing, specifying the provisions of this chapter with which the final plat does not comply. One copy of the reasons and one print of the plat shall be retained by the Board of Commissioners as part of its proceedings; one copy of the reasons and three copies of the plat shall be transmitted to the subdivider. 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 Review Board and Board of Commissioners or by the Board of Commissioners as determined by the Board of Commissioners.
(17) If the final plat is approved by the Board of Commissioners, the original tracing and one print of the plat shall be retained by the subdivider. One reproducible tracing and one print shall be filed with the Clerk, and one print shall be returned to the Subdivision Review Board for its records. The subdivider shall file the approved final plat with the Register of Deeds of the county within 60 days of the Board of Commissioners’ approval; otherwise, approval shall be null and void.