§ 151.328 PROCEDURE FOR REVIEW OF MINOR SUBDIVISIONS.
   (A)   Prior to any conveyance of property and the issuance of any building permit, the subdivider of a tract eligible for the abbreviated procedure shall submit to the Zoning Administrator and have approved a final plat. The final plat shall meet the requirements set out in § 151.335 for the contents and specifications of a final plat, where applicable.
   (B)   Timing of final plat submission. The subdivider shall submit the final plat so marked not less than seven days prior to the Planning Board meeting at which it will be reviewed.
   (C)   Final plat preparation. A registered land surveyor currently licensed and registered in the state by the State Board of Registration for Professional Engineers and Land Surveyors shall prepare the final plat. 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.
   (D)   Final plat; number of copies. Nine copies of the final plat shall be submitted, two of these shall be on reproducible material; seven shall be black or blue line paper prints. Materials 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 Register of Deeds. In addition, one electronic copy shall be submitted to the town clerk in PDF format.
   (E)   Final plat; size. The final plat shall be of a size suitable for recording with the County 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.
   (F)   Final plat; filing fee. A filing fee, paid by the subdivider, in accordance with the approved town fee schedule, shall accompany submission of the final plat.
   (G)   Final plat; required contents. The final plat shall meet the specifications in § 151.335.
   (H)   Final plat; certificates. The following signed certificates shall appear on all nine copies of the final plat.
      (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 Minnesott Beach and that I hereby adopt this plan of subdivision with my free consent and establish minimum building setback lines as noted.
         ___________________________
         Owner/Date
      (2)   Certificate of survey and notary. There shall appear on each plat a certificate of survey and notary in accordance with the current version of G.S. § 47-30.
      (3)   Certificate of wastewater system approval. If septic tanks or on-site wastewater systems are to be used in the subject subdivision, then the following certificate is required:
   A valid septic system improvement permit will be obtained for each lot of the subdivision prior to the transfer, sale, building or making any improvement of the lot.
         ____________________________
         Owner/Date
   (I)   Planning Board review. The Planning Board shall review the final plat at or before its next regularly scheduled meeting which follows at least seven days after the Town Clerk 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.
   (J)   Planning Board survey. During its review of the final plat, the Planning Board may appoint an engineer or surveyor to confirm the accuracy of the final plat if agreed to by the Town Commissioners. If substantial errors are found, the costs shall be charged to the subdivider and the plat shall not be recommended for approval until the errors have been corrected.
   (K)   Planning Board decisions. If the Planning Board recommends approval of the final plat, it shall transmit all copies of the plat and its written recommendations to the Town Commissioners.
   (L)   Conditional approval. If the Planning 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 recommendation and two reproducible copies of the plat to the subdivider, and transmit one print of the plat and its written recommendation to the Town Commissioners. Any condition of approval shall not include a requirement of a developer to bury a power line existing above ground and outside of the boundaries of the parcel of land that contains the subdivision or property.
   (M)   Disapproval.
      (1)   If the Planning 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 ordinance, and resubmit same for reconsideration by the Planning Board.
      (2)   The subdivider has the option of appealing the decision directly to the Town Commissioners.
   (N)   Failure to make recommendation. Failure of the Planning Board to make a written recommendation within 45 days after its first review shall constitute grounds for the subdivider to apply to the Town Commissioners for approval.
   (O)   Town Commissioner review. If the Planning Board recommends approval or conditional approval with modifications to bring the plat into compliance, or if the subdivider appeals to the Town Commissioners, the Town Commissioners shall review and approve or disapprove the final plat within 65 days after the plat and the Planning Board's recommendations have been received.
   (P)   Certificate of approval. If the Town Commissioners approve the final plat, the 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 Minnesott Beach, North Carolina and that this plat has been approved by the Board of Commissioners of the Town of Minnesott Beach for recording in the office of the Register of Deeds of Pamlico County.
      __________________________________________         ___________
      Mayor, Town of Minnesott Beach, NC               Date
   (Q)   Denial of approval. If the Town Commissioners do not approve the final plat, the reasons for the disapproval shall be stated in writing, specifying the provisions of this chapter with which the final plat does not comply. The Town Commissioners shall retain one copy of the reasons and one print of the plat 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 Planning Board and Town Commissioners or by the Town Commissioners as determined by the Town Commissioners.
   (R)   Plat approval. If the final plat is approved by the Town 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 Town Clerk, and one print shall be returned to the Planning Board for its records.
   (S)   Plat filing. The subdivider shall file the approved final plat with the Register of Deeds of the county within 60 days of the Town Commissioners' approval; otherwise, the approval shall be null and void.
(Ord. passed 2-10-2009, § 14.20; Ord. passed 7-6-2022, § 2.26)