(A) Sketch plan for minor subdivisions.
(1) Prior to submission of a final plat, the subdivider shall submit to the Subdivision Administrator three copies of a sketch plan of the proposed subdivision containing the following information:
(a) A sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads, and waterways;
(b) The boundaries of the tract and the portion of the tract to be subdivided;
(c) The total acreage to be subdivided;
(d) The existing and proposed uses of the land within the subdivision and the existing uses of land adjoining it;
(e) The existing street layout and right-of-way width, lot layout, and size of lots;
(f) The name, address, and telephone number of the owner;
(g) The name, if any, of the proposed subdivision;
(h) Streets and lots of adjacent developed or platted properties;
(i) The zoning classification of the tract and of adjacent properties;
(j) A statement from the Cherokee County Health Department that a copy of the sketch plan has been submitted to them, if septic tanks or other on-site water or wastewater systems are to be used in the subdivision; and
(k) All existing utilities.
(2) The sketch plan shall be submitted at least seven days prior to the Planning Board meeting at which it will be reviewed. The Planning Board shall review the sketch plan for general compliance with the requirements of this chapter and the zoning ordinance; the Planning Board, shall advise the subdivider or his or her authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submission of the final plat.
(3) One copy of the sketch plan shall be retained as a part of the minutes of the Planning Board, and one copy shall be returned to the subdivider or his or her authorized agent. The Planning Board shall transmit the third copy of the sketch plan to the Subdivision Administrator through the administrator of this chapter. The Subdivision Administrator shall review the sketch plan at its next regular meeting that follows at least seven days after the Subdivision Administrator's receipt of the sketch plan for the Planning Board.
(B) Preliminary plat for minor subdivisions. A preliminary plat is not required for minor subdivisions.
(C) Final plat for minor subdivisions.
(1) Upon approval of the sketch plan by the Subdivision Administrator, the subdivider may proceed with the preparation of the final plat in accordance with the requirements of this chapter.
(2) The subdivider shall submit the final plat so marked to the Subdivision Administrator not less than seven days prior to the Planning Board meeting at which it will be reviewed.
(3) The final plat shall be prepared by a Registered Land Surveyor currently licensed and registered in the State of North Carolina by the North Carolina State 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.
(4) Five copies 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 Cherokee County Register of Deeds.
(5) The final plat shall be of a size suitable for recording with the Cherokee County Register of Deeds and shall be at a scale of not less than one inch equals 100 feet. Maps may be placed on more than one sheet with appropriate match lines.
(6) Submission of the final plat shall be accompanied by a filing fee as determined from time to time by the Board of Commissioners.
(7) The final plat shall meet the specifications in § 152.52 as applicable to minor subdivisions.
(8) 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 Murphy, and that I hereby adopt this plan of subdivision with my free consent.
Owner
Date”
(b) Certificate of survey and accuracy. In accordance with G.S. §47-30:
1. There shall appear on each plat a certificate by the person under whose supervision the surveyor the plat was made, stating the origin of the information shown on the plat, including recorded 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. The execution of the 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; and
2. 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 the day of , A.D. 20__.
Surveyor
Seal or Stamp
Registration Number”
3. The certificate of the Notary shall read as follows:
“North Carolina, County
I, a Notary Public of the County and State aforesaid, certify that , a registered land surveyor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of , 20 .
Notary Public
Seal-Stamp
My Commission Expires: ”
(9) The Planning Board shall review the final plat at or before its next regularly scheduled meeting which follows at least seven days after the Subdivision 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 40 days of its first consideration of the plat.
(10) 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 Subdivision Administrator. 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.
(11) If the Planning Board recommends approval of the final plat, it shall transmit all copies of the plat and its written recommendations to the Board of Commissioners of the Town of Murphy.
(12) 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 recommendations to the Board of Commissioners of the Town of Murphy.
(13) 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 the changes as will bring the plat into compliance with the provisions of this chapter and resubmit same for reconsideration by the Planning Board, or appeal the decision to the Subdivision Administrator.
(14) Failure of the Planning Board to make a written recommendation within 40 days after its first review shall constitute grounds for the subdivider to apply to the Subdivision Administrator for approval.
(15) If the Planning Board recommends approval or conditional approval with modifications to bring the plat into compliance, or the subdivider appeals to the Subdivision Administrator, the Subdivision Administrator shall review and approve or disapprove the final plat within 65 days after the plat and recommendations of the Planning Board have been received by the Subdivision Administrator.
(16) If the Subdivision Administrator approves 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 Murphy, North Carolina, and that this plat has been approved by the Board of Commissioners of the Town of Murphy for recording in the Office of the Register of Deeds of Cherokee County.
Subdvision Administrator, Town of Murphy
Murphy, NC
Date”
(17) If the final plat is disapproved by the Subdivision Administrator, the reasons for the 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 Subdivision Administrator as a 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 the changes as will bring the final plat into compliance and resubmit same for reconsideration by the Planning Board and Subdivision Administrator, as determined by the Subdivision Administrator.
(18) If the final plat is approved by the Subdivision Administrator, 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.
(19) The subdivider shall file the approved final plat with the Register of Deeds of Cherokee County within 60 days of the Subdivision Administrator's approval; otherwise, the approval shall be null and void.
(Ord. passed 9-19-1985; Am. Ord. passed 10-7-2019; Am. Ord. passed 6-7-2021)
Penalty, see § 152.99