(A) Preparation of final plat and installation of improvements. Upon approval of the preliminary plat by the Subdivision Administrator, 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 Planning Board or the Subdivision Administrator unless accompanied by written notice by the Town Manager acknowledging compliance with the improvement and guarantee 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; the portion shall conform to all requirements of this chapter.
(B) Improvements guarantees.
(1) Agreement and security required. In lieu of requiring the completion, installation, and dedication of all improvements prior to final plat approval, the Town of Murphy may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements. Once the agreement is signed by both parties and the security required herein is provided, the final plat may be approved by the Planning Board and Subdivision Administrator if all other requirements of this chapter are met. To secure this agreement, the subdivider shall provide, subject to the approval of the Subdivision Administrator, either one, or a combination of the following guarantees not exceeding 1.25 times the entire cost as provided herein. For any specific development, the type of performance guarantee from the range specified by the town shall be at the election of the developer.
(a) Duration. The duration of the performance guarantee shall initially be one year, unless the developer determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration.
(b) Surety performance bond(s). The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do business in North Carolina. The bonds shall be payable to the Town of Murphy, and shall be in an amount equal to 1.25 times the entire cost, as estimated by the subdivider and approved by the Subdivision Administrator, of installing all required improvements. The duration of the bond(s) shall be until the time as the improvements are accepted by the Subdivision Administrator.
(c) Cash or equivalent security.
1. The subdivider shall deposit cash, an irrevocable letter of credit, 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 Subdivision Administrator. The amount of deposit shall be equal to 1.25 times the cost, as estimated by the subdivider and approved by the Subdivision Administrator, of installing all required improvements.
2. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Subdivision Administrator an agreement between the financial institution and himself guaranteeing the following:
a. That the escrow account shall be held in trust until released by the Subdivision Administrator and may not be used or pledged by the subdivider in any other matter during the term of the escrow; and
b. 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 Subdivision Administrator and submission by the Subdivision Administrator 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 estimated 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. 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 Subdivision Administrator, pay all or any portion of the bond or escrow fund to the Town of Murphy up to the amount needed to complete the improvements based on an engineering estimate. Upon payment, the Subdivision Administrator, in its discretion, may expend the portion of the funds as it deems necessary to complete all or any portion of the required improvements. The town shall return to the subdivider any funds not spent in completing the improvements.
(3) Release of guarantee security. The Subdivision Administrator may release a portion of any security posted as the improvements are completed and recommended for approval by the Subdivision Administrator. Within 40 days after receiving the Subdivision Administrator's recommendation, the Subdivision Administrator shall approve the improvements. If the Subdivision Administrator approves the improvements, then it shall immediately release any security posted.
(a) Timing. The Subdivision Administrator, at his or her discretion, may require the performance guarantee to be posted either at the time the plat is recorded or at a time subsequent to plat recordation.
(C) Submission procedure.
(1) 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; further, the final plat for the first stage of the subdivision shall be submitted not more than 18 months after the date on which the preliminary plat was approved, otherwise the approval shall be null and void, unless a written extension of this limit is granted by the Subdivision Administrator on or before the 18-month anniversary of the approval.
(2) 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.
(3) 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.
(4) 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.
(5) Submission of the final plat shall be accompanied by a filing fee as determined from time to time by the Subdivision Administrator.
(6) The final plat shall meet the specifications in § 152.52.
(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 Murphy, 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 Murphy.
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 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. 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;
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, this 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: ”
(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)(City)(County) 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)(City)(County) of has been received, and that the filing fee for this plat, in the amount of $ , has been paid.
Subdivision Administrator
Date”
(D) Review procedure.
(1) 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.
(2) During its review of the final plat, the Planning Board may appoint a Registered Land 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.
(3) If the Planning Board recommends approval of the final plat, it shall transmit all copies of the plat and its written recommendations to the Subdivision Administrator.
(4) 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 recommendations and two reproducible copies of the plat to the subdivider, and transmit one print of the plat and its written recommendation to the Subdivision Administrator.
(5) 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.
(6) Failure of the Planning Board to make a written recommendation within 40 days shall constitute grounds for the subdivider to apply to the Subdivision Administrator for approval.
(7) 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.
(8) 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 for recording in the Office of the Register of Deeds of Cherokee County.
Subdivision Administrator
Murphy, North Carolina
Date”
(9) 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 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 the Subdivision Administrator, or by the Subdivision Administrator as determined by the Subdivision Administrator.
(10) 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.
(11) 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 9-4-2007; Am. Ord. passed 10-7-2019; Am. Ord. passed 6-7-2021)
Penalty, see § 152.99