(A) Application procedure and requirement. Following the approval of the preliminary plat and completion of all required improvements, if the improvements are not going to be bonded, the applicant shall file with the administrative official an application for final approval of a subdivision plat. The application shall:
(1) Be made on forms available at the office of the administrative official;
(2) Be accompanied by a minimum of 7 prints and 1 reproducible copy of the final plat and:
(a) An as built drawing of sanitary sewers (if applicable) with grade, pipe sizes, and points of discharge;
(b) An as built drawing of storm sewer system with grade, pipe sizes, and location of outlets; and
(c) An as built drawing of water system with pipe sizes and location of hydrants and valves.
(3) Comply in all respects with the preliminary plat as approved;
(4) Be accompanied by all formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, parks, and easements, in a form approved by the local government attorney; and the final plat shall be marked with a notation indicating the formal offers of dedication as follows:
“The owner, or his or her authorized agent, hereby irrevocably offers for dedication to the local government all the streets, local government uses, easements, parks and required utilities shown in the subdivision plat and construction plans in accordance with an irrevocable offer of dedication dated ______, and recorded in the County Clerk of Court's office.”
By: ________________
(Owner or Representative)
Date: ______________
The applicant shall deliver a full covenant and warranty deed to all the lands in proper form for recording;
(5) Be accompanied by the performance bond, if required, in a form satisfactory to the local government attorney and in an amount established by the Planning Commission upon recommendation of the County Engineer, and shall include a provision that the principal of the bond shall comply with all the terms of the resolution of final plat approval as determined by the Planning Commission, and shall include, but not be limited to, the performance of all required subdivision and off-site improvements, and that all improvements and land included in the irrevocable offer of dedication shall be dedicated to the local government free and clear of all liens and encumbrances on the premises; and
(6) Be accompanied by the following certificate signed by a registered South Carolina engineer, covering all required improvements which are not bonded:
“I hereby certify that the streets, drainage system, sewer system, and water system in _____ subdivision as shown on the As-Built Drawings dated _____, prepared by ______ have been installed in accordance with the preliminary plat and Construction Plans approved by the Newberry County Planning Commission on _____.”
SEAL
_________(Registered Engineer)
(B) Final plat approval.
(1) Upon certification by the administrative official to the Planning Commission that the final plat is in conformity with the preliminary plat as approved, the administrative official shall submit an appropriate number of copies of the final plat and as built drawings to the same agencies and county departments which reviewed and approved the preliminary plat.
(2) These reviewing agencies shall report their findings to the Planning Commission within 30 days after receipt of the final plat.
(3) Upon receipt of:
(a) A report from the County Health Department that all lots are acceptable for installation of wells or a report from the City Engineer/Public Service District and the South Carolina Department of Health and Environmental Control Water Division that the water system is acceptable for operation;
(b) A report from the County Health Department that all lots are acceptable for installation of an individual sewage disposal system or a report from the City Engineer/Public Service District and the South Carolina Department of Health and Environmental Control Waste Water Division that the waste water system is acceptable for operation; and
(c) A report from the County Engineer and the County Public Works Department that all streets and drainage facilities have been properly installed in accordance with the preliminary plat.
(4)
Or upon approval of a bond for completion of improvements by the County Council, or its designee, the Planning Commission shall give approval, approval with modifications, or disapproval of the final plat. When a bond is used in lieu of completion of improvements, the Planning Commission shall stipulate the period of time within when all of the required improvements shall be installed and approved by the appropriate agencies. In no event shall this time be longer than 2 years.
(5) In each case, the Planning Commission shall act on a final plat within 60 days after the date of application; otherwise, the plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Planning Commission on demand; provided, however that the applicant may waive this requirement and consent in writing to the extension of the period. The grounds of disapproval of any plat shall be stated upon the records of the Planning Commission. No plat shall be acted upon by the Planning Commission without affording a hearing thereon, notice of time and place of which shall be sent by registered or certified mail to the address provided by the applicant not less than 5 days before the time of the hearing.
(6) It is expressly provided that the Planning Commission shall not act to override the requirements of other agencies or county departments. It may, however, seek to bring agreement in cases of conflict between the various reviewing agencies, or a reviewing agency and the subdivider.
(7) In no case shall the Planning Commission disapprove a final plat of a subdivision which:
(a) Meets the requirements of a final plat as set forth in these regulations;
(b) Conforms to an approved preliminary plat; and
(c) Has all the required improvements installed and approved.
(8) (a) Any appeal shall be made to the County Council, which shall hear the appeal and, in its discretion, hear oral argument on the appeal, and render a written decision, including findings of fact, within 20 days of the hearing of the appeal, to the appellant and the Planning Commission.
(b) Any appeal to County Council must be in writing and filed with County Council within 10 days after notice of the decision of the Planning Commission has been delivered to the applicant and land owner.
(c) The County Council must render its decision as to whether or not the appeal shall be heard within 20 days thereafter, and if it determines to consider the appeal, or to receive oral argument, to formally consider the an appeal, including any oral argument, within 20 days thereafter.
(d) Failure to act by County Council within the 20-day period shall constitute a denial of the appeal and the ruling of the Planning Commission shall be the final administrative decision in the matter.
(C) Certificate of approval for recording. Upon approval of the final plat by the Planning Commission, the following statement will be placed on the final plat by the administrative official and 2 copies of the plat returned to the subdivider:
“The subdivision plat shown hereon has been found to comply with the Newberry County Subdivision Regulations and has been approved for recording in the Office of the Clerk of Court of Newberry County, South Carolina.”
Date: ________
Title: ________
(D) Recording of final plat. It shall be the responsibility of the administrative official to file the plat with the County Clerk of Court's office within 30 days of the date of signature.
(E) Staging of major subdivisons. The Planning Commission may grant final plat approval to sections of a subdivision shown on an approved preliminary plat which meets all the previously mentioned requirements of this chapter, if the sections in the opinion of the Planning Commission are adequately served by all utilities, a storm drainage system, and street system, even if no other sections of the subdivision are developed.
(F) Final plat revisions. If it should become necessary to revise a final plat due to a dimensional error, a revised plat shall be submitted to the County Clerk to Council for final recording after the Planning Commission has approved and signed the revised plat.
(Ord. 105, passed 12-29-1988
; Am. Ord. 04-12-08, passed 7-16-2008)
Penalty, see § 154.999