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Standards of accuracy as prescribed in The Manual of Practice for Land Surveying, published by the State Board of Registration for Professional Engineers and Land Surveyors, shall apply to all surveys and maps.
(Prior Code, § 9-3003) (Ord. passed - -)
Statutory reference:
Municipal subdivision control regulation, see G.S. §§ 160A-37 et seq.
PROCEDURES FOR SECURING APPROVAL OF SUBDIVISIONS
(A) No person, firm, or corporation shall transfer or sell any real property located within the town within the limits in any direction of the planning limits of the town, nor within any area beyond the town limits where city utilities are reasonably accessible, by reference to a plat showing a subdivision of the property until the plat has been approved by the Town Administrator and/or Public Works Director, and recorded in the office of the County Register of Deeds.
(B) Notwithstanding, the provisions of this chapter shall not prohibit any owner or its agent from entering into contracts to sell or lease by reference to an approved preliminary plat for which a final plat has not yet been properly approved or recorded with the Register of Deeds; provided the contract does all of the following:
(1) Incorporates as an attachment a copy of the preliminary plat referenced in the contract, and obligates the owner to deliver to the buyer a copy of the recorded plat prior to closing and conveyance;
(2) Plainly and conspicuously notifies the prospective buyer or lessee that a final subdivision plat has not been approved or recorded at the time of the contract, that no governmental body will incur any obligation to the prospective buyer or lessee with respect to the approval of the final subdivision plat, that changes between the preliminary and final plats are possible, and that the contract or lease may be terminated without breach by the buyer or lessee if the final recorded plat differs in any material respect from the preliminary plat;
(3) Provides that if the approved and recorded final plat does not differ in any material respect from the plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than five days after the delivery of a copy of the final recorded plat; and
(4) Provides that if the approved and recorded final plat differs in any material respect from the preliminary plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than 15 days after the delivery of the final recorded plat, during which 15-day period the buyer or lessee may terminate the contract without breach or any further obligation, and may receive a refund of all earnest money or prepaid purchase price.
(C) The provisions of this chapter shall not prohibit any owner or its agent from entering into contracts to sell or lease land by reference to an approved preliminary plat, for which a final plat has not been properly approved or recorded with the Register of Deeds, where the buyer or lessee is any person who has contracted to acquire or lease the land for the purpose of engaging in the business of construction of residential, commercial, or industrial buildings on the land, or for the purpose of resale or lease of the land to persons engaged in that kind of business; provided, that no conveyance of that land may occur, and no contract to lease it may become effective, until after the final plat has been properly approved under this chapter and recorded with the Register of Deeds.
(D) No person, firm, or corporation shall lay, erect, or construct or authorize the laying, erecting, or constructing, of any water or sewer line in any street of a subdivision opened or laid out without approval of the Town Administrator and/or Public Works Director; nor shall any water or sewer service be furnished by the town to any owner or occupant of any land abutting upon any street opened, laid out or constructed without prior permission of the Town Administrator and/or Public Works Director; nor shall any connection with the water or sewer system of the town, or with any other water or sewer system which connects with the town system, be allowed or be made within any real estate subdivision or other area laid out and subdivided prior to the date of this chapter.
(E) No street or proposed street within the town limits, which is sought to be dedicated by the owner or owners, shall be accepted by the Town Administrator and/or Public Works Director until and unless the street shall be platted, laid out, graded, and improved in accordance with the type street required by the Board of Commissioners.
(F) Where a proposed subdivision includes any part of a thoroughfare which has been designated as such upon the officially adopted thoroughfare plan of the Gaston Urban Area, such part of such thoroughfare shall be platted by the subdivider in the location shown on the plan and at the width specified in this chapter.
(G) (1) Similarly, proposed subdivisions must comply in all respects with the requirements of Chapter 154 in effect in the area to be subdivided, and any other officially adopted plans.
(2) All development plats shall be submitted to and reviewed by the Gaston Urban Area Transportation Planning Office prior to official action by the governing board.
(Prior Code, § 9-3011) (Ord. passed - -, Ord. passed 6- -2006)
(A) The initial step in securing approval of a subdivision shall be submission of a preliminary plat to the Planning and Zoning Commission of the town for its approval. The owner, subdivider, or developer seeking approval shall submit an application in writing to the Town Clerk at least 20 days before the meeting of the Planning and Zoning Commission at which it is to be reviewed. The application shall include:
(1) Name and address of the owner, subdivider, and/or developer;
(2) Name and address of the person to whom notice of hearing or other communication shall be sent;
(3) The proposed name of the subdivision;
(4) A copy of the covenants to be used in connection with the subdivision; and
(5) Six prints of a preliminary plat prepared by a registered professional engineer or registered land surveyor.
(B) The Planning and Zoning Commission shall review the preliminary plat and may suggest changes required so that the subdivision may comply with the provisions of the town requirements for subdivisions and for such other changes that may be found desirable. The Planning and Zoning Commission shall within 30 days after the meeting at which the preliminary plat is reviewed take final action on the plat. It may approve the plat in whole, in part or subject to modification, or it may disapprove the plat.
(Prior Code, § 9-3012) (Ord. passed - -)
(A) The town shall, within 45 days after rejection of the preliminary plat of a subdivision, review the application and the decision of the Planning and Zoning Commission if the developer requests an appeal. The town may then take any action with reference to the preliminary plat which the Planning and Zoning Commission is authorized to take. After receiving approval of the preliminary plat, the applicant may proceed to construct improvements in accordance with the requirements as shown on the approved preliminary plat. Upon completion of the improvements, he or she shall submit an engineering plat showing the details of the actual construction of the subdivision.
(B) The preliminary plat should show the following data:
(1) A vicinity sketch showing the position of the subdivision in relation to surrounding streets and adjoining properties;
(2) The preliminary plat shall be drawn on one or more sheets, not larger than 30 inches by 42 inches showing the following information:
(a) The name of the subdivision, the north point, and the scale of the drawing;
(b) The boundary lines of the proposed subdivision showing intersecting boundaries, and owners’ names on adjacent tracts, the lot lines, street right-of-way lines and widths, parcels of land to be dedicated for public use, building setback lines with distance from street property line, existing and proposed easements, all streets either open or dedicated within 150 feet of the subdivision boundary;
(c) There shall also be furnished, either as part or separately, a topographic map showing contour lines at integrals of two feet or less referred to sea level data, for subdivision over five acres, and for others when required by the Planning and Zoning Commission;
(d) The location, size, and elevations of all proposed storm drains, catch basins, and appurtenances; and
(e) The location, size, and elevation of all existing sanitary sewers, storm sewers, water mains, fire hydrants, culverts, drainage structures, or other underground structures within the tract or immediately adjacent thereto.
(3) All streets shall be plotted, planned, and profiled showing the requirements of the Planning and Zoning Commission. The street shall show the width of the right-of-way, the width of the roadway, width and location of sidewalks or sidewalk areas, and the relative elevation between the centerline and the property line.
(Prior Code, § 9-3013) (Ord. passed - -)
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