Loading...
Pursuant to G.S. § 160A-372, a final plat shall be prepared, approved and recorded pursuant to the provisions of this chapter whenever any subdivision of land takes place.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)
Editor’s note:
G.S. § 160A-372 was repealed by S.L. 2019-111, s. 2.3, as amended by S.L. 20203, s. 4.33(a), and S.L. 2020-25, s. 51(a), (b), (d), effective June 19, 2020
Pursuant to G.S. § 160A-373, no final plat of a subdivision within the jurisdiction of the town as established in § 152.005 of this chapter shall be recorded by the Register of Deeds of the county until it has been approved by the Town Board as provided herein. To secure such approval of a final plat, the subdivider shall follow the procedures established in this subchapter.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)
Editor’s note:
G.S. § 160A-373 was repealed by S.L. 2019-111, s. 2.3, as amended by S.L. 20203, s. 4.33(a), and S.L. 2020-25, s. 51(a), (b), (d), effective June 19, 2020
(A)
All subdivisions shall be considered major subdivisions except those defined as minor subdivisions in this section. Major subdivisions shall be reviewed in accordance with the procedures in §§ 152.049 through 152.051. Minor subdivisions shall be reviewed in accordance with the provisions in § 152.048. However, if the subdivider owns, leases, holds an option on or holds any legal or equitable interest in any property adjacent to or located directly across a street, easement, road or right-of-way from the property to be subdivided, the subdivision shall not qualify under the abbreviated procedure. Furthermore, the abbreviated procedure may not be used a second time within three years on any property less than 1,500 feet from the original property boundaries by anyone who owned, had an option on or any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval.
(B) A minor subdivision is defined as one involving no new public or private streets or roads, or right-of-way dedication, no easements, no utility extension, where the entire tract to be subdivided is five or fewer lots after the subdivision is completed. Minor subdivisions creating three lots or less may follow an expedited process and receive approval from the Subdivision Administrator at his or her discretion: approval as noted in § 152.048 of this chapter may also be required at the discretion of the Subdivision Administrator.
(C) G.S. § 160D-802(c) subdivision. Only a plat for recordation may be required for the division of a tract or parcel of land in single ownership if all of the following criteria are met:
(1) The tract or parcel to be divided is not exempted under the definition of subdivision contained in § 152.001.
(2) No part of the tract or parcel to be divided has been divided under this subsection in the ten years prior to division.
(3) The entire area of the tract or parcel to be divided is greater than five acres.
(4) After division, no more than three lots result from the division.
(5) After division, all resultant lots comply with all of the following:
(a) All lot dimension size requirements of the applicable land-use regulation, if any.
(b) The use of the lots is in conformity with the applicable zoning requirements, if any.
(c) A permanent means of ingress and egress is recorded for each lot.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)
(A) Sketch plan for minor subdivision.
(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 County Health Director, or local public utility, as appropriate, as to proposed water or sewerage systems; and
(k) The District Highway Engineer of the NCDOT as to proposed state streets, state highways, and related drainage systems.
(2) The sketch plan shall be submitted at least 14 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.
(B) Final plat for minor subdivisions.
(1) Upon approval of the sketch plan by the Planning Board, 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 15 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 by the 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 Manual 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 Manual of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the County Register of Deeds.
(5) 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.
(6) Submission of the final plat shall be accompanied by a filing fee of $50 to cover administrative cost.
(7) The final plat shall meet the specifications in § 152.052 of this chapter.
(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 Richlands and that I hereby adopt this plan of subdivision with my free consent and establish minimum building setback lines as noted.
_________________ _____________________________________
Date Owner
(b) Certificate of survey and accuracy. In accordance with the Manual of Practice for Land Surveying in North Carolina, on the face of each map prepared for recordation there shall appear a certificate acknowledged before an officer authorized to take acknowledgments and executed by the person making the survey or map including deeds and any recorded data shown thereon. The certificate shall include a statement of error of closure calculated by latitudes and departures. Any lines on the map which were not actually surveyed must be clearly indicated on the map and a statement included in the certificate revealing the source of information. The certificate shall take the following general form:
State of North Carolina Onslow County
I, _____________ , certify that this map was drawn by me (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (deed description recorded in Book _____ , Page _____ , Book _____ , Page _____ , etc.) (other); that the ratio of precision as calculated by latitudes and departures is 1: _____________________ , (that the boundaries not surveyed are shown as broken lines plotted from information found in Book _____ , Page _____ ); that this map was prepared in accordance with NCGS 47-30, as amended.
Witness my hand and seal this __________ day of ___________ , 20_____ .
_________________________
Registered Land Surveyor
Official Seal
Registration Number
I (officer authorized to take acknowledgments) do hereby certify that (name of registered surveyor) personally appeared before me this day and acknowledged the due execution of this certificate. Witness my hand and (where an official seal is required by law) official seal this the _________ day of ______ (year).
_________________________
Signature of Officer
Official Seal
(9) The Planning Board shall review the final plat at or before its next regularly scheduled meeting which follows at least 15 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 45 days of its first consideration of the plat.
(10) During its review of the final plat the Planning Board may appoint an engineer or registered land surveyor to confirm the accuracy of the final plat or to provide comments on technical data. The costs shall be charged to the subdivider and the plat shall not be recommended for approval until such engineering fees have been paid.
(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 Town Board through the Subdivision Administrator.
(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 Town Board through the Subdivision Administrator.
(13) If the Planning Board recommends disapproval of the final plat, it shall instruct the subdivider concerning re-submission of a revised plat and the subdivider may make such changes as will bring the plat into compliance with the provisions of this chapter and re-submit same for reconsideration by the Planning Board, or appeal the decision to the Town Board.
(14) 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 Board 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 Town Board, the Town Board shall review and approve or disapprove the final plat within 45 days after the plat and recommendations of the Planning Board have been received by the Subdivision Administrator. The Town Board shall use quasi-judicial procedures, as provided by § 152.074 when hearing appeals.
(16) If the Town Board approves the final plat, such 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 Richlands, North Carolina and that this plat has been approved by the Town Board for recording in the Office of the Register of Deeds of Onslow County.
________________________________________________
Town Administrator, Town of Richlands, North Carolina
______________
Date
(17) If the final plat is disapproved by the Town Board the reasons for such disapproval shall be stated in writing, specifying the provisions of this chapter with which the final plat does not comply. One copy of such reasons and one print of the plat shall be retained by the Town Board 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 such changes as will bring the final plat into compliance and re-submit same for reconsideration by the Planning Board and the Town Board or by the Town Board as determined by the Town Board.
(18) If the final plat is approved by the Town Board, such approval shall be noted in writing on the face of the plat and the plat shall be signed by an authorized representative of the town. 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 the county within 30 days of Town Board approval; otherwise, such approval shall be null and void. One reproducible tracing as recorded by the Register of Deeds shall be returned to the Town Clerk.
(20) The approvals and disapprovals set forth in this section shall be communicated by the officer making the determination who shall in turn give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner.
(21) Any recommendation made by the Planning Board shall be deemed administrative in nature. (Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)
(A) Number of copies and contents. Prior to the preliminary plat submission, the subdivider shall submit to the Planning Board two copies of a sketch plan of the proposed subdivision (or three copies if the abbreviated procedure is to be used) containing the following information:
(1) A sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads and waterways;
(2) The boundaries of the tract and the portion of the tract to be subdivided;
(3) The total acreage to be subdivided;
(4) The existing and proposed uses of the land within the subdivision and the existing uses of land adjoining it;
(5) The proposed street layout with approximate pavement and right-of-way width, lot layout and size of lots;
(6) The name, address and telephone number of the owner;
(7) The name, if any, of the proposed subdivision;
(8) Streets and lots of adjacent developed or plated properties;
(9) The zoning classification of the tract and of adjacent properties;
(10) A statement from the County Health Director, or local public utility, as appropriate, as to proposed water or sewerage systems; and
(11) The District Highway Engineer of the NCDOT as to proposed state streets, state highways, and related drainage systems.
(B) Submission and review procedure.
(1) The sketch plan is a conceptual plan which shall indicate the intentions of the subdivider with respect to all of the lands owned or controlled by the subdivider.
(2) The sketch plan shall be submitted at least 14 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 preliminary and final plats.
(3) One copy of the sketch plan shall be retained as a part of the minutes of the Planning Board with the other copy being returned to the subdivider or his or her authorized agent.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)
(A) Submission procedure.
(1) For every subdivision within the territorial jurisdiction established by § 152.048, which does not qualify for the abbreviated procedure, the subdivider shall submit a preliminary plat which shall be reviewed by the Planning Board and approved by the Planning Board before any construction or installation of improvements may begin. (The "abbreviated procedure" is a reference to the minor subdivision process. There is no other abbreviated process or procedure available.)
(2) The preliminary plat shall be consistent in concept with the previously submitted and approved sketch plan. The preliminary plat may constitute a portion of the sketch plan.
(3) Twelve copies of the preliminary plat (as well as any additional copies which the Subdivision Administrator determines are needed to be sent to other agencies) shall be submitted to the administrator of this chapter at least 20 days prior to the Planning Board meeting at which the subdivider desires the Planning Board to review the preliminary plat.
(B) Review by other agencies. After having received the preliminary plat from the subdivider, the Subdivision Administrator shall submit copies of the preliminary plat and any accompanying material to other officials and agencies concerned with new development including, but not limited to:
(1) Technical Review Committee consisting of the Town Administrator and appropriate town departmental heads and, if deemed appropriate, a professional engineer or surveyor who shall confirm the accuracy of the preliminary plat and shall provide comments on technical data. The costs shall be charged to the subdivider;
(2) County Health Director, or local public utility, as appropriate, as to proposed water or sewerage systems;
(3) County Board of Education;
(4) The District Highway Engineer of the NCDOT as to proposed state streets, state highways, and related drainage systems;
(5) County Soil Conservation Service Office; and
(6) U.S. Army Corps of Engineers, Wilmington, North Carolina.
(C) Review procedure.
(1) The Planning Board shall not approve the preliminary plat and final plat of the same subdivision at the same meeting. The Planning Board shall review the preliminary plat at or before its next regularly scheduled meeting which follows at least 30 days after the Subdivision Administrator receives the preliminary plat and the comments from the appropriate agencies.
(2) The Planning Board shall, in writing, recommend approval, conditional approval with recommended changes to bring the plat into compliance, or disapproval with reasons within 60 days of its first consideration of the plat.
(3) If the Planning Board recommends approval of the preliminary plat, it shall retain one copy of the plat for its minutes and return one copy of the plat to the subdivider.
(4) If the Planning Board recommends conditional approval of the preliminary plat it shall keep one copy of the plat for its minutes and return the remaining copy of the plat and its recommendation to the subdivider.
(5) If the Planning Board recommends disapproval of the preliminary plat, it shall retain one copy of the plat for its minutes and return one copy of the plat and its recommendation to the subdivider.
(6) If the preliminary plat is disapproved, the subdivider may make the recommended changes and submit a revised preliminary plat or appeal the decision to the Town Board.
(7) If the Planning Board does not make a written recommendation within 60 days after its first consideration of the plat, the subdivider may apply to the Town Board for approval.
(8) Appeals of any decisions may be made in accordance with the provisions of § 152.075 herein.
(9) The approvals and disapprovals set forth in this section shall be communicated by the officer making the determination who shall in turn give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)
(A) Preparation of final plat and installation of improvements. Upon approval of the preliminary plat by the Planning Board, 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 Town Board unless accompanied by written notice by the Town Clerk 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; such portion shall conform to all requirements of this chapter.
(B) Guarantees of improvements.
(1) Final plats of a subdivision shall be approved by the Town Board after the subdivider has installed all required improvements in accordance with the requirements of this chapter or provided a performance guarantee in accordance with division (2) below.
(2) Performance guarantees. Final plats of a subdivision shall be approved by the Town Board upon posting of a performance guarantee to assure successful completion of required improvements.
For purposes of this section, all of the following apply with respect to performance guarantees:
(a) Type. The type of performance guarantee shall be at the election of the developer. The term PERFORMANCE GUARANTEE means any of the following forms of guarantee:
1. Surety bond issued by any company authorized to do business in this state.
2. Letter of credit issued by any financial institution licensed to do business in this state.
3. Other form of guarantee that provides equivalent security to a surety bond or letter of credit.
(b) 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.
(c) Extension. A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of the town, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period. An extension under this subdivision shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall be determined by the procedure provided in division (E) of this section and shall include the total cost of all incomplete improvements.
(d) Release. The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgment by the town that the improvements for which the performance guarantee is being required are complete. The town shall return letters of credit or escrowed funds upon completion of the required improvements to its specifications or upon acceptance of the required improvements, if the required improvements are subject to town acceptance. When required improvements that are secured by a bond are completed to the specifications of the town, or are accepted by the town, if subject to its acceptance, upon request by the developer, the town shall timely provide written acknowledgment that the required improvements have been completed.
(e) Amount. The amount of the performance guarantee shall not exceed 125% of the reasonably estimated cost of completion at the time the performance guarantee is issued. The town may determine the amount of the performance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include 100% of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional 25% allowed under this subdivision includes inflation and all costs of administration regardless of how such fees or charges are denominated. The amount of any extension of any performance guarantee shall be determined according to the procedures for determining the initial guarantee and shall not exceed 125% of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.
(f) Timing. A performance guarantee required under this section shall be posted at the time the plat is recorded.
(g) Coverage. The performance guarantee shall only be used for completion of the required improvements and not for repairs or maintenance after completion.
(h) Legal responsibilities. No person shall have or may claim any rights under or to any performance guarantee provided pursuant to this section or in the proceeds of any such performance guarantee other than the following:
1. The town;
2. The developer at whose request or for whose benefit the performance guarantee is give;
3. The person or entity issuing or providing the performance guarantee at the request of or for the benefit of the developer.
(i) Multiple guarantees. The developer shall have the option to post one type of a performance guarantee as provided for in division (A) of this section, in lieu of multiple bonds, letters of credit, or other equivalent security, for all development matters related to the same project requiring performance guarantees.
(j) Performance guarantees associated with erosion control and storm water control measures are not subject to the provision of this section.
(C) Submission procedure.
(1) The subdivider shall submit the final plat, so marked, to the Subdivision Administrator not less than 30 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 12 months after the date on which the preliminary plat was approved; otherwise such approval shall be null and void, unless a written extension of this limit is granted by the Town Board on or before the 12-month anniversary of the approval.
(2) The final plat shall be prepared by a registered land surveyor currently licensed and registered in the state by the 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 Manual of Practice for Land Surveying in North Carolina.
(3) Ten copies of the final plat shall be submitted; two of these shall be on reproducible material; eight shall be black or blue line paper prints. Material and drawing medium for the original shall be in accordance with the Manual of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the County Register of Deeds.
(4) 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.
(5) Submission of the final plat shall be accompanied by the required filing fee to cover administrative costs.
(7) The following signed certificates shall appear on all ten 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 Richlands 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.
__________ ______________________________
Date Owner(s)
(b) Certificate of survey and accuracy. In accordance with the Manual of Practice for Land Surveying in North Carolina, on the face of each map prepared for recordation there shall appear a certificate acknowledged before an officer authorized to take acknowledgments and executed by the person making the survey or map including deeds and any recorded data shown thereon. The certificate shall include a statement of error of closure calculated by latitudes and departures. Any lines on the map which were not actually surveyed must be clearly indicated on the map and a statement included in the certificate revealing the source of information. The certificate shall take the following general form:
State of North Carolina Onslow County
I, ___________________ , certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (deed description recorded in Book _____ , Page _____ , Book _____ , Page _____ , etc.) (other); that the ratio of precision as calculated by latitudes and departure is 1: ________________ (that the boundaries not surveyed are shown as broken lines plotted from information found in Book _____ , Page _____ ): that this map was prepared in accordance with NCGS 47-30, as amended.
Witness my hand and seal this _____ day of ___________ , 20 _____ .
________________________________
Registered Land Surveyor
Official Seal
Registration Number
I, (officer authorized to take acknowledgments) do hereby certify that (name of registered surveyor) personally appeared before me this day and acknowledged the execution of this certificate. Witness may hand and (where an official seal is required by law) official seal this the _____ day of _____ (year).
________________________________
Signature of Officer
Official Seal
(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 a manner approved by the appropriate state or local authority and according to Town 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 of Richlands has been received, and that the required filing fee for this plat has been paid.
________________________________
Subdivision Administrator
________________________________
Engineer
_______________________
Date
(8) The Planning Board shall review the final plat at or before its next regularly scheduled meeting which follows at least 30 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 45 days of its first consideration of the plat.
(9) During its review of the final plat the Planning Board may appoint an engineer or a registered land surveyor to confirm the accuracy of the final plat or to provide comments on technical data. The costs shall be charged to the subdivider and the plat shall not be recommended for approval until such fees have been paid.
(10) 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 Board through the Subdivision Administrator.
(11) 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 Town Board through the Subdivision Administrator.
(12) If the Planning Board recommends disapproval of the final plat, it shall instruct the subdivider concerning re-submission of a revised plat and the subdivider may make such changes as will bring the plat into compliance with the provisions of this chapter, and re-submit same for reconsideration by the Planning Board, or appeal the decision to the Town Board.
(13) Failure of the Planning Board to make a written recommendation within 60 days shall constitute grounds for the subdivider to apply to the Town Board for approval.
(14) If the Planning Board recommends approval or conditional approval with modifications to bring the plat into compliance, or the subdivider appeals to the Town Board, the Town Board shall review and approve or disapprove the final plat within 45 days after the plat and recommendations of the Planning Board have been received by the Subdivision Administrator. The Town Board shall use quasi-judicial procedures, as provided by § 152.074 when hearing appeals.
(15) If the Town Board approves the final plat, such 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 Richlands, North Carolina, and that this plat has been approved by the Town Board for recording in the Office of the Register of Deeds of Onslow County.
_______________________________________________
Town Administrator, Town of Richlands, North Carolina
___________________
Date
(16) If the final plat is disapproved by the Town Board, the reasons for such disapproval shall be stated in writing, specifying the provisions of this chapter with which the final plat does not comply. One copy of such reasons and one print of the plat shall be retained by the Town Board as part of its proceedings; one copy of the reasons and three copies of the plat shall be transmitted to the subdivider and in accordance with division (19) below. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance and re-submit same for reconsideration by the Planning Board and the Town Board or by the Town Board as determined by the Town Board.
(17) If the final plat is approved by the Town Board, the approval shall be entered on the face of the plat in writing, by an authorized representative of the town. 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 retained by the Planning Board for its records.
(18) The subdivider shall file the approved final plat with the Register of Deeds of the county within 30 days of Town Board approval; otherwise, such approval shall be null and void. One reproducible tracing as recorded by the Register of Deeds shall be returned to the Town Clerk.
(19) The approvals and disapprovals set forth in this section shall be communicated by the officer making the determination who shall in turn give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)
Loading...