(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)