Final plats shall be reviewed according to the following procedure.
(A) Planning Board review.
(1) The Planning Board shall approve or disapprove the final plat within 45 days of its first consideration.
(2) During its review of the final plat, the Planning Board may appoint any engineer or surveyor to confirm the accuracy of the final plat. If substantial errors are found, the costs shall be charged to the subdivider and the plat shall not be approved until such errors have been corrected.
(3) If the Planning Board approves the final plat, such approval shall be indicated on each copy of the plat by the following signed certificate:
CERTIFICATION OF APPROVAL BY THE PLANNING BOARD
The Rutherford College Planning Board hereby approves the final plat for the _____________ Subdivision.
________________ ______________________________________
Date Chairperson, Rutherford College Planning Board
(4) If the Planning Board disapproved the final plat, the Staff Planner shall state in writing its reasons for such action, specifying the provisions of this chapter with which the plat does not comply. One copy of this statement shall be transmitted to the subdivider within 15 days of disapproval; one copy shall be retained by the Planning Board as part of its proceedings. If the final plat is disapproved, the subdivider may make such changes as will bring the plat into compliance with the provisions of this chapter and resubmit same for reconsideration by the Planning Board.
(5) If the Planning Board fails to approve or disapprove the final plat within 60 days after the submission date of the completed final plat as previously defined in this division (A), such failure shall be deemed to be approval and shall constitute grounds for the subdivider to apply for final approval by the Town Council.
(B) Town Council review.
(1) The Town Council shall review the final plat with the requirements of the Planning Board and shall approve or disapprove the plat at their next regularly scheduled meeting or within 45 days of the Planning Board’s final action.
(2) If the Town Council 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 Ordinance for Rutherford College, North Carolina, and mat this plat has been approved by the Town Council for recording in the office of the Register of Deeds of Burke County.
_______________________ _____________________________
Date Town Clerk
(3) If the final plat is disapproved by the Town Council, the reason for such disapproval shall be stated in writing, specifying the provision(s) of this chapter with which the final plat does not comply.
(4) One copy of such reasons shall be retained by the Town Council as a part of its proceedings, and the Staff Planner, Planning Board Chairperson and the subdivider shall each receive one copy. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance with this chapter and resubmit same of consideration by the Planning Board.
(C) Disposition of copies. If the final plat is approved by the Town Council, two copies of the plat shall be returned to the subdivider. The reproducible tracing and two prints shall be filed with the Register of Deeds. One print shall be retained by the Planning Board.
(D) Recording of the final plat. The subdivider shall file the approved final plat with the register of deeds of the county for recording within 60 days after the date of the Town Council approval; otherwise, such approval shall be null and void.
(E) Resubdivision procedure. For any replatting or resubdivision of land, the same procedures, rules and regulations shall apply as prescribed herein for an original subdivision. Lot sizes may, however, be varied on an approved plat after recording, provided that:
(1) No lot or tract of land shall be created or sold that is smaller than the size shown on the approved plat;
(2) Drainage, easements or rights-of-way shall not be changed;
(3) Street alignment and block sizes shall not be changed;
(4) The property line between the back of the lots shall not be changed;
(5) The rear portion of lots shall not be subdivided from the front parts; and
(6) The character of the area shall be maintained.
(1979 Code, § S-3-7) (Ord. passed 6- -1987; Ord. 040124-2, passed 4-1-2024)