(A) Upon approval of the preliminary plat by the Planning Board and the Town Board, the subdivider may proceed with the preparation of the final plat, and the installation or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this chapter.
(B) Prior to approval of a final plat, the subdivider shall have installed improvements specified in this chapter or guarantee their installation as provided.
(C) In lieu of prior construction of the improvements required by this chapter the town may, for the purpose of approving a final plat, accept a guarantee from the subdivider that the improvements will be carried out according to the town's specifications at his or her expense. The guarantee may be in the form of a surety bond made by a surety company licensed to do business in the state, a certified check drawn in favor of the town, or cash deposited with the town. The guarantee shall be in an amount of not less than 100% nor more than 125% of the estimated cost of the construction of the required improvements. This amount shall be determined by the Town Board of Aldermen. Performance guarantees shall run for a period of one year upon written approval from the Board of Aldermen.
(D) The Town Board of Aldermen shall require a bond guaranteeing utility taps, curbs, gutters, street pavement, sidewalks, drainage facilities, water and sewer lines, and other improvements against defects for one year. This bond shall be in the amount determined by the Town Manager or consulting engineer, and shall be in cash or be made by a surety company authorized to do business in the state.
(E) The Town Clerk shall secure from all subdividers a letter in which the subdivider shall agree to maintain the backfill and any improvements located thereon and therein, and any ditch which has been dug in connection with the installation of the improvements. The letter shall be binding on the subdivider for a period of one year after the acceptance of the improvements by the town.
(F) No final plat will be accepted for review by the Planning Board or Town Board of Aldermen unless accompanied by written notice by the Town Manager and/or the Town Planner acknowledging compliance with this chapter.
(G) The final plat will constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at the time, and the portion shall conform to all requirements of this chapter.
(H) No final plat shall be approved unless and until the subdivider shall have installed in that area represented on the final plat all improvements required by this chapter or shall have guaranteed their installation as provided for in divisions (A) through (D) above.
(I) The subdivider shall submit the final plat, so marked, to the Town Planner not less than 14 days prior to the Planning Board Meeting, at which it will be considered for approval. Further, the plat shall be submitted not more than 12 months after the date on which the preliminary plat was approved, otherwise the approval shall be null and void unless a written extension of this time limit is granted by the Town Board on or before the one-year anniversary of the approval.
(J) The final plat shall be prepared by a surveyor or professional engineer licensed and registered to practice in the state. The final plat shall substantially conform to the preliminary plat as it was approved. The final plat shall conform to the provision of G.S. § 47-30. Decisions on approval or denial of the final plat may be made only on the basis of standards explicitly set forth in this chapter, in Chapter 155, or in other land development ordinances adopted by the town. Decisions requiring application of judgement shall also be based on the guiding standards provided in the adopted ordinances and as provided in G.S. § 160A-371.
(K) Five copies of the final plat shall be submitted. Two of these shall be drawn in ink on linen or film suitable for reproduction, and three shall be black or blue line paper prints.
(L) Final plats shall have an outside marginal size of not more than 24 inches by 36 inches nor less than 8½ inches by 11 inches. Final plats shall be drawn at a scale of 1 inch equaling 200 feet, 0 inches or greater.
(M) Submission of the final plat must be accompanied by a filing fee as per the town's schedule of fees.
(N) The following certificates shall be lettered or rubber stamped or otherwise included on the final plat in a manner so as to insure that the certificates will be legible on any prints made therefrom:
(1) 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 Spencer and that I hereby adopt this plan of subdivision with my free consent, established minimum building setback lines, and dedicate all streets, alleys, walks, parks, and other sites and easements to public or private use as noted. Furthermore, I hereby dedicate all sanitary sewer, storm water and water lines to the town.
________________________________ ______________________________________
Date Owner(s)
(2) Certification of the approval of the installation and construction of streets, utilities and other required improvements.
I hereby certify 1) that streets, utilities and other required improvements of this subdivision have been installed in an acceptable manner and according to Town specifications and standards or; 2) that a guarantee of the installation of the required improvements in an amount or manner satisfactory to the Town of Spencer has been received.
________________________________ 1) _________________________________
Date Town Planner
________________________________ 2) _________________________________
Date Town Clerk
(3) Certificate of survey and accuracy.
(As required under G.S. § 47-30 as amended.)
________________________________ _____________________________________
Date Town Clerk
(O) The final plat shall depict or contain the following information. Plats not illustrating or containing the following data shall be returned to the subdivider or his or her authorized agent for completion and resubmission:
(1) The name of the subdivision;
(2) The exact boundary lines of the tract to be subdivided fully dimensioned by lengths and bearings and the location of intersecting boundary lines of adjoining lands;
(3) Scale denoted both graphically and numerically;
(4) Street names;
(5) The location, purpose, and dimensions of areas to be used for purposes other than residential;
(6) Minimum building setback lines;
(7) The location and dimensions of all rights-of-way, utility or other easements, riding trails, natural buffers, pedestrian or bicycle paths, and areas to be dedicated to public use with the purpose of each stated;
(8) Right-of-way lines and pavement widths of all streets, and the location and width of all adjacent streets and easements;
(9) Property lines, buildings or other structures, watercourses, railroads, bridges, culverts, storm drains, both on the land to be subdivided and on the land immediately adjoining, corporate limits, township boundaries and county lines;
(10) Sufficient engineering data to determine readily and reproduce on the ground every straight and curved boundary line, street line, lot line, right-of-way line, easement line and setback line, including dimensions, bearings, or deflection angles, radii, central angles and tangent distances for the centerline of curved streets and curved property lines that are not the boundary of curved streets. All dimensions shall be measured to the nearest one-tenth of a foot and all angles to the nearest minute;
(11) The accurate locations and descriptions of all monuments, markers and control points;
(12) The blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block;
(13) The deed restrictions or any other similar covenants proposed for the subdivision, if any;
(14) The date of the survey and plat preparation;
(15) North arrow and declination;
(16) All certifications required by this chapter;
(17) The name of the township, county, and state in which the subdivision is located;
(18) The names, addresses and telephone numbers of the owners, mortgagees, registered surveyors, land planners, architects, landscape architects, and professional engineers responsible for the subdivision and the registration numbers and seals of the professional engineers and registered surveyors; and
(19) Any other information considered by either the subdivider or the Planning Board to be pertinent to the review of the final plat.
(20) Final plats shall be reviewed according to the following procedure:
(21) The Planning Board shall approve or disapprove the final plat within 30 days of its first consideration.
(a) During its review of the final plat, the Planning Board may appoint an engineer or surveyor to confirm the accuracy of the final plat. If substantial errors are found, in the opinion of the Planning Board, the costs shall be charged to the subdivider and the plat shall not be approved until the errors have been corrected.
(b) If the Planning Board approves the final plat, the approval shall be indicated on each copy of the plat by the following signed certificate:
Certification of Approval by the Planning Board
The Spencer Planning Board hereby approves the FINAL plat for the ______________ Subdivision.
_______________ _____________________________________
Date Chairman, Spencer Planning Board
(c) If the Planning Board disapproves the final plat, the Planning Board shall state in writing its reasons for the 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 a part of its proceedings, and one copy shall be sent to the Town Clerk. If the final plat is disapproved, the subdivider may make any changes as will bring the plat into compliance with the provisions of this chapter and resubmit the same for reconsideration by the Planning Board.
(d) If the Planning Board fails to approve or disapprove the final plat within 30 days after first consideration, as previously defined in § 154.25(E), the failure shall be deemed approval and shall constitute grounds for the subdivider to apply for final approval by the Town Board of Aldermen.
(e) The Board of Aldermen shall review the final plat with the recommendations of the Planning Board and shall approve or disapprove the plat within 45 days after it has been received from the Planning Board.
(f) If the Board of Aldermen approves the final plat, the 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 for Spencer, North Carolina, and that this plat has been approved by the Town Board of Aldermen for recording in the office of the Register of Deeds of Rowan County.
_______________________ ____________________________________
Date Town Clerk, Town of Spencer
(g) If the final plat is disapproved by the Town Board of Aldermen, the reasons for the disapproval shall be stated in writing, specifying the provisions of this chapter with which the final plat does not comply. One copy of the reasons shall be retained by the Town Board of Aldermen as a part of its proceedings, one copy shall be transmitted to the Planning Board, and one copy shall be transmitted to the subdivider. If the final plat is disapproved, the subdivider may make any changes that will bring the final plat into compliance with this chapter and resubmit the same for reconsideration by the Planning Board.
(h) The approval of a final plat shall not be deemed to constitute or effect the acceptance by the town of the dedication of any street or other ground, public utility line, or other public facility shown on the plat. However, the town may, by resolution of the Town Board of Aldermen, accept any dedication made to the public of lands or facilities for streets, parks, public utility lines, or other public purposes, when the lands or facilities are located within its subdivision regulation jurisdiction. Acceptance of dedications of lands or facilities located within the subdivision regulation jurisdiction but outside the corporate limits of the town shall not require the town to open, operate, repair or maintain any street, utility line or other land or facility, and the city shall in no event be responsible in any civil action or proceeding for failure to open, repair or maintain any street located outside its corporate limits.
(i) If the final plat is approved by the Board of Aldermen, the original tracing and one print of the plat shall be returned to 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.
(j) The subdivider shall file the approved final plat with the County Register of Deeds for recording within 60 days after the date of Board of Aldermen approval. Otherwise, the approval shall be null and void.
(k) 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 plan after recording, provided that no lot or tract of land shall be created or sold that is smaller than the size shown on the approved plan; drainage, easements or rights-of-way shall not be changed; street alignment and block sizes shall not be changed; the property line between the back of the lots shall not be changed; the rear portion of lots shall not be subdivided from the front part; and the character of the area shall be maintained.
(`94 Code, App. B, Art. V, § 4-B) (Am. Ord. 06-17, passed 2-13-07)