(A) Preparation of final plat and installation of improvements. Upon approval of the preliminary plat by the Village Council, the subdivider may proceed with the preparation of the final plat, and arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this chapter. Prior to approval of the final plat, the subdivider shall have guaranteed their installation as provided herein. No final plat will be accepted for review by the Planning Board or the Village Council unless accompanied by written notice from the Village Manager 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.
(1) Legislative hearing. Before entering into a development agreement the Village Council shall conduct a legislative hearing to hear public comments on the proposed agreement. The notice provisions of G.S. § 160D-602 applicable to zoning map amendments shall be followed for this hearing.
(B) Improvements guarantees. The village may enter into an agreement with the subdivider whereby the subdivider shall agree to properly complete all required improvements as specified by the approved preliminary plat for that portion of the subdivision to be shown on the final plat. Once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved by the Village Council if all other requirements of this chapter are met.
(1) Guarantees. The guarantee shall require that the subdivider complete the public improvements including, but not limited to, road, parking areas, and rights-of-way, water and sewer facilities, within a period of time specified by the Village Council. To secure this agreement, the subdivider shall provide, subject to the approval of the Village Council, either a performance bond, letter of credit, certified check, cash escrow, cash payment, or property bond. The guarantee shall be in an amount equal to 125% of the cost of the improvements included in the agreement.
(2) Release of guarantee. The Village Council may release a portion of any guarantee posted as the improvements are completed and recommended for approval by the Subdivision Administrator. The release of a guarantee by the Village Council, in total or in part, based on the percentage of improvements completed, shall be made upon a certification from the Subdivision Administrator that the improvements have been completed properly in accordance with the approved preliminary plat for that portion of the subdivision to be shown on the final plat and the terms of the guarantee agreement. Within 60 days after receiving the Subdivision Administrator’s recommendation, the Village Council shall approve or not approve said improvements. If the Village Council approves said improvements, then it shall immediately release the applicable portion of the guarantee.
(3) Guarantee. Upon default, meaning failure on the part of the subdivider to complete the required improvements as specified and within the time period specified in the guarantee, the institution holding the guarantee shall, if requested by the Village Council, pay all or any portion as may be required of the guarantee to the village for the purpose of completing the specified improvements. Upon payment, the Village Council, at its discretion, may expend such portion of said funds as it deems necessary to have completed all or any portion of the required improvements. The village shall return to the institution any funds not spent in completing the improvements. This chapter is also subject to enforcement under § 10.99.
(C) Submission procedure. The subdivider shall submit the final plat, so marked, to the Subdivision Administrator not less than ten days prior to the Planning Board’s 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 Village Council on or before the 12-month anniversary of the approval.
(D) Contents required.
(1) The final plat shall be prepared by a registered land surveyor currently licensed and registered in the State of North Carolina 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 requirement set forth in G.S. § 47-30 and the Standards of Practice for Land Surveying in the state.
(2) Seven copies of the final plat shall be submitted; one shall be on reproducible material; six shall be black or blue line prints. Material and drawing medium for the original shall be in accordance with the Manual of Practice for Land Surveying in the state, where applicable, and the requirements of the County Register of Deeds.
(3) The final plat shall be 18 inches by 24 inches 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.
(4) The final plat shall meet the specifications and supporting documentation required on the final plat checklist found in § 151.121.
(E) Planning Board review procedure.
(1) The Planning Board shall review the final plat at its next regularly scheduled meeting which follows at least ten days after the Subdivision Administrator receives the final plat. The Planning Board shall recommend approval, conditional approval with modifications to bring the plat into compliance, or disapproval of the final plat within 45 days of its first consideration.
(2) If the Planning Board recommends approval of the final plat, such approval shall be indicated in the minutes of the meeting. All copies of the plat and written recommendations shall be transmitted to the Village Council through the Subdivision Administrator.
(3) 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 one reproducible copy and three prints to the subdivider; and transmit two prints of the plat and written recommendation to the Village Council through the Subdivision Administrator.
(4) If the Planning Board recommends disapproval of the final plat, it shall instruct the subdivider concerning resubmission 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 resubmit same for reconsideration by the Planning Board, or appeal the Planning Board’s decision to the Village Council.
(F) Village Council review.
(1) If the Planning Board recommends approval or conditional approval with modifications to bring the plat into compliance, or the subdivider appeals to the Village Council, the Village Council shall review and approve or disapprove the final plat within 45 days after the plat is first considered by the Village Council.
(2) Subject to the Village Council approval of the final plat, such approval shall be shown on each copy of the plat by the following signed certificate:
Certificate of Approval of Recording
I certify that the final plat shown hereon complies with the Sugar Mountain Subdivision Ordinance and is approved by the Village Council for recording in the Avery County Register of Deeds office.
Date Mayor
Village Council of Sugar Mountain, N.C.
(3) If the final plat is disapproved by the Village Council, 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 the reasons and one copy of the plat shall be retained by the Village Council, one copy of the reasons and three copies of the plat shall be transmitted to the subdivider, and one copy of the plat and reasons shall be transmitted to the Planning Board and the Subdivision Administrator. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance and resubmit same for reconsideration by the Planning Board and Village Council.
(G) Disposition of copies. If the final plat is approved by the Village Council, the original tracing and two prints shall be retained by the subdivider, one print shall be filed with each of the following: Village Clerk, Subdivision Administrator, and the Planning Board. The subdivider shall file the approved final plat and all other documents required for recording by this chapter with the County Register of Deeds for recording within 30 days of the Village Council approval, otherwise, such approval shall be null and void.
(Prior Code, Ch. 12 Art. III § 309) (Res. R-2021.9, passed 6-22-2021)