Upon approval of the preliminary plan by the town council, 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 plan and the requirements of this ordinance. Prior to approval of a final plat, the subdivider shall have installed improvements specified in this ordinance or guaranteed their installation as provided for in [subsection] 10.8.
The final plat shall constitute only that portion of the preliminary plan which the subdivider proposes to record and develop at the time; such portions shall conform to all requirements of this ordinance.
No final plat will be accepted for review by the town council unless accompanied by written notice by the subdivision administrator acknowledging compliance with this ordinance.
The final plat shall be submitted not more than twelve (12) months after the date on which the preliminary plat was approved, unless a written extension of this time limit has been granted by the planning board prior to expiration of the one-year anniversary of the approval.
1. Number of copies. Ten (10) copies of the final plan shall be submitted for town council review.
2. Plat prepared. The final plat shall be prepared by a surveyor or professional engineer licensed and registered to practice in the State of North Carolina. The final plat shall substantially conform to the preliminary plan as it was approved. The final plat shall conform to the provision set forth in G.S. 47-30 of North Carolina.
3. Size of plat and scale. Final plats may have an outside marginal size of not more than twenty-one (21) inches by thirty (30) inches including one and one-half (1½) inch border on each of the sides. Where size of land areas or suitable scale to assure legibility require, maps may be placed on two (2) or more sheets with appropriate match lines. Final plats shall be drawn at a scale of one (1) inch equals two hundred (200) feet or greater.
4. Contents required. The final plat shall depict or contain the following information. A plat not illustrating or containing the following information shall be returned to the subdivider or his authorized agent for completion and resubmission.
a) The name of the subdivision;
b) 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;
c) Scale denoted both graphically and numerically;
d) The plans for utility layouts, including sewers, storm sewers, water distribution lines, natural gas, telephone and electric service, illustrating connections to existing systems or plans for individual water supply systems and/or sewage disposal systems. Plans must show line sizes, the location of fire hydrants, blow-offs, manholes, pumps, force mains, and gate valves;
e) Street Names;
f) The location, purpose, and dimensions or areas to be used for purposes other than residential;
g) Minimum building setback lines; refer to present zoning ordinance;
h) The name of owners of adjoining properties and any adjoining subdivisions of record (or proposed and under review);
i) The location and dimensions of all rights-of-way, utility or other easements, trails, natural buffers, pedestrian or bicycle paths, and areas to be dedicated to public use with the purpose of each stated;
j) Right-of-way lines and pavement widths of all streets and the location and width of all adjacent streets and easements;
k) 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;
l) Sufficient engineering data to determine readily and reproduce on the ground every straight or curved boundary line, street line, lot line, rights-of-way line, easement line and setback line, including dimensions, bearings, or deflection angles, radii, central angles, and tangent distances for the center line 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 (1/10) of a foot and all angles to the nearest minute;
m) The accurate locations and descriptions of all monuments, markers, and control points;
n) The blocks numbered consecutively throughout the entire subdivision and the lots numbers consecutively throughout each block with appropriate street number identification for each lot;
o) The deed restrictions or any other similar covenants proposed for the subdivision, if any (mandatory when private recreation areas are established under the provisions of Article VII of this ordinance);
p) The date of the survey and plat preparation;
q) North arrow and declination;
r) All certifications as required by Section 10.4 of this article;
s) The name(s) of the townships(s), county(s), and state in which the subdivision is located;
t) The name(s), address(es), and telephone number(s) of the owner(s), registered surveyor(s), land planner(s), architect(s), landscape architect(s), and professional engineer(s) responsible for the subdivision and the registration number(s) and seal(s) of the professional engineer(s) and registered surveyor(s);
u) Any other information considered by either the subdivider or the planning board to be pertinent to the review of the final plat.
5. Certification required.
The following signed certificates shall appear on all copies of the final plat which are submitted to the town council by the subdivider:
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 Surf City, 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 sewer, and water lines to the Town of Surf City.
____________ ____________
Owner Date
b. Certification of approval of water supply and sewerage disposal systems.
I hereby certify that the water supply and sewage disposal systems installed in ____________ Subdivision meet necessary public health requirements and are hereby approved.
____________
Pender or Onslow County Health Officer
or his Authorized Representative
__________/___________/____________
Date
Note: Certification b. not required for subdivisions which are connected or will be connected to existing publicly owned and operated water supply and sewage disposal systems.
c. Certificate of private street maintenance agreement.
The Homeowner's Association is responsible for all repairs made to the private street system including repairs needed when work is performed on the public utility system.
____________
Homeowners Association/Developer
____________/____________/____________
Date
d. Certificate of survey and accuracy.
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 ____________ etc) (other); that the error of closure 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 G.S. 47-30, as amended. Witness by hand and seal this ____________ day of ____________, A.D. 20____________.
____________
Register Surveyor or
Professional Engineer
____________/____________/____________
License or
Registration Number
e. Certificate or 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 an acceptable manner and according to Surf City specifications and standards in the ____________ Subdivision or that guarantees of the installation of the required improvements in an amount and manner satisfactory to Surf City has been received and that the filing fee for this plat, in the amount of $____________ has been paid.
____________
Town of Surf City Director of Public Works
f. Certificate of the subdivision administrator.
I hereby certify that the plat has been through the required Subdivision Review process and meets all current town Codes.
____________
Subdivision
Administrator
____________/____________/____________
Date
g. Certificate of Disclosure-North Carolina Coastal Area Management Act (CAMA) if applicable.
I (we) hereby certify that prior to entering any agreement or any conveyance with a prospective buyer, I (we) shall prepare and sign and the buyer of the subject real estate shall receive and sign a statement which fully and accurately discloses that the buyer may have responsibility to obtain a development permit (minor or major) and the agency to which an application must be filed in order to obtain said permit prior to any undertaking or activity subject to the requirements of the North Carolina Coastal Area Management Act.
____________
Owner of Subdivision
____________/____________/____________
Date
h. Certificate of approval for recording.
I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations for Surf City, North Carolina, and that this plat has been approved, by the Surf City Town Council for recording in the Office of the Register of Deed of Pender or Onslow County, whichever is applicable.
____________
Mayor, Surf City
____________/____________/____________
Date
____________
Town Clerk
____________/____________/____________
Date
(Seal)
6. Performance guarantee.
In lieu of prior construction of the improvements required by this ordinance, the town council may, for the purpose of approving a final plat, accept a guarantee from the subdivider that such improvements will be carried out according to the final plat and Surf City's specifications at his expense. No performance guarantee will be considered by the town council on any subdivision that has not installed at least ten (10) percent of the required improvements. Such guarantee may be in the form of a surety bond made by a surety company licensed to do business in North Carolina, a letter of credit or certified check drawn in favor of Surf City, or cash deposited with the Town of Surf City. To secure this agreement, the subdivider shall provide, subject to the approval of the Surf City Town Council an engineers cost estimate equal to one hundred twenty-five (125) percent of the entire cost of the improvements and a schedule indicating time of initiation and completion of the work, as a whole or in stages to the Subdivision Administrator. The engineer's cost estimate shall show the quantities, unit costs and estimated total costs. All expenses associated with the town's review, recommendation, modification, and approval relative to the amount of any performance guarantee and periodic draw downs shall be born directly by the subdivider.
Performance guarantees shall run for a period of one (1) year unless the developer determines that the scope of work for the required improvements necessitates a longer duration in which case written approval from the town council with a completion date shall be required.
Default. Upon default, meaning failure on the part of the subdivider to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account shall if requested by the town council, pay all or any portion of the bond or escrow fund to the town up to the amount needed to compete the improvements based on an engineering estimate. Upon payment, the town council, in its discretion, may expend such portion of said funds, as it deems necessary to complete all or any portion of the required improvements. The town shall return to the subdivider any funds not spent in completing the improvements.
Release of guarantee security.
a. 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 acceptance by the town. When required improvements that are secured by a bond are completed to the specifications of the town, or are accepted, if subject to its acceptance, upon request by the developer, the town shall timely provide written acknowledgment that the required improvements have been completed.
b. In the event that the applicant wishes to occupy any building or any portion of any building prior to the completion of the required site improvements, the financial guarantee guaranteeing improvements shall be retained by the Town of Surf City until the remaining required improvements are completed.
7. Town council review.
If the town council approves the final plat, the subdivider shall obtain signatures for all certifications and present the number of Section 10.11 of this section.
If the final plat is disapproved by the town council, the reasons for such disapproval shall be stated in writing, specifying the provision(s) of this ordinance with which the final plat does not comply. One (1) copy of such reasons shall be retained by the town council as part of its proceedings, one (1) copy shall be transmitted to the planning board; and one (1) copy 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 with this ordinance and resubmit same for reconsideration by the town council as a new application for review along with application fees.
8. Effect of plat approval on dedication.
The approval of a final plat shall not be deemed to constitute or affect the acceptance by Surf City of the dedication of any street or other ground, public utility line, or other public facility shown on the plat. However, Surf City may by resolution of the town council 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. For subdivisions located outside the town limits, see Article IV, Section 3, Effect of Plat Approval on Dedications.
9. Number of copies and graphic media of approved final plat.
After approval of the subdivision by the town council, five (5) copies of the final plat shall be submitted. Three (3) of these shall be drawn on film suitable for reproduction (i.e.: mylar) and two (2) copies shall be black or blue line paper prints. In addition, one (1) digital version of the plat shall be provided to the town. This digital version shall utilize the latest version of the software used by the town.
10. Recording of the final plat.
The developer shall file the approved final plat with the Register of Deeds of Pender County or Onslow County, whichever is applicable, for recording within thirty (30) days after the date of the town council's approval; otherwise, such approval shall be null and void. Within five (5) days of recordation, the developer shall file with the Subdivision Administrator a copy of said final plat certified as a true copy of Pender County or Onslow County, which is applicable, Register of Deeds.
11. Resubdivision procedures.
For any replatting or resubdivision of land, the same procedures, rules and regulations shall apply as prescribed herein for an original subdivision.
(Ord. No. 2020-11, 12-1-20)