§ 155.093  PRIVATE ROAD AND PRIVATE ACCESS EASEMENT CONSTRUCTION PLAN SUBMITTAL, REVIEW, CONSTRUCTION, INSPECTION AND MAINTENANCE REQUIREMENTS.
   (A)   Approval required.  A subdivision plat approved with a requirement for a Class 1 or Class 2 private road shall not be signed by the authorized Planning Agent or Planning Board Chairperson or filed with or recorded by the Vance County Register of Deeds until:
      (1)   Construction plans prepared by a professional engineer or other design professional as allowed by North Carolina General Statutes has been submitted for review and approved by the county in accordance with §§ 155.065et seq. and other applicable provisions of this article; and
      (2)   Any plans meeting the standards of this subchapter have been reviewed and approved by Vance County; and
      (3)   Any private road improvements have been constructed and inspected, and approved by Vance County in accordance with this subchapter; or
      (4)   A financial surety to guarantee the completion of required construction is provided in accordance with the provisions of §§ 155.145et seq.
   (B)   Minor subdivision with private access easement.  A minor subdivision plat approved with a requirement for a private access easement shall not be signed by the authorized Planning Agent or Planning Board Chairperson or filed with or recorded by the Vance County Register of Deeds until:
      (1)   Permanent vehicular access improvements meeting the standards of §§ 155.065et seq., and other applicable standards of §§ 155.065et seq., are constructed and are certified as constructed by the applicant/subdivider; or
      (2)   A financial surety is provided in accordance with the provisions of §§ 155.145et seq.
   (C)   Construction plan review; detailed construction plan submittal, review and authorization to proceed requirements.  After the Planning Board has given approval to a subdivision plat, the applicant is authorized to prepare detailed construction plans for roadway and other improvements if appropriate.
      (1)   Information required for construction plan submittal.  The construction plan submittal shall include all required materials specified in this chapter.
      (2)   Review of construction plans.
         (a)   The Planning Department shall review the plans to determine that the construction plans are in accordance with the approved preliminary plat and the requirements of this chapter.  The Planning Department may forward copies of the construction plan submittal to the Technical Review Committee and to other appropriate state and local agencies for review and recommendations.
         (b)   Following this joint review, the authorized Planning Agent shall, in writing, approve the construction plan submittal as proposed, approve the plan with conditions or modifications, or in the case of major deficiencies disapprove the submittal.  If the submittal is disapproved, reasons for disapproval shall be stated in writing, and the subdivider may correct any deficiencies and submit a revised construction plan for approval.
            1.   The authorized Planning Agent shall return 1 copy of the construction plan submittal, the recommendations of state and local agencies, and his or her decision to the subdivider, retaining 1 copy of each of the documents.
            2.   If the construction plan submittal is complete and is in accordance with the approved preliminary plan and the requirements of this chapter, the authorized Planning Agent will authorize the subdivider to proceed with construction.  The intent of this authorization is to enable the execution of the approved plat and construction plans in the field and shall not be construed to entitle the recipient to offer any lot for sale.
            3.   The authorization to proceed, once approved, may be revoked, if there has been alteration of the site or soil conditions, changes to the proposed facility or document falsification causing revocation of the permit.
            4.   Upon the approval of the construction plan submitted, the subdivider may prepare a record plat.  The subdivider may also begin to install the roads, utilities and other improvements in accordance with the approved construction plans and requirements and other state and local laws.  Approval of a construction plan under this subchapter shall be valid for a period of 6 months and will not be invalidated by any changes and amendments to the Vance County ordinances.  Projects may be phased for construction purposes, however, compliance shall be achieved in each phase and other requirements are met.
      (3)   Construction progress prerequisite.
         (a)   No construction or installation of improvements shall commence in a proposed subdivision until the construction plan has been approved, and all plans and specifications have been approved and signed by the appropriate authorities.
         (b)   No building or other permit shall be issued for erection of a structure on any lot not of record at the time of adoption of this chapter or created in compliance with this chapter until all requirements of applicable state and local laws have been met.
      (4)   Completion of improvements.  An improvement is deemed completed when certified to have been installed in accordance with the approved plat and construction plan by the appropriate agency.
      (5)   Platting before completion of improvements; disclosure statement.
         (a)   If all required improvements are not completed before the record plat is presented for recordation, the plat may be accepted, approved and recorded if it includes a statement disclosing the status of any uncompleted improvements.  Failure to complete the required improvements by the scheduled completion date set forth in the construction schedule will result in the suspension of any permits for more than 50% of the lots shown on the recorded plat.  Certificates of occupancy shall not be issued for any lot until all required water supply and sewage disposal improvements serving the lot have been completed and are fully functional.  The construction schedule shall indicate when construction or installation of each uncompleted improvement will be completed.  The schedule shall be subject to the Planning Department approval.
         (b)   The disclosure statement shall include the subdivider's signed and notarized acknowledgment that:
            1.   The subdivider is responsible for the construction or installation of all required improvements in accordance with the approved preliminary plat and construction plan and the schedule contained in this statement; and
            2.   The subdivider will provide the prospective buyer of any lot shown on the final plat with written disclosure of:
               a.   The subdivider's responsibility and schedule for completing required improvements;
               b.   This section's provisions regarding the withholding of building permits and certificates of occupancy pending completion of required improvements; and
               c.   Any inquiries concerning the subdivision's current status concerning the completion of required improvements and the withholding of building permits and certificates of occupancy pending completion of required improvements.
      (6)   Improvements to be maintained.
         (a)   The record plat shall include the subdivider’s signed and notarized acknowledgment that the subdivider is responsible for the maintenance of all required improvements until the responsibility is assumed by a unit of government, public utility, homeowners’ association, lot owner, or other legal entity.
         (b)   The subdivider will provide the prospective buyer of any lot shown on the record plat with written disclosure of:
            1.   The subdivider’s responsibility for maintaining required improvements; and
            2.   This section’s provisions regarding the withholding of building permits.
         (c)   The record plat shall also include a statement referencing any inquiries about the application of this section's provisions.
      (7)   Construction inspection and administrative procedures.  All construction shall be in accordance with the approved plat, approved construction plans and all applicable state and local laws.
         (a)   As the work pursuant to an approved plat and construction plans progresses, the authorized Planning Agent is hereby authorized and directed to make the inspections as are necessary to determine satisfactory compliance with this chapter and to the approved plat.  It shall be the duty of the owner or his or her authorized agent to give free access to the premises at reasonable times for the purpose of inspection or other enforcement action.
         (b)   The Planning Agent may require test, test reports or specific analysis as proof of compliance.  Tests or analyses shall be performed at the expense of the owner or his or her agent, and by an approved testing laboratory or other approved testing laboratory or other approved agency or registered design professional.  Required test or analysis for code compliance is specified in the NC technical codes.
         (c)   Upon completion of construction and the submittal of all required documentation, the developer shall request a final inspection from Planning Department.  Upon determination of full compliance with all appropriate specifications and regulations, the authorized planning agent shall issue a certificate of compliance.  If the development is to be built in phases, a separate certificate of compliance will be issued for each phase of development.
      (8)   Violations.
         (a)   Upon determination of violation of applicable state and local laws, ordinances or other regulations, the Planning Agent shall give written notice to the owner by certified or registered mail to the last known address or by personal service, requiring the owner to remedy the deficiencies within the period as the administrator may prescribe.
         (b)   Whenever a property is in violation of this chapter, the Planning Agent may order the work to be immediately stopped.  The stop-work order shall be in writing and directed to the person doing the work.  The stop-work order shall state the specific work to be stopped the specific reasons for the stoppage, and the conditions under which the work may be resumed.
         (c)   Upon determination of substantial departure from approved plans and/or specifications; or for refusal or failure to comply with the requirements applicable state or local ordinances, codes, laws, regulations; or for making false statements or misrepresentations made in securing the approvals; or any authorization to proceed mistakenly issued in violation this or other applicable codes or regulations, the Planning Department shall revoke the authorization to proceed.
         (d)   If the owner fails refuses to comply with an order to take corrective action, he or she shall be subject to any and all remedies of the law as assigned to the regulatory agency or as is determined by the court.
         (e)   Failure or refusal to comply with an order to take corrective action and within the prescribed time period shall result in the suspension of related permits and/or blocking issue of further permits as is determined by the authorized planning agent.
(Ord. passed 6-7-2004, § 404)  Penalty, see § 10.99