A. Purpose and Intent.
1. The purpose for this final plat procedure is to ensure proposed subdivisions of land have been completed in substantial conformity with a preliminary plat (as applicable) as well as the applicable regulations of this Ordinance prior to the conveyance of lots. These standards are intended to ensure preparation and recordation of a map (plat) of sufficient detail to readily determine and accurately reproduce the location, bearing, radius (as applicable) and length of each of the following elements of a subdivision:
a. Every street or private accessway;
b. Lot lines;
c. Easement boundaries;
d. Lands or resources dedicated or reserved for use by the general public;
e. Land or resources owned in common by land owners of the subdivision;
f. Unbuildable resource or conservation lands;
g. Addresses;
h. Street names;
i. Stormwater management infrastructure; and
j. Sidewalks and greenways.
B. Applicability.
1. A final plat shall be required for any development subject to a preliminary plat (see Section 2.2.17, Residential Preliminary Plan).
2. An applicant with an approved preliminary plat shall not file an application for final plat review until all required improvements serving the subdivision are installed and inspected by the Town, or the developer provides a performance guarantee for those required improvements in accordance with Section 6.6, Performance Guarantees.
C. Final Plat Review Procedure. The final plat procedure is described in Figure 2.2.11, Final Plat Review Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
D. Final Plat Review Standards. A final plat shall be approved if the application complies with the following:
1. The final plat is on a sheet or sheets suitable for recording with the Wake County Register of Deeds;
2. The final plat is prepared and sealed by a licensed professional land surveyor or licensed professional engineer;
3. The final plat complies with the standards in Section 47-30 of the North Carolina General Statutes;
4. The final plat includes all applicable certifications identified in the Procedures Manual;
5. All lots have been certified by Wake County Environmental Resources as capable of accommodating the wastewater generated from the proposed use, in cases when the lot(s) is not served by a centralized wastewater system;
6. The applicant has secured all required state, federal, and other applicable permit approvals;
7. The final plat is in substantial conformance with the preliminary plat;
8. All required improvements depicted on the preliminary plat and final plat are installed, inspected, and accepted by the Town, or are subject to a performance guarantee (see Section 6.6, Performance Guarantees);
9. The final plat complies with all standards and conditions of any applicable permits and development approvals; and
10. The final plat complies with all other applicable requirements in this Ordinance and the Town Code of Ordinances.
11. Final plats of land located within a special flood hazard area shall comply with the standards in Section 3.8.2, Flood Hazard Overlay (FHO) District, and any recorded plats shall include the following statement: "Use of land within a floodplain or flood hazard overlay is substantially restricted by the Town of Zebulon."
E. Recordation.
1. Once a final plat is approved, a signed statement of the approval shall be entered on the face of the plat by the Planning Director. The final plat may not be recorded without this certification.
2. Failure to record the final plat in accordance with Section 2.2.10.H, Expiration, shall render the final plat null and void.
3. A copy of the recorded final plat shall be filed with the Planning Director within five business days of recording or the final plat shall be null and void.
F. Effect.
1. General.
a. Approval of a final plat allows the sale or conveyance of lots within the subdivision.
b. Building permits may be issued following recordation of the final plat.
c. There is no requirement that all land subject to a preliminary plat be included within a single final plat.
2. Acceptance of Public Infrastructure.
a. Approval and recordation of a final plat constitutes dedication by the owner of the public of the right-of-way of each public street, or alley, shown on the plat.
b. Approval of the final plat does not constitute acceptance for maintenance responsibility of any improvements within a right-of-way or easement and the Town assumes no responsibility to open, operate, repair, or maintain any improvements until it is in the public interest to do so.
c. Improvements within right-of-ways or easements, such as streets, drainage facilities, or sidewalks may be accepted for maintenance by the Town, when deemed appropriate, in the Town's sole discretion.
d. The subdivider shall retain responsibility for public improvements until maintenance responsibility is accepted by the Town, NCDOT, or a public utility provider, as appropriate.
G. Amendment. Amendment of a final plat may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
H. Expiration.
1. A final plat shall be null and void unless it is recorded in the office of the Wake County Register of Deeds within 60 days of approval.
2. If a final plat is not recorded within two years of an associated preliminary plat approval then the preliminary plat shall expire.
3. An expired preliminary plat may be resubmitted in accordance with Section 2.2.17, Residential Preliminary Plan, and shall be reviewed in accordance with the standards of this Ordinance.
4. A recorded final plat shall not expire.
I. Appeal. Appeal of a decision on a final plat shall be reviewed and decided by the BOA in the nature of certiorari and in accordance with Section 2.2.3, Appeal.
(Ord. 2020-36, passed 12-2-2019)