§ 22-57. Final subdivision requirements.

(a)

Requirements for final plat. The final plat shall be prepared by a professional land surveyor currently licensed and registered in the state by the state board of registration for professional engineers and land surveyors. The final plat shall conform to the provisions for plat, subdivisions, and mapping requirements set forth in G.S. 47-30 and the "Standard of Practice for Land Surveying in North Carolina," where applicable, and the requirement of the county register of deeds.

The final plat shall be submitted to the Subdivision Administrator on either reproducible material suitable for recordation at the Register of Deeds office or as an electronic document in accordance with G.S. 47-30. A final plat application shall be considered complete if it contains all of the information required by sections 22-57 and 22-59 and is accompanied by a nonrefundable filing fee according to the fee schedule approved by the board of commissioners.

The final plat shall be 18" x 24", 21" x 30", or 24" x 36" in size and shall be at a scale of not less that one (1) inch equals one hundred (100) feet, unless each lot in the proposed subdivision is more than three (3) acres. In such case, the scale shall not be less than one (1) inch equals two hundred (200) feet. The plat may be placed on more than one (1) sheet with appropriate match lines.

(b)

Major subdivisions; installation and improvements. Upon approval of the preliminary plat, the subdivider may proceed with the preparation of the final plat, and the installation of or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this chapter. Before approval of a final plat, the subdivider shall have installed the improvements specified in this chapter or guaranteed their installation as provided herein. 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 and shall depict the subdivision, or portion thereof, in substantially the same form and layout as that approved in the preliminary plat. Only that portion of the subdivision proposed for final plat approval and recordation in the county register of deeds office shall be shown on the final plat.

The subdivider shall submit the final plat to the subdivision administrator no later than twenty-four (24) months after the approval of the preliminary plat, unless a greater time period was stipulated originally in said approval. The subdivider may submit a request to the subdivision administrator for a time extension for up to twelve (12) additional months for said approved preliminary plat. Said request must be submitted to the subdivision administrator before the original plat expiration date. No more than one (1) such extension may be granted by the subdivision administrator. Otherwise, approval of said preliminary plat shall expire and become voided.

The subdivider may submit a final plat for only a portion of the subdivision given preliminary plat approval. Any such submission shall be accompanied by a nonrefundable fee according to the fee schedule approved by the board of commissioners. Said submission shall extend the expiration date for the remaining portion(s) or phases of the approved preliminary plat for an additional twenty-four (24) months past the date of said final plat approval.

(c)

Major subdivisions; performance guarantees.

(1)

Agreement and security required. Instead of requiring the completion, installation and dedication of all improvements before final plat approval, the county may enter an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements within twelve (12) months, with the exception of a water point source. The county may accept a performance guarantee for a water point source for the period prior to plat recordation and terminating with issuance of the first certificate of occupancy for a structure. Consideration of an extension(s) beyond the initial 12-month period for all improvements except the water point source, may be granted by the board of commissioners in accordance with subsection (2) below based upon a written request from the subdivider indicating the need for an extension and an anticipated completion date for the improvements.

Once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved by the subdivision administrator or board of commissioners, if all other requirements of this ordinance are met. To secure this agreement, the subdivider shall provide to the county board of commissioners either one (1), or a combination of the guarantees listed below. All such guarantees shall be subject to the approval of the board of commissioners and shall be made payable to the county.

The amount of such guarantee shall be equal to 1.25 times the cost of installing all required improvements. The cost estimate shall be prepared by a the state registered professional engineer and include his/her original seal and signature and accompany the subdivider's request for consideration under this subsection. The cost of preparing the cost estimate shall be borne by the developer.

a.

Surety performance bond(s). The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do business in North Carolina.

b.

Letter of credit issued by any financial licensed to do business in the state.

c.

Other form of guarantee that provides equivalent security to a surety bond or letter of credit. Cash and similar instruments must be deposited in escrow with the county.

(2)

Extensions and default. If the required improvements are not complete and the current performance guarantee is expiring, the performance guarantee shall be extended or a new guarantee issued for an additional period until such required improvements are complete. A developer shall demonstrate good faith progress toward completion of the required improvements that are the subject of the performance guarantee or extension. The form of any extension shall remain at the election of the developer. Should the subdivider fail to complete the required improvements in a timely manner as spelled out in the performance guarantee, then the surety, or the financial institution holding the guarantee, shall, if requested by the board of commissioners, pay all or any portion of the funds to the county up to the amount needed to complete the improvements based on the engineer's estimate. Upon payment, the board of commissioners, in its discretion, may expend such portion of said funds as it considers necessary to complete all or any portion of the required improvements. The county shall return to the appropriate institution any funds not spent in completing the improvements. Should the amount of funds needed to complete the installation of all required improvements exceed the amount in the bond or escrow account, the subdivider shall nonetheless be responsible for providing the funds to cover such cost. The subdivider shall always bear the financial burden for the installation of all required improvements.

(3)

Release of Guarantee Security. The performance guarantee shall be returned or released, as appropriate, in a timely manner upon acknowledgement by the Planning and Development Department that the subject improvements are complete. As an alternative, the County Manager may authorize the release of a portion of the security that coincides with improvements documented as complete. The developer must provide a revised performance guarantee and engineer's estimate of 1.25 times the cost of installing all remaining improvements required.

(d)

Major subdivision; final plat submission and approval. Upon receipt of a final plat application, the subdivision administrator shall schedule a committee meeting within fourteen (14) days. Failure to submit all items required by this subsection shall constitute an incomplete application and no review or approval by the committee shall be issued. Review and approval for all major subdivision final plats shall be as described for preliminary plats in subsection 22-56(b).

Final plat applications shall be submitted to the subdivision administrator and contain:

1.

A final plat meeting standards outlined in section 22-57(a) and the information contained in section 22-61(b) and either one (1) paper or electronic copy;

2.

For private roads, certification from a state registered professional engineer that all applicable aspects of road construction or other improvements have been completed;

3.

For public roads, certification from the division 9 district 1 state department of transportation office that applicable road construction improvements have been completed to their minimum construction standards;

4.

An approved driveway permit from the division 9 district 1 state department of transportation office;

5.

Any other documentation required by the committee as a condition of preliminary plat approval;

6.

Completed review application and fee;

7.

Two (2) copies of the finalized restrictive covenants for maintenance of any proposed open space in compliance with the provisions of subsection 22-58(f) of this article;

8.

As applicable, certification from both the fire marshal and the chief of the fire department having responding jurisdiction that a water point source has been constructed in compliance with section 22-111 of this chapter, including two (2) copies of the finalized restrictive covenants for maintenance of the water point source as contained in the provisions of subsection 22-58(g) of this article and a signed and notarized version of the water usage agreement contract contained in Appendix A. (Appendix A is on file with the county.)

9.

As applicable, certification from the chief of the fire department with responding jurisdiction that the all-weather access road has been constructed in compliance with the standards of subsection 22-80(g).

(e)

Minor and family subdivision final plat submission and approval. The subdivider shall submit the final plat application for the proposed minor or family subdivision containing:

1.

A final plat meeting standards outlined in section 22-57(a) and the information contained in section 22-61(b) and either one (1) paper or electronic copy;

2.

Completed review application and review fee;

3.

Approved driveway permit from the division 9 district 1 state department of transportation office when creation of a new easement for a family subdivision accesses a state or publicly maintained road;

Upon receipt of the final plat application, the subdivision administrator shall have ten (10) days to review the plat and to grant approval, approval with conditions or disapproval. Failure to submit all items required by this subsection shall constitute an incomplete application and no review or approval shall be issued by the subdivision administrator. If more than ten (10) days is required for approval, the subdivision administrator must notify the subdivider in writing advising him of the delay, the nature of the delay and an approximate date as to when a decision can be forwarded. If a decision is not made within thirty (30) days of submittal of the completed application, the subdivider may request referral to the board of commissioners for a decision.

If the subdivision administrator does not approve the final plat, he shall instruct the subdivider concerning resubmission of a revised plat. 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 subdivision administrator, or appeal to the board of commissioners if the subdivider is not satisfied with the decision of the subdivision administrator. The subdivider shall have sixty (60) days to resubmit the final plat to the subdivision administrator without having to pay an additional filing fee.

(f)

Reserved.

(g)

Reserved.

(Ord. of 2-1-99(2); Amend. of 7-16-07(2); Amend. of 6-16-08; Amend. of 11-2-09; Amend. of 10-4-10; Amend. of 03-07-2016(1); Amend. of 9-6-16; Amend. of 1-16-18)