§ 46-40. Procedure for review of minor subdivisions.

(a)

Preliminary plat review for minor subdivisions.

(1)

Prior to submission of a final plat, the subdivider shall submit to the subdivision administrator three copies of a preliminary plat of the proposed subdivision, containing the information shown below:

a.

A sketch vicinity map including north arrow showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads, and waterways.

b.

The boundaries of the tracts.

c.

The total acreage to be subdivided.

d.

The existing and proposed uses of the land within the subdivision and the existing uses of land adjoining it.

e.

The name, address and telephone number of the property owner.

f.

The name of the proposed subdivision.

g.

Streets and lots of adjacent developed or platted properties.

h.

The zoning classification of the tract and of adjacent properties.

i.

With subdivisions where individual septic tanks are the proposed method for wastewater treatment, the preliminary plat shall be based on the physical characteristics of the site. The applicant shall conduct at least two soil core borings for every one acre of land in the tract to be subdivided and the borings shall be an average of at least four feet in depth. Each boring shall be assigned a separate number and the report shall present the findings of each boring. The subdivider shall show the location of each boring, by number assigned, on the preliminary plat. The report shall contain a written finding stating that each lot contains, separate from an adequate building site meeting all setbacks required by the town, a septic tank drainfield, drainfield repair area, and area for well site, all meeting state regulations. The septic tank drainfield and repair area must be located on the same lot as the principal residence for which it is designed. The report shall contain a map of the subdivision showing the following:

1.

All streets and property lines;

2.

Proposed building area for each lot;

3.

Septic tank and drainfield;

4.

Site and repair area for each lot;

5.

Proposed area for well site for each lot; and

6.

A separate map drawn at the same scale as the final plat showing streets and lot lines, topography with contour intervals of no greater than ten feet (at the discretion of the subdivision administrator contour intervals of five feet may be required), and an accurate mapping of all soil classifications found on the site and general depths thereof.

(2)

The report shall be prepared by a qualified soil scientist and the qualifications and references of the soil scientist shall be documented in the report. Lots to be served by public water shall not be subject to the well site area requirements and lots to be served by public sewer shall not be subject to the septic tank drainfield designation requirements. Approval of the proposed lots by the county health department for septic tanks shall be acceptable in lieu of the soils test requirement.

(3)

The above preliminary plat shall be prepared by a registered land surveyor currently licensed by the state by the state board of registration for professional engineers and land surveyors.

(4)

The preliminary plat shall be submitted to the subdivision administrator along with a fee in accordance with a fee schedule adopted by the town council. No application shall be considered complete or processed by the subdivision administrator unless accompanied by said fee. In addition, the town shall be reimbursed by the subdivider for all costs associated with the town's engineering and/or consulting services with respect to review of the preliminary plat prior to preliminary plat approval. The subdivision administrator shall review the preliminary plat within ten days of its submission for general compliance with the requirements of this chapter and chapter 58, and shall advise the subdivider or his authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submission of the final plat, and shall approve, approve based on certain conditions, or disapprove the preliminary plat.

(5)

One copy of the preliminary plat along with the subdivision administrator's comments, recommendations and/or conditions shall be returned to the subdivider and one copy of the same shall be retained by the subdivision administrator.

(6)

In the event the subdivider disagrees with the written comments and/or recommendations of the subdivision administrator, he may appeal the subdivision administrator's decision to the planning board.

(7)

In the event of an appeal of the subdivision administrator's decision, one copy of the preliminary plat along with the subdivision administrator's comments, recommendations, and his reasons for disapproval shall be forwarded to the planning board. In the event of an appeal of the subdivision administrator's decision, the planning board shall review and approve or disapprove the preliminary plat at its next regular meeting that follows at least 15 days after the subdivision administrator's recommendation regarding the preliminary plat, or at such other meeting as may be called by the planning board to consider same.

(8)

If the preliminary plat is not approved by the planning board, a written statement of the reasons for denial shall be provided to the subdivider, with a copy being returned to the subdivision administrator within seven days of disapproval. Upon making necessary changes, but not later that 180 days from receipt of the disapproved plat by the subdivider, the subdivider may resubmit the preliminary plat to the planning board for approval.

(9)

Preliminary plat approval of a minor subdivision shall constitute a vested right, as defined in G.S. 160A-385.1.

(b)

Final plat for minor subdivisions.

(1)

Upon approval of the preliminary plat by the subdivision administrator or the planning board, in the event of an appeal from the subdivision administrator, the subdivider may proceed with preparation of the final plat in accordance with the requirements of this chapter.

(2)

The subdivider shall submit at least 12 copies of the proposed final plat so marked and one mylar reproducible copy to the subdivision administrator at least 15 days prior to the planning board meeting at which it is to be reviewed. The subdivider shall also submit a fee in accordance with a fee schedule adopted by the town council. No application shall be considered complete or processed by the subdivision administrator unless accompanied by said fee. In addition, the town shall be reimbursed by the subdivider for all costs associated with the town's engineering and/or consulting services with respect to review of the final plat prior to final plat approval.

(3)

In the event that the subdivider fails to submit a proposed final plat within one year of approval of the preliminary plat, the approval of the preliminary plat becomes null and void, and the subdivider must begin the procedure as if no preliminary plat had been initially submitted for consideration by the subdivision administrator, including the payment of another filing fee as required under this article.

(4)

The proposed final plat shall be prepared by a registered land surveyor currently licensed and registered 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 requirements set forth in G.S. 47-30 and the Manual of Practice for Land Surveying in North Carolina.

(5)

The proposed final plat shall be of such size as is suitable for recording with the appropriate county register of deeds, and shall be of a scale of not less than one-inch equals 200 feet. Maps may be placed on more than one sheet with appropriate match lines.

(6)

Prior to approval of the final plat by the planning board, the subdivider shall submit a copy of the plat to the county health department or the Mecklenburg County health department for review and comment. The plat must be returned to the subdivision administrator accompanied by written recommendations from the health department for sewage disposal and water supply prior to planning board approval.

(7)

Each plat of a minor subdivision shall be sent by the subdivider to the district conservationist of the natural resources conservation service for review and comment prior to planning board approval. Where it is indicated that the subdivision is within an area of special flood hazard, a line delineating the extent of the special flood hazard shall be drawn upon the face of the plat.

(8)

The final plat shall meet the specifications established in section 46-46. The following signed certificates shall appear on all copies of the final plat:

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 the Town of Weddington and that I hereby adopt this plan of subdivision with my free consent and establish minimum building setback lines as noted.

___________ Owner

________ Date

 

b.

Certificate of survey and accuracy in accordance with the standards and practice for land surveying in the state. On the face of each map prepared for recordation there shall appear a certificate acknowledged before an officer authorized to make acknowledgments and executed by the person making the survey or map including deeds and any recorded data shown thereon. The certificate shall include a statement of error of closure calculated by latitudes and departures. Any lines on the map which are not actually surveyed must be clearly indicated on the map and a statement included in the certificate revealing the source of the information. The certificate shall take the following general form:

State of North Carolina, ___________ County

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 ratio of precision 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 my original signature, registration number and seal this ___ day of _____, A.D. 20___.

	_____ Registered Land Surveyor
Official Seal
	_____ Registration Number

 

I, (officer authorized to take acknowledgments), do hereby certify that (name of registered surveyor) personally appeared before me this day and acknowledged the due execution of this certificate. Witness my hand and (where an official seal is required by law) official seal this the ___day of _____(year).

	_____ Signature of Officer
Official Seal

 

(c)

Approval of final plat by the planning board and recording. Following approval of the preliminary plat by the subdivision administrator or the planning board on appeal, the subdivider may submit a proposed final plat as set out in subsection (b) of this section, for review and approval by the planning board as follows:

(1)

Twelve copies and one reproducible mylar copy of the proposed final plat shall be submitted to the subdivision administrator, who within ten days of receipt of said plats shall review same, and shall submit same to the planning board along with his comments and recommendations. The subdivision administrator can recommend approval, approval conditional upon certain modifications to bring the plat into compliance, or disapproval of the final plat with reasons for disapproval.

(2)

During his review of the final plat, the subdivision administrator may appoint an engineer or surveyor to confirm the accuracy of the proposed final plat. If an error greater than five percent is found, the costs of such additional engineering or surveying shall be charged to the subdivider, and the final plat shall not be approved until such errors are corrected, and charges paid.

(3)

Following review and recommendation by the subdivision administrator, the planning board shall review the proposed final plat at or before its next regularly scheduled meeting which follows at least 15 days after the subdivision administrator's report, or such other time as the planning board by majority vote decides.

(4)

If the planning board recommends approval of the final plat, it shall transmit three copies of the plat and a written recommendation to the subdivider through the subdivision administrator.

(5)

If the planning board recommends conditional approval of the final plat with modifications to bring the plat into compliance, it shall retain one copy of the final plat for its minutes, and return its written recommendations and a copy of the plat to the subdivider, and shall remit a copy of the plat and its written recommendations to the subdivision administrator, and upon the subdivider complying with the recommendations of the planning board, the plat may be resubmitted for approval by the planning board at its next meeting following ten days from receipt of the evidence of compliance by the subdivider with the planning board's recommendations.

(6)

If the planning board recommends disapproval of the final plat, it shall submit in writing to the subdivider one copy of the plat, and the reasons for such disapproval, specifying the provisions of this chapter with which the final plat does not comply, and 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 consideration by the planning board.

(7)

If the planning board approves the final plat, such approval shall be shown on each copy of the plat by the following signed certificate:

Certificate of Approval for Recording

I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations of the Town of Weddington, North Carolina and that this plat has been approved by the subdivision administrator for recording in the Office of the Register of Deeds of ___________ County.

________ Date

_____ Chairman of the Planning Board Town of Weddington, North Carolina

 

(8)

If the final plat is approved, the reproducible copy shall be recorded with the appropriate county register of deeds' office. The subdivider shall file the approved plat with the appropriate county register of deeds' office within 90 days of approval. Otherwise, such approval shall become null and void.

(Ord. No. 04-09-13, § 305, 9-13-2004; Ord. No. O-2014-12, 11-10-2014)