§ 46-45. Final major subdivision plat submission and review.

(a)

Preparation of final plat and installation of improvements. Upon approval of the preliminary plat by the town council, 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. Prior to initiation of the construction of utility and street improvements, plans shall have all necessary approvals from state agencies and appropriate county. Prior to approval of a final plat, the subdivider shall have installed the improvements specified in this chapter or guaranteed their installation as provided herein. No final plat will be accepted for review by the town council unless accompanied by written notice by the subdivision administrator acknowledging compliance with the improvement and guarantee standards of this chapter. If the street improvements are completed prior to preparation of the final plat, subsection 46-49(b) shall be complied with before submission of the final plat to the town council for approval. 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.

(b)

Improvement and guarantee standards.

(1)

Optional agreement. In lieu of requiring the completion, installation and, if applicable, dedication of all improvements prior to final plat approval, the town may enter into an agreement with the subdivider whereby the subdivider shall guarantee completion of all required improvements as specified on the approved preliminary plat for that portion of the subdivision to be shown on the final plat within two years from the date of final plat approval, unless otherwise specified in the written agreement. Once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved by the town council; provided, however, that all other requirements of this article are met. To secure this agreement, the subdivider shall provide either one or a combination of the following guarantees in an amount equal to 1.25 times the costs, as estimated by the subdivider and approved by the town planner or engineer, of installing all required improvements on the approved preliminary plat for that portion of the subdivision to be shown on the final plat. The amount shall be subject to the approval of the town council or the planning board; provided, however, that the planning board shall have no authority to approve bonds in excess of $1,000,000,00.

a.

Surety performance bond. The subdivider shall obtain a performance bond from a surety bonding company satisfactory to the town council or planning board, as applicable. A surety bonding company must at minimum be: (1) registered to do business with the North Carolina Secretary of State; (2) licensed to issue surety bonds in the State of North Carolina by the North Carolina Department of Insurance; (3) rated at least "B+" by a reputable bond rating agency; and (4) possess a minimum of $50,000,000.00 in assets. The town council or planning board may, within its sole discretion, insist upon alternative standards based upon the particular project, the estimated cost of completion of the improvements, and/or other factors indicating higher standards are warranted. The bond(s) must contain the following provisions: (1) the bond(s) shall remain in effect until such time as all improvements are installed and approved by the town council or planning board; (2) the surety bonding company, within 15 days of the town providing notice of default, shall take over and complete all improvements or pay the town in cash the estimated costs of installing the improvements as determined by the town's planner or engineer; and (3) the town shall be able to draw upon the bond(s) in the event that the subdivider defaults upon its agreement with the town in accordance with subsection (2) of this section. Any charges associated with cost calculation or verification shall be borne entirely by the subdivider.

b.

Letter(s) of credit. The subdivider shall obtain an irrevocable letter(s) of credit issued by a commercial bank satisfactory to the town council or planning board. The commercial bank issuing the letter of credit must be: (1) organized under the laws of the United States of America or any state of the United States, or the District of Columbia; (2) authorized to do business in the State of North Carolina; (3) subject to regulation by the State of North Carolina or federal banking regulatory authorities; and (4) possess combined capital stock, surplus and undivided profits aggregating at least $100,000,000.00. The town council or planning board may, within its sole discretion, insist upon alternative standards based upon the particular project, the estimated cost of completion of the improvements, and/or other factors indicating higher standards are warranted. The letter(s) of credit must contain the following provisions: (1) the letter(s) of credit shall be evergreen and shall not be subject to expiration until such time as all improvements are installed and approved by the town council or planning board, and shall require the issuing commercial bank to give at least 60 days' notice of its intent to terminate the letter(s) of credit, upon which the town can draw upon the letter(s) of credit; (2) the town shall be able to draw upon the letter(s) of credit at any time on or before its expiration; (3) the commercial bank shall, upon written notification by the town council or planning board stating that the subdivider is in default, immediately pay to the town the full amount, or any lesser amount if requested by the town council or planning board, of the letter(s) of credit; (4) the town shall be able to draw upon the letter(s) of credit in the event that the subdivider defaults upon its agreement with the town in accordance with subsection (2) of this section; and (5) the letter(s) of credit shall allow for presentment and collection at a location within a 30-mile radius of the town.

c.

Cash or equivalent surety. The subdivider shall deposit cash, or other instrument readily convertible into cash at face value, such as a certificate of deposit or treasury-issued security, either with the town or in escrow with a financial institution designated as an official depository of the town. The use of any instrument other than cash shall be subject to the approval of the town council or planning board.

If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the town council or planning board an agreement between the financial institution and the subdivider guaranteeing the following:

1.

That said escrow account shall be held in trust for the town until released by the town council or planning board and may not be used or pledged by the subdivider in any other matter during the term of the escrow;

2.

That the financial institution shall, upon written notification by the town council or planning board stating that the subdivider is in default, immediately pay to the town all funds in said account, excluding any interest earned; and

3.

That the duration of said escrow account(s) shall be until such time as all improvements are installed and approved by the town council or planning board, or until the subdivider provides the town with an acceptable, alternative guarantee for the completion of installing all remaining required improvements on the approved preliminary plat for that portion of the subdivision to be shown on the final plat. Any charges associated with cost calculation or verification shall be borne entirely by the subdivider.

(2)

Duration of financial guarantees. The duration of a financial guarantee shall be of a reasonable period to allow for completion and acceptance of improvements. In no case shall the duration of the financial guarantee for improvements exceed 24 months, unless otherwise specified in the written agreement as described in subsection 46-45(b)(1). All subdivisions whose public improvements are not completed and accepted at least 30 days prior to the expiration of the financial guarantee shall be considered to be in default, unless said guarantee is extended with the consent of the town council to a future date not to exceed six months, or to a date determined by council.

(3)

Default. Upon default by the subdivider, the town council or planning board, as applicable, may require the surety, the letter of credit issuer or the financial institution holding the escrow account to pay all or a portion of the bond, letter of credit or escrow account to the town. Upon payment, the town shall expend said funds to complete all or any portion of the required improvements as it deems necessary. For purposes of this section, default shall constitute any of the following: (1) failure on the part of the subdivider to complete, within the time period specified in the agreement in subsection (b)(1)c.1. of this section, the required improvements as specified on the approved preliminary plat for that portion of the subdivision to be shown on the final plat; (2) failure on the part of the subdivider to install any improvement in accordance with the specifications or the regulations in the town's ordinances; or (3) transfer of ownership of any portion of the property or lots located within the subdivision to another person or entity under no legal obligation to install the required improvements (e.g., foreclosure). If one of the above events occurs, nothing herein shall prevent the town from declaring default prior to the expiration of the time period specified in subsection (b)(1)c.1. of this section.

(4)

Release of guarantee surety. In its sole discretion, the town council or planning board may release a portion of any security posted as the improvements are completed and recommended for approval by the town planner, so long as the town maintains the posted security in an amount equal to at least 1.25 times the estimated costs of installation of the remaining improvements. However, notwithstanding the above, nothing shall require the town council or planning board to release any portion of security posted until such time as all improvements are installed and approved by the town council or planning board. Within 30 days after receiving the town planner's recommendation, the town council or planning board shall approve or not approve said improvements. Once all required improvements on the preliminary plat for that portion of the subdivision to be shown on the final plat have been installed and approved, then all security posted for said improvements shall be released by the town council or planning board.

(c)

Final plat submission procedure.

(1)

Within two years following the approval of the preliminary plat, the subdivider shall submit a final plat as set forth in this subsection.

(2)

At least ten copies of the final plat (additional copies may be required by the subdivision administrator to send to various agencies) shall be submitted to the subdivision administrator at least 15 days prior to the meeting at which the planning board reviews the final plat. A fee, in accordance with a fee schedule adopted by the town council, shall accompany such submission. No application shall be 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. One copy of the final plat shall be on reproducible material. Materials and drawing medium for the original shall be in accordance with the standards of practice for land surveying in the state, where applicable, and the requirements of the appropriate county register of deeds.

(3)

The final plat shall be prepared by a registered land surveyor currently licensed in the state by the state board of registration for professional engineers and land surveyors, and shall be at a scale of not less than one inch equals 200 feet. Maps may be placed on more than one sheet with appropriate match lines.

(4)

The final plat may be submitted in sections. In this case, at least one final plat section shall be submitted per year, on or before the anniversary date of preliminary plat approval. In no case shall preliminary plat approval for any section extend beyond five years from the date of approval.

(5)

Each phase's final plat must contain a comment stating common open space/conservation land requirements set forward by this chapter and chapter 58 have been met.

(6)

The final plat shall conform substantially to the preliminary plat as approved, and if desired by the owner or subdivider, it may refer to that portion of the approved preliminary plat which he proposes to record as a final plat and begin selling within the following year.

(7)

Failure to submit a final plat within two years after preliminary plat approval shall render the preliminary plat null and void.

(8)

The final plat shall meet all applicable specifications in section 46-46 and the following signed certificates shall appear on each copy of the 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, establish minimum building setback lines, and dedicate all streets, alleys, walks, parks, and other sites and easements to public or private use 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 take 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 were not actually surveyed must be clearly indicated of 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 hand 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.

Certificate of approval of the design and installation of streets, utilities, and other required improvements.

I hereby certify that all streets and other required improvements have been installed in an acceptable manner and according to N.C. Department of Transportation and/or Town of Weddington specifications and standards in the ___________ Subdivision or that guarantees of the installation of the required improvements in an amount and manner satisfactory to the Town of Weddington have been given and received.

_____ Mayor of the Town of Weddington, North Carolina

________ Date

 

(d)

Review and approval of final plat.

(1)

The proposed final plat shall be submitted to the subdivision administrator for review and comment not less than 15 days prior to the meeting of the planning board at which the final plat is to be reviewed by said board. A disk or tape copy of the final plat to be submitted in a format compatible to the town's GIS system. If this cannot be supplied, expenses will be charged to the developer for the service to be completed by the town plus 15 percent. During his review of the final plat, the subdivision administrator may appoint a registered land surveyor to confirm the accuracy of the final plat. If any error is found which exceeds five percent of the figures shown on the proposed final plat, the costs of the review shall be charged to the subdivider. The subdivision administrator shall note his comments regarding the proposed final plat and the costs of the review, which shall be paid by the subdivider before the final plat approval of the town council.

(2)

The planning board shall recommend approval, conditional approval with modifications to bring the plat into compliance, or disapproval of the final plat with reasons within 31 days of its first consideration of the proposed final plat.

(3)

If the planning board recommends approval of the final plat, it shall transmit all copies of the plat and its written recommendations to the town council, through the subdivision administrator.

(4)

If the planning board recommends conditional approval of the proposed final plat with modifications to bring the plat into compliance, it shall retain one print of the plat for its minutes, and return its recommendations and one copy of the plat to the subdivider, and transmit one copy of the plat and its written recommendations to the town council through the subdivision administrator. The town council may consider the proposed final plat on its own motion or at the request of the subdivider, at which time the council may consider the proposed final plat, and the modifications recommended by the planning board.

(5)

If the planning board recommends disapproval of the final plat, it shall instruct the subdivider concerning the 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 reconsideration by the planning board, or may appeal the decision to the town council.

(6)

In the event the planning board fails to make a written recommendation to the town council within the time specified in this section, the subdivider may apply to the town council for approval of the proposed final plat.

(7)

If the planning board recommends approval or conditional approval with modifications to bring the proposed final plat into compliance, or the subdivider appeals to the town council, the town council shall review and approve or disapprove the proposed final plat within 31 days after the proposed final plat is considered by the town council at a town council meeting.

(8)

If the town council approves the final plat, such approval shall be shown on each copy of the plat by the signed certificate specified in subsection (d)(13) of this section.

(9)

The developer/owner shall submit to the subdivision administrator mylars of the final plat approved by the town council within five days of council approval. The subdivision administrator will have 14 days thereafter to review the mylars to be signed by the mayor and recorded at the county register of deeds.

(10)

The mayor shall not execute any mylars without first obtaining written certification from the subdivision administrator that the mylars are identical to those approved by the town council.

(11)

In the event the mylars submitted are not identical to the final plat approved by the town council, the subdivision administrator shall report same to the mayor, who shall place the matter on the agenda for the next town council meeting for town council review.

(12)

Upon receipt of the report of the subdivision administrator, the town council may, in its absolute discretion:

a.

Request review of the mylars by the town planning board and resubmittal to the council for review and approval; or

b.

Review the mylars and determine they are in substantial conformity with the final plat previously approved by the council and that the lots depicted on the mylars are in full compliance with chapter 58. In the event the council elects to proceed in accordance with this subsection (d)(12)b., the mylars, as reviewed by the subdivision administrator, shall constitute the final plat of the proposed subdivision.

(13)

The certification of approval for recording shall take the following general form:

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 Weddington town council for recording in the Office of the Register of Deeds of ___________ County, North Carolina. This ___ day of _____, ___.

_____ Mayor of the Town of Weddington, North Carolina

 

(14)

In the event the proposed final plat is disapproved by the town council, the reasons for such denial shall be stated in writing, specifying the provisions of this chapter with which the final plat does not comply. One copy of such reasons and one print of the plat shall be retained by the town clerk, as part of the town council proceedings, and one copy of the plat and a copy of the reasons shall be submitted to the subdivider.

(15)

If the proposed final plat is disapproved, the subdivider may make such changes as will bring the proposed final plat into compliance, and resubmit same for reconsideration by the town council, provided such resubmission is made within 180 days from the date of disapproval. Otherwise, the subdivider must begin the subdivision plat approval process as though no plat had been previously submitted for consideration by the town.

(16)

The subdivider shall file the approved final plat within 90 days of approval; otherwise such approval shall be null and void, and the subdivider must begin the procedure for approval from the sketch plan stage, with payment of the required fee.

(e)

Final plat for conservation subdivisions. Final plats shall conform to the approved preliminary plat, including any conditions placed on the preliminary plat by the town council. In addition to all other information required for final plats outlined in subsections (a)—(f) of this section and section 46-46, the final plat for a conservation subdivision shall be accompanied by the following information, and where the requirements of subsections (a)—(f) of this section and section 46-46 and this chapter conflict, the requirements of this section shall control for conservation subdivisions:

(1)

An existing resources and site analysis plan shall be submitted if it differs with that which was submitted for sketch plan approval.

(2)

The maintenance plan and maintenance agreement that shows how all conservation lands will be owned and managed in accordance with subsection 58-58(4)i.

(3)

All conservation lands developed per section 46-44 shall be recorded at the county register of deeds in their entirety concurrent with the initial recordation of the final plat.

(4)

Prior to the issuance of any zoning permits for lots located within the subdivision, the conservation easement shall be recorded and deeded to either the homeowners' association, conservation organization, and/or other easement holders as specified in the maintenance plans and maintenance agreement, as described in subsection 58-58(4)i. Proof of such recording shall be required prior to the issuance of any zoning permits.

(f)

Addresses and cluster mailboxes.

(1)

Final plats must include the location of cluster mailbox units (CBU) to serve all the lots included on the plat. The plat must also include a note stating that all CBU locations will be approved by the USPS. If the roadways on the plat are labeled as public rights-of-way, then the plat must also include a note stating that all CBU locations must be approved by NCDOT.

(2)

The applicant may request an address for the property following final plat approval. All addresses will be assigned by the Union County Tax Administrator's office.

(3)

Every lot shall display the distinctive house number assigned to that lot by Union County and recognized by Union County Emergency Services. The individual house number shall be no less than four inches in height and shall be in a contrasting color to the background. The house number shall be displayed in one of the following fashions:

a.

If the number is displayed on a house, the number shall be placed upon the front of the house in such a position as to remain plainly visible to all traffic coming to the premises from either direction, or

b.

If a house is more than 100 feet from the roadway or is not clearly visible from the roadway, the number shall be displayed within 50 feet of the roadway, and on a surface that is plainly visible to all traffic coming to the premises from either direction.

(Ord. No. 04-09-13, §§ 309, 309A, 9-13-2004; Ord. No. O-2005-05, § 1, 8-8-2005; Ord. No. O-2005-11, 12-12-2005; Ord. No. O-2006-02, 2-13-2006; Ord. No. O-2010-11, 7-12-2010; Ord. No. O-2014-15, 12-8-2014; Ord. No. O-2015-13, 11-9-2015; Ord. No. O-2016-10, 11-14-2016; O-2017-04, 2-13-2017)