§ 50-109. Final plat submission and review.

(a)

Preparation of final plat and installation of improvements. Upon approval of the preliminary plat by the planning board, 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 article. Prior to approval of a final plat, the subdivider shall have installed the improvements specified in this article or guaranteed their installation as provided herein. The subdivision administrator will accept no final plat for review until the subdivider has installed the improvements specified in this article 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 article.

(b)

Improvements guarantees.

(1)

Agreement and security required. In lieu of requiring the completion, installation, and dedication of all improvements prior to final plat approval, the town council may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements. Once said agreement is signed by both parties and the security required herein is provided, the subdivision administrator may approve the final plat, if all other requirements of this article are met. To secure this agreement, the subdivider shall provide, subject to the approval of the town council, either one, or a combination of the following guarantees not exceeding 1.25 times the entire cost as provided herein:

a.

Surety performance bond. The subdivider shall obtain a performance bond from a surety bonding company authorized to do business in the state. The bonds shall be payable to the town and shall be in an amount equal to 1.25 times the entire cost, as estimated by the subdivider and approved by the town council, of installing all required improvements. The duration of the bond shall be until such time as the town council accepts the improvements.

b.

Cash or equivalent security. The subdivider shall deposit cash, an irrevocable letter of credit or other instrument readily convertible into cash at face value, 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. The amount of deposit shall be equal to 1.25 times the cost, as estimated by the subdivider and approved by the town council, of installing all required improvements. 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 an agreement between the financial institution and himself guaranteeing the following:

1.

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

2.

That in the case of a failure on the part of the subdivider to complete said improvements the financial institution shall, upon notification by the town council, and submission by the town council to the financial institution of an engineer's estimate of the amount needed to complete the improvements, immediately either pay to the town the funds estimated to complete the improvement, up to the full balance of the escrow account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town.

(2)

Default. Upon default, meaning failure on the part of the subdivider to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account shall, if requested by the town council, pay all or any portion of the bond or escrow fund to the town up to the amount needed to complete the improvements based on an engineering estimate. Upon payment, the town council, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The town shall return to the subdivider any funds not spent in completing the improvements.

(3)

Release of guarantee security. A release or reduction in an improvements guarantee required by this section may be approved by the town manager or his designee. Any extension of an improvements guarantee beyond the original period required by the town council may be approved by the town manager or his designee.

(c)

Submission procedure.

(1)

The subdivider shall submit the final plat, so marked, to the subdivision administrator at which it will be reviewed; further, the final plat for the first stage of the subdivision shall be submitted not more than 18 months after the date on which the preliminary plat was approved; otherwise such approval shall be null and void, unless a written extension of this limit, not to exceed a 54-month period from the initial approval date granted by the planning board.

(2)

The subdivision administrator shall determine if the final plat is substantially equivalent to the preliminary plat previously approved by the planning board. If the final plat is determined to be substantially equivalent, the subdivision administrator shall continue with review and approval; otherwise the subdivider will be required to resubmit the plat to the planning board as a new submission for approval and conform to the current regulations, associated fees and policies of the town.

(3)

The final plat shall be prepared by a registered 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 plats, subdivisions, and mapping requirements set forth in G.S. 47-30 and the Manual of Practice for Land Surveying in North Carolina.

(4)

Five copies of the final plat shall be submitted; two of these shall be on reproducible material; three shall be black or blue line paper prints. Material and drawing medium for the original shall be in accordance with the Manual of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the county register of deeds.

(5)

The final plat shall be of a size suitable for recording with the county register of deeds 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.

(6)

A filing fee shall accompany submission of the final plat. The schedule of fees shall be posted in the office of the town clerk. A filing fee shall be adopted, and from time to time revised, by the town council.

(7)

The final plat shall meet the specifications in section 50-110.

(8)

The following signed certificates shall appear on all five copies of the final plat.

a.

Certificate of ownership and dedication.

I (we) hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of a subdivision with my (our) own free consent, establish minimum setback line, and dedicate all streets, alleys, walks, parks and other sites to public or private use as noted. Further, I (we) certify the land as shown hereon is within the platting jurisdiction of the Town of Leland, North Carolina:

_____ Date

_____ Owners

 

b.

Certificate of survey and accuracy.

"I, ___________, certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed description recorded in Book ___, page ___, etc.) (other); that the boundaries not surveyed are clearly indicated as drawn from information found in Book ___, page ___; that the ratio of precision as calculated is 1: ___; that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, registration number and seal this ___ day of ___, A.D., ___."

Official Seal	_____ Registered Land Surveyor
	_____ Registration Number

 

c.

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

The Town Engineer for the Town of Leland and Subdivision Administrator for the Town of Leland attest that all streets, utilities (excluding water and sewer) and other required improvements have been installed in a manner approved by the appropriate state and/or local authority and according to Town of Leland specifications and standards in the _______ Subdivision or that a guarantee(s) of the installation of the required improvements in an amount and manner satisfactory to the Town of Leland has been received provided.

Further, _______ (the Town of Leland / Brunswick Regional Water and Sewer / Brunswick County Public Utilities) attests that:

□ the water utility system has received final approval by State regulatory agencies and meets the entity's requirements for public use or

□ a guarantee of the installation of the required water utility system in an amount and manner satisfactory to such entity has been provided.

Further, _______ (the Town of Leland / Brunswick Regional Water and Sewer / Brunswick County Public Utilities) attests that:

□ the sewer utility system has received final approval by State regulatory agencies and meets the entity's requirements for public use or

□ a guarantee of the installation of the required sewer utility system in an amount and manner satisfactory to such entity has been provided.

_____ Date	_____ Signature/Title
	_____ Utility Authority
_____ Date	_____ Town Engineer
_____ Date	_____ Subdivision Administrator

 

d.

Certificate of approval for recording.

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

_____ Subdivision Administrator Leland, North Carolina

_____ Date

 

(9)

Within ten working days of submission, the subdivision administrator or his designee shall approve, or disapprove the final plat.

(10)

During the review of the final plat, the subdivision administrator may appoint an engineer or registered surveyor to confirm the accuracy of the final plat or provide comments on technical data. If substantial errors are found, the costs shall be charged to the subdivider and the plat shall not be recommended for approval until such errors have been corrected and fees have been paid.

(11)

If the final plat is approved by the subdivision administrator, the original tracing and one print of the plat shall be retained by the subdivider. One reproducible tracing and one print shall be filed with the developmental services department, and one print shall be retained by the planning board for its records. The subdivider shall file the approved final plat with the register of deeds of the county within 30 days of the subdivision administrator's approval; otherwise such approval shall be null and void.

(12)

Reserved.

(13)

If the final plat is disapproved by the subdivision administrator, the reasons for such disapproval shall be stated in writing, specifying the provisions of this article with which the final plat does not comply. One copy of such reasons and one print of the plat shall be retained by the subdivision administrator as part of its proceedings; one copy of the reasons and three copies of the plat shall be transmitted back to the subdivider. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance and resubmit same for reconsideration by the subdivision administrator or appeal the decision to the planning board following the outlined procedures in section 50-113.

(Code 2003, § 22-119; Ord. No. 04-19, § 1(exh. A), 5-20-2004; Ord. No. 08-18, § 1, 12-18-2008; Ord. No. O18-007 , §§ 4, 5, 4-19-2018; Ord. No. O18-016 , § 1, 6-21-2018)