__________
*Editor's note: As currently set out, App. B,
containing the subdivision regulations of the city, is derived from an
ordinance adopted July 13, 1998, as amended through June 30, 2004. Formerly
App. B was derived from Ord. of Sept. 9, 1974. Absence of a history note
following a particular section or subsection in App. B indicates that such
section or subsection derives unchanged from Ord. of June 30, 2004; conversely
a history note enclosed in parentheses following a section or subsection
indicates amendment by the legislation shown in such history note.
Cross references: Planning board, § 2-146 et seq.;
buildings and construction, Ch. 5; housing, Ch. 11; streets and sidewalks, Ch.
16; utilities, Ch. 18; zoning, App. A.
__________
Article
I. Introductory Provisions
1.1. Title.
1.2. Purpose.
1.3. Authority.
1.4. Jurisdiction.
1.5. Prerequisite to plat recordation.
1.6. No maintenance, permits, or services until
final plat approval.
1.7. Thoroughfare plans.
1.8. School sites on land use plan.
1.9. Zoning and other plans.
Article
II. Legal Provisions
2.1. General procedure for plat approval.
2.2. Statement by owner.
2.3. Effect of plat approval on dedications.
2.4. Penalties for violation.
2.5. Separability.
2.6. Variances.
2.7. Amendments.
2.8. Abrogation.
2.9. Repeal of existing subdivision regulations.
2.10. Effective date.
2.11. Adoption.
2.12. Administrator.
2.13. Gift lots.
2.14. Vested rights.
Article
III. Review and Approval of Plats
3.1. Plat shall be required on any subdivision of
land.
3.2. Approval prerequisite to plat recordation.
3.3. Procedures for review of major and minor
subdivisions.
3.4. Procedure for review of minor subdivisions.
3.5. Sketch plan for major subdivisions.
3.6. Preliminary plat submission and review.
3.7. Final plat submission and review.
3.8. Contents of preliminary and final plats.
3.9. Recombination of land.
3.10. Resubdivision procedure.
Article
IV. Required Improvements, Dedication,
Reservation, and Minimum Standards of Design
4.1. General.
4.2. Suitability of land.
4.3. Name duplication.
4.4. Subdivision design.
4.5. Streets.
4.6. Buffer strips.
4.7. Utilities.
4.8. Storm water drainage.
4.9. Other requirements.
Article
V. Definitions
5.1. Subdivision defined.
5.2. Other definitions.
5.3. Word interpretations.
This ordinance shall be known and may be cited as the Subdivision
Regulations of Raeford, North Carolina.
The purpose of this ordinance is to establish procedures and
standards for the development and subdivision of land within the territorial
jurisdiction of the City of Raeford. It is further designed to provide for the
orderly growth and development of the city; for the coordination of streets and
highways and with other public facilities; for the dedication or reservation of
recreation areas serving residents of the immediate neighborhood within the
subdivision and of rights-of-way or easements for street and utility purposes;
and for the distribution of population and traffic in a manner that will avoid
congestion and overcrowding and will create conditions essential to public
health, safety, and the general welfare. This ordinance is designed to further
facilitate adequate provision of water, sewerage, parks, schools, and
playgrounds, and also to facilitate the further re-subdivision of larger tracts
into smaller parcels of land.
This ordinance is hereby adopted under the authority and provision
of the General Statutes of North Carolina, Chapter 160A-371 through 376.
The regulations contained herein shall govern each and every
subdivision of land within the corporate limits of Raeford, North Carolina as
now or hereafter established, and the surrounding extraterritorial jurisdiction
up to a distance of one mile from the corporate limits.
After the effective date of this ordinance, each individual
subdivision plat of land within the city's jurisdiction shall be approved by
the Raeford Planning Board.
No street shall be maintained by the city nor street dedication
accepted for ownership and maintenance in any subdivision for which a plat is
required to be approved unless and until such final plat has been approved by
the Raeford Planning Board. Also, no permit shall be issued and no street
lighting, water, or sewer shall be extended to or connected with any
subdivision upon any land within the City of Raeford or its exterritorial
jurisdiction unless and until the requirements set forth in this ordinance have
been met and the final plat approved.
When a proposed subdivision includes any part of a thoroughfare,
which has been designated as such upon the officially adopted thoroughfare plan
of the city, that part of such thoroughfare shall be platted by the subdivider
in the location shown on the plan and at the width specified in this ordinance.
If the Raeford City Council and Hoke County Board of Education
have jointly determined the specific location and size of any school sites to
by reserved and this information appears in the land use plan, the planning
board shall immediately notify the board of education whenever a sketch plan
for a subdivision is submitted which includes all or part of a school site to
be reserved. The board of education shall promptly decide whether it still
wishes the site to be reserved. If the board of education does not wish to
reserve the site, it shall so notify the Raeford Planning Board. If the board of
education does wish to reserve the site, the subdivision shall not be approved
without such reservation. If the board of education has not purchased or begun
proceedings to condemn the site within eighteen (18) months, the subdivider may
treat the land as freed of the reservation.
Similarly, proposed subdivisions must comply in all respects with
the requirements of the zoning ordinance in effect in the area to be
subdivided, and any other officially adopted plans and regulations.
After the effective date of this ordinance, no subdivision plat of
land within the city's jurisdiction shall be filed or recorded until it has
been submitted to and approved by the Raeford Planning Board as set forth in
section 1.5 of this ordinance and until this approval is entered in writing on
the face of the plat by the Zoning Officer and attested by the city clerk.
The Hoke County Register of Deeds shall not file or record a plat
of a subdivision of land located within the jurisdiction of the City of Raeford
that has not been approved in accordance with these provisions, nor shall the
Clerk of Superior Court order or direct the recording of a plat if the
recording would be in conflict with this Section.
The owner of land shown on a subdivision plat submitted for
recording, or his authorized agent, shall sign a statement on the plat stating
whether or not any land shown thereon is within the subdivision regulation
jurisdiction of Raeford, North Carolina.
Pursuant to G.S. 160A-374, the approval of a plat shall not be
deemed to constitute or effect the acceptance by the city or public of the
dedication of any street or other ground, public utility line, or other public
facility shown on the plat. However, the city council may by resolution accept
any dedication made to the public of lands or facilities for streets, parks,
public utility lines, or other public purposes, when the lands or facilities
are located within its subdivision regulation jurisdiction. Acceptance of
dedication of lands or facilities located within the jurisdiction of this
ordinance, but outside the Raeford corporate limits shall not place on the city
any duty to open, operate, repair, or maintain any street, utility line, or
other land or facility, and the city shall in no event be held to answer in any
civil action or proceeding for failure to open, repair, or maintain any street
located outside its corporate limits.
A. Violations.
After the effective date of this ordinance, any person who, being the owner or
agent of the owner of any land located within the territorial jurisdiction of
this ordinance, thereafter subdivides his land in violation of this ordinance
or transfers or sells land by reference to, exhibition of, or any other use of
a plat showing a subdivision of the land before the plat has been properly
approved under the terms of this ordinance and recorded in the office of the
Hoke County Register of Deeds, shall be guilty of a violation and guilty of a
misdemeanor. The description by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring land shall not
exempt the transaction from this penalty.
B. Criminal
penalties. The violation of any provision of this ordinance shall subject
the offender to criminal prosecution and, upon conviction, to fine and/or
imprisonment set to the maximum allowed in G.S. 14.4.
C. Civil penalties.
The City of Raeford, through its attorney or other official designated by the
city council, may enjoin illegal subdivision, transfer, or sale of land by
action for injunction or ensure compliance through an order of abatement.
Further, violators of this ordinance shall be subject to a civil penalty in the
amount of on hundred dollars ($100.00) per day of violation to be recovered by
the city. Violators shall be issued a written citation, which must be paid
within ten (10) days. If the violator fails or refuses to comply with an
injunction or order of abatement within the time allowed by the court, he may
be cited for contempt, and the city may execute the order of abatement. The
city shall have alien on the property for the cost of executing an order of
abatement.
D. Continuing
violation. Each day's continuing violation of this ordinance after
notification of violation shall be a separate and distinct offense and subject
to additional fine or civil penalty.
E. Equitable
remedies. Notwithstanding subsection C above, this ordinance may be
enforced by appropriate equitable remedies issuing from a court of competent
jurisdiction.
F. Combination of
remedies. Nothing in this section shall be construed to limit the use of
remedies available the city. Raeford may seek to enforce this ordinance by
using any one, all, or a combination of remedies.
Should any section or provision of this ordinance be decided by a
court of competent jurisdiction to be unconstitutional or invalid, such
decision shall not affect the validity of the ordinance as a whole or any part
thereof other than the part so declared to be unconstitutional or invalid.
The Raeford Planning Board may authorize a variance from these
regulations when, in its opinion, undue hardship may result from strict
compliance and only to the extent that is absolutely necessary and not to an
extent which would violate the intent of this ordinance. In granting any
variance, the planning board shall make the findings required below, taking
into account the nature of the proposed subdivision, the existing use of land
in the vicinity, the number of persons to reside or work in the proposed
subdivision, and the probable effect of the proposed subdivision upon traffic
conditions in the vicinity. No variance shall be granted unless the planning
board finds all four (4) of the following conditions to exist:
1. That there are
special circumstances or conditions affecting said property such that the
strict application of the provisions of this ordinance would deprive the
applicant of the reasonable use of his land.
2. That the variance
is necessary for the preservation and enjoyment of a substantial property right
of the petitioner.
3. That the
circumstances giving rise to the need for the variance are peculiar to the
parcel and are not generally characteristic of other parcels in the
jurisdiction of this ordinance.
4. That the granting
of the variance will not be detrimental to the public health, safety, and
welfare, or injurious to other property in the territory in which said property
is situated.
The Raeford City Council may from time-to-time amend the terms of
this ordinance, but no amendment shall become effective unless it shall have
been proposed by or shall have been submitted to the planning board for review
and recommendation. If the planning board fails to submit a report within
thirty (30) days from the time the proposed is submitted to it, it shall be
deemed to have recommended approval of the amendment.
No amendment shall be adopted by the city council until they have
held a public hearing on the amendment. Notice of the hearing shall be
published in a newspaper of general circulation in the Raeford area at least
once a week for two (2) successive calendar weeks prior to the hearing. The
initial notice shall appear not more than twenty-five (25) nor less than ten
(10) days prior to the hearing date. In computing the ten (10) to twenty-five
(25) day period, the date of publication is not to be counted, but the date of
the hearing is counted.
It is not intended that this ordinance repeal, abrogate, annul,
impair, or interfere with any existing easements, covenants, deed restrictions
agreements, rules, regulations, or permits previously adopted or issued
pursuant to law. However, where this ordinance imposes greater restrictions,
the provisions of this ordinance shall govern.
This ordinance in part carries forward by re-enactment some of the
provisions of the Raeford Subdivision Regulations of 1974 and it is not the
intention to repeal but rather to re-enact and continue in force such existing
provisions so that all rights and liabilities that have accrued thereunder are
preserved and may be enforced. All provisions of the subdivision regulations of
1974, which are not re-enacted herein, are hereby repealed. All suits at law or
in equity and/or all prosecutions resulting from the violation of any subdivision
regulations heretofore in effect, which are now pending in any of the courts of
this state or of the United States, shall not be abated or abandoned by reason
of the adoption of this ordinance, but shall be prosecuted to their finality
the same as if this ordinance had not been adopted. Any and all violations of
the existing subdivision regulations of 1974, prosecutions for which have not
yet been instituted, may be hereafter filed and prosecuted. Nothing in this
ordinance shall be so construed as to abandon, abate, or dismiss any litigation
or prosecution now pending and/or which may heretofore have been instituted or
prosecuted.
This ordinance shall take effect and be in force from and after
July 13, 1998.
Duly adopted by the City Council of Raeford, North Carolina this
the thirteenth day of July, 1998.
John K. McNeil
______________________________
Mayor, City of Raeford
Betty Smith
______________________________
City Clerk
This ordinance shall be administered and enforced by the zoning
officer or other representative designated by the city manager.
For the purpose of interpreting these regulations, when a parent
makes a one time gift per child of a parcel of land divided from the parent's
property, the transaction shall not be deemed to be for the purpose of sale or
building development. The resulting transaction shall therefore not be subject
to any regulations enacted pursuant to this ordinance. For proper recordation
of the gift lot, the subdivision administrator will note on the lot survey that
it is a gift lot, and not subject to the provisions of the subdivisions
regulations, although all zoning and other requirements still apply.
A landowner submitting a preliminary or final plat for approval
may declare he is seeking to acquire a vested right pursuant to G.S. 160A-385.1
and the Raeford Zoning Ordinance by completing the appropriate form and
following the procedure described in the zoning ordinance.
Pursuant to G.S. 160A-372, a final plat shall be prepared,
approved, and recorded pursuant to the provisions of this ordinance whenever
any subdivision of land takes place.
Pursuant to G.S. 160A-373, no final plat of a subdivision within
the jurisdiction of the City of Raeford as established in section 1.4 of this
ordinance shall be recorded by the Hoke County Register of Deeds until it has
been approved by the planning board as provided herein and the county review
officer, as required by law (G.S. 47-30.2). To secure such approval of a final
plat, the subdivider shall follow the procedures established in this article.
All subdivisions shall be considered major subdivisions except
those defined as minor subdivisions in this section. Major subdivisions shall
be reviewed in accordance with the procedures in section 3.5 through 3.8. Minor
subdivisions shall be reviewed in accordance with the provisions in section
3.4. However, if the subdivider owns, leases, holds an option on, or holds any
legal or equitable interest in any property adjacent to or located directly
across a street, easement, road, or right-of-way from the property to be
subdivided, the subdivision shall not qualify under the abbreviated procedure.
The abbreviated procedure may not be used a second time within three (3) years
on any property less than one thousand five hundred (1,500) feet from the
original property boundaries by any subsequent owner, individual having an
option on, or individual having any legal interest in the original subdivision
at the time the subdivision received preliminary or final plat approval.
A minor subdivision is defined as one involving no new public or
private streets or roads, or right-of-way dedication, no easements, no utility
extension, where the entire tract to be subdivided is five (5) acres or less in
size, and where four (4) or fewer lots result after the subdivision is
completed.
A. Sketch plan for
minor subdivisions. Prior to submission of a final plat, the subdivider
shall submit to the subdivision administrator two (2) copies of a sketch plan
of the proposed subdivision containing the following information:
1. A sketch vicinity
map showing the location of the subdivision in relation to neighboring tracts,
subdivision, roads, and waterways;
2. The boundaries of
the tract and the portion of the tract to be subdivided;
3. The total acreage
to be subdivided;
4. The existing and
proposed use of the land within the subdivision and the existing uses of land
adjoining it;
5. The existing
street layout and right-of-way width, lot layout, and size of lots;
6. The name, address,
and telephone number of the owner;
7. The name, if any,
of the proposed subdivision;
8. Streets and lots
of adjacent developed or plated properties;
9. The zoning
classification of the tract and of adjacent properties;
10. A statement from
the Hoke County Health Department that a copy of the sketch plan has been
submitted to them, if a septic tank system or other on site water or wastewater
system is to be used in the subdivision.
The subdivision administrator shall review the sketch plan for
general compliance with the requirements of this ordinance and the zoning
ordinance. The subdivision administrator 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.
One (1) copy of the sketch plan shall be retained by the
subdivision administrator, and one (1) copy shall be returned to the subdivider
or his authorized agent.
B. Final plat for
minor subdivisions. Upon approval of the sketch plan by the subdivision
administrator the subdivider may proceed with the preparation of the final plat
in accordance with the requirements of this ordinance.
The subdivider shall submit the final plat so marked, to the
subdivision administrator not less than fifteen (15) days prior to the planning
board meeting at which it will be reviewed. Further, the final plat shall be
submitted not more than twelve (12) months after the date on which the sketch
plan was approved; otherwise such approval shall be null and void, unless a
written extension of this limit is granted by the subdivision administrator on
or before the twelve (12) month anniversary of the approval.
The final plat shall be prepared by a Registered Land Surveyor
currently licensed and registered in the State of North Carolina by the North
Carolina State Board of Registration for Professional Engineers and Land
Surveyors. The final plat shall conform to the provisions for plats,
subdivision, and mapping requirements set forth in G.S. 47-30 and the Manual of
Practice for Land Surveying in North Carolina.
Five (5) copies of the final plat shall be submitted. Two (2) of
these shall be on reproducible material and three (3) 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 Hoke County Register of Deeds.
The final plat shall be of a size suitable for recording with the
Hoke County Register of Deeds and shall be at a scale of not less than one (1)
inch equals two hundred (200) feet. Maps may be placed on more than one sheet
with appropriate match lines.
Submission of the final plat for a minor subdivision shall be
accompanied by a filing fee. The fee schedule shall be set by the city council
and posted in the City Hall or office of the subdivision administrator.
The final plat shall meet the specifications in section 3.8 of
this ordinance.
The following signed certificates shall appear on all five (5)
copies of the final plat.
1. 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 City
of Raeford and that I hereby adopt this plan of subdivision with my free
consent and establish minimum building setback lines as noted.
TABLE INSET:
|
_________ |
________________ |
|
Date |
|
2. Certificate of
survey and accuracy. In accordance with the Manual of Practice for Land
Surveying in North Carolina:
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 on the
map and a statement included in the certificate revealing the source of
information.
The certificate shall take the following general form:
TABLE INSET:
|
State of North CarolinaCountyof Raeford |
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 I:
_________; 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. 19________.
______________________________
Land Surveyor
Official Seal or Stamp
______________________________
Registration Number
The certificate of the Notary shall read as follows:
North Carolina, Hoke County
I, a Notary Public of the County and State aforesaid, certify that
________________; a registered land surveyor, personally appeared before me
this day and acknowledged the execution of the foregoing instrument. Witness my
hand and official stamp or seal, this ________ day of ________, (year).
______________________________
Notary Public
Seal or Stamp
My commission expires _________.
Following the review by the subdivision administrator, the final
plat shall be reviewed by the planning board at or before its next regularly
scheduled meeting which follows at least fifteen (15) days after the
subdivision administrator receives the final plat and shall approve,
conditionally approve with modifications to bring the plat into compliance, or
disapprove the final plat with reason within forty (40) days of its first
consideration of the plat.
During the review of the final plat the planning board may appoint
an engineer or surveyor to confirm the accuracy of the final plat (if agreed to
by the city council). If substantial errors are found, the costs shall be
charged to the subdivider and the plat shall not be approved until such errors
have been corrected.
If the planning board approves the final plat, such approval shall
be shown on each copy of the plant by the following signed certificate:
3. 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 City of Raeford. North
Carolina and that this plat has been approved for recording in the office of
the Hoke County Register of Deeds.
______________________________
Raeford, North Carolina
4. Certificate of
county approval.
State of North Carolina, County of Hoke
I, ________________, Review Officer of Hoke County, certify that
the map or plat to which this certification is affixed meets all statutory
requirements for recording.
TABLE INSET:
|
_________ |
________________ |
|
Date Officer |
|
If the final plat is disapproved by the planning board the reasons
for such disapproval shall be stated in writing, specifying the provisions of
this ordinance with which the final plat does not comply. One (1) copy of such
statement of reasons and one (1) print of the plat shall be retained by the
planning board as part of the records; one (1) copy of the statement of reasons
and three (3) copies of the plat shall be transmitted 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
planning board, or appeal the decision to the Raeford City Council.
If the final plat is approved by the planning board, the original
tracking and one (1) print of the plat shall be retained by the subdivider. One
(1) reproducible tracing and one (1) print shall be filed with the city clerk,
and one (1) print shall be retained by the subdivision administrator for his
records.
The subdivider shall file the approved final plat with the
Register of Deeds of Hoke County within thirty (30) days of the approval;
otherwise such approval shall be null and void.
A. Number of
copies and contents. Prior to the preliminary plat submissions, the
subdivider shall submit to the subdivision administrator two (2) copies of a
sketch plan of the proposed subdivision containing the following information:
1. A sketch vicinity
map showing the location of the subdivision in relation to neighboring tracts,
subdivision, roads, and waterways;
2. The boundaries of
the tract and the portion of the tract to be subdivided;
3. The total acreage
to be subdivided;
4. The existing and
proposed uses of the land within the subdivision and the existing uses of land
adjoining it;
5. The proposed
street layout with approximate pavement and right-of-way width, lot layout, and
size of lots;
6. The name, address,
and telephone number of the owner;
7. The name, if any,
of the proposed subdivision;
8. Streets and lots
of adjacent developed or platted properties;
9. The zoning
classification of the tract and of adjacent properties; and,
10. A statement from
the Hoke County Health Department that a copy of the sketch plan has been
submitted to them, if a septic tank system or other on site water or wastewater
system is to be used in the subdivision.
B. Submission and
review procedure. The subdivision administrator shall review the sketch
plan for general compliance with the requirements of this ordinance and the
zoning ordinance. The subdivision administrator 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
preliminary and final plats.
One (1) copy of the sketch plan shall be retained by the
subdivision administrator and one (1) copy shall be returned to the subdivider
or his authorized agent
A. Submission
procedure. For every subdivision within the territorial jurisdiction
established by section 1.4 of this ordinance, which does not qualify for the
abbreviated procedure, the subdivider shall submit a preliminary plat, which
shall be approved by the planning board before any construction, or
installation of improvements may begin.
Four (4) copies of the preliminary plat (as well as any additional
copies which planning board determines are needed to be sent to other agencies)
shall be submitted to the subdivision administrator at least fifteen (15) days
prior to the planning board meeting at which the subdivider desires the
planning board to review the preliminary plat. The subdivision administrator
shall review it and present it to the planning board.
Preliminary plats shall meet the specifications in section 3.8 and
shall be drawn to a scale of not less than one (1) inch equals one hundred
(100) feet and on sheet sizes suitable for recording by Hoke County. Plats may
be placed on more than one (1) sheet with appropriate match lines. Submission
of the preliminary plat shall be accompanied by a filing fee. The fee schedule
shall be set by the city council and posted in the City Hall or office of the
subdivision administrator.
B. Review by other
agencies. Concurrent with submission of the preliminary plat to the
subdivision administrator, the subdivider shall submit copies of the
preliminary plat and any accompanying material to other officials and agencies
concerned with new development including but not limited to: The city public
works director or district highway engineer as to proposed streets, highways,
and drainage systems, the Hoke County Health Director as to proposed water and
sewerage systems, the North Carolina Department of Environment, Health, and
Natural Resources Land Quality Section as to the erosion control requirements;
and any other agency or official designated by the planning board for review
and recommendation. The subdivision administrator will advise the subdivider
concerning which agencies are applicable for a given plat.
C. Review
procedure. The planning board shall review the preliminary plat at or
before its next regularly scheduled meeting, which follows at least fifteen
(15) days after the planning board receives the preliminary plat and the
comments from the appropriate agencies.
The preliminary plat may be checked against the design standards
and plat requirements by the technical review committee (composed of two (2)
members of the planning board, the subdivision administrator, and one (1)
representative of each of the agencies or city departments involved with the
subdivision in question, such as the Hoke County Health Department, Highway
Engineer, Hoke County Board of Education, etc.), if deemed necessary.
The planning board shall review the preliminary plat along with
the recommendations of the technical review committee, if any, and, in writing,
recommend approval, conditional approval with conditions to bring the plat into
compliance, or disapproval with reasons within forty (40) days of its first
consideration of the plat. Failure of the planning board to make a written
recommendation within forty (40) days after its first review shall constitute
grounds for the subdivider to apply to the city council for approval.
If the planning board recommends conditional approval or
disapproval the subdivider may make the recommended changes submit a revised
plat for planning board approval before going to the city council or may
directly appeal to the city council.
The Raeford City Council shall review the preliminary plat along
with the recommendations of the planning board within thirty (30) days after
the planning board had submitted its recommendations and approve, approve
conditionally with required changes, or disapprove the plat. If the plat is
approved conditionally the city council may require that the plat be revised
and resubmitted before final approval is given. Failure by the city council to
reach a decision within sixty (60) days of its initial review shall be deemed
approval.
If the city council approves the preliminary plat, such approval
shall be noted on four (4) copies of the plat. One (1) copy of the plat shall
be retained by the city council, one (1) copy will be kept by the subdivision
administrator, one (1) copy will be submitted to the building inspector, and
one (1) copy shall be returned to the subdivider. If the city council approves
the preliminary plat with conditions, approval shall be noted on four (4)
copies of the plat along with a reference to the conditions and distributed the
same as when approved. If the city council disapproves the preliminary plat,
the reasons for such disapproval shall be specified in writing. Copies of the
plats shall be so marked and distributed, along with the reasons for
disapproval, as in the above cases.
Approval of the preliminary plat is authorization for the
subdivider to proceed with the construction of the necessary improvements in
preparation for the final plat.
A. Preparation of
final plat and installation of improvements. Upon approval of the
preliminary plat by the city 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 ordinance. Prior to approval of a final plat, the
subdivider shall have installed the improvements specified in this ordinance or
guaranteed their installation as provided herein. No final plat will be
accepted for review by the planning board unless accompanied by written notice
by the subdivision administrator acknowledging compliance with the improvement
and guarantee standards of this ordinance. 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 ordinance.
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 Raeford City
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 final
plat may be approved by the planning board, if all other requirements of this
ordinance are met. To secure this agreement, the subdivider shall provide,
subject to the approval of the city council, either one, or a combination of
the following guarantees not exceeding 1.25 times the entire cost as provided
herein:
• Surety performance bond(s): The subdivider shall obtain a
performance bond(s) from a surety bonding company authorized to do business in
North Carolina. The bond(s) shall be payable to the City of Raeford and shall
be in an amount equal to 1.25 times the entire cost, as estimated by the city
public works department and approved by the city manager, of installing all
required improvements. The duration of the bond(s) shall be until such time as
the improvements are accepted by the city council.
• 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 city or in escrow with a financial
institution designated as an official depository of the city. The use of any
instrument other than cash shall be subject to the approval of the city
council. The amount of deposit shall be equal to 1.25 times the cost, as
estimated by the city public works department and approved by the city manager,
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 city council an agreement between the financial
institution and himself guaranteeing the following:
• That said escrow account shall be held in trust until released
by the city council and may not be used or pledged by the subdivider in any
other matter during the term of the escrow; and
• 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 city council, and submission by the council to the financial institution
of an engineer's estimate of the amount needed to complete the improvements,
immediately either pay to the city the funds estimated to complete the
improvements, up to the full balance of the escrow account, or deliver to the
city any other instruments fully endorsed or otherwise made payable in full to
the city.
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 city council, pay all or any portion
of the bond or escrow fund to the City of Raeford up to the amount needed to
complete the improvements based on an engineering estimate. Upon payment, the
city council, at its discretion, may expend such portion of said funds, as it
deems necessary to complete all or any portion of the required improvements.
The council shall return to the subdivider any funds not spent in completing
the improvements.
3. Release of
guarantee security: The city council may release a portion of any security
posted as the improvements are completed and approved by the subdivision
administrator. When the administrator approves said improvements, then the
council shall immediately release any security posted.
C. Submission
procedure. The subdivider shall submit the final plat, so marked, through
the subdivision administrator to the planning board at least fifteen (15) days
before the meeting at which it will be reviewed. Further, the final plat for
the first stage of the subdivision shall be submitted not more than twelve (12)
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
is granted by the planning board on or before the twelve (12) month anniversary
of the approval.
The final plat shall be prepared by a Registered Land Surveyor
currently licensed and registered in the State of North Carolina by the North
Carolina 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.
Five (5) copies of the final plat shall be submitted. Two (2) of
these shall be on reproducible material and three (3) 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 Hoke County Register of Deeds.
Requirements for connections to existing water and sewer service
shall be decided on a case-by-case basis, where water and/or sewer service is
available. Acreage or connection fees shall be determined by policy established
by the city council.
The final plat shall meet the specifications in section 3.8 and
must be of a size suitable for recording with the Hoke County Register of
Deeds. It must be at the same scale and meet the same sheet size requirements
as the preliminary plat. Plats may be placed on more than one (1) sheet with
appropriate match lines.
The following signed certificates shall appear on all five (5)
copies of the final plat:
1. 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 City
of Raeford and that I hereby adopt this plan of subdivision with my free
consent, establish minimum building setback lines, and dedicate all streets,
alleys, walks, parts, and other sites and easements to public or private use as
noted. Furthermore, I hereby dedicate all sanitary sewer, storm sewer and water
lines to the City of Raeford.
2. Certificate of
survey and accuracy. In accordance with the Manual of Practice for Land
Surveying in North Carolina:
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 on the
map and a statement included in the certificate revealing the source of
information.
The certificate shall take the following general form:
TABLE INSET:
|
State of North CarolinaCountyof Raeford |
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.
(year).
______________________________
Registered Land Surveyor
Official Seal
______________________________
Registration Number
I, a Notary Public of the county and state aforesaid, do hereby
certify that ________________, a registered land surveyor, personally appeared
before me this day and acknowledged and duly executed this certificate.
Witness my hand and official stamp or seal this the ________ day
of _________, (year).
______________________________
Notary Public
Official Stamp or Seal
My commission expires _________.
3. Certificate of
approval of the design and installation of streets, utilities, and other
required improvements.
I hereby certify that all streets, utilities, and other required
improvements have been installed in a manner approved by the appropriate state
or local authority and according to city specification and standards in the
________________ Subdivision or that guarantees of the installation of the required
improvements in an amount and manner satisfactory to the City of Raeford had
been received.
TABLE INSET:
|
_________ |
________________ |
|
Date Administrator |
|
The planning board shall review the final plat at or before its
next regularly scheduled meeting which follows at least fifteen (15) days after
the planning board receives the final plat and shall approve or disapprove the
plat with reasons within forty (40) days of its first consideration of the
plat.
During its review of the final plat the planning board may appoint
an engineer or surveyor to confirm the accuracy of the final plat (if agreed to
by the city council). 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.
If the planning board approves the final plat, such approval shall
be shown on each copy of the plat by the following signed certificate.
4. 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 City of Raeford. North
Carolina, and that this plat has been approved by the Raeford Planning Board
for recording in the office of the Hoke County Register of Deeds.
TABLE INSET:
|
_________ |
________________ |
|
Date Administrator |
|
5. Certificate of
county approval.
State of North Carolina County of Hoke
I, ________________, Review Officer of Hoke County, certify that
the map or plat to which this certification is affixed meets all statutory
requirements for recording.
TABLE INSET:
|
_________ |
________________ |
|
Date Officer |
|
If the final plat is disapproved by the planning board, the
reasons for such disapproval shall be stated in writing, specifying the
provisions of this ordinance with which the final plat does not comply. One (1)
copy of such statement of reasons and one (1) print of the plat shall be retained
by the planning board as part of its proceedings; one (1) copy of the statement
of reasons and three (3) copies of the plat shall be transmitted 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 planning board or appeal the decision to the Raeford
City Council.
If the final plat is approved by the planning board, one (1) print
of the plat shall be retained by the subdivider. One (1) reproducible tracing
and one (1) print shall be filed with the subdivision administrator, one (1)
print shall be retained by the planning board for its records, and the original
tracing shall be retained by the city for recording.
The subdivider shall submit to the city a check for the recording
fee and the city shall file the approved final plat with the Hoke County Review
Officer and Register of Deeds and deliver the subdivider's check within thirty
(30) days of planning board approval.
The preliminary and final plats shall depict or contain the
information indicated in the following table. An "x" indicates that
the information is required.
TABLE INSET:
|
Information |
|
||
|
1.block containing: |
|
|
|
|
• Property designation |
|
||
|
• Name of owner |
|
||
|
• Location (Including township, county,
and state) |
|
||
|
• Date(s) survey was conducted and plat
prepared |
|
||
|
• Scale of drawing in feet per inch
listed in words or figures |
|
||
|
• Bar graph |
|
||
|
• Name, address, registration number,
and seal of the Registered Land Surveyor |
|
||
|
2.of subdivider |
|
||
|
3.vicinity map showing the relationship
between the proposed subdivision and surrounding area |
|
||
|
4.limits, township boundaries county
lines, if on the subdivision tract |
|
||
|
5., addresses, and telephone numbers of
all owners, mortgagees, registered land surveyors, land planners,
architects, landscape architects, and professional engineers responsible for
the subdivision |
|
||
|
6.numbers and seals of the professional
engineers |
|
||
|
7.of plat preparation |
|
||
|
8.arrow and orientation |
|
||