§ 4.6. Subdivision.
Purpose statement: It is the intent of this section to provide an orderly process for the division of land into lots or parcels for the purpose of sale to and/or building development by property owners. It is also this section's intent to ensure that subdivided lots or parcels can be used safely to build on without danger to the health, safety, and general welfare of both their prospective (or "future") owners and of the Chapel Hill community, and that subdivisions are provided with and provide for adequate and efficient access and transportation, water, sewerage and other utilities, schools, parks, playgrounds, recreation, and other public requirements and facilities.
4.6.1 Applicability and Definition of "Subdivision".
The provisions of this section apply to any "subdivision" as defined herein. A subdivision is any division of a tract or zoning lot into two (2) or more zoning lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future). It includes any division of land involving the dedication of a new street or a change in existing streets. The following divisions of land are not included in this definition and are not subject to this article:
(a)
The combination or recombination of portions of previously subdivided and recorded lots, where the total number of lots is not increased and the resultant lots are equal to or exceed the standards set forth in this section, and the minimum gross land area, minimum lot width and minimum street frontage width standards of section 3.8; or
(b)
The division of land into parcels greater than ten (10) acres in area, where no widening or opening of streets is involved; or
(c)
The public acquisition of strips of land for purpose of widening or opening streets; or
(d)
The division of a tract in single ownership whose entire net land area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards set forth in this appendix, and the minimum gross land area, minimum lot width and minimum street frontage width standards of section 3.5.
In (a) above, the phrase, "previously subdivided and recorded" means under a recorded plat or other instrument of transfer containing a metes and bounds description if lots were created prior to the existence of applicable subdivision regulations, or under a validly approved and recorded plat if such lots were created after the existence of applicable subdivision regulations.
In (b) and (d) above, the phrases "where no street right-of-way dedication is involved" and "where no widening or opening of streets is involved" mean that adequate access to such lots is provided by an approved existing street (public or private) that meets the standards of the design manual without the need for additions or improvements to existing street rights-of-way or easements.
The word "subdivide" in relation to land refers to a subdivision subject to this section.
4.6.2 Applicability.
(a)
No land shall be subdivided, platted, or recorded, nor shall subdivided lots or parcels be sold, offered for sale, used, or occupied unless and until a final plat of the subdivision has been approved under this article and has been recorded by the appropriate county register of deeds. The subdivision of land by use of metes and bounds descriptions in instruments of transfer is prohibited.
(b)
No lot or parcel resulting from a division of land excluded from the definition of subdivision in subsection 4.6.1 shall be sold, offered for sale, used, or occupied until the town manager certifies that such division of land falls within one of the exclusions listed in subsection 4.6.1.
(c)
No plat of any division of land within Chapel Hill's planning jurisdiction shall be filed or recorded by the county register of deeds unless it contains the town manager's certification that the division of land has been approved under this article or is not subject to this article.
(d)
Except where specifically exempted by this article, no zoning compliance permit shall be issued to develop any subdivided lot or parcel until a final plat of such subdivision has been approved and recorded under this article.
4.6.3 Classification of Subdivision.
Minor and major subdivisions are subject to different approval procedures.
(a)
Minor subdivision—Administrative review.
(1)
The minor subdivision—administrative review approval process is a one-step procedure involving town manager approval of a final plat. A "minor subdivision—administrative review" includes any subdivision pursuant to an approved zoning compliance permit for a two-family or multifamily townhouse development, an approved special use permit for a planned development, or an approved commercial subdivision.
(b)
Minor subdivision—Planning commission review. The minor subdivision—planning commission review approval process is a one-step procedure involving planning commission approval of a final plat. A minor subdivision eligible for planning commission review is a subdivision not included in subsection 4.6.3(a) that does not:
(1)
Create more than four (4) lots from any one (1) tract of land or lots of record on October 8, 1956, whether such lots are created at one time or over an extended period of time; and
(2)
Dedicate or improve any new street other than widening approved existing streets; and
(3)
Extend a public water or sanitary sewerage system other than laterals to individual lots; and
(4)
Install drainage improvements which would require easements through one or more lots to serve other lots.
(c)
Major subdivision. A "major subdivision" is any subdivision other than a minor subdivision. The major subdivision approval process is a two-step procedure involving town council approval of a preliminary plat and town manager approval of a final plat.
(Ord. No. 2004-02-23/O-2; Ord. No. 2016-03-21/O-1 , § 4)
4.6.4.1. Procedures for Approval of Minor Subdivisions—Administrative Review.
(a)
Application submittal requirements.
Applications for minor subdivision - administrative review approval shall be filed with the town manager.
The town manager shall prescribe the form(s) of applications as well as any other material it may reasonably require to determine compliance with this article. Minor subdivision plats shall comply with the mapping requirements of section 4.6.10. The town manager shall not accept an application unless it complies with such requirements. An incomplete application shall be returned to the applicant, with a notation of its deficiencies.
(b)
Action on application.
(1)
When he/she accepts an application, the town manager shall evaluate the plat for compliance with all applicable regulations, including any applicable conditions of an approved zoning compliance permit or special use permit. He/she shall take action on an application based solely on his/her findings as to compliance with applicable regulations and conditions. He/she shall:
A.
Approve, or
B.
Approve subject to conditions, or
C.
Deny, or
D.
Refer to the major subdivision approval process, if it finds it to be a major subdivision proposal or if requested by the applicant, or
E.
Refer to the minor subdivision—Planning commission review approval process, if it finds it to be a minor subdivision—Planning commission review proposal.
(2)
If the town manager refers the request to a major subdivision review, an amended application shall be submitted, as required in subsection 4.6.5, below.
(3)
If the town manager refers the request to a minor subdivision—Planning commission review, an amended application shall be submitted, as required in subsection 4.6.4.2 below.
(4)
The town manager may impose reasonable conditions on approval to ensure the subdivision complies with the intent and requirements of this article.
(5)
The town manager shall take action within thirty (30) days of the acceptance of an application, or within such further time consented to by written notice from the applicant or by town council resolution. Failure of the town manager to reach a decision within the prescribed time limit, or extensions thereof, shall result in the approval of the application as submitted.
(c)
Amended applications. The applicant shall submit an amended application for review as an original application if the applicant proposes to substantially amend or modify his/her application after its acceptance.
(d)
Actions subsequent to decision.
(1)
The town manager shall notify the applicant of the decision in writing and shall file a copy of the decision in the office of the planning department.
(2)
The town manager shall endorse approval on a reproducible mylar original of the final plat if he/she has approved an application or approves it with conditions. The applicant shall record such plat in the office of the appropriate county register of deeds. Approval of any minor subdivision plat is void if it is not properly recorded within thirty (30) days after the town manager's endorsement of approval. The town manager may extend this deadline provided the applicant has demonstrated a good faith effort to comply with the deadline, but for reasons beyond his/her control, fails to meet the requirements of the Register of Deeds for recordation within that period
(3)
The applicant shall submit a duplicate mylar copy of the approved final plat and a paper print of the recorded final plat to the town's planning department within five (5) working days after the final plat is recorded.
(e)
Appeal of decision. The town manager's decision on a minor subdivision application may be appealed to the board of adjustment under section 4.10.
(Ord. No. 2004-02-23/O-2)
4.6.4.2 Procedures for approval of minor subdivisions—Planning commission review.
(a)
Application submittal requirements.
Applications for minor subdivision planning commission review approval shall be filed with the town manager.
The town manager shall prescribe the form(s) of applications as well as any other material it may reasonably require to determine compliance with this article. Minor subdivision plats shall comply with the mapping requirements of subsection 4.6.10. The town manager shall not accept an application unless it complies with such requirements. An incomplete application shall be returned to the applicant, with a notation of its deficiencies.
(b)
Action on application.
(1)
When he/she accepts an application, the town manager shall evaluate the plat for compliance with all applicable regulations, including any applicable conditions of an approved zoning compliance permit or special use permit. The town manager shall forward his/her report to the planning commission with a recommendation.
If the subdivision proposal property is located in an historic district, the town manager shall submit to the historic district commission a written analysis of the application and his/her recommendation, prior to the planning commission meeting. The town manager shall forward his/her report to the historic district commission at its next available regularly scheduled meeting. The historic district commission shall review the application and the town manager's report and shall submit a written recommendation to the planning commission. The historic district commission shall prepare its recommendations within thirty-five (35) days of the meeting at which the town manager's report is submitted to it or within such further time consented to by the applicant or by town council resolution. If the historic district commission fails to prepare its recommendation to the planning commission within this time limit, or extensions thereof, the historic district commission shall be deemed to recommend approval of the application without conditions.
The planning commission shall take action on an application based solely on its findings as to compliance with applicable regulations and conditions. The planning commission shall: (Ord. No. 2004-02-23/O-2)
A.
Approve, or
B.
Approve subject to conditions, or
C.
Deny, or
D.
Refer to the major subdivision approval process, if it finds it to be a major subdivision proposal or if requested by the applicant.
(2)
If the planning commission refers the request to a major subdivision review, an amended application shall be submitted, as required in subsection 4.6.5, below.
(3)
The planning commission may impose reasonable conditions on approval to ensure the subdivision complies with the intent and requirements of this article.
(4)
The planning commission shall take action within thirty-five (35) days of the meeting at which the town manager's report is submitted to it, or within such further time consented to by written notice from the applicant or by town council resolution. If the planning commission fails to render a decision within this time limit, or extensions thereof, the application is approved as submitted.
(c)
Amended applications.
The applicant shall submit an amended application for review as an original application if the applicant proposes to substantially amend or modify his/her application after its acceptance.
(d)
Actions subsequent to decision.
(1)
The town manager shall notify the applicant of the planning commission's decision in writing and shall file a copy of the decision in the office of the planning department.
(2)
The town manager shall endorse approval on a reproducible mylar original of the final plat if the planning commission has approved an application or approves it with conditions. The applicant shall record such plat in the office of the appropriate county register of deeds. Approval of any minor subdivision plat is void if it is not properly recorded within thirty (30) days after the town manager's endorsement of approval. The town manager may extend this deadline provided the applicant has demonstrated a good faith effort to comply with the deadline, but for reasons beyond his/her control, fails to meet the requirements of the register of deeds for recordation within that period.
(3)
The applicant shall submit a duplicate mylar copy of the approved final plat and a paper print of the recorded final plat to the town's planning department within five (5) working days after the final plat is recorded.
(e)
Appeal of decision.
The planning commission's decision on a minor subdivision application may be appealed to the board of adjustment under section 4.10.
4.6.5 Procedures for Approval of Major Subdivisions
(a)
Preliminary plat approval.
(1)
Application submittal requirements.
A.
Applications for major subdivision preliminary plat approval shall be filed with the town manager.
B.
The town manager shall prescribe the form(s) of applications, as well as any other material he/she may reasonably require to determine compliance with this article.
C.
The town manager shall not accept an application unless it complies with such requirements. An incomplete application shall be returned to the applicant, with a notation of its deficiencies.
(2)
Town manager's analysis.
When he/she accepts an application, the town manager shall cause representatives of the town and such other agencies or officials as may be appropriate to determine if it conforms to the provisions of this appendix and the following other regulations:
A.
The minimum gross land area, minimum lot width, and minimum street frontage width requirements of section 3.8; and
B.
The access and circulation requirements of section 5.8 and the design manual.
(3)
Preliminary conference with applicant.
A.
The town manager shall notify the applicant, in writing, of the proposed subdivision's deficiencies. The town manager shall also notify the applicant of his/her willingness to discuss alternatives to correct those deficiencies.
B.
If the applicant joins in such discussions, the application may be modified, further discussions may be held, or additional information may be requested by the town manager.
(4)
Town manager's report to planning commission.
A.
The town manager shall submit to the planning commission a written analysis of the application and his/her recommendation.
B.
If the applicant does not join in preliminary conferences with the town manager, the report shall be prepared within twenty-five (25) working days after the application is accepted, or within such further time consented to by the applicant or by town council resolution. If the town manager fails to prepare a report to the planning commission within this time limit, or extensions thereof, the application is recommended without conditions.
C.
If the applicant participates in preliminary conferences with the town manager, the manager will prepare his/her report to the planning commission when further conferences appear unnecessary. No time limits shall apply to the town manager's review when the applicant joins in preliminary conferences. However, the applicant may require the town manager to submit the application and his/her report to the planning commission whenever the applicant wishes to end discussions with him/her.
D.
The town manager shall forward his/her report to the planning commission at its next available regularly scheduled meeting.
(5)
Planning commission review.
A.
The planning commission shall review the application and the town manager's report and shall submit a written recommendation to the town council.
B.
The planning commission shall prepare its recommendations within thirty-five (35) days of the meeting at which the town manager's report is submitted to it or within such further time consented to by the applicant or by town council resolution. If the planning commission fails to prepare its recommendation to the town council within this time limit, or extensions thereof, the planning commission shall be deemed to recommend approval of the application without conditions.
C.
If the planning commission recommends approval of the application with conditions, the applicant may amend his/her application to conform to all or some of the conditions, provided the town manager reviews the amended application for compliance with applicable regulations and certifies that the amendments conform to the conditions of the planning commission recommendation. In such cases, the town manager may amend his/her report to conform to any or all of the planning commission's recommendations. The town manager shall then forward his/her report and the planning commission's recommendation to the town council at the town council's next available regularly scheduled public hearing.
(6)
Town council review.
A.
After receiving the town manager's report and the planning commission's recommendation or, if applicable, the expiration of the time limit prescribed in subsection 4.6.5(a)(5), the town council shall consider the application at its next regularly scheduled public hearing.
B.
All interested persons shall be given the opportunity to speak and to ask questions. The town council may place reasonable and fair limitations on comments, arguments, and questions to avoid undue delay.
C.
The applicant shall bear the burden of establishing that he/she is entitled to approval of his/her application.
(7)
Town council action.
The town council shall act on the application after reviewing the application, the town manager's report, the planning commission recommendation, and public comment thereon. It shall base its action on its findings as to conformity with all applicable regulations listed in this appendix. The town council shall:
A.
Approve the application, or
B.
Approve subject to reasonable conditions necessary to ensure compliance with applicable regulations, or
C.
Deny the application.
(8)
Amended applications.
Except as permitted in subsection (e) of this section, the applicant shall submit an amended application for review as an original application if he/she proposes to substantially amend or modify his/her application after the town manager's review.
(9)
Actions after decision.
A.
The town manager shall notify the applicant of the town council's decision in writing and shall file a copy with the town's planning department.
B.
If the application is approved or approved with conditions, the applicant shall subsequently submit final plans to the town manager for approval, in a form and content prescribed by the town manager. Approval of such plans shall be based on compliance with all applicable regulations and requirements, including all conditions attached to the preliminary plat approval. After final plan approval, the town manager may issue a zoning compliance permit.
C.
Except for the above improvements, no zoning compliance permit shall be issued to develop any lot or parcel shown on the approved preliminary plat until a final plat showing such lot or parcel is approved and recorded under this article.
(10)
Expiration of preliminary plat approval.
A.
Preliminary plat approval for a major subdivision shall be effective for one (1) year from the date of approval. After that time the applicant must submit a new application. The town manager may re-approve the application unless he/she determines that paramount considerations of health, the general welfare, or public safety require town council re-approval. In such instances the town manager shall require the application to be reviewed in accordance with the procedures set forth in subsections (1) through (7) of this section.
B.
No application for final plat approval shall be accepted or approved for any portion of a subdivision for which preliminary plat approval has expired. If final plat approval for any lot shown on an approved preliminary plat has not been obtained before the preliminary plat approval expires, a new application for approval of a preliminary plat showing the lot must be approved under then-applicable regulations before an application for final plat approval of such lot can be accepted.
(11)
Appeal of decision.
The town council's decision on an application for major subdivision preliminary plat approval may be appealed to Superior Court within thirty (30) days of town council action.
(b)
Final plat approval.
(1)
Application submittal requirements.
A.
Applications for final plat approval shall be filed with the town manager. The town manager shall prescribe the form(s) of applications, as well as any other material he/she may reasonably require to determine compliance with this article.
B.
The applicant shall submit an approved, unexpired preliminary plat with the application for a final plat approval.
C.
As part of an application for final plat approval, the applicant shall:
1.
Certify that all improvements (streets, alleys, bikeways, pedestrian and bicycle ways, utilities, storm drainage facilities, street signs, and recreation areas and facilities for common use) approved as part of the preliminary plat approval and serving the lots shown on the final plat have been completed and the town manager has certified completion thereof; or
2.
That performance guarantees ensuring the satisfactory completion of any uncompleted improvements have been posted; or
3.
Certify that the subdivision shown on the final plat is subject to United States Department of Housing and Urban Development regulations that ensure satisfactory completion of any uncompleted improvements.
D.
If a neighborhood or homeowners' association, or similar legal entity, will maintain and control any improvements, the application for final plat approval shall also contain proposed articles of incorporation and by-laws of the association or similar legal entity. Articles of incorporation shall be submitted in the form in which they will be filed with the North Carolina Secretary of State.
(2)
Town manager action.
A.
When he/she accepts an application, the town manager shall determine if the final plat and application conform to all applicable regulations and to the approved and valid preliminary plat, including all conditions of such approval.
B.
The town manager shall base his/her action on an application solely on findings as to compliance with applicable regulations and the preliminary plat approval. The town manager shall:
1.
Approve the application, or
2.
Approve the application subject to reasonable conditions necessary to ensure compliance with applicable regulations and conditions, or
3.
Deny the application.
C.
Such action shall be taken within twenty-five (25) working days of the acceptance of an application, or within such further time consented to by written notice from the applicant or by town council resolution. If the town manager fails to render a decision within this time limit, or extensions thereof, the application is approved as submitted.
(3)
Amended applications.
The applicant shall submit any amended application for review as an original application if he/she proposes to substantially amend or modify his/her application after its acceptance.
(4)
Actions subsequent to decision.
A.
The town manager shall notify the applicant of his/her decision in writing and shall file a copy of it with the town's planning department.
B.
If the application is approved or approved with conditions, the town manager shall endorse his/her approval on a reproducible mylar original of the final plat. The applicant shall record the final plat in the office of the appropriate county register of deeds. Approval of any final plat is void if it is not properly recorded within thirty (30) calendar days after the town manager's endorsement of approval. The town manager may extend this deadline provided the applicant has demonstrated a good faith effort to comply with the deadline, but for reasons beyond his/her control, fails to meet the requirements of the register of deeds for recordation within that period. Such plat shall conform to the drawing specifications, certification and endorsement requirements of subsections 4.6.10 and 4.6.11.
C.
The applicant shall submit a duplicate mylar copy of the approved plat and a paper print of the recorded final plat filed with the register of deeds to the town's planning department within five (5) working days after the plat is recorded.
D.
Upon recordation of a final plat, the applicant or applicant's successors in interest of the subdivided land shall be responsible for maintaining in a safe and usable condition all approved improvements until they are accepted for maintenance and control by an appropriate public body or an incorporated neighborhood or homeowners' association or similar legal entity.
(5)
Appeal of decision.
The town manager's decision on a final plat approval application may be appealed to the board of adjustment under section 4.10 of this chapter.
4.6.6 Performance Standards During Construction.
The preliminary plat approval shall include conditions for work during construction consistent with section 5.15 of this chapter.
4.6.7 Neighborhood or Homeowners' Associations.
Where neighborhood or homeowners' associations, or similar legal entities, will maintain and control any improvements (streets, alleys, bikeways, pedestrian and bicycle ways, utilities, storm drainage facilities, street signs, and recreation areas and facilities for common use) approved as part of subdivision approval, they shall be established so that:
(a)
Binding arrangements to establish the association or similar legal entity are made before any lot in the subdivision is sold or any building occupied;
(b)
The association or similar legal entity has clear legal authority to maintain and exercise control over the improvements;
(c)
The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and control of the improvements; and
(d)
Subdivisions shall not include covenants or other conditions of sale that restrict or prohibit the use, installation or maintenance of solar collection devices.
4.6.8 Standards of Practice for Land Surveying.
All horizontal and vertical survey controls established within the Chapel Hill Planning Jurisdiction and all surveys submitted to the Town of Chapel Hill for review and approval shall conform/comply with the latest revision of North Carolina General Statute 89C and the Standards of Practice for Land Surveying in North Carolina as established by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors. Additionally, all plats submitted for review and approval shall conform the latest revision of North Carolina General Statute 47-30.
4.6.9 Reserved.
4.6.10 Specifications for Drawings.
(a)
Applicability.
The requirements of this section apply to the format of drawings.
(b)
Preliminary plat.
The preliminary sketch shall be drawn to a scale of not less than one hundred (100) feet to the inch nor more than twenty (20) feet to the inch. It shall show the following:
(1)
Title data. Name of subdivision, the names and addresses of the owner or owners, name of designer of the plat, scale, date, approximate north point, and in large letters the words, "PRELIMINARY PLAT."
(2)
Existing data. Property lines, street lines and names, principal buildings, water mains, sanitary sewers, storm drains, water courses and bridges, parks, playgrounds, public open space, recreation areas, public easements, railroads and spurs, names of adjacent subdivisions, owners of adjacent unsubdivided tracts, town limit lines, and planning district lines, both on the land to be subdivided and within five hundred (500) feet thereof; and an inset sketch map showing the subdivision's location in relation to the town and to principal highways and streets in the Chapel Hill area.
(3)
Data relating to subdivision. Names, locations and other dimensions of proposed streets, alleys, cross walkways, lots, easements, building lines, parks, playgrounds, and other recreational areas, including notations regarding to whom such areas are dedicated, and a copy of any proposed deed restrictions or restrictive covenants. Contours at intervals five (5) feet or less, referred to sea level datum will be provided, except that in the case of a small subdivision on relatively level land, the town manager may waive this provision. Profiles of proposed streets, showing natural and finished grades, drawn to a horizontal scale of not less than one hundred (100) feet to the inch and a vertical scale of not less than ten (10) feet to the inch may be required by the town manager. A statement describing the water supply and sewage disposal facilities proposed to be installed in the subdivision shall be submitted. If installation of septic tanks is proposed, an analysis of the county health department tests required shall accompany the subdivision sketch. The size and location of all proposed water mains shall be shown on the sketch if water will be furnished by Orange Water and Sewer Authority (OWASA).
(4)
Drainage plan data. Size of off-site drainage areas in acres; existing gullies or waterways proposed to be used, indicating adequacy to handle the design flows; all proposed drainage easements; location size, and slopes of all pipes; location, size, and proposed design of all new ditches; and erosion control measures where needed.
(5)
Floodway data. The boundaries of both the floodway and the floodway fringe zone, as shown on maps entitled Flood Boundary and Floodway Map, U.S. Dept. of Housing and Urban Development dated February 9, 1980, and as subsequently revised, and the boundary of the resource conservation district shall be shown clearly.
(c)
Final plat.
The final plat shall be drawn in black ink upon mylar or tracing cloth to a scale of not less than one hundred (100) feet to the inch nor more than twenty (20) feet to the inch. It shall show the following:
(1)
Title and documentation data. Name of subdivision, the town, the name of the licensed engineer or surveyor under whose supervision the plat was prepared; the date of the plat; the scale and north point, and all endorsements and certifications provided for in subsection 4.6.11.
(2)
Data relating to subdivision. Lines and names of all streets; lines of all alleys, cross-walkways, lots, easements, recreational areas, and other areas to be devoted to common use, with notes stating clearly their proposed use, any limitations and the person(s) or entity responsible for continued maintenance, town boundaries; building lines, block and lot numbers; metes and bounds survey information sufficient to determine readily on the ground the location of every street, alley, and cross-walkway, lot line, boundary line, block line, easement line, and building line; the radius central angle, and tangent distance for both street lines of curved streets, the locations and types of all permanent monuments; the names of subdivisions and streets adjoining the platted subdivision; and designation of all streets within the subdivision as either "public" or "private."
(3)
Easements. Any required easements shall be shown clearly and shall be accompanied by a metes and bounds description.
(4)
Floodway data. The boundaries of both the floodway and the floodway fringe zone, as shown on the maps entitled Flood Boundary and Floodway Map, U.S. Dept. of Housing and Urban Development, dated February 9, 1980, and as subsequently revised, and the boundary of the resource conservation district shall be shown clearly.
(5)
All streets intended for future extension either within or beyond the boundaries of the subdivision shall clearly be indicated on the plat, by the words "subject to future extension".
(d)
Detailed engineering construction permits—final plat.
All final engineering construction permits for public improvements, including but not limited to bridges, culverts, headwalls, endwalls, earthwork (cut or fill), grading, paving (including subgrade preparation, base and surface), sidewalks, curbs and gutters, median crossings, guardrails, street signs, storm drainage, water distribution and sewage collection systems, shall be submitted to the town manager for review and approval with or prior to the submittal of the final plat. The town manager shall prescribe the form(s) for the plans and for other materials he/she may reasonably require to make his/her decision.
4.6.11 Certificates and Endorsements on Final Plat.
(a)
Certificate of survey and accuracy.
The final plat shall be made under the supervision of a surveyor or engineer licensed to practice in the State of North Carolina. The plat shall contain a certificate of survey and accuracy which meets the requirements for registration of G.S. Section 47-30.
(b)
Certificate of dedication and maintenance.
The following shall be printed on the final plat over the signature of the owner(s):
"The undersigned party, being duly sworn, certifies that he is the owner or duly authorized representative of the owner of the property designated on this plat as described below, and hereby freely dedicates all rights-of-way, easements, streets, recreation area, open space, common area, utilities, and other improvements to public or private common use as noted on this plat, and further assumes full responsibility for the maintenance and control of said improvements until they are accepted for maintenance and control by an appropriate public body or, by an incorporated neighborhood or homeowners' association or similar legal entity."
Description/reference to lots shown on this plat and covered by this certificate: (insert list of lot numbers or other clear identification of lots covered by this certification).
______________________________
Date: ___________________________
(c)
Certificate of improvements.
If the required improvements are completed prior to the submittal of the final plat, the following certificate shall appear on the plat over the signature of the town manager:
"The Town Manager hereby certifies that all improvements required by the Chapel Hill Land Use Management Ordinance have been installed as specified by the approved preliminary plat for _______ Subdivision and that said improvements comply with Town specifications."
___________Town Manager
_______Date
If the required improvements are not completed prior to the submittal of the final plat and their completion is not ensured by regulations applicable to developments financed by the U.S. Department of Housing and Urban Development. The following certificate shall appear on the plat over the signature of the Town Manager:
"The Town Manager hereby certifies that a surety bond of a satisfactory amount has been posted with the Town of Chapel Hill which surety guarantees that all public improvements will be completed as specified by the approved Preliminary Plat for _____________________________ Subdivision within _____ days unless affirmatively extended by the Town Manager. Notice will be duly recorded with the Register of Deeds if and when said surety is amended or extended prior to completion of all public improvements for which it was posted."
___________Town Manager
_______Date
(d)
Town manager endorsement.
The plat shall show the following form for town manager endorsement:
Provided that this plat be recorded within 30 days of final approval;
Approved by
___________Town Manager
_______Date
(e)
Notary public required.
All certification and endorsement signatures on the final plat, except those of the Town Manager, representatives of other governmental agencies and public utilities, and licensed surveyors shall be signed under oath and notarized by the statement of a notary public entered on the final plat.
(Ord. No. 2005-03-07/O-6, §§ 1, 2)
4.6.12 As-Built Drawings of Improvements.
(a)
Digital construction drawings shall be submitted in DXF format on compact disk or compatible media, or alternate format, showing the as-built elevation and location of all improvements of the subdivision including all underground utilities shall be certified by a registered engineer or surveyor and submitted to the town manager.
(b)
When improvements are completed prior to final plat approval, the as-built drawings shall be submitted with the application for final plat approval. Where a surety bond is posted in lieu of completion of improvements, as-built drawings shall be submitted prior to release of the bond. The bond shall not be released until these plans are approved by the town manager.
4.6.13 Reservation of School Sites.
Whenever a subdivision application is submitted for approval which includes part or all of a school site designated to be reserved in the comprehensive plan, the town manager shall immediately notify the Chapel Hill/Carrboro Board of Education, and the board shall promptly decide whether it wishes the site to be reserved. If the board does not wish to reserve the site, it shall so notify the town manager and no site shall be reserved. If the board does wish to reserve the site, the subdivision shall not be approved without such reservation. A note indicating such reservation shall be recorded on a final plat. The board shall then have eighteen (18) months beginning on the date of final approval of the subdivision within which to acquire the site by purchase or by initiating condemnation proceedings. If the board has not purchased or begun proceedings to condemn the site within eighteen (18) months, the owner may treat the land as freed of the reservation.
( Ord. No. 2014-03-10/O-2, § 3 )