<div class="chunk-title">Sec. 70-39. - Review of major subdivisions.</div>
<div class="chunk-content">
            <p class="p0">
               Whenever any subdivision of any tract of land is proposed for a major subdivision,
               the subdivider shall contact the Buncombe County Planning Department prior to submittal
               of the preliminary plat to schedule a pre-application conference. Preliminary plans
               may be shown in order to receive general guidance but will not be submitted or accepted
               during the pre-application conference. General requirements of the subdivision, erosion
               control, stormwater management, zoning, flood damage prevention, and fire prevention
               ordinances will be discussed. After a pre-application conference has been completed,
               the subdivider shall submit the proposed subdivision plat to the planning department
               for approval.
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Preliminary plat submission and review.</span> The procedure for obtaining preliminary plat approval is as follows:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  The subdivider shall submit four copies of the preliminary plat and one digital copy
                  of the preliminary plat in a format acceptable to the planning department. The preliminary
                  plat and plans shall contain the information required in<a href="" data-chunk-id="COOR_CH70SU_ARTIIAPPL_S70-40SPPRPLILDRFIPLRE" class="section-link" data-product-id="12776"> section 70-40</a>.
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  The preliminary plat shall be reviewed for the entire tract or parcel of land which
                  is to be subdivided. Areas not intended for immediate development should be identified
                  as future development.
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  The plat shall be reviewed by the planning department to ensure conformance of the
                  proposed subdivision with the various development standards set forth by state agencies,
                  if applicable, and county standards including those set forth in article III of this
                  chapter. When preliminary plans are initially submitted to the Buncombe County Planning
                  Department and such preliminary plans plainly do not meet all the specifications and
                  standards of this land development and subdivision ordinance for unqualified approval
                  for preliminary plans, the planning department staff shall have discretion to either
                  reject such preliminary plans.
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  Following appeal of the applicant, all data pertinent to the plat shall be transmitted
                  to the board of adjustment.
                  </p>
               		
               <p class="incr2">
                  e.
                  </p>
               		
               <p class="content3">
                  The planning director or said director's designee shall review the preliminary plat
                  and shall approve, approve conditionally, or disapprove the plat. If approved conditionally,
                  the applicant shall have 90 days from preliminary plat approval to submit a revised
                  preliminary plat to the planning department meeting conditions related to subdivision
                  design standards set forth in this ordinance. The director or said director's designee
                  shall indicate which conditions are designated as design standards. Failure to meet
                  said conditions within 90 days of the granting of preliminary approval shall constitute
                  expiration of said preliminary approval. If the planning director or said director's
                  designee disapproves the preliminary plat, the reasons for such action shall be stated
                  in writing and references shall be made to the specific regulations with which the
                  preliminary plat does not comply and possible modifications may be indicated for further
                  considerations. If the plat conforms to all the specifications and standards of the
                  provisions of this chapter, it shall be approved.
                  </p>
               		
               <p class="incr2">
                  f.
                  </p>
               		
               <p class="content3">
                  Appeal procedures. The decision of the planning department regarding the rejection
                  of a preliminary plan for a major subdivision application may be appealed to the board
                  of adjustment. If appealed, the application shall be placed on a regular meeting agenda
                  of the board of adjustment within 60 days. The board of adjustment shall have final
                  approval authority, and, where applicable, all plans shall contain information and/or
                  conditions approved by the planning department. The board of adjustment in all such
                  appeals shall make findings of fact in support of its decision. The subdivider shall
                  be notified, in writing, of the board of adjustment's decision within 20 days after
                  the decision is made.
                  </p>
               		
               <p class="incr2">
                  g.
                  </p>
               		
               <p class="content3">
                  If any changes are made to the approved preliminary plat, the applicant shall submit
                  a revised plat to the planning department. If said changes are insignificant deviations
                  from the approved preliminary plat, the planning department shall approve said changes
                  internally. A deviation is insignificant if it has no discernable impact on neighboring
                  properties, the general public, or those intended to occupy or use the proposed development.
                  If changes are deemed by the planning department as significant the subdivider shall
                  submit four copies of the revised preliminary plat and one digital copy to the planning
                  department for review and approval. Significant changes shall be defined as ones that
                  have discernable impact on neighboring properties, the general public, or those intended
                  to occupy or use the proposed development.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Final plat and as-built drawing submission and review.</span> The procedure for obtaining final plat approval is as follows:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Upon approval of the preliminary plat, the subdivider may proceed with the installation
                  of or provide a guarantee for required improvements such as roads and utilities in
                  accordance with the approved preliminary plat and the requirements of<a href="" data-chunk-id="COOR_CH70SU_ARTIIAPPL_S70-40SPPRPLILDRFIPLRE" class="section-link" data-product-id="12776"> section 70-40</a>. The subdivider shall have installed the improvements specified in article IV of
                  this chapter or guaranteed their installation as provided in this section prior to
                  submission of a draft final plat.
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  The subdivider shall submit one copy of a draft as-built drawing and one digital copy
                  in an acceptable format to the planning department. The planning department shall
                  approve, or disapprove the draft as-built drawing and shall notify the subdivider,
                  in writing, of its decision regarding final approval within ten working days after
                  the drawing is submitted for review. The as-built drawing shall be prepared, signed,
                  and sealed by a professional land surveyor or professional engineer currently licensed
                  in the state by the state board of examiners for engineers and land surveyors.
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  The final plat may, at the discretion of the planning department, be reviewed in separate
                  phases, provided that the requirements for submission and review of final plats have
                  been met for each phase.
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  The subdivider shall submit two copies of a draft final plat and one digital copy
                  in an acceptable format to the planning department. The planning department shall
                  approve, approve conditionally, or disapprove the draft final plat and shall notify
                  the subdivider, in writing, of its decision regarding final approval within ten working
                  days after the plat is submitted for review. If the development has been installed
                  as specified in the approved preliminary plat, the draft final plat shall be approved.
                  </p>
               		
               <p class="incr2">
                  e.
                  </p>
               		
               <p class="content3">
                  The final plat shall be prepared by a professional land surveyor currently licensed
                  in the state by the state board of examiners for 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, as amended, and set forth in the Standards of Practice for
                  Land Surveying in North Carolina, and in<a href="" data-chunk-id="COOR_CH70SU_ARTIIAPPL_S70-40SPPRPLILDRFIPLRE" class="section-link" data-product-id="12776"> section 70-40</a>.
                  </p>
               		
               <p class="incr2">
                  f.
                  </p>
               		
               <p class="content3">
                  Approval of the final plat by the planning department shall be affixed to the final
                  plat and shall serve as the original for all subsequent copies.
                  </p>
               		
               <p class="incr2">
                  g.
                  </p>
               		
               <p class="content3">
                  The following signed certificates and statements shall accompany or be attached to
                  the final plat:
                  </p>
               		
               
            <p class="bc2">
               <span class="bold">Certificate of Ownership<br>and Dedication</span>
               
               <p class="b1">
                  I 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 subdivision with my (our) free consent,
                  and dedicate all road rights-of-way and other sites and easements to public use as
                  noted in the Disclosure of Private Roadways, where applicable.
                  
                  <div>
                     <div class="" style="width:100%">
                        <table class="thead0 table  left" cellpadding="3" cellspacing="0" border="1" rules="all">
                           <colgroup class="std">
                              <col width="50%">
                              <col width="50%">
                           </colgroup>
                           <tbody>
                              <tr>
                                 <td class=" top "> _____<br>
                                    Date
                                    </td>
                                 <td class=" top "> _____<br>
                                    Owner(s)
                                    </td>
                              </tr>
                           </tbody>
                        </table>
                     </div>
                     <p>&nbsp;</p>
                  </div>
                  
               
            <p class="bc1">
               <span class="bold">Certification of Private Roads<br>(if applicable)</span>
               
               <p class="b1">
                  The roads within this subdivision are designated as private. The road maintenance
                  agreement, in accordance with G.S. 136-102.6, is or will be recorded in the Office
                  of the Register of Deeds for Buncombe County. Buncombe County Government shall not
                  be responsible for maintenance or repair of the roads within this subdivision. I hereby
                  certify that I am the developer and/or financially responsible party of this property
                  shown and described hereon, and shall maintain said private roads and repair any deterioration,
                  defects or defaults, including but not limited to subgrade, base course, or asphalt,
                  until said roads are dedicated to responsible party.
                  
                  <div>
                     <div class="" style="width:100%">
                        <table class="thead0 table  left" cellpadding="3" cellspacing="0" border="1" rules="all">
                           <colgroup class="std">
                              <col width="50%">
                              <col width="50%">
                           </colgroup>
                           <tbody>
                              <tr>
                                 <td class=" top "> _____<br>
                                    Date
                                    </td>
                                 <td class=" top "> _____<br>
                                    Developer/Financially Responsible Party
                                    </td>
                              </tr>
                           </tbody>
                        </table>
                     </div>
                     <p>&nbsp;</p>
                  </div>
                  
               
            <p class="bc1">
               <span class="bold">Certification of Public Roads<br>(if applicable)</span>
               
               <p class="b1">
                  I hereby certify that I am the developer and/or financially responsible party of this
                  property shown and described hereon, and shall maintain the roads within this development,
                  and repair any deterioration, defects or defaults, including but not limited to subgrade,
                  base course, or asphalt, until said roads are dedicated to the North Carolina Department
                  of Transportation or another responsible party.
                  
                  <div>
                     <div class="" style="width:100%">
                        <table class="thead0 table  left" cellpadding="3" cellspacing="0" border="1" rules="all">
                           <colgroup class="std">
                              <col width="50%">
                              <col width="50%">
                           </colgroup>
                           <tbody>
                              <tr>
                                 <td class=" top "> _____<br>
                                    Date
                                    </td>
                                 <td class=" top "> _____<br>
                                    Developer/Financially Responsible Party
                                    </td>
                              </tr>
                           </tbody>
                        </table>
                     </div>
                     <p>&nbsp;</p>
                  </div>
                  
               
            <p class="bc1">
               <span class="bold">Statement of Waste Water<br>Treatment and<br>Water Service<br>(If applicable)</span>
               
               <p class="b1">
                  The waste water treatment and water service are provided by _______ and Buncombe County
                  Government shall not be responsible for maintenance or repair of said waste water
                  treatment and water systems within this subdivision.
                  </p>
               
            <p class="bc1">
               <span class="bold">Certificate of Survey and Accuracy</span>
               
               <p class="b1">
                  State of North Carolina, _______ County, I, _______, certify that this plat 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 (File) _______,
                  Page _______ (Slide) _______, etc.) (other); that the precision of the survey before
                  adjusting was one part in _______ as calculated by latitudes and departures, and that
                  this map was prepared in accordance with G.S. 47-30, as amended. Witness my original
                  signature, registration number, and seal this _____ day of ________, 20 ___.
                  
                  <div>
                     <div class="" style="width:100%">
                        <table class="thead0 table  left" cellpadding="3" cellspacing="0" border="1" rules="all">
                           <colgroup class="std">
                              <col width="50%">
                              <col width="50%">
                           </colgroup>
                           <tbody>
                              <tr>
                                 <td class=" top ">
                                    Official Seal
                                    </td>
                                 <td class=" top "> _____<br>
                                    Professional Land
                                    <br>
                                    Surveyor
                                    </td>
                              </tr>
                              <tr>
                                 <td class=" top "></td>
                                 <td class="left  top "> _____<br>
                                    Registration Number
                                    </td>
                              </tr>
                           </tbody>
                        </table>
                     </div>
                     <p>&nbsp;</p>
                  </div>
                  
               
            <p class="bc1">
               <span class="bold">Certification of Road Grades<br>and Suitability (if applicable)</span>
               
               <p class="b1">
                  State of North Carolina, _______ County, I, _______ certify that the newly constructed
                  or proposed road grades were (calculated by me) (calculated under my supervision)
                  from (an actual survey made by me) (an actual survey made under my supervision) and
                  do not exceed (insert highest approved road grade) percent. Witness my original signature,
                  registration number, and seal this _____ day of ________, 20 ___.
                  
                  <div>
                     <div class="" style="width:100%">
                        <table class="thead0 table  left" cellpadding="3" cellspacing="0" border="1" rules="all">
                           <colgroup class="std">
                              <col width="50%">
                              <col width="50%">
                           </colgroup>
                           <tbody>
                              <tr>
                                 <td class=" top ">
                                    Official Seal
                                    </td>
                                 <td class=" top "> _____<br>
                                    Professional Land
                                    <br>
                                    Surveyor
                                    </td>
                              </tr>
                              <tr>
                                 <td class=" top "></td>
                                 <td class="left  top "> _____<br>
                                    Registration Number
                                    </td>
                              </tr>
                           </tbody>
                        </table>
                     </div>
                     <p>&nbsp;</p>
                  </div>
                  
               
            <p class="bc1">
               <span class="bold">Certificate of Approval</span>
               
               <p class="b1">
                  This final plat has been reviewed by the Buncombe County Planning and Development
                  Department and meets the requirements for a major subdivision. This approval shall
                  be void unless the final plat is recorded in the office of the Buncombe County Register
                  of Deeds within 180 days from the date of approval by the Planning and Development
                  Department.
                  
                  <div>
                     <div class="" style="width:100%">
                        <table class="thead0 table  left" cellpadding="3" cellspacing="0" border="1" rules="all">
                           <colgroup class="std">
                              <col width="50%">
                              <col width="50%">
                           </colgroup>
                           <tbody>
                              <tr>
                                 <td class=" top "> _____<br>
                                    Date
                                    </td>
                                 <td class=" top "> _____<br>
                                    County Planner
                                    </td>
                              </tr>
                           </tbody>
                        </table>
                     </div>
                     <p>&nbsp;</p>
                  </div>
                  
               
            <p class="historynote0">
               (Ord. No. 10-10-05, Â§ 1, 10-5-10;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="816841">
                  Ord. No. 17-01-10
                  </a>
               , Â§ 1, 1-17-17;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="1118554">
                  Ord. No. 21-05-06
                  </a>
               , Â§ 1(Exh. A), 5-4-21)
               </p></div>