<div class="chunk-title">Sec. 70-75. - Final plat submission and review.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Preparation of final plat for minor subdivision.</span> The developer may proceed directly to the preparation of a final plat for approval
               by the planning board if the proposed development falls within the definition of a
               minor subdivision outlined in <a href="" data-chunk-id="COOR_CH70SU_ARTIIIPRREAPSUPL_S70-73MISU" class="section-link" data-product-id="13953">section 70-73</a>. Only the requirements of this section that are applicable to a minor subdivision
               (as noted) shall be required. Variance requests for plats that may be approved by
               the planning board must be submitted to the board of commissioners. Plats that are
               disapproved by the planning board may be appealed to the board of commissioners.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Submission procedure for minor subdivision plats.</span> The submission procedure is the same as the submission procedure for final plats
               of major subdivisions outlined in subsection (f) of this section.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Review procedure for minor subdivision plats.</span> The review procedure is the same as the review procedure for final plats of major
               subdivisions outlined in subsection (g) of this section.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Preparation of final plats for major subdivisions.</span> Upon approval of the preliminary plat by the board of commissioners, the subdivider
               may proceed with the preparation of the final plat, and the installation of required
               improvements in accordance with the requirements of this chapter. Prior to approval
               of a final plat, the subdivider shall have installed the improvements specified in
               this chapter, or guaranteed their installation as provided herein. The first final
               plat shall be submitted within 18 months and the last final plat within 60 months
               after the date on which the preliminary plat was approved; otherwise, they shall become
               null and void unless an extension of time is applied for and granted by the board
               of commissioners before the date on which they would become null and void. All final
               plats submitted for consideration shall conform substantially to the preliminary plat
               upon which they are based.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Improvements guarantees (major subdivisions only).</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Agreement and security required.</span> A subdivision improvement agreement, the content and requirements of which having
               previously been approved by the board of commissioners, shall be signed by the subdivider
               and filed with the planning department prior to the consideration of any plat. In
               addition, the county may enter into an agreement with the subdivider whereby the subdivider
               shall agree to complete all required improvements not yet installed at the time of
               final plat consideration by the board of commissioners, provided that the subdivider
               submit the appropriate guarantees as listed below, and all other requirements of this
               chapter are met. To secure this agreement, the subdivider shall provide, subject to
               the approval of the board of commissioners, either one, or a combination of the following
               guarantees, not exceeding 1.25 times the entire cost of improvement as provided herein:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               <span class="ital">Cashiers check.</span> The subdivider shall obtain a cashiers check from a bank or other qualified financial
               institution authorized to do business in the state. The check shall be payable to
               Wayne County and shall be in an amount equal to 1.25 times the entire cost, as estimated
               by the subdivider and approved by the planning board, of installing all required improvements.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               <span class="ital">Irrevocable letter of credit.</span> The subdivider shall obtain an irrevocable letter of credit from a bank or other
               qualified financial institution authorized to do business in the state. The amount
               of authorized credit shall be equal to 1.25 times the cost, as estimated by the subdivider
               and approved by the planning board, of installing all required improvements. The wording
               and language of the irrevocable letter of credit shall be approved by the board of
               commissioners. The duration of the letter of credit shall be until such time as the
               improvements are accepted by the board of commissioners.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               <span class="ital">Surety bond.</span> The subdivider shall obtain a surety bond from a company authorized to do business
               in the state. The amount of authorized bond shall be equal to 1.25 times the cost,
               as estimated by the subdivider and approved by the planning board, of installing all
               required improvements.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Default.</span> Upon default, meaning failure on the part of the subdivider to complete the required
               improvements in a timely manner as spelled out in the subdivision improvement agreement
               and/or by this chapter, then the financial institution that issued the cashiers check
               and/or the irrevocable letter of credit shall, if requested by the planning board,
               pay all or any portion of the amount needed to complete the improvements based on
               an engineering estimate. Upon payment, the board of commissioners, in its discretion,
               may expend such portion of said funds as it deems necessary to complete all or any
               portion of the required improvements. The county shall return to the subdivider any
               funds not spent in completing the improvements.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Release of guarantee security.</span> The board of commissioners may release a portion of any security posted as the improvements
               are completed and recommended for approval by the planning department. Within 45 days
               after receiving the planning department's recommendation, the planning board shall
               approve or disapprove said improvements. If the planning board approves said improvements,
               then it shall immediately notify the board of commissioners so that the board of commissioners
               may release any security posted on that portion.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <span class="ital">Defects guarantee.</span> The board of commissioners may require a suitable guarantee from the subdivider as
               outlined in subsection (e)(1) of this section ensuring proper performance of streets,
               curbs, gutters, sidewalks, seeding and grading or road shoulders, drainage facilities,
               water and sewer lines, utility taps, and other improvements for one year. The one
               year shall begin from the date of approval of final plat or approval of improvements
               by the board of commissioners. The guarantee required shall not exceed the amount
               of ten percent of the total cost of the above-mentioned improvements. Release of guarantee
               security shall be in the manner outlined in subsection (e)(3) of this section.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Submission procedure.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The subdivider shall submit two black or blue line copies of the original final plat
               to the planning department not less than 25 days prior to the planning board meeting
               at which it will be reviewed. In lieu of paper a digital copy shall be submitted in
               computer aided design (CAD) format. The final plat shall be prepared by a registered
               land surveyor currently licensed and registered in the state by the state board of
               registration for professional engineers and land surveyors. The final plat shall conform
               to the provisions for plats, subdivisions, and mapping requirements set forth in G.S.
               47-30 and the Standards of Practice for Land Surveying in North Carolina.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The dimensions of the final plat shall be 18 inches by 24 inches and shall be at a
               scale of not less than one inch equals 100 feet. Maps may be placed on more than one
               sheet with appropriate match lines. The original final plat shall be recorded with
               the register of deeds by the planning department once appropriate approval by the
               board of commissioners has been obtained.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Submission of the final plat shall be accompanied by the following:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               A filing fee in accordance with the county's fee schedule.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The appropriate fee for recording with the register of deeds.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               A subdivision improvement agreement, if required by this chapter.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The final plat shall meet the specifications in <a href="" data-chunk-id="COOR_CH70SU_ARTIIIPRREAPSUPL_S70-76INBECODEPRFIPL" class="section-link" data-product-id="13953">section 70-76</a>. The following signed certificates shall appear on all copies of the final plat:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Certificate of ownership and dedication.
               </p>
            		
            <p class="b3">
               I (We) hereby certify that I am (we are) the owner(s) of the property shown and described
               hereon which was conveyed to me (us) by deed recorded in Book _____, Page _____, and
               that I (we) hereby adopt this plan of subdivision with my (our) free consent. Further,
               I (we) certify that the land as shown hereon is within the subdivision regulations
               jurisdiction of Wayne County.
               
               <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>
                                 Owner
                                 </td>
                              <td class=" top "></td>
                           </tr>
                           <tr>
                              <td class=" top "> _____<br>
                                 Date
                                 </td>
                              <td class=" top "></td>
                           </tr>
                        </tbody>
                     </table>
                  </div>
                  <p>&nbsp;</p>
               </div>
               
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Certificate of survey and accuracy. In accordance with G.S. 47-30: There shall appear
               on each plat a certification by the person under whose supervision such survey or
               such plat was made, stating the origin of the information shown on the plat, including
               recorded deed and plat references shown thereon. The ration of precision as calculated
               by latitudes and departures before any adjustments must be shown. Any lines on the
               plat that were not actually surveyed must be clearly indicated and a statement included
               revealing the source of information. The execution of such certificate shall be acknowledged
               before any officer authorized to take acknowledgements by the registered land surveyor
               preparing the plat. All plats to be recorded shall be probated as required by law
               for the registration of deeds. Where a plat consists of more than one sheet, only
               the first sheet must contain the certification and all subsequent sheets must be signed
               and sealed. The certificate required above shall be in substantially the following
               form:
               </p>
            		
            <p class="b3">
               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 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 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. ___.
               
               <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>
                                 Surveyor
                                 </td>
                              <td class=" top "></td>
                           </tr>
                           <tr>
                              <td colspan="2" class=" top "></td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 Seal or Stamp
                                 </td>
                              <td class=" top "></td>
                           </tr>
                           <tr>
                              <td colspan="2" class=" top "></td>
                           </tr>
                           <tr>
                              <td class=" top "> _____<br>
                                 Registration Number
                                 </td>
                              <td class=" top "></td>
                           </tr>
                        </tbody>
                     </table>
                  </div>
                  <p>&nbsp;</p>
               </div>
               
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The certificate of the county health department shall read as follows:
               </p>
            		
            <p class="b3">
               The Wayne County Health Department has performed a soil analysis on each lot within
               this subdivision. Copies of the soil analysis for each lot are available for review
               in the office of Environmental Health Section. THE SOIL ANALYSIS IS NOT A PERMIT OR
               A GUARANTEE THAT A PERMIT WILL BE ISSUED. EACH LOT WILL HAVE TO BE RE-EVALUATED FOR
               AN IMPROVEMENT PERMIT USING STANDARDS CURRENT AT THE TIME PERMITS ARE REQUESTED AND
               A PLOT PLAN SHOWING THE PROPOSED STRUCTURE HAS BEEN MADE AVAILABLE TO THE HEALTH 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>
                                 Wayne County Health Department
                                 </td>
                              <td class=" top "></td>
                           </tr>
                           <tr>
                              <td class=" top "> _____<br>
                                 Date
                                 </td>
                              <td class=" top "></td>
                           </tr>
                        </tbody>
                     </table>
                  </div>
                  <p>&nbsp;</p>
               </div>
               
            <p class="b3">
               In the event that artificial drainage is to be installed within the subdivision the
               following addendum shall also be included:
               </p>
            <p class="b3">
               Artificial drainage has been installed in this subdivision according to plans and
               specifications prepared by (Name of Certifier) and based upon the requirements of
               the Wayne County Health Department to keep the seasonal high water table a minimum
               of 12 inches below the septic tank nitrification lines. Proper landscaping and maintenance
               of these drainage facilities are the responsibility of the property owners to ensure
               that septic tank malfunctions do not occur. The Wayne County Health Department assumes
               no responsibility for the design, maintenance, or the guaranteed performance of the
               artificial drainage measures and their effects.
               
               <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>
                                 Certifier of Drainage Facilities
                                 </td>
                              <td class=" top "></td>
                           </tr>
                           <tr>
                              <td class=" top "> _____<br>
                                 Date
                                 </td>
                              <td class=" top "></td>
                           </tr>
                           <tr>
                              <td class=" top "> _____<br>
                                 Wayne County Sanitarian
                                 </td>
                              <td class=" top "></td>
                           </tr>
                           <tr>
                              <td class=" top "> _____<br>
                                 Date
                                 </td>
                              <td class=" top "></td>
                           </tr>
                        </tbody>
                     </table>
                  </div>
                  <p>&nbsp;</p>
               </div>
               
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               The certificate of approval of the design of streets shall read as follows:
               </p>
            		
            <p class="b3">
               I hereby certify that the streets indicated on this plat have been designed in an
               acceptable manner according to the current North Carolina Department of Transportation
               standards for subdivision street design.
               
               <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>
                                 N.C. District Highway Engineer
                                 </td>
                              <td class=" top "></td>
                           </tr>
                           <tr>
                              <td class=" top "> _____<br>
                                 Date
                                 </td>
                              <td class=" top "></td>
                           </tr>
                        </tbody>
                     </table>
                  </div>
                  <p>&nbsp;</p>
               </div>
               
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               The certificate of approval for recording shall read as follows:
               </p>
            		
            <p class="b3">
               I hereby certify that the subdivision plat shown hereon has been found to comply with
               the Subdivision Regulations of Wayne County, North Carolina, and that this plat has
               been approved for recording in the Office of the Register of Deeds of Wayne County.
               
               <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>
                                 Chairman, Wayne County Board
                                 <br>
                                 of Commissioners
                                 <br>
                                 or Wayne County Planning Board
                                 <br>
                                 or Wayne County Planning Director
                                 </td>
                              <td class=" top "></td>
                           </tr>
                           <tr>
                              <td class=" top "> _____<br>
                                 Date
                                 </td>
                              <td class=" top "></td>
                           </tr>
                        </tbody>
                     </table>
                  </div>
                  <p>&nbsp;</p>
               </div>
               
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Review procedure.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The planning department shall review the submitted plat within 15 days after plat
               submission. If the planning department discovers any plat discrepancies, potential
               violation of any existing government regulations that may apply, or other concerns
               regarding the proposed development, a written opinion shall be provided to the developer
               outlining the actions needed to bring the submitted plat into conformance with the
               county subdivision regulations.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               After the initial submission of a plat to the planning department the subdivider may
               request a delay placing the plat on the planning board's agenda. Subdivision plats
               submitted to the planning department for review must be placed on the board's agenda
               within 60 days from the date of initial submission. During the 60 days, the subdivider
               may withdraw the plat and receive a partial refund of application and recording fees.
               The refund shall be the entire recording fee and 50 percent of the application fee.
               After the 60-day period all fees are forfeited and the plat review process must begin
               again.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               After the initial review by the planning department, the developer shall submit the
               original tracing of the final plat and 14 black or blue line paper prints complete
               with all necessary corrections, to the planning department at least eight days prior
               to the regular meeting of the planning board at which it is to be considered. The
               subdivider shall submit 15 paper copies 11 Ã— 17 inches in size and a digital copy
               in portable document file (pdf) for approval by the board of commissioners. Material
               and drawing medium for the original shall be in accordance with G.S. 47-30, where
               applicable, and the requirements of the county register of deeds.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The planning board shall review the final plat at or before its next regularly scheduled
               meeting which follows at least 25 days after the planning department initially receives
               copies of the final plat, and after comments are received from the appropriate agencies.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               During its review of the final plat, the planning board may appoint a registered land
               surveyor to confirm the accuracy of the final plat. 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.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               The planning board shall recommend approval, conditional approval with recommended
               changes to bring the plat into compliance, or disapproval with reasons, within 60
               days of its first consideration of the plat.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               Failure of the planning board to make a written finding by the second regularly scheduled
               meeting after a plat has been submitted for consideration shall constitute approval
               by the planning board. After the plat has been recommended for approval by the planning
               board, it shall be forwarded to the board of commissioners for approval.
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Approval.
               </p>
            		
            <p class="incr3">
               1.
               </p>
            		
            <p class="content4">
               If the final plat is approved by the board of commissioners, the original tracing
               shall be retained by the planning department, until such time as the developer notifies
               the planning board that he wishes for the original plat to be recorded with the county
               register of deeds. The reproducible copy shall be retained by the planning department
               for its records.
               </p>
            		
            <p class="incr3">
               2.
               </p>
            		
            <p class="content4">
               The subdivider shall notify the planning department to file the approved final plat
               with the register of deeds within six months of the board of commissioner's approval;
               otherwise, such approval shall be null and void.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Conditional approval.
               </p>
            		
            <p class="incr3">
               1.
               </p>
            		
            <p class="content4">
               If the planning board recommends conditional approval of the final plat with modifications
               to bring the plat into compliance, it shall retain one print of the plat for its minutes,
               return its written recommendations, and the original tracing of the plat to the subdivider.
               The subdivider shall have 60 days in which to make the changes needed to bring the
               plat into compliance. The subdivider shall submit the original plat to the planning
               department who will review it to ensure that the recommended changes have been completed.
               If the subdivider fails to resubmit the plats within the 60-day period, then the resubmitted
               final plat must be reviewed again by the planning board before approval can be given.
               </p>
            		
            <p class="incr3">
               2.
               </p>
            		
            <p class="content4">
               If the board of commissioners recommends conditional approval of the final plat with
               modifications to bring the plat into compliance, it shall retain one print of the
               plat for its minutes, return its written recommendations, the original tracing, and
               the reproducible copy of the plat to the subdivider. The subdivider shall have 60
               days in which to make the changes needed to bring the plat into compliance. The subdivider
               shall submit the original plat and the reproducible copy to the planning department
               who will review it to ensure that the recommended changes have been completed. If
               the subdivider fails to resubmit the plats within the 60-day period, then the resubmitted
               final plat must be reviewed again by the planning board before approval can be given.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Disapproval.
               </p>
            		
            <p class="incr3">
               1.
               </p>
            		
            <p class="content4">
               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 chapter with which the
               final plat does not comply. One copy of such reasons and one paper print of the plat
               shall be retained by the planning board as part of its proceedings; one copy of the
               reasons and the original tracing of the plat shall be transmitted to the subdivider.
               The planning board's disapproval may be appealed to the board of commissioners.
               </p>
            		
            <p class="incr3">
               2.
               </p>
            		
            <p class="content4">
               If the planning board recommends disapproval of the final plat, the subdivider may
               submit a revised plat to be considered before the second regularly scheduled meeting
               of the board from the date the plat was disapproved. The developer shall submit the
               plat to be reconsidered, with corrections, to the planning department at least eight
               days prior to the regular meeting of the planning board at which it is to be considered.
               </p>
            		
            <p class="incr3">
               3.
               </p>
            		
            <p class="content4">
               If the planning board disapproves the revised plat, or if the developer does not submit
               a revised plat for consideration at least eight days before the second regularly scheduled
               planning board meeting after the plat was disapproved, the original disapproval shall
               stand and the plat shall become null and void.
               </p>
            		
            <p class="incr3">
               4.
               </p>
            		
            <p class="content4">
               Subdivision plats resubmitted after being disapproved by the planning board as outlined
               above shall be treated as a newly submitted plat. The subdivision application procedure
               must be completed by the developer, as well as payment of all applicable fees.
               </p>
            		
            <p class="historynote0">
               (Ord. of 10-20-2009, Â§ 306; Ord. of 11-16-2010; Ord. of 5-7-2013; Ord. of 4-6-2021)
               </p></div>