AGENDA #4d
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Calling a Public Hearing to Consider Changes to Subdivision Plat Certification Provisions of the Land Use Management Ordinance
DATE: December 6, 2004
Adoption of the attached resolution would call a Public Hearing for February 21, 2005, to consider changes to the plat certification requirements of the Land Use Management Ordinance. The changes would require that the certification be under oath and confirm ownership of the property being subdivided.
DISCUSSION
Recordation of a final subdivision plat is the step in the subdivision process that legally creates the separate lots shown on the plat, allowing them to be sold and developed. The proposed amendment to Section 4.6.11 of the Land Use Management Ordinance would require the party who signs the final plat prior to recordation to verify under oath that he is the owner of the property described and shown on the plat.
We are recommending this change to the text of Section 4.6.11 because of a recent case in which the party who received preliminary plat approval transferred by deed some, but not all, of the subdivided property prior to the final plat being recorded. This created a problem related to the application of the subdivision conditions because the new owner, who recorded the final plat, could not impose conditions of the Council’s subdivision approval (related to buffering) on property that he did not own. Requiring a sworn certification of ownership at the time of final plat recordation will help avoid similar situations in the future.
We believe that this is a reasonable additional step in the Town’s land use regulatory procedures that will improve the Town’s monitoring and enforcement of subdivision conditions of approval established by the Council.
RECOMMENDATION
We recommend that the Council adopt the attached resolution, calling a Public Hearing to consider changes to the regulations of the Land Use Management Ordinance for February 21, 2005.
ATTACHMENT
1. Section 4.6.11 of the Town Land Use Management Ordinance (p. 3).
2. Proposed Amendment to Section 4.6.11 (p. 4).
A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AMENDING PLAT CERTIFICATION REQUIREMENTS IN THE LAND USE MANAGEMENT ORDINANCE (2004-12-06/R-3)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing for 7:00 pm on Monday, February 21, 2005, in the Chapel Hill Town Hall, to consider amending Section 4.6.11 of the Land Use Management Ordinance and refers the attached proposed amendment to the Town Manager and the Planning Board for an opportunity to comment and recommendation.
This the 6th day of December, 2004.
Current Ordinance
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 owner 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."
______________________________
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 that of the town manager shall be notarized by the statement of a notary public entered on the final plat.
Proposed change to Section 4.6.11 of the Land Use Management Ordinance
Revise 4.6.11 Certificates and Endorsements on Final Plat. Sections (b) and (e) as follows:
(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 (e.g., of lot numbers) here) "
______________________________ Date: __________________
(e) Notary public required.
All certification and endorsement signatures on the final plat except that of the town manager shall be signed under oath and notarized by the statement of a notary public entered on the final plat.