AGENDA #5
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Land Use Management Ordinance Text Amendment, Changes to Subdivision Plat Certification Provisions
DATE: February 21, 2005
This Public Hearing has been called to consider changes to subdivision 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.
BACKGROUND
On December 6, 2004, the Town Council scheduled this hearing to consider the change to the subdivision certification provisions.
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 or she 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.
RECOMMENDATIONS
Planning Board Recommendation: The Planning Board reviewed the proposed changes on January 4, 2005, and February 1, 2005, and voted unanimously to recommend the changes. Please refer to the attached Summary of Planning Board Action.
Manager’s Preliminary Recommendation: We recommend that the Town Council enact the attached Ordinance to change Section 4.6.11 of the Land Use Management Ordinance regarding subdivision plat certification.
ATTACHMENTS
AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE REGARDING SUBDIVISION PLAT CERTIFICATIONS
WHEREAS, the Council of the Town of Chapel Hill has considered this additional step regarding subdivision plat certification 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; and
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendments to the Land Use Management Ordinance and finds that the amendments are warranted in order to achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill 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 owner 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: __________________“
“(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. “
Section 3. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 4. That these amendments shall become effective upon adoption.
This the ___ day of ____, 2005.