AGENDA #4h

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Land Use Management Ordinance Text Amendment, Changes to Subdivision Plat Certification Provisions

 

DATE:             March 7, 2005

 

 

INTRODUCTION

 

Enactment of the attached Ordinance would amend the Land Use Management Ordinance to require that the subdivision plat certification be under oath and confirm ownership of the property being subdivided. 

 

BACKGROUND

 

On February 21, 2005, the Town Council held a Public Hearing to consider changes to the subdivision certification provisions.  No issues were raised at the Public Hearing.

 

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 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

 

  1. February 21, 2005 Memorandum and its related attachments (p. 5).

 

 

AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE REGARDING SUBDIVISION PLAT CERTIFICATIONS (2005-03-07/O-6)

 

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:

 

Section 1.  Section 4.6.11, Certificates and Endorsements on Final Plat, Section (b) of the Chapel Hill Land Use Management Ordinance is hereby revised to read 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:  __________________“

 

Section 2.  Section 4.6.11, Certificates and Endorsements on Final Plat, Section (e) of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:

 

“(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 7th day of March, 2005.