Agenda - 01-06-1992 - Laserfiche WebLink

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15 Ms. Scearbo's proposed changes to Section V -D of our Ordinance, "Final Plat," are totally appropriate. These will streamline the Ordinance. We agree with her proposed change to Section II, "Definitions," in principle. We certainly agree that the Planning Department should approve a plat for recordation which shows any exempt division of land. However, as our Chapter was reviewing this draft at our monthly meet- ing, several questions came up about what the word "status" meant. We propose that the addition here read "The status of Plats fal_1}nE_ un_dec exemptions (1) through ( &) above must be certified on the plat by the Planning Department prior to its recordation . . ." This is clearly consistent with G.S. 47 -30. We also think this is clearly what Ms. Scearbo has proposed. The underlined phrase is merely for added clarity should questions come up in the future. This Amendment also revises Section V- D -6 -a, "Certificates and En- dorsements to Appear on Final Plat." We propose that the proposed new certificate "I, , certify that this survey creates a subdivision within the regulation jurisdiction of Orange County" be deleted and replaced with the following: "The surveyor_shall__al_so certify on the Plat as re-Q fired by G.S. A7-30(f)(11)." This is the same requirement Ms. Scearbo proposes in Section II. These are our reasons for this: First, the purpose of Section (f)(11) of G.S. 47 -30 is to allow the Register of Deeds to know whether to record the plat or to require it to show the proper approvals. Mr. Robert Robinson, Register of Deeds of Brunswick County, and also the Chairman of the Register of Deeds Legislative Committee, asked for this section in G.S. 47 -30. The surveyor has five options. Paraphrased, option (a) is that the survey is a subdivision which needs to be approved. Option (b) is that the survey is a subdivision in a county or part of a county where there is no subdivision ordinance. Option (c) is that the survey is a boundary survey of an existing parcel. Option (d) is that the survey is a division of land which is exempt from the subdivision ordinance. Option (e) says the surveyor does not know which of (a) through (d) apply. Option (b) does not apply to Orange County, since the entire county is covered by some subdivision ordinance. In Buncombe County, for example, a surveyor may certify that his survey is in an area the subdivision ordinance does not cover. He can do this if he feels sure that he can make that_ det_esmination with ggn idenge. If not, he may certify (e). Mr. Robinson initially wanted the surveyor: -to state the jurisdic- tion. This was so he would know which Planning Department to send someone to who wanted to record an unapproved subdivision plat. After objections from -the North Carolina Society of Surveyors that a surveyor could not always tell what jurisdiction a survey fell in, Mr. Robinson dropped that request. Page 2