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Agenda - 01-06-1992
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Agenda - 01-06-1992
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BOCC
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1/6/1992
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Regular Meeting
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Agenda
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16 <br />The point is that if the surveyor certifies (b), the plat does not <br />have to be approved by any Planning Department. The Register of Deeds <br />records it if it meets the requirements of G.S. 47 -30. If the surveyor <br />certifies (a), (d), or (e), the plat must-be aporov d by the_Plannina <br />De art The only reason option (a) mentions jurisdiction is to <br />acknowledge that in some counties subdivision plats do not have to be <br />approved. This does not apply to Orange County. <br />Surveyors who work in Orange County will include the phrase <br />"within the area of a county or municipality that has an ordinance that <br />regulates parcels of land" when they choose option (a). G.S. 47 -30 <br />does not require a surveyor to say hich jurisdiction a survey falls <br />into. Since the stated purpose of this Amendment is to make the <br />Subdivision Regulations consistent with G.S. 47 -30, the Subdivision <br />Regulations should not require the surveyor to state that a survey is <br />within Orange County's jurisdiction, either. <br />Second, there are many situations where a surveyor may not know <br />whose jurisdiction a property is in. Our Chapter's committee has had <br />two cases in the last six months where Orange County Planners initially <br />did not know whether a property was in Orange County's jurisdiction. <br />Different maps showed different things. In another case where a <br />property which straddled the Alamance County line, where the property <br />was did not control who approved the subdivision. The county which had <br />it on their assessment roles controlled the jurisdiction. In some <br />cases where the property is in more than one jurisdiction, the rules <br />for deciding who will approve the subdivision seem informal and <br />unwritten. <br />Please remember that a Registered Land Surveyor is a Professional. <br />Unlike a property owner, he cannot ask the Planning Department whether <br />the property is in their jurisdiction and then certify it. Any cer- <br />tification must be his own conclusions based on appropriate references <br />and evidence he has gathered. He has professional liability for his <br />certifications and opinions just as a doctor has for his diagnoses and <br />an attorney has for his opinions. He puts his professional reputation <br />and his livelihood on the line every time he signs a certificate. <br />For a surveyor to sign a certificate as to jurisdiction, we would <br />need one official jurisdiction map. This map would need to show the <br />dividing boundaries in a way that could be legally described. It would <br />need to be certified by all controlling parties (probably Orange <br />County. Town of Hillsborough, Town of Chapel Hill, Town of Carrboro. <br />Alamance County, Chatham County, Durham Couhty, Person County, and <br />Caldwell County). This map would need to be recorded in the Register <br />of Deeds office. <br />Third, except for the surveyor's certificate required by G.S. 47- <br />30, a Registered Land Surveyor is ngver required to certify yes or no <br />about anything. In the case of the G.S. 47 -30 certificate, the sur- <br />veyor is required to certify (1) that he did the survey (or supervised <br />it); (2) the sources he used; (3) the ratio of precision of his tra- <br />verse; and (4) that the plat complies with G.S. 47 -30. The exact <br />Page 3 <br />
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