§ 44-166. Final plat and/or plan recording procedures (platting requirements).

The purpose of providing for plat and planned development recording procedures is to ensure that the platting and recording of official lots of record and planned unit developments are promulgated according to community standards and the standards of this chapter. Such standards shall provide required lots of adequate size, configuration, and appropriate design for the intended use. Such standards also shall allow for design flexibility and creativity, and shall in the case of planned developments provide for street and utility systems of adequate capacity.

(1)

Plat/plan approval authority. The planning commission shall be the official platting authority.

a.

Platting required. After the date of adoption of this chapter, platting shall be required for the establishment of any lot, parcel, tract, or any new residential, commercial, or industrial site, and, in addition, any person proposing to divide or subdivide land shall submit to the planning commission any plats and plans of any proposed division, subdivision, or planned development which shall conform to any division, subdivision, or planned development requirements set forth in this chapter. Any intended structures proposed to be sited on any platted site shall be sited on same.

b.

Final plat/plan approval required prior to clearing and grading streets. No clearing or grading of any purposed (proposed) streets shall begin prior to approval of a subdivision plat or plan by the planning commission as certified thereon. This prohibition shall extend to any other improvement related to the development of the proposed subdivision or planned development.

c.

Development plans approval required prior to construction of improvements. No subdivision or planned development improvement shall commence prior to the approval of development plans by the planning commission.

d.

Recording of plat required prior to sale of lot. No land owner shall sell or otherwise convey any lot or combination of lots for any purpose whether a single lot or lots in a proposed subdivision or planned development by reference to or exhibition of or by any other use of plat, plan, or such subdivision, until such plat or plan has been given final approval by the planning commission, as certified thereon, and recorded in the office of the clerk of the superior court of McDuffie County.

e.

Submission of "as-built" plans prior to final acceptance by governing body. Final acceptance of improvements in any subdivision or development which vary substantially from approved development plans shall not be given by the planning commission prior to the submission and approval of "as-built" plans and any other technical information which may be required.

f.

Legal status of public street required. No land dedicated as a public street shall be accepted, opened, or improved, nor shall any utilities or other facilities be installed therein unless such street corresponds in its location and lines with a street shown on a plat approved by the planning commission. Streets which shall have been accepted or opened as, or otherwise shall have received the legal status of a public street prior to the adoption of these regulations may be improved, or utilities or other facilities may be installed therein. The governing body, however, may locate and construct or may accept any other street, if the resolution or other measure for such approval is first submitted to the planning commission for its review and comment.

g.

Access to public street required. No building permit shall be issued for and no building or other structure shall be erected on any lot unless such lot has access to a street which shall have been accepted, maintained, or opened, or otherwise shall have received the legal status of, a public street; provided, however, that private streets and other drive accessways may be approved (but not accepted by the county) under the terms of these rules and regulations in planned developments, condominium projects, apartment projects, townhouses, commercial developments, shopping centers, or other developments where it is established that the owner/developer shall maintain ownership and control over such streets, roads, and other improvements.

(2)

Recording of final plat/plan. Upon the approval of a final plat or plan by the planning commission board or development code administrator, the owner, or his agent, shall have the final plat or plan recorded in the office of the clerk of the superior court for the sale of any lot, or lots in a planned development.

No plat shall be changed or modified prior to recording once approval has been received from the planning commission board or development code administrator.

a.

Changes to final plat or plan. During the course of development construction in accordance with an approved final plat or plan, unforeseen circumstances may arise that require a technical change in the final plat or plan specifications. Where the need for such modifications arise during the construction process, the applicant shall request approval of any final plat or plan modifications from the development code administrator prior to final construction. Neither McDuffie County nor any official or body of the county shall assume liability or responsibility for any defects in construction.

b.

Requirement for "as-built" plans and other technical information.

1.

Preparation and specifications. After the preparation of the final plat, and before any improvements are accepted for maintenance by the local government, and before the subdivider or his agent are released from any bond requirement specified herein, the development code administrator shall receive formal written notice that all improvements have been installed as approved. Where said improvements have been installed in such a manner as to substantially vary from the final plat or plan in accordance with a modification approved by the planning commission, the applicant shall prepare and submit to the development code administrator a copy of "as-built" development plans and other technical information which may be needed.

2.

Scale. The "as-built" plans shall be clearly and legibly drawn at a scale of 100 feet to one inch, or the same scale as the final plat.

3.

Sheet size. The "as-built" plans shall be drawn in ink on suitable permanent reproducible material, on sheets 36 inches by 24 inches. If the complete plans cannot be shown on one sheet, it may be shown in sections on more than one sheet with an index map drawn at a reduced scale. In addition, one set shall be submitted in a format of 11″ × 17″ or smaller.

4.

Ground elevations. The "as-built" plans shall show ground elevations, based on the datum plane of the U.S. Coast and Geodetic Survey, with a contour interval of five feet (or less if determined necessary by the development code administrator).

5.

Existing conditions to be shown on "as-built" plans. In such instances where there have been substantial variations from approved development plans, the planning commission shall require each of the following, as applicable, or any additional information required:

(i)

Final profiles of grades for streets.

(ii)

Final plan of sanitary sewers with grade, pipe sizes, and point of discharge.

(iii)

Final plan of storm drainage system with grade, pipe sizes, and location of outlets.

(iv)

Final plan of water supply system with pipe sizes, location of hydrants, and valves.

(v)

A complete listing of the deviations from the approved development plans made by the subdivider.

6.

Certification of improvements prior to acceptance by the governing body. The planning commission and the development code administrator shall not recommend that any subdivision or development improvements be accepted for maintenance by the local government unless they have been installed in accordance with approved development plans or approved "as-built" plans and other technical information which may be required.

(Ord. of 3-23-99, Art. VIII, § 8)