§ 1105. Final plat.

1105.1

Preparation of final plat and installation of improvements. Upon approval of the preliminary plat by the planning commission, the subdivider may proceed with the preparation of the final plat and the installation of, or arrangements for, required improvements in accordance with the approved preliminary plat and the requirements of this ordinance. Prior to approval of a final plat, the subdivider shall have installed the improvements specified in this ordinance or guaranteed their installation as provided herein. No final plat will be accepted for review by the planning commission unless accompanied by written notice by the planning manager and the city engineer acknowledging compliance with the improvement and guarantee standards of this ordinance. The final plat shall constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at that time; such portion shall conform to all requirements of this ordinance.

1105.2

Improvement guarantees.

(1)

Agreement and security is required in lieu of the completion and installation of all improvements prior to or concurrent with final plat approval. The city council may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements; once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved for recording by the planning commission if all other requirements of this ordinance are met. To secure this agreement, the subdivider shall provide, subject to the approval of the city council, either one, or a combination of, the following guarantees not exceeding 1.25 times the entire cost as provided herein. The bond or security shall not be considered unless the improvements required by this and other city ordinances have achieved a minimum of 75 percent completion of the initial cost of the subdivision submitted at preliminary plat, as determined by the city engineer.

a.

Surety performance bond(s). The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do business in the state. The bond(s) shall be payable to the city and shall be in the amount equal to 1.25 times the entire cost, as estimated by the subdivider and approved by the city council, of installing all required improvements. The duration of the bond(s) shall be until such time as the improvements are accepted by the city council.

b.

Cash or equivalent security. The subdivider shall deposit cash or other instrument readily convertible into cash at face value, either with the city or in escrow with a financial institution designated as an official depository of the city. The use of any instrument other than cash shall be subject to the approval of the city council. The amount of the deposit shall be equal to 1.25 times the cost, as estimated by the subdivider and approved by the city council, of installing all required improvements. If cash or other instruments are deposited in escrow with a financial institution as provided above, then the subdivider shall file with the city council an agreement between the financial institution and himself guaranteeing the following:

1.

That said escrow account shall be held in trust until released by the city council and may not be used or pledged by the subdivider in any other matter during the term of the escrow; and

2.

That in the case of a failure on the part of the subdivider to complete said improvements, the financial institution shall, upon notification by the city council, immediately either pay the city all funds in said account, or deliver to the city any other instruments fully endorsed or otherwise made payable in full to the city.

(2)

Default. Upon default, meaning failure on the part of the subdivider to timely complete the required improvements, then the city may require the subdivider, the surety, or the financial institution holding the escrow account to pay all or any portion of the bond or escrow account fund to the city. Upon payment, the city council, at its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements.

(3)

Release of guarantee security. The city council may release a portion of any security posted as the improvements are completed and recommended for approval by the planning manager and city engineer or designated agent of the city council. Within ten days after receiving a recommendation of approval, the city council shall approve or not approve said improvements. If the city council approves said improvements, then it shall immediately release any security posted.

1105.3

Final plat submission procedure.

(1)

The subdivider shall submit the final plat, so marked, to the planning manager a minimum of 45 calendar days prior to the next regularly scheduled planning commission meeting that the subdivider desires to be heard. Final disposition will be given within 15 calendar days after the meeting at which it was reviewed. The final plat shall be submitted not more than 12 months after the date on which the preliminary plat was approved, otherwise such approval shall be null and void unless a written extension of this limit is granted by the planning commission on or before the 12-month anniversary of the approval. The final plat shall be prepared by a surveyor or professional engineer licensed and registered to practice in the state.

(2)

The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements as set forth in title 6, chapter 29 of the Code of Laws of South Carolina, South Carolina Local Government Comprehensive Planning Enabling Act of 1994 as amended. Survey standards can be found in appendix A-1 of this ordinance.

(3)

Twelve full-size (24 inches by 36 inches) and two reduced size (11 inches by 17 inches) paper copies and one Mylar copy of the final plat shall be submitted to the planning manager. Additionally, a digital copy of the subdivision plat and supporting data shall be submitted. The digital submittal must be in .jpeg or .pdf format.

(4)

Final plats shall be of a size suitable for recording with the county clerk of court by the subdivider and shall be of a scale of not less than one inch equals 200 feet. Maps may be placed on more than one sheet with appropriate match lines.

(5)

Submission of the final plat shall be accompanied by a filing fee in accordance with the fee schedule adopted by the city council.

(6)

The final plat shall meet the specifications of section 1105.4.

1105.4

Final plat content. If the final plat is drawn in two or more sections, each section must be accompanied by a key map showing the location of the several sections. Final plats must be drawn at a scale of 200 feet to one inch, or greater, and must contain the following specific information:

(1)

Name of owner of record.

(2)

Name of subdivision and identification number assigned, date, north arrow, and graphic scale.

(3)

Name, registration number, and seal of registered surveyor.

(4)

Sufficient surveying data to determine readily and reproduce accurately on the ground the location, bearing, and length of every street line, lot line, easement, boundary line, and building line whether curved or straight. This shall include the radius, point of tangent, and other data for curved property lines and curved streets, to an appropriate accuracy and in conformance with good surveying practice (see appendix A-1 [to this ordinance], survey standards).

(5)

Names of owners of record of all adjoining land and all property boundaries, watercourses, streets, easements, utilities and other such improvements, which cross or form a boundary line of the tract being subdivided.

(6)

Exact boundaries of the tract of land being subdivided as noted in the survey standards of this ordinance.

(7)

Streets, rights-of-way, percent of grades and street names.

(8)

Rights-of-way and easement; location, widths, and purposes.

(9)

Lot lines, minimum structure setback lines, and lot and block indicators.

(10)

Any parks, school sites, or other public open spaces that exist or are proposed.

(11)

All dimensions shall be to the nearest [0].001 of a foot and angles to the nearest 20 seconds.

(12)

Accurate description of the location of all monuments and markers.

(13)

Location, dimension and type of all easements (existing and proposed).

(14)

The following signed certificates must appear on or be attached to the final plat which is submitted to the planning commission by the subdivider:

a.

Certificate of approval for recording.

I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations of the City of Tega Cay, South Carolina, and that this plat has been approved for recording in the office of the Clerk of Court of York County, South Carolina.

City Seal	_____ City Manager
_____ Date	_____ Tega Cay, South Carolina

 

b.

Certificate of accuracy. See appendix A-1 of this ordinance for survey standards.

c.

The following signed certificate. This certificate should be submitted separate from the final plat.

I hereby certify that the streets, drainage system, sewer system and water system in ___________ Subdivision as shown on the plat dated ________ has been installed in accordance with the preliminary plat (construction drawings) approved ________.

Seal	_____ Registered Engineer

 

1105.5

Review procedure.

(1)

The planning commission shall review the final plat submitted a minimum of 45 calendar days prior to its next regularly scheduled meeting that [at which] the subdivider desires to be heard. The planning commission will approve or disapprove the final plat within 15 calendar days of the hearing. Failure to act within 60 days of receipt of the completed and accepted final plat and supporting data shall be considered to constitute approval.

(2)

The planning commission shall, in writing, approve or disapprove with recommended changes to bring the plat into compliance, or disapprove with reasons.

(3)

If the planning commission disapproves of the final plat, it shall instruct the subdivider concerning resubmission of a revised plat and the subdivider may make such changes as will bring the plat into compliance with the provisions of this ordinance and resubmit for reconsideration by the planning commission or appeal the decision to the circuit court within 30 days after actual notice of the decision.

(4)

If the planning commission approves the final plat, the certificate, as provided for at section 1105.4.1, shall be signed on all copies.

(5)

The subdivider is responsible for submitting a digital copy of the approved final plat in either .dwg or .dxf file format to the county public safety communications.