Section 606. Begin Construction.

 Upon approval of the preliminary plat by the Planning Board, the subdivider may proceed with preparation of the final plat and the installation of or arrangements for roads, utilities, and other improvements as specified in the approved preliminary plat.

 (1) Improvements Guarantees.

 (a) Agreement and Security Required. In lieu of requiring the completion, installation and dedication of all improvements prior to final plat approval, the Town may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements as specified on the approved preliminary plat, for that portion of the subdivision to be shown on the final plat, within a reasonable time to be determined in said agreement. Once said agreement is signed by both parties and security required herein is provided, the Board of Aldermen shall notify the Planning Board by letter within five (5) working days and the Planning Board may approve the final plat as provided herein.

 To secure this agreement, the subdivider shall provide, subject to the approval of the Board of Aldermen, either one or a combination of the following guarantees not exceeding 1.25 times the entire cost as provided herein:

 -1) Surety Performance Bond(s). The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do business in North Carolina. The bond(s) shall be payable to the Town of Maggie Valley and shall be in an amount equal to 1.25 times the entire cost, as estimated by the Code Enforcement Officer of installing all required improvements as specified on the approved preliminary plat for that portion of the subdivision to be shown on the final plat. The duration of the bond(s) shall be until such time as the improvements are approved by the Board of Aldermen. The Board of Aldermen shall not give said approval until it has been satisfied that all required improvements have been installed.

 -2) Cash or Equivalent Security. The subdivider shall deposit cash or other instrument readily convertible into cash at face value, either with the Town or in escrow with a financial institution designated as an official depository of the Town. The use of any instrument other than cash shall be subject to the approval of the Board of Aldermen. The amount of deposit shall be equal to 1.25 times the cost, as estimated by the Code Enforcement Officer, of installing all required improvements as specified on the approved preliminary plat for that portion of the subdivision to be shown on the final plat.

 If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Board of Aldermen an agreement between the financial institution and himself guaranteeing the following:

 - that said escrow account shall be held in trust until released by the Board of Aldermen and may not be used or pledged by the subdivider in any other matter during the term of the escrow; and

 - 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 Board of Aldermen and submission by the Board of Aldermen to the financial institution of the Code Enforcement Officer's estimate of the amount needed to complete the improvements, immediately either pay to the Town the funds estimated as needed to complete the improvements, up to the full balance of the escrow account, or deliver to the Town any other instruments fully endorsed or otherwise made payable in full to the Town.

 -3) Letter of Credit. A satisfactory, irrevocable letter of credit as approved by the Town Attorney and Board of Aldermen and deposited with the Town Clerk shall be submitted. When a letter of credit is submitted, the following information shall be contained in said letter:

 - shall be entitled "Irrevocable Letter of Credit";

 - shall indicate that the Town of Maggie Valley is the sole beneficiary;

 - the amount (of the Letter of Credit) as approved by the Town ;

 - account number and/or credit number that drafts may be drawn on;

 - list of improvements that shall be built that the letter is guaranteeing;

 - terms in which the Town of Maggie Valley may make drafts on the account;

 - expiration date of the letter.

 (b) Default. Upon default, meaning failure on the part of the subdivider to complete the required improvements in a timely manner as spelled out in the agreement in part (1) of this subsection, then the surety, or the financial institution holding the escrow account shall, if requested by the Board of Aldermen, pay all or any portion of the bond or escrow fund to the Town of Maggie Valley up to the amount needed to complete the improvements based on the Code Enforcement Officer's estimate. Upon payment, the Board of Aldermen, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The Town shall return to the surety or escrow account any funds not spent in completing the improvements.

 (c) Release of Guarantee Security. The Board of Aldermen may release a portion of any security posted as the improvements are completed and recommended for approval by the Code Enforcement Officer. At such time the Board of Aldermen approves all improvements placed in the subdivision as recommended by the Code Enforcement Officer, all security posted shall be immediately released.

Section 607. Final Plat .

 (1) General. No final plat for a major subdivision shall be considered unless it has been preceded by a preliminary plat approved by the Planning Board. The final plat shall constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at the time of submission. No final plat shall be considered unless and until the subdivider shall have installed in that area represented on the final plat all improvements required by this Ordinance as specified in the approved preliminary plat, or financial guarantees of said improvements have been arranged in accordance with Section 606. The subdivider shall submit four (4) copies and one original of the final plat to the Code Enforcement Officer.

 (2) Contents Required. The original of the final plat shall be at a scale of one hundred (100) feet to one (1) inch, or at another scale acceptable to the Code Enforcement Officer, on a sheet of a size and material that will be acceptable to the Register of Deeds of Haywood County, and shall conform substantially to the preliminary plat as approved. The plat shall conform to the provisions of the N.C. General Statutes, Section 47-30, as amended. The final plat shall be prepared by a registered land surveyor currently licensed and registered by the State of North Carolina by the N.C. Board of Registration for Professional Engineers and Land Surveyors, and shall show the following information:

 (a) Subdivision name, North arrow, scale denoted graphically and numerically, date of plat preparation, and township, county and state in which the subdivision is located; and the name(s) of the owner(s) and the registered surveyor (including the seal(s) and registration number(s)).

 (b) The exact boundary lines of the tract to be subdivided fully dimensioned by lengths and bearings, and the location of intersecting boundary lines of adjoining lands.

 (c) The names and deed references (when possible) of owners of adjoining properties and adjoining subdivisions of record (proposed or under review).

 (d) All visible and apparent rights-of-way, watercourses, utilities, roadways, and other such improvements shall be accurately located where crossing or forming any boundary line of the property shown.

 (e) Sufficient engineering data to determine readily and reproduce on the ground every straight or curved boundary line, street line, lot line, right-of-way line, easement line, and setback line, including dimensions, bearings or deflection angles, radii, central angles, and tangent distances for the centerline of curved streets and curved property lines that are not the boundary of curved streets.

 (f) The accurate locations and descriptions of all monument markers and control points.

 (g) The blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block.

 (h) Minimum building setback lines.

 (i) Street names and right-of-way lines of all streets, and the location and width of all adjacent streets and easements.

 (j) The location and dimensions of all rights-of-way, utility, or other easements.

 (k) Forms for final certifications. Where applicable, the following certificates shall be lettered or rubber stamped on the final plat in such a manner as to ensure that said certificates will be legible on any prints made therefrom. Prior to final plat approval, the following certificates shall be signed by the appropriate person.

 -1) Certificate of Ownership

 I(We) hereby certify that I am(we are) the owner(s) of the property shown and described hereon, and that I(we) hereby adopt this plan of subdivision with my(our) free consent, establish minimum building lines and minimum standards for all streets, sewers, water lines, alleys, walks, parks, and other sites. Further, I(we) certify the land as shown hereon is within the platting jurisdiction of the Town of Maggie Valley, North Carolina.

 ________ ___________________

 Date Owner

 ___________________

 Owner

 -2) Certificate of Accuracy

 (As required under General Statutes 47-30 as amended.)

 ________ ___________________

 Date Registered Surveyor

 -3) Certification of Approval of the Instal- lation and Construction of Streets, Utilities and Other Required Improvements

 I hereby certify that streets, utilities, and other required improvements have been installed, or that a guarantee of such installation has been arranged as authorized in Section 606, in accordance with the preliminary plat approved by the Planning Board, and according to Town specifications and standards in the subdivision entitled.

 ________ _________________________

 Date Code Enforcement Officer

 -4) The following statement shall appear on the plat: THIS SUBDIVISION IS LOCATED IN A WATER SUPPLY WATERSHED: DEVELOPMENT RESTRICTIONS MAY APPLY

 (3) Staff Review and Approval. Upon receipt of the final plat in accordance with Section 607(1), the Code Enforcement Officer shall review for compliance with this Ordinance and other ordinances and regulations of the Town. The plat shall be accompanied by written approval from the appropriate agencies that all streets and water and sewer utilities have been installed in accordance with all required specifications, unless a guarantee of such installations has been arranged in accordance with Section 606. Upon receipt of said written approvals, the Code Enforcement Officer shall sign the "Certificate of Approval of the Installation and Construction of Streets, Utilities and Other Required Improvements" as required in Section 607(2). The Code Enforcement Officer shall meet with any person or agency deemed necessary for adequate review of the plat and shall complete such review within fourteen (14) days after submittal. If all applicable requirements of this Ordinance are met the Code Enforcement Officer shall approve the plat and submit it to the Planning Board. If all applicable requirements of this Ordinance are not met the Code Enforcement Officer shall disapprove the plat and return it to the applicant with deficiencies noted.

 (4) Planning Board Review . Upon approval by the Code Enforcement Officer, the final plat shall be submitted to the Planning Board. First consideration shall be at the next regularly scheduled meeting that follows at least seven (7) days after submission. The Planning Board shall make a determination of approval or disapproval of the final plat at its first consideration or at any regular or special meeting within thirty-five (35) days of the plat's first consideration. The Board may extend the review period if it deems necessary in order to obtain additional information necessary for a thorough review of the plat. The Board shall submit its findings to the Board of Aldermen.

 (5) Disposition of Copies. If the final plat is approved by the Planning Board, the original tracing and one (1) print shall be retained by the subdivider, and one (1) print shall be filed with the Town.

 After approval, the following certificate shall be lettered or rubber stamped on the final plat in such a manner as to ensure that said certificate will be legible on any prints made therefrom:

Certificate of Approval.

 I certify that the final plat shown hereon complies with the Maggie Valley Subdivision Regulations and is approved by the Planning Board for recording in the Haywood County Register of Deeds Office.

 ________ __________________________

 Date Chairperson, Town of Maggie Valley Planning Board

Section 608. Recording of the Final Plat.

 Within sixty (60) days after the final plat has been approved , it shall have been recorded with the Register of Deeds of Haywood County. Should the sixty (60) day time limit expire before the plat is recorded, it must be resubmitted in accordance with the provisions of this Ordinance. Upon adoption of this Ordinance, the Register of Deeds of Haywood County shall not thereafter file or record a plat of a subdivision located within the Town of Maggie Valley until said plat has been approved as provided herein. Without such approval, the filing or recording of a subdivision plat shall be void.

Section 609. Effect of Plat Approval on Dedications.

 The approval of a final plat shall not be deemed to constitute or effect the acceptance by the Town of the dedication of any street, public utility line, or other public facility as shown on the plat. The Board of Aldermen shall pass a resolution in order to accept any dedication made to the public of lands or facilities for streets, parks, public utility lines, or other public purposes.

ARTICLE VII

GENERAL REQUIREMENTS

Section 700. Conformity to Existing Maps or Plans.

 The location and width of all proposed streets shall be in conformity with official plans and maps of the Town of Maggie Valley. Where any portion of a subdivision lies within the proposed right-of-way of any major street or road shown on an officially adopted thoroughfare plan of any part of the Town, the street shall be dedicated in the location and width shown on the official plan, provided that no dedication shall be required where right of access from abutting property is denied.

Section 701. Continuation of Adjoining Street System.

 The proposed street layout shall be coordinated with the street system of the surrounding area. Where possible, existing principal streets shall be extended.

Section 702. Access to Adjacent Properties.

 Where, in the opinion of the Planning Board, it is desirable to provide for street access to an adjoining property, proposed streets shall be extended by dedication to the boundary of such property and a temporary turn around shall be provided. Streets shall be designed or walkways dedicated to assure convenient access to adjacent parks, playgrounds, schools and other public places. Dedicated walkways shall not be less than 10 feet wide.

Section 703. Large Tracts or Parcels .

 Where land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further re-subdivision.

Section 704. Alleys.

 Twenty (20') foot alleys shall be provided to the rear of all lots used for other than residential purposes. All dead end alleys shall be provided with a turn around.

Section 705. Street Names.

 Proposed streets which are obviously in alignment with existing streets shall bear the assigned name of the existing streets. In no case shall the name of the proposed streets duplicate or be phonetically similar to existing street names, irrespective of the use of the suffix street, avenue, boulevard, drive, place, court, etc. All street names must be approved by Haywood County 911 Addressing.

Section 706. Surveying and Placement of Monuments .

 "The Manual of Practice for Land Surveying," as adopted by the North Carolina Board of Registration for Professional Engineers and Land Surveyors, under provisions of Chapter 89 of the North Carolina General Statutes, shall apply when conducting surveys.

Section 707. Natural Assets.

 In any subdivision due consideration will be given to preserving natural features such as trees, ponds, streams, rivers, lakes and for any historical sites which are of value not only to the subdivision but to the Town as a whole.

Section 708. Surface Water Run Off

Any property owner, individual, business, or corporation grading lands or making improvements within the Town limits of Maggie Valley, North Carolina, will be required to submit information prepared by a registered engineer or a registered land surveyor sufficient for the Town to adequately review the existing and proposed drainage for the project.

This information must include a plat of the property showing a metes and bounds survey, existing and proposed sub-surface drainage facilities, estimated increased surface drainage following project completion and plans for transfer and disposal of the additional drainage resulting from the development. No building permit will be issued until this information has been submitted, analyzed and the Town is confident that the drainage will not result in damage to adjacent properties or violate NC General Statutes that prohibit illegal transfer of water from one drainage area onto another.

The purpose of this ordinance is to protect the property owners within the Town limits from unplanned construction, inexperienced developers, and others that are not aware of the shallow water table throughout the Town and the increasing difficulties in protecting property rights and our existing drainage facilities.

This ordinance does not relieve the applicant of his responsibility to obtain additional permits as required under the Sedimentation Pollution Control Act of 1973 N.C. General Statute 113A, Article 4.

ARTICLE VIII

IMPROVEMENTS REQUIRED AND MINIMUM STANDARDS OF DESIGN

Section 800. Suitability of Land.

 Where land to be subdivided is found by the Planning Board to be subject to the conditions of flooding, improper drainage, severe erosion, slides, or to have other characteristics which pose an ascertainable danger to health, safety or property, the sub-divider shall take measures necessary to correct said conditions and to eliminate said dangers.

Section 801. Streets and Roads.

 All lots to be platted shall have access to a street, and all proposed streets shall be installed or financially guaranteed as provided in subsection 606(1), and in accordance with the requirements below, prior to final plat approval.

 Within any subdivision, no private drive, as defined in this ordinance, shall be allowed to provide access to more than one (1) lot. All streets shall meet the minimum design and construction standards of the Town of Maggie Valley subdivision road standards. The Town may by resolution, in accordance with Section 609, accept streets for ownership and maintenance. All streets must be paved prior to dedication. All roads not yet accepted by the Town shall be maintained in such a manner as to be safe and passable at all times. If requested by the developer and at the option of the Board of Aldermen, streets may be accepted by the Town for ownership and maintenance in stages as planned by the developer in order to save undue expense to the developer as well as the Town. Private streets are allowable but must meet road standards and right-of-ways as defined by town ordinance. Private streets are allowed but a disclosure statement must be included on the plat so that the buyer is aware that the property owners are responsible for the road maintenance and not a public entity.

Section 802. Water and Sewer Systems.

 The preliminary subdivision plat must be accompanied by satisfactory evidence as to the proposed method and system of water supply and sanitary sewage collection and disposal. Where feasible connections shall be made to the water system owned by the Maggie Valley Sanitary District and the sewer system owned by the Town of Maggie Valley. The installation of all said systems except wells or septic tanks serving only one connection shall be required prior to final plat approval unless financially guaranteed according to subsection 606(1). Said systems may be owned and operated by a public or private entity. Any well or septic tank serving only one connection shall be approved by the Haywood County Health Department. For all new systems or expansion of existing systems serving two or more connections, approval shall be according to state statutes. The preliminary plat shall be accompanied by written assurance from the developer that plans for said new or expansion of existing systems have been approved by the appropriate state and/or local agencies. If the developer wishes to install said new or expanded systems prior to final plat approval, then submission of the final plat shall be accompanied by written approval of the installation of said systems by the appropriate state and/or local agencies. Prior to final plat approval, if the developer wishes to financially guarantee the installation of said systems, then submission of the final plat shall be accompanied by written approval of plans for said systems from the appropriate state and/or local agencies.

Section 803. Sedimentation Control.

 In order to prevent soil erosion and sedimentation pollution of streams, springs, flat water bodies or other drainage networks, and when there are plans for a land disturbing activity of one (1) acre or more, the subdivider shall show proof with the preliminary plat of an erosion and sedimentation control plan which has been approved by the state agency having jurisdiction in accordance with the North Carolina Administrative Code, Title 15, as adopted by the North Carolina Sedimentation Commission, January 11, 1978, as amended.

Section 804. Lots.

 Minimum lot size shall comply with the Maggie Valley Zoning Ordinance. When calculating lot size, street right-of-way and other publicly dedicated areas shall not be included. Whenever the Haywood County Watershed Protection Ordinance requires a larger lot size the watershed requirements shall prevail.

Section 805. Building Setback Lines.

 Building setback lines shall be in accordance with the Maggie Valley Zoning Ordinance.

ARTICLE IX

AMENDMENTS

Section 900. Amendment Procedures.

 This Ordinance may be amended from time to time by the Board of Aldermen as herein specified, but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation. The Planning Board shall have thirty-five (35) days from the date of presentation within which to submit its report. If the Planning Board fails to submit a report within the specified time, it shall be deemed to have approved the amendment.

ARTICLE X

LEGAL PROVISIONS

Section 1000. Penalties for Violation .

 After the effective date of this Ordinance, any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this Ordinance, thereafter subdivides his land in violation of this Ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this Ordinance and recorded in the office of the Haywood County Register of Deeds, shall be guilty of a misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The Town may bring an action for injunction of any illegal subdivision, transfer, conveyance or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the Subdivision Ordinance.

Section 1001. Separability.

 Should any section or provision of this Ordinance be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

Section 1002. Abrogation.

 This Ordinance shall neither repeal, abrogate, annul, impair nor interfere with any existing subdivision, the plats of which are properly recorded in the office of the Register of Deeds prior to the effective date of this Ordinance nor with the existing easements, covenants, deed restrictions, agreements or permits previously adopted or issued pursuant to law prior to the effective date of this Ordinance.

Section 1003. Effective Date.

 This Ordinance shall take effect and be in force from and after its adoption by the Board of Aldermen of the Town of Maggie Valley, this ______ day of __________________, 19____.