HomeMy WebLinkAboutAgenda - 09-16-1997 - 8d i
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 16, 1997
Action Agenda
Item No. S-Cl
SUBJECT: Appointment of County Review Officers
DEPARTMENT: Land Records/GIS PUBLIC HEARING: (Y/N)
BUDGET AMENDMENT: (Y/N )
ATTACHMENT(S): INFORMATION CONTACT:
Resolution Roscoe Reeve, ext 2501
Senate Bill 875
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 227-2031
PURPOSE: To consider appointing County Review Officers for the approval of all plats and
surveys to be recorded in Orange County.
BACKGROUND: The North Carolina General Assembly enacted legislation in June 1997 (Senate
Bill 875) designed to improve the procedures for recording maps and plats. The law requires that
all counties appoint a Review Officer to review each map and plat required to be submitted for
review before the map is presented to the register of deeds for recording (NCGS 47-30.2). The
Review Officer shall certify the map or plat if it complies with all statutory requirements for
recording. Each person designated a Review Officer shall, if reasonably feasible, be certified as a
property mapper pursuant to NCGS 147-54.4. The legislation becomes effective October 1, 1997.
RECOMMENDATION(S): The Manager recommends that the Board approve the attached
resolution: 1) appointing certified property mappers from the Land Records/GIS Office to be
Review Officers for Orange County; and 2) stating the form of the certification by the Review
Officer.
i
2
T
NORTH CAROLINA
RESOLUTION
ORANGE COUNTY
WHEREAS, the General Assembly of North Carolina enacted "AN
ACT TO IMPROVE THE PROCEDURES FOR RECORDING MAPS AND PLATS, " S.L.
1997-309 (Senate Bill 875) which Act requires each county of the
State of North Carolina to appoint a Review Officer for that county
on or before October 1, 1997 to perform the duties and perform the
functions called for in the Act.
BE IT RESOLVED that pursuant to N.C. Gen. Stat. S 47-30.2, the
Orange County Board of Commissioners appoints the following
property mappers, certified, pursuant to G.S. 147-54.4, to be
Review Officers to review each map and plat required to be
submitted for review before the map or plat is presented to the
register of deeds for recording:
Roscoe E. Reeve
Patricia B. Smith
Denise Y. Robinson
Penny C. Bryant
Tammy H. Wood
Amy B. Gilbert
said appointments to be effective the lot day of October, 1997.
BE IT FURTHER RESOLVED that the certification to be used by
the Review Officers shall be in the following form:
I, [Name of Review Officer] , Review Officer of Orange
County, certify that the map or plat to which this
certification is affixed meets all statutory requirements for
1
t
2a
recording for which the Review Officer has responsibility as
provided by law.
[Name of Review Officer]
Date of Certification:
Upon motion duly made and seconded, the foregoing resolution
was passed by the following votes:
Ayes: Commissioners
Noes:
I, Beverly A. Blythe, Clerk to the Board of Commissioners for
the County of Orange, North Carolina, DO HEREBY CERTIFY that the
foregoing has been carefully copied from the recorded minutes of
the Board of Commissioners for said County at a regular meeting of
said Board held on , said record having been
made in the Minute Book of the minutes of said Board, and is a true
COPY of so much of said proceedings of said Board as relates in any
way to the passage of the resolution described in said proceedings.
WITNESS my hand and the corporate seal of said County, this
day of , 199_.
Clerk to the Board of Commissioners
lsg-10
revoff.res
2
Full Text of Senate Bill 875
3
GENERAL ASSEMBLY OF NORTH CAROLINA
1997 SESSION
S.L. 1997-309
SENATE BILL 875
Additional Information Available on:
AN ACT TO IMPROVE THE PROCEDURES FOR RECORDING MAPS AND PLATS, TO REVISE
THE LAW GOVERNING THE DISPOSITION OF CERTAIN BIRTH AND DEATH CERTIFICATES,
AND TO ESTABLISH A STUDY OF LAND TITLE REGISTRATION PROCEDURES.
The General Assembly of North Carolina enacts:
Section 1. G.S. 39-32.3 reads as rewritten:
115 39- 32.3. Recordation of plat showing control
corners.
Upon designating a control corner and affixing a permanent
marker, said person, firm or corporation shall cause to be filed in the
office of the register of deeds of the county in which the real estate
development is located a map or plat showing the location of the control
corner or corners and permanent marker or markers with adequate and
sufficient description to enable a surveyor to locate such control corner
or marker. The register of deeds shall not arnept, far regiat•ratinn nr
Ycnnrrl anj_m=p ny—l at of a real i+ai-at;e aijndj vi ci nn nr rievcl nppment mark
after •Tnl� 1 1Qd7 iinlcgc the ln+atinn of grnnh nnntral r+nrner nr nnrnerc
iashoumj'neYenn No map or plat of a real estate subdivision or
development made after July 1, 1947, shall be certified for recording
pursuant to G.S 47-30.2 unless the location of control corners is shown
thereon."
Section 2. G.S. 47-30 reads as rewritten:
115 47- 30. Plats and subdivisions; mapping '
requirements.
(a) Size Requirements. - - All land plats presented to the
register of deeds for recording in the registry of a county in North
Carolina after September 30, 1991, having an outside marginal size of
either 18 inches by 24 inches, 21 inches by 30 inches, or 24 inches by 36
inches, and having a minimum one and one-half inch border on the left side
and a minimum one- half inch border on the other sides shall be deemed to
meet the size requirements for recording under this section. Where size
of land areas, or suitable scale to assure legibility require, plats may
be placed on two or more sheets with appropriate match lines. Counties
may specify either:
(1) Only 18 inches by 24 inches;
(2) A combination of 18 inches by 24 inches and 21
inches by 30 inches;
(3) A combination of 18 inches by 24 inches and 24
inches by 36 inches; or
(4) A combination of all three sizes.
1 of 12 08/22/97 14:34:23
Full Text of Senate Bill 875
' (4) A combination of all three sizes. 4
Provided, that all registers of deeds where specific sizes other than the
combination of all three sizes have been specified, shall be required to
submit said size specifications to the North Carolina Association of
Registers of Deeds for inclusion on a master list of all such counties.
The list shall be available in each register of deeds office by October 1,
1991. For purposes of this section, the terms plat' and 'map' are
synonymous.
(b) Plats to Be Reproducible. - - Each plat presented for
recording shall be a reproducible plat, either original ink on polyester
film (mylar) , or a reproduced drawing, transparent and archival (as
defined by the American National Standards Institute) , and submitted in
this form. The recorded plat must be such that the public may obtain
legible copies. A direct or photographic copy of each recorded plat shall
be placed in the plat book or plat file maintained for that purpose and
properly indexed for use. In those counties in which the register has
made a security copy of the plat from which legible copies can be made,
the original may be returned to the person indicated on the plat.
(c) Information Contained in Title of Plat. - - The title of
each plat shall contain the following information: property designation,
name of owner (the name of owner shall be shown for indexing purposes only
and is not to be construed as title certification) , location to include
township, county and state, the date or dates the survey was made; scale
or scale ratio in words or figures and bar graph; name and address of
surveyor or firm preparing the plat.
(d) Certificate; Form. - - There shall appear on each plat a
certificate by the person under whose supervision such the
survey or such plat was made, stating the origin of the information
shown on the plat, including recorded deed and plat references shown
thereon. The ratio of precision before any adjustments must be shown.
Any lines on the plat that were not actually surveyed must be clearly
indicated and a statement included revealing the source of information.
T}ha avannl-i nn of ciinh narti fi r.=1-am chal l he nnlrnnwi ve1q=ei befnv'° Any
n fi - -r aiithnri-,aA f-n talra ank"nwi aAgmantc h�r tha ragi ct-araA 1 nnri cii rtra 7�nr
1 rai_g than Plat- al 1 ,pl a*a tp ha rannrAaA chat 1 ha probated as
rii raA 1-}1r Inc. fpr the ragi ctrati pn cif Aaurlc where a plat consists
of more than one sheet, only one sheet must contain the certification and
all other sheets must be signed and sealed.
The certificate required above shall include the source of
information for the survey and data indicating the ratio of precision of
the survey before adjustments and shall be in substantially the following
- form:
'I, . . . . . certify that this plat was drawn under my
supervision from an actual survey made under my supervision (deed
description recorded in Book page . . . . . . . , etc.) (other) ;
that the boundaries not surveyed are clearly indicated as drawn from
information found in Book page . . . . . . ; that the ratio of
precision as calculated is 1: . . . . . ; that this plat was prepared in
accordance with G.S. 47- 30 as amended. Witness my original signature,
registration number and seal this . . . . . . . . day of A.D. , 19. . . . .
Seal or Stamp
Surveyor
�v
Registration Number'
2 of 12 08/22/97 14:34:23
Full Text of Senate Bill 875
S r
Tho rani fi nata of t-ho Mntar;r dial l roars ec fn l per_
"Yor-th Carol_
('nim tv
T a Not a-rir Tw b I 1e- t7f the rounttr and state afnresaia. rrartif-Y-
that I a rags etarari I Anri ciirvayn-r personally a ypa-rcri
befnre ma thi c ria* anti ar-knosal aAgari the avQniiti nn of the fnra=nt nc;
i nctrttment wi tnaCQ MJr hanri anti nffi cia1 stem= nr coral thi c Aay�
Of
Ceal nr Ctamn
r;r Di i h 1 i n
W r'nmmi ca ci nn gmxpJ rag
Nothing in this requirement shall prevent the recording of a map
that was prepared in accordance with a previous version of G.S. 47-30 as
i amended, properly signed, and notarized under the statutes applicable at
the time of the signing of the map. However, it shall be the
responsibility of the person presenting the map to prove that the map was
so prepared.
(e) Method of Computation. - - An accurate method of
computation shall be used to determine the acreage and ratio of precision
shown on the plat. Area by estimation is not acceptable nor is area by
planimeter, area by scale, or area copied from another source, except in
the case of tracts containing inaccessible sections or areas. In such
case the surveyor may make use of aerial photographs or other appropriate
aids to determine the acreage of such any inaccessible areas
when such the areas are bounded by natural and visible
monuments. In such case the methods used must be stated on the plat and
all accessible areas of the tract shall remain subject to all applicable
standards of this section.
(f) Plat to Contain Specific Information. - - Every plat shall
contain the following specific information:
(1) An accurately positioned north arrow coordinated
. with any bearings shown on the plat. Indication shall be made as to
whether the north- index is true, magnetic, North Carolina grid ('NAD 83'
or 'NAD 27' ) , or is referenced to old deed or plat bearings. If the north
index is magnetic or referenced to old deed or plat bearings, the date and
the source (if known) such the index was originally
determined shall be clearly indicated.
(2) The azimuth or course and distance of every
property line surveyed shall be shown. Distances shall be in feet or
meters and decimals thereof. The number of decimal places shall be
appropriate to the class of survey required.
(3) All plat distances shall be by horizontal or
grid measurements. All lines shown on the plat shall be correctly plotted
to the scale shown. Enlargement of portions of a plat are acceptable in
the interest of clarity, where shown as inserts. where the North Carolina
grid system is used the grid factor shall be shown on the face of the
plat. If grid distances are used, it must be shown on the plat.
(4) Where a boundary is formed by a curved line, the
following data must be given: actual survey data from the point of
curvature to the point of tangency shall be shown as standard curve data,
or as a traverse of bearings and distances around the curve. If standard
curve data is used the bearing and distance of the long chord (from point
I of curvature to point of tangency) must be shown on the plat.
i
3 of 12 08/22/97 14:34:23
Full Text of Senate Bill 875
6
of curvature to point of tangency) must be shown on the plat.
(5) Where a subdivision of land is set out on the
plat, all streets and lots shall be accurately plotted with dimension
lines indicating widths and all other information pertinent to
reestablishing all lines in the field. This shall include bearings and
distances sufficient to form a continuous closure of the entire perimeter.
(6) Where control corners have been established in
compliance with G.S. 39- 32.1, 39- 32.2, 39- 32.3, and 39- 32.4, as
amended, the location and pertinent information as required in the
reference statute shall be plotted on the plat. All other corners which
are marked by monument or natural object shall be so identified on all
plats, and where practical all corners of adjacent owners along the
boundary lines of the subject tract which are marked by monument or
natural object shall be shown.
(7) The names of adjacent landowners, or lot, block,
parcel, subdivision designations or other legal reference where
applicable, shall be shown where they could be determined by the surveyor.
(8) 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.
(9) Where the plat is the result of a survey, one or
more corners shall, by a system of' azimuths or courses and distances, be
accurately tied to and coordinated with a horizontal control monument of
some United States or State Agency survey system, such as the North
Carolina Geodetic Survey where such the monument is within
2,000 feet of the subject property. Where the North Carolina Grid System
coordinates of said the monument are on file in the North
+---larit- F idrnnmeni- Hcnl h and Ma iirnl T7 cnnr�cc
Carolina D�..p.:- clf .n t��t e,T
office of State Planning, the coordinates of both the referenced
corner and the monuments used shall be shown in X (easting) and Y
(northing) coordinates on the plat. The coordinates shall be identified
as based on 'NAD 83, ' indicating North American Datum of 1983, or as -NAD
27, ' indicating North American Datum of 1927. The tie lines to the
monuments shall also be sufficient to establish true north or grid north
bearings for the plat if the monuments exist in pairs. within a
previously recorded subdivision that has been tied to grid control,
control monuments within the subdivision may be used in lieu of additional
ties to grid control. within a previously recorded subdivision that has
not been tied to grid control, if horizontal control monuments are
available within 2,000 feet, the above requirements shall be met; but in
' the interest of bearing consistency with previously recorded plats,
existing bearing control should be used where practical. In the absence
of Grid Control, other appropriate natural monuments or landmarks shall be
used. In all cases, the tie lines shall be sufficient to accurately
reproduce the subject lands from the control or reference points used.
(10) A vicinity map (location map) shall appear on
the plat.
(11) Notwithstanding any other provision contained in
this section, it is the duty of the surveyor, by a certificate on the face
of the plat, to certify to one of the following:
a. That the survey creates a subdivision
of land within the area of a county or municipality that has an ordinance
that regulates parcels of land;
b. That the survey is located in
such a portion of a county or municipality that is
unregulated as to an ordinance that regulates parcels of land;
C. Any one of the following:
k
1. That the survey is of
4 of 12 08/22/97 14:34:23
Full Text of Senate Bill 875
r
1. That the survey is of 7
an existing parcel or parcels of land- land and does not create
a new street or change an existing street;
2. That the survey is
of an existing building or other structure, or natural feature, such as a
watercourse; or
3. That the survey is
a control survey.
d. That the survey is of another category,
such as the recombination of existing parcels, a court-ordered survey, or
other exception to the definition of subdivision;
e. That the information available to the
surveyor is such that the surveyor is unable to make a determination to
the best of his or her the surveyor's professional ability
as to provisions contained in (a) through (d) above.
However, if the plat contains the certificate of
a surveyor as stated in a. , d. , or e. above, then the plat shall have, in
addition to said surveyor's certificate, a certification of approval, or
no approval required, as may be required by local ordinance from the
appropriate government authority before the plat is presented for
recordation. If the plat contains the certificate of a surveyor as stated
in b. or c. above, nothing shall prevent the recordation of the plat if
all other provisions have been met.
(g) Recording of Plat. - - Vor pl'=cLes of recnrdi ng, the
register of loads shall not be responsible for' In certifying a
plat for recording pursuant to G.S. 47-30.2, the Review Officer shall not
be responsible for reviewing or certifying as to any of the following
requirements of this section:
(1) The nrnvisinna of cn}�cantinn /hl
Subsection (b) of this section as to archi=alT
archival.
J) The prntric i nnc of ciil-icant i nn (A) . avr•apy fnr 1-ha
nota� narti fi Cat,e�
(3) Tha prnvicinnc of cnhcantinn (a) - nr
Subsection (e) of this section.
(4) Th na of cnhAivicipnc (71
. through (Q) of (f) Subdivisions (1) through (10) of
subsection (f) of' this section.
• A plat, when certified pursuant to G.S. 47-30.2 py—re" and
=rnl-�ataA an Z rnv;marl haroi n fnr Aaerlc anA nther nnntre annggWht."
and presented for recording, shall be recorded in the plat book or
plat file and when so recorded shall be duly indexed. Reference in any
instrument hereafter executed to the record of any plat herein authorized
shall have the same effect as if the description of the lands as indicated
on the record of the plat were set out in the instrument.
(h) Nothing in this section shall be deemed to prevent the filing
of any plat prepared by a registered land surveyor but not recorded prior
to the death of the registered land surveyor. However, it is the
responsibility of the person presenting the map to the Review Officer
pursuant to G.S. 47-30.2 to prove that the plat was so prepared. For
preservation these plats may be filed without signature, notary
acknowledgement or probate, in a special plat file.
(i) Nothing in this section shall be deemed to invalidate any
instrument or the title thereby conveyed making reference to any recorded
plat.
k
5 of 12 08/22/97 14:34:23
Full Text of Senate Bill 875
} (j) The provisions of this section shall not apply to boundary 8
plats of areas annexed by municipalities nor to plats of municipal
boundaries, whether or not required by law to be recorded.
(k) The provisions of this section shall apply to all counties in
North Carolina. wber a l nasal law Js in nnnfl i nt With f-lhi c cor•t i nn tho
in f-hic coctinn shall apply Fai111rea of a Plat to nnnfnrm in
all rornii romontc of thi g ctatlit-a -mbal 1 ho cnffi ni ont grniinrlc fn?- Hma
rpcgy„gtor of rlooAc to rofnco 1-n ar+r•taayt tho plat fnr ronnrr9ati nn
(1) The provisions of this section shall not apply to the
registration of highway right- of- way plans provided for in G.S. 136-
19.4 nor to registration of roadway corridor official maps provided in
Article 2E of Chapter 136.
(m) Except as provided in subsection (n) , any map submitted for
inclusion on the public record, whether submitted alone or attached to a
deed or other instrument, shall be prepared by a registered land surveyor.
Such a map shall either (i) have an original personal signature and
original seal as approved by the North Carolina State Board of
Registration for Professional Engineers and Land Surveyors or (ii) be a
copy of a map, already on file in the public record, that is certified by
the custodian of the public record to be a true and accurate copy of a map
bearing an original personal signature and original seal. The presence of
the original personal signature and seal shall constitute a certification
that the map conforms to the standards of practice for land surveying in
North Carolina, as defined in the rules of the North Carolina State Board
of Registration for Professional Engineers and Land Surveyors.
(n) A map that does not meet the requirements of subsection (m)
of this section may be attached to a deed or other instrument submitted
for inclusion in the public record only for illustrative purposes and only
if the map is conspicuously labelled, 'THIS MAP IS NOT A CERTIFIED SURVEY
AND NO RELIANCE MAY BE PLACED IN ITS ACCURACY. '"
Section 3. Article 2 of Chapter 47 of the General
Statutes is amended by adding a new section to read:
"S 47-30.2. Review Officer.
(a) The board of commissioners of each county shall, by
resolution, designate by name one or more persons experienced in mapping
or land records management as a Review Officer to review each map and plat
required to be submitted for review before the map or plat is presented to
the register of deeds for recording. Each person designated a Review
Officer shall, if reasonably feasible, be certified as a property mapper
. pursuant to G.S. 147-54.4. A resolution designating a Review Officer
shall be recorded• in the county registry and indexed on the grantor index
in the name of the Review Officer.
(b) The Review Officer shall review expeditiously each map or
plat required to be submitted to the Officer before the map or plat is
presented to the register of deeds for recording. The Review Officer
shall certify the map or plat if it complies with all statutory
requirements for recording.
Except as provided in subsection (c) of this section, the
register of deeds shall not accept for recording any map or plat required
to be submitted to the Review Officer unless the map or plat has the
certification of the Review Officer affixed to it. A certification shall
be in substantially the following form:
State of North Carolina
County of
6 of 12 08/22/97 14:34:23
Full Text of Senate Bill 875 `
d
I, Review Officer of 9
. . . . . . . . . . . . . . . . . . . County, certify that the map or plat to which this
certification is affixed meets all statutory requirements for
recording.
. . . . . . . . . . . . . . . . . . . . . . . . .
Review
Officer
Date
(c) A map or plat must be presented to the Review Officer
unless the certificate required by G.S. 47-30(f) (11) shows that the map or
plat is a survey within the meaning of G.S. 47-30(f) (II)b. or c. "
Section 4. G.S. 136-102.6 (d) reads as rewritten:
" (d) The right- of- way and construction plans for such public
streets in residential subdivisions, including plans for street drainage,
shall be submitted to the Division of Highways for review and approval,
prior to the recording of the subdivision plat in the office of the
register of deeds. The plat or map required by this section shall not be
recorded by the register of deeds without a certification pursuant to
G.S. 47-30.2 and, if determined to be necessary by the Review Officer,
a certificate of approval by the Division of Highways of the plans for
the public street as being in accordance with the minimum standards of the
Board of Transportation for acceptance of the subdivision street on the
State highway system for maintenance. The Review Officer shall not
certify a map or plat subject to this section unless the new streets or
changes in existing streets are designated either public or private.
The certificate of approval shall not be deemed an acceptance of the
dedication of such the streets on the subdivision plat or
map. Final acceptance by the Division of Highways of such
the public streets and placing them on the State highway system for
maintenance shall be conclusive proof that the streets have been
constructed according to the minimum standards of the Board of
Transportation. "
Section S. G.S. 153A-321 reads as rewritten:
"§ 153A- 321. Planning agency.
A county may by ordinance create or designate one or more agencies
to perform the following duties:
(1) Make studies of the county and surrounding areas;
(2) Determine objectives to be sought in the
development of the study area;
(3) Prepare and adopt plans for achieving these
objectives;
(4) Develop and recommend policies, ordinances,
administrative procedures, and other means for carrying out plans in a
coordinated and efficient manner;
(5) Advise the board of commissioners concerning the
use and amendment of means for carrying out plans;
(6) Exercise any functions in the administration and
enforcement of various means for carrying out plans that the board of
commissioners may direct;
7 of 12 08/22/97 14:34:23
Full Text of Senate Bill 875
j 10
(7) Perform any other related duties that the board
of commissioners may direct.
An agency created or designated pursuant to this section may
include but shall not be limited to one or more of the following, with_
aalr Chaff }hat t-hA hn=rA nF r= CnnCi H=rc = 1-1=t-a
following:
(1) A planning board or commission of any size
(with not lAna fewer than three members) or
composition considered appropriate, organized in any manner considered
appropriate;
(2) A joint planning board created by two or more
local governments according to the procedures and provisions of Chapter
160A, Article 20, Part 1. "
Section 6. G.S. 153A-332 reads as rewritten:
"§ 153A- 332. Ordinance to contain procedure for plat
approval; approval prerequisite to plat recordation; statement by
owner.
A subdivision ordinance adopted pursuant to this Part shall
contain provisions setting forth the procedures to be followed in granting
or denying approval of a subdivision plat before its registration.
The ordinance shall provide that the following agencies be given
an opportunity to make recommendations concerning an individual
subdivision plat before the plat is approved:
(1) The district highway engineer as to proposed
State streets, State highways, and related drainage
systems;
(2) The county health director or local public
utility, as appropriate, as to proposed water or sewerage systems;
(3) Any other agency or official designated by the
board of commissioners.
The ordinance may provide that final approval of each individual
subdivision plat is to be given by:
(1) The board of commissioners,
(2) The board of commissioners on recommendation of
a planning agency, or
(3) A designated planning agency.
From the effective date of rim- hh— a subdivision
ordinance that is adopted by the county, filed wit-h hhe
i Cher of Aee o n nro�n tv
r�3 eA f the no subdivision plat of land within
the county's jurisdiction may be filed or recorded until it has been
submitted to and approved by the appropriate board or agency, as specified
in the subdivision ordinance, and until this approval is entered in
writing on the face of the plat by an authorized representative of the
county. 1-330 nhayrm=n nr head Of the hnarA or age, cy The
Review Officer, pursuant to G.S. 47-30.2, shall not certify
regiatey- of de-As m=3r- nntt film then--A a plat of a subdivision of
land located within the territorial jurisdiction of the county that has
not been approved in accordance with these provisions, and the clerk of
superior court may not order or direct the recording of a plat if the
recording would be in conflict with this section. Th- numer of land
Chnn.n nn = aillneii<si cinn 1= At cis i t-t-saA fe-ir- rj=L�ev,r inq nr 114- a w-box'zed
ate, shall sign a statement an Hhe 1= at .c:t-nt•ing what•h-r anAr lanA chn�+n
t•h-r-nn is it-hi" the anhAivigjnn req3ilntinn I ricAict•inn of tho
8 of 12 08/22197 14:34:23
Full Text of Senate Bill 875
nn,,fity 11 4
11
Section 7. G.S. 160A-361 reads as rewritten:
"§ 160A- 361. Planning agency.
Any city may by ordinance create or designate one or more agencies
to perform the following duties:
(1) Make studies of the area within its jurisdiction
and surrounding areas;
(2) Determine objectives to be sought in the
development of the study area;
(3) Prepare and adopt plans for achieving these
objectives;
(4) Develop and recommend policies, ordinances,
administrative procedures, and other means for carrying out plans in a
coordinated and efficient manner;
(5) Advise the council concerning the use and
amendment of means for carrying out plans;
(6) Exercise any functions in the administration and
enforcement of various means for carrying out plans that the council may
direct;
(7) Perform any other related duties that the
council may direct.
An agency created or designated pursuant to this section may
include, but shall not be limited to, one or more of the fallowing.- .
tai th such staff as the ^nttnni l mA,Tdee�pp-rnpri Aro. following:
(1) A planning board or commission of any size
(with not less fewer than three members) or
composition deemed appropriate, organized in any manner deemed appropriate;
(2) A joint planning board created by two or more
local governments pursuant to Article 20, Part 1, of this Chapter. "
Section 8. G.S. 160A-373 reads as rewritten:
"S 160A- 373. Ordinance to contain procedure for plat
approval; approval prerequisite to plat recordation; statement by
owner.
Any subdivision ordinance adopted pursuant to this Part shall
contain provisions setting forth the procedures to be followed in granting
or denying approval of a subdivision plat prior to its registration.
The ordinance may provide that final approval of each individual
subdivision plat is to be given by
(1) The city council,
(2) The city council on recommendation of a planning
agency, or
(3) A designated planning agency.
From and after the effective date of time t-Inat a
subdivision ordinance that is adopted by the city, filed
-
with the regi ester of rieeric of the � no subdivision plat of land
within the city's jurisdiction shall be filed or recorded until it shall
i
9 of 12 08/22/97 14:34:23
Full Text of Senate Bill 875
have been submitted to and approved by the council or appropriate 12
agency, as specified in the subdivision ordinance, and until this approval
shall have been entered on the face of the plat in writing by the
ch=i-rm=n or hoaA of tho agennic an authorized representative of the
city. The Review Officer, pursuant to G.S. 47=30.2, shall not
certify -rA i gter of A=eds sh=l 1 not f I A nr ronnrd a plat of a
subdivision of land located within the territorial jurisdiction of a city
that has not been approved in accordance with these provisions, nor shall
the clerk of superior court order or direct the recording of a plat if the
recording would be in conflict with this section. ThA num Ar of land
Qbnurn nn a sii rii vi ci nn p n* ciihmi t-t-Arl fnr rpfprrl i ng' nr hi c allt,hOri oA
agent gh=1 1 ci qr+ = cf-nteampnt nn tho plat- Staring WhcthAr nr runt nn4 l=nrl
cu,a_tharann i c c i they thca ciilnrii"ri ci nn r=g3lI a Lti On 3tiri cjlnti nn ok any
r 1T rt
Section 9. G.S. 161-10 (a) (3) reads as rewritten:
11 (3) Plats. -- For each original or revised plat
recorded nineteea de-11=rs_ ($1Q Q�) twenty-one dollars ($21.00)
per sheet or page; for furnishing a certified copy of a plat three
dollars ($3.00) . "
Section 10. G.S. 89C-26 is repealed.
Section 11. G.S. 130A-99 reads as rewritten:
'r§ 130A- 99. Register of deeds to preserve copies
of birth and death records.
(a) The register of deeds of each county shall file and
preserve the copies of birth and death certificates furnished by the local
registrar under the provisions of G.S. 130A- 97, and shall make and keep
a proper index of the certificates. These certificates shall be open to
inspection and examination. Copies or abstracts of these certificates
shall be provided to any person upon request. Certified copies of these
certificates shall be provided only to those persons described in G.S.
130A- 93 (c) .
(b) The register of deeds may remove from the records and
destroy copies of birth or death certificates for persons born or dying in
counties other than the county in which the office of the register of
deeds is located, only after confirming that copies of the birth or death
certificates removed and destroyed are maintained by the State Registrar
or North Carolina State Archives."
Section 12. G.S. 132-3 (a) reads as rewritten:
• , (a) Prohibition. -- No public official may destroy, sell, loan,
or otherwise dispose of any public record, except in accordance with
G c 111- s, G.S. 121-5 and G.S. 130A-99, without the
consent of the Department of Cultural Resources. whoever unlawfully
removes a public record from the office where it is usually kept, or
alters, defaces, mutilates or destroys it shall be guilty of a Class 3
misdemeanor and upon conviction only fined not less than ten dollars
($10.00) nor more than five hundred dollars ($500.00) . "
Section 13. G.S. 121-5(b) reads as rewritten:
" (b) Destruction of Records Regulated. - - No person may
destroy, sell, loan, or otherwise dispose of any public record without the
consent of the Department of Cultural RPenur^o= Resources,
except as provided in G.S. 130A-99. whoever unlawfully removes a
public record from the office where it is usually kept, or alters,
mutilates, or destroys it shall be guilty of a Class 3 misdemeanor and
upon conviction only fined at the discretion of the court.
when the custodian of any official State records certifies to the
Department of Cultural Resources that such records have no further use or
value for official and administrative purposes and when the Department
i
10 of 12 08/22/97 14:34:23
Full Text of Senate Bill 875 `
certifies that such records appear to have no further use or value for 13 y
research or reference, then such records may be destroyed or otherwise
disposed of by the agency having custody of them.
When the custodian of any official records of any county, city,
municipality, or other subdivision of government certifies to the
Department that such records have no further use or value for official
business and when the Department certifies that such records appear to
have no further use or value for research or reference, then such records
may be authorized by the governing body of said county, city,
municipality, or other subdivision of government to be destroyed or
otherwise disposed of by the agency having custody of them. A record of
such certification and authorization shall be entered in the minutes of
the governing body granting the authority.
The North Carolina Historical Commission is hereby authorized and
empowered to make such orders, rules, and regulations as may be necessary
and proper to carry into effect the provisions of this section. when any
State, county, municipal, or other governmental records shall have been
destroyed or otherwise disposed of in accordance with the procedure
authorized in this subsection, any liability that the custodian of such
records might incur for such destruction or other disposal shall cease and
determine. "
Section 14. The Legislative Research Commission may
study the procedures for land title registration pursuant to Chapter 43 of
the General Statutes and make recommendations regarding revisions to the
procedures to improve them. The Commission shall report its findings and
recommendations to the 1998 Regular Session of the 1997 General Assembly.
Section 15. Sections 1 through 10 of this act become
effective October 1, 1997. The remainder of this act is effective when it
becomes law. The removal and destruction by a register of deeds of any
out-of-county birth certificates prior to the effective date of this act
is valid, and the register of deeds is not in violation of G.S. 121-5 or
G.S. 132-3 .
In the General Assembly read three times and ratified
this the 8th day of July, 1997.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
10
11 of 12 08/22/97 14:34:24
Full Text of Senate Bill 875
14
Approved 10:49 a.m. this 17th day of July, 1997
12 of 12 08122/97 14:34:24