GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 473

HOUSE BILL 663

 

AN ACT TO REVISE G.S. 47-30.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 47-30 is rewritten to read:

"§ 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 January 1, 1984, shall have an outside marginal size of not more than 24 inches by 36 inches, nor less than 8-1/2 inches by 14 inches, and shall include a one-half inch border on each side. Registers of Deeds may require a one and one-half inch border on one side for binding. 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 a specific size within the limits of these requirements: Provided, that all Registers of Deeds where a specific size is 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 posted in each Register of Deeds Office. All counties currently operating under statutes or other laws setting forth regulatory size will be allowed to continue to use such sizes as are currently in use until January 1, 1984, on or before which time they shall modify their size to conform to those shown above.

(b)       Plats to be Reproducible. Each plat presented for recording shall be a reproducible plat in linen, film, mylar or other similar, transparent and permanent material and submitted in this form. White prints may be submitted provided the filing officer has access to reproductive facilities to make a permanent master copy thereof by a process from which a direct copy can be made. In any case the process 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. All filing officers are authorized to make permanent master copies of plats that have been recorded and filed before January 1, 1984, and may return the originals to the person offering them for recordation.

(c)       Information Contained in Title of Plat. The title of each plat shall contain the following information: property designation, name of owner, location to include township, county and state, the date or dates the survey was made; scale in feet per inch 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 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 as calculated by latitudes and departures 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. The execution of such certificate shall be acknowledged before any officer authorized to take acknowledgments by the registered land surveyor preparing the plat. All plats to be recorded shall be probated as required by law for the registration of deeds. Where a plat consists of more than one sheet, only the first sheet must contain the certification and all subsequent sheets must be signed and sealed.

The certificate required above shall include the source of information for the survey and data indicating the accuracy of closure of the plat 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 shown as broken lines plotted from information found in Book _____, page ___; 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 _______________________________ Registration Number' The certificate of the Notary shall read as follows:

'North Carolina, ____________ County.

I, a Notary Public of the County and State aforesaid, certify that __________, a registered land surveyor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this _____ day of _____, 19__.

 _________________________________________ Seal-Stamp Notary Public My commission expires _________________.'

(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 copies 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 inaccessible areas when such areas are bounded by natural and visible monuments. The methods used must be fully stated and explained on the face of 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, 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 index was originally determined shall be clearly indicated.

(2)       The azimuth or courses and distances as surveyed of every line 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 lines shall be horizontal (level)            measurements. All information 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 on the same sheet. Where the North Carolina grid system is used the grid factor shall be shown on the face of the plat and a designation as to whether horizontal ground distances or grid distances were used.

(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 of curvature to point of tangency) must be shown on the face of the plat.

(5)       Where a subdivision of land is set out on the plat, all streets and lots shall be carefully 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 all corners of adjacent owners in the boundary lines of the subject tract which are marked by monument or natural object must be shown with a distance from one or more of the subject tract's corners.

(7)       The names of adjacent landowners along with lot, block or parcel identifier and 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 monument of some United States or State Agency survey system, such as the National Geodetic Survey (formerly U.S. Coast and Geodetic Survey) system, where such monument is within 2,000 feet of said corner. Where the North Carolina Grid System coordinates of said monument are on file in the North Carolina Department of Natural Resources and Community Development, the coordinates of the referenced corner shall be computed and shown in X  (easting) and Y (northing) ordinates on the map. In the absence of Grid Control, other appropriate natural monuments or landmarks shall be used.

(10)     A vicinity map shall appear on the face of the plat.

(g)       Recording of Plat. A plat, when proven and probated as provided herein for deeds and other conveyances, when 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. For preservation these plats may be filed without 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.

(j)        The provisions of this section shall not apply to boundary 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 100 counties in North Carolina. Where local law is in conflict with this section, the provisions in this section shall apply. Failure of a plat to conform in all requirements of this statute shall be sufficient grounds for the Register of Deeds to refuse to accept the plat for recordation.

(l)        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."

Sec. 2.  This act shall become effective October 1, 1983.

In the General Assembly read three times and ratified, this the 9th day of June, 1983.