HomeMy WebLinkAboutFw_ Plats _ Review OfficerFyi
________________________________
From: Jay Sikes <jsikes@harnett.org>
Sent: Wednesday, February 14, 2024 11:21 AM
To: Christopher Appel <cappel@harnett.org>; Thomas Royer <troyer@harnett.org>
Cc: Mark Locklear <mlocklear@harnett.org>; Matthew Willis <mwillis@harnett.org>
Subject: RE: Plats / Review Officer
I like it, very simple change.
Matt, this seem OK to you?
Jay Sikes, CFM
Development Services Assistant Director/ Manager of Planning Services
Harnett County Development Services
420 McKinney Pkwy (Physical)
PO Box 65 (Mailing)
Lillington, NC 27546
910-893-7525, x2
910-814-6418
910-814-6459 (fax)
www.harnett.org/planning <http://www.harnett.org/planning>
From: Christopher Appel <cappel@harnett.org>
Sent: Wednesday, February 14, 2024 10:32 AM
To: Jay Sikes <jsikes@harnett.org>; Mark Locklear <mlocklear@harnett.org>
Cc: Thomas Royer <troyer@harnett.org>
Subject: FW: Plats / Review Officer
Here is Thomas’ suggested change for your input
From: Thomas Royer <troyer@harnett.org <mailto:troyer@harnett.org> >
Sent: Wednesday, February 14, 2024 10:25 AM
To: Christopher Appel <cappel@harnett.org <mailto:cappel@harnett.org> >
Subject: RE: Plats / Review Officer
Here is my recommended change to the UDO to clarify that not all maps or plats under NCGS 47-30.2 are required to be reviewed.
10.2.1 Review Officer Appointment.
Pursuant to GS 47-30.2, an appointed Harnett County Review Officer, shall review each map or plat required to be submitted for review prior to being presented to the Register of Deeds
Office for recording.
Thoughts?
Thanks,
Thomas
W. Thomas Royer
Assistant Staff Attorney
County of Harnett
455 McKinney Pkwy
Post Office Box 238
Lillington, NC 27546
P: 910-814-6007
F: 910-814-8261
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From: Matthew Willis <mwillis@harnett.org <mailto:mwillis@harnett.org> >
Sent: Thursday, January 18, 2024 12:35 PM
To: Christopher Appel <cappel@harnett.org <mailto:cappel@harnett.org> >; Thomas Royer <troyer@harnett.org <mailto:troyer@harnett.org> >; Dwight Snow - external <dwight@dsnowattorney.com
<mailto:dwight@dsnowattorney.com> >
Cc: Brent Trout <btrout@harnett.org <mailto:btrout@harnett.org> >; Clint Williams <cwilliams@harnett.org <mailto:cwilliams@harnett.org> >; Jay Sikes <jsikes@harnett.org <mailto:jsikes@harnett.org>
>
Subject: Plats / Review Officer
Good afternoon all. I hope this email finds you well.
As most of you know, NC State Senator Tom McInnis contacted me about an issue with recording a plat. I have also had a couple other surveyors reach out to me asking if I would record
the plats as presented without a review officer signature if the proper certification is present on the plat/map. After speaking with Clint and Sheila in GIS, I was informed that in
Harnett County all plats must be presented to the Review Officer prior to recording. At that time, we were not sure this was required by local ordinance or if it was just a general
rule that has always been in place. With that, I reached out to Melissa Capps, and, with the help of Jay Sikes, they found the following information in the Harnett County UDO:
10.2 Review Officer
10.2.1 Review Officer Appointment
Pursuant to GS 47-30.2, an appointed Harnett County Review Officer, shall review each
map or plat prior to being submitted to the Register of Deeds Office for recording.
10.2.2 Review Officer Location
The Review Officer is located in the GIS/Land Records Division of Harnett County
Not all plats are required to go by the Review Officer. North Carolina General Statute 47-30.2 states:
§ 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
I, ____________, Review Officer of __________ 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 one or more of the
following conditions are applicable:
(1) 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)(11)b. or c.
(2) The map or plat is exempt from the requirements of G.S. 47-30 pursuant to
G.S. 47-30(j) or (l).
(3) The map is an attachment that is being recorded pursuant to G.S. 47-30(n).
(1997-309, s. 3; 1998-228, s. 13.)
North Carolina General Statute 47-30(f)(11) b and c state:
b. That the survey is located in 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:
1. That the survey is of an existing parcel or parcels of land or
one or more existing easements and does not create a new street
or change an existing street. For the purposes of this
subsection, an "existing parcel" or "existing easement" is an
area of land described in a single, legal description or legally
recorded subdivision that has been or may be legally conveyed
to a new owner by deed in its existing configuration.
2. That the survey is of an existing feature, such as a building or
other structure, or natural feature, such as a watercourse.
3. That the survey is a control survey. For the purposes of this
subsection, a "control survey" is a survey that provides
horizontal or vertical position data for support or control of
other surveys or for mapping. A control survey, by itself,
cannot be used to define or convey rights or ownership.
4. That the survey is of a proposed easement for a public utility
as defined in G.S. 62-3.
The statute further states:
If the plat contains the certificate of a surveyor as stated in sub-subdivisions
b. or c. of this subdivision, nothing shall prevent the recordation of the plat if
all other provisions have been met. However, if the plat contains the certificate
of a surveyor as stated in sub-subdivisions a., d., or e. of this subdivision, 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 and the county review officer as
provided in G.S. 47-30.2 before the plat is presented for recordation. The
signing and sealing of the certification as required in subsection (d) of this
section shall satisfy the certification requirement contained in this subsection.
With all of this information, currently Harnett County is requiring all plats to be presented to the Review Officer prior to recording in the Register of Deeds office due to the UDO.
If the plat does not require Review Officer review, it still has to be presented to the Review Officer to have a stamp placed on the plat that no review is required. It is my hopes
that you all will review the general statutes to see if the UDO needs to be amended as to what is required to be presented to the Review Officer. If the surveyor certifies a, d or
e on the plat, then it needs to have the stamp required by local ordinance. If it is b or c, no stamp or review should be required prior to recording.
Thank you in advance for looking at this matter. I am more than happy to answer any questions you may have.
Matthew S. Willis
Register of Deeds
Harnett County, NC
(910) 893-7540
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