Chapter 148 SUBDIVISION AND LAND DEVELOPMENT. (updated 7-28-08)
Section 148-17 PLAT RECORDATION.
A. Conditions
and procedures.
1. After
approval by the Town Council and
with all endorsements indicated on the record plat, the subdivider
shall record
his record plat in the office of the Clerk of the Circuit Court. No
subdivision
plat may be legally recorded unless it bears the required town
approvals.
2. Such
plat
shall be filed and recorded in the office of the Clerk of the Circuit
Court
where deeds are admitted to record for the lands contained in the plat
and
indexed in the general index of deeds under the names of the owners of
lands
signing such plat and under the name of the subdivision.
3. Any
plat not
recorded within six (6) months after approval by the Town Council shall
be
considered void, and such approval shall be considered withdrawn.
4. The
recordation
of such plat shall operate to transfer in fee simple to the town
such portion of the premises platted and set apart for streets, alleys
or other
public use and to transfer to the town any easement indicated on such
plat to
create a public right of passage over the same; but nothing contained
in this
section shall affect any right of a subdivider of land heretofore
validly
reserved.
B. Upon
the recording of an approved plat in the office of
the Clerk of the Circuit Court, all rights-of-way, easements or other
interest
of the town in the land included on the plat, except as shown thereon,
shall be
terminated and extinguished. However, an interest acquired by the
town by
condemnation or by purchase for valuable consideration and evidenced by
a
separate instrument of record shall not be affected thereby.
C. Where
a developer bonds and records a final plat that is
a section of an approved preliminary plat, the developer shall have the
right
to record the remaining sections shown on the preliminary plat for a
period of
five (5) years from the recordation date of the first section. Said
final plats
and plans shall comply with engineering and construction standards and
zoning
requirements in effect at the time each remaining section is recorded.