§ 47C-2-109. Plats and plans. - North Carolina Statutes

§ 47C‑2‑109. Plats and plans.

(a)        The declarant shall file with the register of deeds in eachcounty where the condominium is located the condominium's plat or plan preparedin accordance with this section. The plat or plan shall be considered a part ofthe declaration but shall be recorded separately, and the declaration shallrefer by number to the file where such plat or plan is recorded. Each plat orplan shall be kept by the register of deeds in a separate file, indexed in thesame manner as a conveyance entitled to be recorded, numbered serially in theorder of receipt, and designated "Condominium" with the name of thebuilding, if any, and shall contain a reference to the book and page numbersand date of the recording of the declaration. Each plat or plan must contain acertification by an architect licensed under the provisions of Chapter 83A ofthe General Statutes or an engineer registered under the provisions of Chapter89C of the General Statutes that it contains all of the information required bythis section.

     (b)Each plat or plan or combination thereof must show:

(1)        The name and a survey or general schematic map of the entirecondominium;

(2)        The location and dimensions of all real estate not subjectto development rights or subject only to the development right to withdraw andthe location and dimensions of all existing improvements within that realestate;

(3)        The location and dimensions of any real estate subject todevelopment rights, labeled to identify the rights applicable to each parcel;

(4)        The extent of any encroachments by or upon any portion ofthe condominium;

(5)        The location and dimensions of all easements having specificlocation and dimensions and serving or burdening any portion of thecondominium;

(6)        The verified statement of an architect licensed under theprovisions of Chapter 83A of the General Statutes or an engineer registeredunder the provisions of Chapter 89C of the General Statutes certifying thatsuch plats or plans fully and accurately depict the layout, location, ceilingand floor elevations, unit numbers and dimensions of the units, as built;

(6a)      The certificate by a registered land surveyor licensed underthe provisions of Chapter 89C of the General Statutes stating that the plats orplans accurately depict the legal boundaries and the physical location of theunits and other improvements relative to those boundaries;

(7)        The locations and dimensions of limited common elements;however, parking spaces and the limited common elements described insubsections 47C‑2‑102(2) and (4) need not be shown, except fordecks, stoops, porches, balconies, and patios;

(8)        A legally sufficient description of any real estate in whichthe unit owners will own only an estate for years, labeled as "leaseholdreal estate";

(9)        The distance between noncontiguous parcels of real estatecomprising the condominium;

(10)      Any unit in which the declarant has reserved the right tocreate additional units or common elements.

(c)        A plat may also show the intended location and dimensions ofany contemplated improvement to be constructed anywhere within the condominium.Any contemplated improvement shown must be labeled either "MUST BEBUILT" or "NEED NOT BE BUILT".

(d)        Upon exercising any development right, the declarant shallrecord either new plats and plans necessary to conform to the requirements ofsubsections (a), (b), and (c) or new certifications of plats and planspreviously recorded if those plats and plans otherwise conform to therequirements of those subsections.

(e)        In order to be recorded, plats or plans filed shall:

(1)        Be reproducible plats or plans on cloth, linen, film, orother permanent material and be submitted in that form; and

(2)        Have an outside marginal size of not more than 21 inches by30 inches nor less than eight and one‑half inches by 11 inches, includingone and one‑half inches for binding on the left margin and a one‑halfinch border on each of the other sides. Where size of the buildings or suitablescale to assure legibility require, plats or plans may be placed on two or moresheets with appropriate match lines.

(f)         The fee for recording each plat or plan sheet submittedshall be as prescribed by G.S. 161‑10(a)(3). (1985 (Reg. Sess., 1986), c. 877, s. 1; 1987, c. 282,s. 8; 1989, c. 571.)