§ 160A‑372. Contentsand requirements of ordinance.
(a) A subdivisioncontrol ordinance may provide for the orderly growth and development of thecity; for the coordination of transportation networks and utilities withinproposed subdivisions with existing or planned streets and highways and withother public facilities; for the dedication or reservation of recreation areasserving residents of the immediate neighborhood within the subdivision or,alternatively, for provision of funds to be used to acquire recreation areasserving residents of the development or subdivision or more than onesubdivision or development within the immediate area, and rights‑of‑wayor easements for street and utility purposes including the dedication of rights‑of‑waypursuant to G.S. 136‑66.10 or G.S. 136‑66.11; and for thedistribution of population and traffic in a manner that will avoid congestionand overcrowding and will create conditions that substantially promote publichealth, safety, and the general welfare.
(b) The ordinance mayrequire a plat be prepared, approved, and recorded pursuant to the provisionsof the ordinance whenever any subdivision of land takes place. The ordinancemay include requirements that plats show sufficient data to determine readilyand reproduce accurately on the ground the location, bearing, and length ofevery street and alley line, lot line, easement boundary line, and otherproperty boundaries, including the radius and other data for curved propertylines, to an appropriate accuracy and in conformance with good surveyingpractice.
(c) The ordinance mayprovide for the more orderly development of subdivisions by requiring theconstruction of community service facilities in accordance with municipalplans, policies, and standards. To assure compliance with these and otherordinance requirements, the ordinance may provide for performance guarantees toassure successful completion of required improvements. If a performanceguarantee is required, the city shall provide a range of options of types ofperformance guarantees, including, but not limited to, surety bonds or lettersof credit, from which the developer may choose. For any specific development,the type of performance guarantee from the range specified by the city shall beat the election of the developer.
The ordinance may provide forthe reservation of school sites in accordance with comprehensive land use plansapproved by the council or the planning board. In order for this authorizationto become effective, before approving such plans the council or planning boardand the board of education with jurisdiction over the area shall jointlydetermine the specific location and size of any school sites to be reserved,which information shall appear in the comprehensive land use plan. Whenever asubdivision is submitted for approval which includes part or all of a schoolsite to be reserved under the plan, the council or planning board shallimmediately notify the board of education and the board of education shallpromptly decide whether it still wishes the site to be reserved. If the boardof education does not wish to reserve the site, it shall so notify the councilor planning board and no site shall be reserved. If the board of education doeswish to reserve the site, the subdivision shall not be approved without suchreservation. The board of education shall then have 18 months beginning on thedate of final approval of the subdivision within which to acquire the site bypurchase or by initiating condemnation proceedings. If the board of educationhas not purchased or begun proceedings to condemn the site within 18 months,the subdivider may treat the land as freed of the reservation.
The ordinance may provide thata developer may provide funds to the city whereby the city may acquire recreationalland or areas to serve the development or subdivision, including the purchaseof land that may be used to serve more than one subdivision or developmentwithin the immediate area. All funds received by the city pursuant to thisparagraph shall be used only for the acquisition or development of recreation,park, or open space sites. Any formula enacted to determine the amount of fundsthat are to be provided under this paragraph shall be based on the value of thedevelopment or subdivision for property tax purposes. The ordinance may allow acombination or partial payment of funds and partial dedication of land when thegoverning body of the city determines that this combination is in the bestinterests of the citizens of the area to be served.
The ordinance may provide thatin lieu of required street construction, a developer may be required to providefunds that the city may use for the construction of roads to serve theoccupants, residents, or invitees of the subdivision or development and thesefunds may be used for roads which serve more than one subdivision ordevelopment within the area. All funds received by the city pursuant to thisparagraph shall be used only for development of roads, including design, landacquisition, and construction. However, a city may undertake these activitiesin conjunction with the Department of Transportation under an agreement betweenthe city and the Department of Transportation. Any formula adopted to determinethe amount of funds the developer is to pay in lieu of required streetconstruction shall be based on the trips generated from the subdivision ordevelopment. The ordinance may require a combination of partial payment offunds and partial dedication of constructed streets when the governing body ofthe city determines that a combination is in the best interests of the citizensof the area to be served. (1955, c. 1334, s. 1; 1961, c. 1168; 1971, c. 698, s.1; 1973, c. 426, s. 59; 1985, c. 146, ss. 1, 2; 1987, c. 747, ss. 9, 18; 1989(Reg. Sess., 1990), c. 1024, s. 39; 2005‑426, s. 2(a).)
§ 160A‑372. Contentsand requirements of ordinance.
(a) A subdivisioncontrol ordinance may provide for the orderly growth and development of thecity; for the coordination of transportation networks and utilities withinproposed subdivisions with existing or planned streets and highways and withother public facilities; for the dedication or reservation of recreation areasserving residents of the immediate neighborhood within the subdivision or,alternatively, for provision of funds to be used to acquire recreation areasserving residents of the development or subdivision or more than onesubdivision or development within the immediate area, and rights‑of‑wayor easements for street and utility purposes including the dedication of rights‑of‑waypursuant to G.S. 136‑66.10 or G.S. 136‑66.11; and for thedistribution of population and traffic in a manner that will avoid congestionand overcrowding and will create conditions that substantially promote publichealth, safety, and the general welfare.
(b) The ordinance mayrequire a plat be prepared, approved, and recorded pursuant to the provisionsof the ordinance whenever any subdivision of land takes place. The ordinancemay include requirements that plats show sufficient data to determine readilyand reproduce accurately on the ground the location, bearing, and length ofevery street and alley line, lot line, easement boundary line, and otherproperty boundaries, including the radius and other data for curved propertylines, to an appropriate accuracy and in conformance with good surveyingpractice.
(c) The ordinance mayprovide for the more orderly development of subdivisions by requiring theconstruction of community service facilities in accordance with municipalplans, policies, and standards. To assure compliance with these and otherordinance requirements, the ordinance may provide for performance guarantees toassure successful completion of required improvements. If a performanceguarantee is required, the city shall provide a range of options of types ofperformance guarantees, including, but not limited to, surety bonds or lettersof credit, from which the developer may choose. For any specific development,the type of performance guarantee from the range specified by the city shall beat the election of the developer.
The ordinance may provide forthe reservation of school sites in accordance with comprehensive land use plansapproved by the council or the planning board. In order for this authorizationto become effective, before approving such plans the council or planning boardand the board of education with jurisdiction over the area shall jointlydetermine the specific location and size of any school sites to be reserved,which information shall appear in the comprehensive land use plan. Whenever asubdivision is submitted for approval which includes part or all of a schoolsite to be reserved under the plan, the council or planning board shallimmediately notify the board of education and the board of education shallpromptly decide whether it still wishes the site to be reserved. If the boardof education does not wish to reserve the site, it shall so notify the councilor planning board and no site shall be reserved. If the board of education doeswish to reserve the site, the subdivision shall not be approved without suchreservation. The board of education shall then have 18 months beginning on thedate of final approval of the subdivision within which to acquire the site bypurchase or by initiating condemnation proceedings. If the board of educationhas not purchased or begun proceedings to condemn the site within 18 months,the subdivider may treat the land as freed of the reservation.
The ordinance may provide thata developer may provide funds to the city whereby the city may acquire recreationalland or areas to serve the development or subdivision, including the purchaseof land that may be used to serve more than one subdivision or developmentwithin the immediate area. All funds received by the city pursuant to thisparagraph shall be used only for the acquisition or development of recreation,park, or open space sites. Any formula enacted to determine the amount of fundsthat are to be provided under this paragraph shall be based on the value of thedevelopment or subdivision for property tax purposes. The ordinance may allow acombination or partial payment of funds and partial dedication of land when thegoverning body of the city determines that this combination is in the bestinterests of the citizens of the area to be served.
The ordinance may provide thatin lieu of required street construction, a developer may be required to providefunds that the city may use for the construction of roads to serve theoccupants, residents, or invitees of the subdivision or development and thesefunds may be used for roads which serve more than one subdivision ordevelopment within the area. All funds received by the city pursuant to thisparagraph shall be used only for development of roads, including design, landacquisition, and construction. However, a city may undertake these activitiesin conjunction with the Department of Transportation under an agreement betweenthe city and the Department of Transportation. Any formula adopted to determinethe amount of funds the developer is to pay in lieu of required streetconstruction shall be based on the trips generated from the subdivision ordevelopment. The ordinance may require a combination of partial payment offunds and partial dedication of constructed streets when the governing body ofthe city determines that a combination is in the best interests of the citizensof the area to be served. (1955, c. 1334, s. 1; 1961, c. 1168; 1971, c. 698, s.1; 1973, c. 426, s. 59; 1985, c. 146, ss. 1, 2; 1987, c. 747, ss. 9, 18; 1989(Reg. Sess., 1990), c. 1024, s. 39; 2005‑426, s. 2(a).)
§ 160A‑372. Contentsand requirements of ordinance.
(a) A subdivisioncontrol ordinance may provide for the orderly growth and development of thecity; for the coordination of transportation networks and utilities withinproposed subdivisions with existing or planned streets and highways and withother public facilities; for the dedication or reservation of recreation areasserving residents of the immediate neighborhood within the subdivision or,alternatively, for provision of funds to be used to acquire recreation areasserving residents of the development or subdivision or more than onesubdivision or development within the immediate area, and rights‑of‑wayor easements for street and utility purposes including the dedication of rights‑of‑waypursuant to G.S. 136‑66.10 or G.S. 136‑66.11; and for thedistribution of population and traffic in a manner that will avoid congestionand overcrowding and will create conditions that substantially promote publichealth, safety, and the general welfare.
(b) The ordinance mayrequire a plat be prepared, approved, and recorded pursuant to the provisionsof the ordinance whenever any subdivision of land takes place. The ordinancemay include requirements that plats show sufficient data to determine readilyand reproduce accurately on the ground the location, bearing, and length ofevery street and alley line, lot line, easement boundary line, and otherproperty boundaries, including the radius and other data for curved propertylines, to an appropriate accuracy and in conformance with good surveyingpractice.
(c) The ordinance mayprovide for the more orderly development of subdivisions by requiring theconstruction of community service facilities in accordance with municipalplans, policies, and standards. To assure compliance with these and otherordinance requirements, the ordinance may provide for performance guarantees toassure successful completion of required improvements. If a performanceguarantee is required, the city shall provide a range of options of types ofperformance guarantees, including, but not limited to, surety bonds or lettersof credit, from which the developer may choose. For any specific development,the type of performance guarantee from the range specified by the city shall beat the election of the developer.
The ordinance may provide forthe reservation of school sites in accordance with comprehensive land use plansapproved by the council or the planning board. In order for this authorizationto become effective, before approving such plans the council or planning boardand the board of education with jurisdiction over the area shall jointlydetermine the specific location and size of any school sites to be reserved,which information shall appear in the comprehensive land use plan. Whenever asubdivision is submitted for approval which includes part or all of a schoolsite to be reserved under the plan, the council or planning board shallimmediately notify the board of education and the board of education shallpromptly decide whether it still wishes the site to be reserved. If the boardof education does not wish to reserve the site, it shall so notify the councilor planning board and no site shall be reserved. If the board of education doeswish to reserve the site, the subdivision shall not be approved without suchreservation. The board of education shall then have 18 months beginning on thedate of final approval of the subdivision within which to acquire the site bypurchase or by initiating condemnation proceedings. If the board of educationhas not purchased or begun proceedings to condemn the site within 18 months,the subdivider may treat the land as freed of the reservation.
The ordinance may provide thata developer may provide funds to the city whereby the city may acquire recreationalland or areas to serve the development or subdivision, including the purchaseof land that may be used to serve more than one subdivision or developmentwithin the immediate area. All funds received by the city pursuant to thisparagraph shall be used only for the acquisition or development of recreation,park, or open space sites. Any formula enacted to determine the amount of fundsthat are to be provided under this paragraph shall be based on the value of thedevelopment or subdivision for property tax purposes. The ordinance may allow acombination or partial payment of funds and partial dedication of land when thegoverning body of the city determines that this combination is in the bestinterests of the citizens of the area to be served.
The ordinance may provide thatin lieu of required street construction, a developer may be required to providefunds that the city may use for the construction of roads to serve theoccupants, residents, or invitees of the subdivision or development and thesefunds may be used for roads which serve more than one subdivision ordevelopment within the area. All funds received by the city pursuant to thisparagraph shall be used only for development of roads, including design, landacquisition, and construction. However, a city may undertake these activitiesin conjunction with the Department of Transportation under an agreement betweenthe city and the Department of Transportation. Any formula adopted to determinethe amount of funds the developer is to pay in lieu of required streetconstruction shall be based on the trips generated from the subdivision ordevelopment. The ordinance may require a combination of partial payment offunds and partial dedication of constructed streets when the governing body ofthe city determines that a combination is in the best interests of the citizensof the area to be served. (1955, c. 1334, s. 1; 1961, c. 1168; 1971, c. 698, s.1; 1973, c. 426, s. 59; 1985, c. 146, ss. 1, 2; 1987, c. 747, ss. 9, 18; 1989(Reg. Sess., 1990), c. 1024, s. 39; 2005‑426, s. 2(a).)
