State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_153A > GS_153A-336

§ 153A‑336.  Appeals ofdecisions on subdivision plats.

(a)        When a subdivisionordinance adopted under this Part provides that the decision whether to approveor deny a preliminary or final subdivision plat is to be made by a board ofcommissioners or a planning board, other than a planning board comprised solelyof members of a county planning staff, and the ordinance authorizes the boardof commissioners or planning board to make a quasi‑judicial decision indeciding whether to approve the subdivision plat, then that quasi‑judicialdecision of the board of commissioners or planning board shall be subject toreview by the superior court by proceedings in the nature of certiorari. Theprovisions of G.S. 153A‑340(f), 153A‑345(e2), and 153A‑349shall apply to those appeals.

(b)        When a subdivisionordinance adopted under this Part provides that a board of commissioners,planning board, or staff member is authorized to make only an administrative orministerial decision in deciding whether to approve a preliminary or finalsubdivision plat, then any party aggrieved by that administrative orministerial decision may seek to have the decision reviewed by filing an actionin superior court seeking appropriate declaratory or equitable relief. Such anaction must be filed within the time frame specified in G.S. 153A‑340(f)for petitions in the nature of certiorari.

(c)        For purposes ofthis section, an ordinance shall be deemed to authorize a quasi‑judicialdecision if the board of commissioners or planning board is authorized todecide whether to approve or deny the plat based not only upon whether theapplication complies with the specific requirements set forth in the ordinance,but also on whether the application complies with one or more generally statedstandards requiring a discretionary decision to be made by the board ofcommissioners or planning board.  (2009‑421, s. 2(b).)