State Codes and Statutes
Statutes > North-carolina > Chapter_160A > GS_160A-377§ 160A‑377. 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 city councilor a planning board, other than a planning board comprised solely of members ofa city planning staff, and the ordinance authorizes the council or planningboard to make a quasi‑judicial decision in deciding whether to approvethe subdivision plat, then that quasi‑judicial decision of the council orplanning board shall be subject to review by the superior court by proceedingsin the nature of certiorari. The provisions of G.S. 160A‑381(c), 160A‑388(e2),and 160A‑393 shall apply to those appeals.
(b) When a subdivisionordinance adopted under this Part provides that a city council, planning board,or staff member is authorized to make only an administrative or ministerialdecision in deciding whether to approve a preliminary or final subdivisionplat, then any party aggrieved by that administrative or ministerial decisionmay seek to have the decision reviewed by filing an action in superior courtseeking appropriate declaratory or equitable relief. Such an action must befiled within the time frame specified in G.S. 160A‑381(c) for petitionsin the nature of certiorari.
(c) For purposes ofthis section, an ordinance shall be deemed to authorize a quasi‑judicialdecision if the city council or planning board is authorized to decide whetherto approve or deny the plat based not only upon whether the applicationcomplies with the specific requirements set forth in the ordinance, but also onwhether the application complies with one or more generally stated standardsrequiring a discretionary decision to be made by the city council or planningboard. (2009‑421,s. 2(a).)
