§ 153A-331. Contents and requirements of ordinance.
§ 153A‑331. Contents and requirements ofordinance.
(a) A subdivision control ordinance may provide for the orderlygrowth and development of the county; for the coordination of transportationnetworks and utilities within proposed subdivisions with existing or plannedstreets and highways and with other public facilities; for the dedication orreservation of recreation areas serving residents of the immediate neighborhoodwithin the subdivision and of rights‑of‑way or easements for streetand 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 may require that a plat be prepared, approved,and recorded pursuant to the provisions of the ordinance whenever anysubdivision of land takes place. The ordinance may include requirements thatthe final plat show sufficient data to determine readily and reproduceaccurately on the ground the location, bearing, and length of every street andalley line, lot line, easement boundary line, and other property boundaries,including the radius and other data for curved property lines, to anappropriate accuracy and in conformity with good surveying practice.
(c) A subdivision control ordinance may provide that a developermay provide funds to the county whereby the county 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.
The ordinance may provide that in lieu of required street construction,a developer may provide funds to be used for the development of roads to servethe occupants, residents, or invitees of the subdivision or development. Allfunds received by the county under this section shall be transferred to themunicipality to be used solely for the development of roads, including design,land acquisition, and construction. Any municipality receiving funds from acounty under this section is authorized to expend such funds outside itscorporate limits for the purposes specified in the agreement between themunicipality and the county. Any formula adopted to determine the amount offunds the developer is to pay in lieu of required street construction shall bebased on the trips generated from the subdivision or development. The ordinancemay require a combination of partial payment of funds and partial dedication ofconstructed streets when the governing body of the county determines that acombination is in the best interest of the citizens of the area to be served.
The ordinance may provide for the more orderly development ofsubdivisions by requiring the construction of community service facilities inaccordance with county plans, policies, and standards. To assure compliancewith these and other ordinance requirements, the ordinance may provide forperformance guarantees to assure successful completion of requiredimprovements. If a performance guarantee is required, the county shall providea range of options of types of performance guarantees, including, but notlimited to, surety bonds or letters of credit, from which the developer maychoose. For any specific development, the type of performance guarantee fromthe range specified by the county shall be at the election of the developer.
The ordinance may provide for the reservation of school sites inaccordance with comprehensive land use plans approved by the board ofcommissioners or the planning board. For the authorization to reserve schoolsites to be effective, the board of commissioners or planning board, beforeapproving a comprehensive land use plan, shall determine jointly with the boardof education with jurisdiction over the area the specific location and size ofeach school site to be reserved, and this information shall appear in the plan.Whenever a subdivision that includes part or all of a school site to bereserved under the plan is submitted for approval, the board of commissionersor the planning board shall immediately notify the board of education. Theboard of education shall promptly decide whether it still wishes the site to bereserved and shall notify the board of commissioners or planning board of itsdecision. If the board of education does not wish the site to be reserved, nosite may be reserved. If the board of education does wish the site to bereserved, the subdivision may not be approved without the reservation. Theboard of education must acquire the site within 18 months after the date thesite is reserved, either by purchase or by exercise of the power of eminentdomain. If the board of education has not purchased the site or begunproceedings to condemn the site within the 18 months, the subdivider may treatthe land as freed of the reservation. (1959, c. 1007;1973, c. 822, s. 1; 1975, c. 231; 1987, c. 747, ss. 10, 17; 2005‑426, s.2(b).)