160D-806. Effect of plat approval on dedications.
The approval of a plat shall not be deemed to constitute the acceptance by the local government or public of the dedication of any street or other ground, public utility line, or other public facility shown on the plat. However, any governing board may by resolution accept any dedication made to the public of lands or facilities for streets, parks, public utility lines, or other public purposes, when the lands or facilities are located within its planning and development regulation jurisdiction. Acceptance of dedication of lands or facilities located within the planning and development regulation jurisdiction but outside the corporate limits of a city shall not place on the city any duty to open, operate, repair, or maintain any street, utility line, or other land or facility, and a city shall in no event be held to answer in any civil action or proceeding for failure to open, repair, or maintain any street located outside its corporate limits. Unless a city, county, or other public entity operating a water system shall have agreed to begin operation and maintenance of the water system or water system facilities within one year of the time of issuance of a certificate of occupancy for the first unit of housing in the subdivision, a city or county shall not, as part of its subdivision regulation applied to facilities or land outside the corporate limits of a city, require dedication of water systems or facilities as a condition for subdivision approval. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 160D - Local Planning and Development Regulation
Article 8 - Subdivision Regulation.
§ 160D-803 - Review process, filing, and recording of subdivision plats.
§ 160D-804 - Contents and requirements of regulation.
§ 160D-804.1 - Performance guarantees.
§ 160D-805 - Notice of new subdivision fees and fee increases; public comment period.
§ 160D-806 - Effect of plat approval on dedications.
§ 160D-807 - Penalties for transferring lots in unapproved subdivisions.