Agenda - 1-5-15 Reg. Meeting - Laserfiche WebLink

Home Browse Search

Get a Document - by Citation - N.C. Gen. Stat. § 136 -102.6 Page 3 of 4 013 the State highway system for maintenance, or that full and accurate disclosure of the responsibility for construction and maintenance of private streets be made. This section shall be construed and applied in a manner which shall not inhibit the ability of public utilities to satisfy service requirements of subdivisions to which this section applies. (j) The Division of Highways and district engineers of the Division of Highways of the Department of Transportation shall issue a certificate of approval for any subdivision affected by a transportation corridor official map established by the Board of Transportation only if the subdivision conforms to Article 2E of this Chapter or conforms to any variance issued in accordance with that Article. (k) A willful violation of any of the provisions of this section shall be a Class 1 misdemeanor. HISTORY: 1975, c. 488, s. 1; 1977, c. 464, ss. 7.1, 8; 1987, c. 747, s. 21; 1993, c. 539, s. 996; 1994, Ex. Sess., c. 24, s. 14(c); 1997 -309, s. 4; 1998 -184, s. 3. NOTES: CROSS REFERENCES. - -As to subdivision regulation in counties, see G.S. 153A -330 et seq. As to subdivision regulation in cities, see G.S. 160A -371. EDITOR'S NOTE. -- Session Laws 1987, c. 747, which amended this section, provided in s. 25 that as used in the act, the word "municipality" means a "city" as defined by G.S. 160A -1. Session Laws 2007 -440, s. 1, provides: "Notwithstanding the provisions of G.S. 136 -102.6 (c), (d), and (i), with respect to a subdivision plat for land located within the extraterritorial planning jurisdiction of any municipality having a population of at least 500,000, if said plat includes one or more streets approved for construction by the municipality as meeting the public street standards of the municipality prior to June 1, 2007, and said plat has not received a certificate of approval from the Division of Highways: "(1) The right -of -way and design of any street designated as public on said plat and approved for construction by the municipality prior to June 1, 2007, need not be in accordance with the minimum right -of -way and construction standards established by the Board of Transportation for acceptance on the State highway system. "(2) Said subdivision plat shall be recorded by the register of deeds without a certificate of approval by the Division of Highways if the final plat has been approved by the municipality. "(3) If and to the extent that any street designated as public on said plat meets the applicable public street standards of such municipality, said street shall be exempt from any ordinance requirement that the street also meet the standards of the North Carolina Department of Transportation and may be given final plat approval by the municipality." Session Laws 2007 -440, s. 2, provides: "To the extent that any plats are recorded pursuant to this act, the disclosure statement required by G.S. 136- 102.6(f) shall fully and completely disclose that any street designated as public on said plats has not been approved by and will not be accepted for maintenance by the Division of Highways and shall inform the buyer that the municipality cannot and will not accept the street until it comes within the corporate limits of the municipality through annexation and shall also disclose the arrangements that have been made to ensure the maintenance of the street prior to acceptance by the municipality." CASE NOTES CITED in DOT v. Haggerty, 127 N.C.App. 499, 492 S.E.2d 770 (1997). OPINIONS OF THE ATTORNEY GENERAL THE SECTION DOES NOT APPLY TO SUBDIVISIONS WHICH WERE PLATTED AND RECORDED PRIOR TO OCTOBER 1, 1975, the effective date of the section. This section is not applicable to the sale of a one -acre building site as a separate transaction from a 100 -acre farm tract unless it involves the laying out or the dedication of a new street or the changing of an existing street. Therefore, if the subdivision only contains private streets, the register of deeds may record the plat without any certification by the Department of Transportation. Opinion of Attorney General http: // www.lexis.com /researchlretrieve? m= d628ebO9de4b4O6l84c7514eOfac4ac5& bro... 12/18/2014