Posts Tagged ‘Land subdivision regulation’

Exactions and Subdivision Approval

Friday, February 1st, 2013

Can a city require sidewalks for a development? Can a county charge fees from a developer for parks?  In North Carolina, what exactions are allowed? The short answer: It depends upon the type of development approval and the underlying statutory authority.  Following the recent decision of Lanvale Properties, LLC v. County of Cabarrus, there is […]

School Impact Fees and Development Regulations: Another Round

Tuesday, October 16th, 2012

In areas experiencing urban growth and development, two questions often arise for local governments.  Do we have the capacity to provide necessary public facilities to serve this development?  If not, how are we going to pay for the needed additional facilities? A range of public services are needed for development — water, sewer, streets, schools, […]

Subdivision Ordinances: What’s Regulated, What’s Not

Thursday, April 21st, 2011

One of my colleagues once said that the law of land subdivision control had to be one of the most obscure and arcane areas of the law that one could imagine. After initially taking offense (since I took some proprietary pride in my knowledge of this subject), it occurred to me that what was needed […]

Snakes with Too Much for Dinner: Conforming to the Transportation Plan

Thursday, January 20th, 2011

UPDATE September 2013:  The North Carolina Department of Transportation has adopted rules and policies concerning the size, location, direction of traffic flow, and the construction of driveway connections into State Highway System roads.  In exercising this authority under G.S. 136-18(29), NCDOT  may require the construction and public dedication of acceleration lanes, deceleration lanes, traffic storage […]

Administrative Decisions by the Planning and Zoning Staff: Who is in the Loop?

Wednesday, February 3rd, 2010

UPDATE September 2013:  In the summer of 2013 the General Assembly enacted legislation that will enable an owner whose property is subject to a decision or interpretation by the zoning administrator or subdivision ordinance administrator to post a sign on the property that a “zoning decision” or “subdivision decision” has been made by the local […]