NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

CHAPTER 398

SENATE BILL 252

AN ACT AUTHORIZING THE REQUIREMENT OF SUBDIVISION IMPROVEMENTS IN UNION COUNTY AS A CONDITION PRECEDENT TO PLAT APPROVAL.

The General Assembly of North Carolina do enact:

Section 1. Any subdivision ordinance adopted by Union County pursuant to the provisions of Article 20A of Chapter 153 of the General Statutes of North Carolina may include, as a condition of plat approval, requirements as to the improvement and grading of streets, and requirements as to the construction and installation of street pavement, curbs and gutters, sidewalks, water, sewer, surface water drainage, and other utility mains.

Sec. 2. Such ordinance may provide that in lieu of the completion of such work and installations prior to the final approval of a plat, the County Commissioners may accept a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the county the actual construction and installation of such improvements and utilities within a period specified by the County Commissioners and stated in the bond. The County is hereby granted the power to enforce such bonds by all appropriate legal and equitable remedies.

Sec. 3. In the case of improvements to be dedicated to or maintained by a State agency, or by a municipality within the County, the ordinance shall require said improvements to meet at least the minimum standards of such agency or municipality.

Sec. 4. Should any Section, clause, or requirement of this Act be declared by the courts to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the Act as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

Sec. 5. All laws and clauses of laws in conflict herewith are hereby repealed to the extent of such conflict.

Sec. 6. This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 4th day of May, 1965.