North Carolina General Statutes 160D-1403. Appeals of decisions on subdivision plats
(a) When a subdivision regulation adopted under this Chapter provides that the decision whether to approve or deny a preliminary or final subdivision plat is quasi-judicial, then that decision of the board is subject to review by the superior court by a proceeding in the nature of certiorari. N.C. Gen. Stat. § 160D-406 and this section apply to those appeals.
(b) When a subdivision regulation adopted under this Chapter provides that the decision whether to approve or deny a preliminary or final subdivision plat is administrative, or for any other administrative decision implementing a subdivision regulation, the following applies:
(1) If made by the governing board or planning board, the decision is subject to review by filing an action in superior court seeking appropriate declaratory or equitable relief within 30 days from receipt of the written notice of the decision, which shall be made as provided in N.C. Gen. Stat. § 160D-403(b).
(2) If made by the staff or a staff committee, the decision is subject to appeal as provided in N.C. Gen. Stat. § 160D-405
(c) For purposes of this section, a subdivision regulation is deemed to authorize a quasi-judicial decision if the decision-making entity under N.C. Gen. Stat. § 160D-803(c) is authorized to decide whether to approve or deny the plat based not only upon whether the application complies with the specific requirements set forth in the regulation but also on whether the application complies with one or more generally stated standards requiring a discretionary decision to be made. ?(2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d); 2022-62, s. 59(c).)
Terms Used In North Carolina General Statutes 160D-1403
- Administrative decision: Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this Chapter or local government development regulations. See North Carolina General Statutes 160D-102
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Governing board: The city council or board of county commissioners. See North Carolina General Statutes 160D-102
- Planning board: Any board or commission established pursuant to N. See North Carolina General Statutes 160D-102
- Quasi-judicial decision: A decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. See North Carolina General Statutes 160D-102
- Subdivision: The division of land for the purpose of sale or development as specified in N. See North Carolina General Statutes 160D-102
- Subdivision regulation: A subdivision regulation authorized by Article 8 of this Chapter. See North Carolina General Statutes 160D-102