GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2019

SESSION LAW 2019-59

SENATE BILL 242

AN ACT RELATING TO SUBDIVISION RECREATIONAL FACILITIES IN HARNETT COUNTY and concerning public‑private reimbursement agreements for park infrastructure development by mecklenburg county.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 153A‑331 reads as rewritten:

"§ 153A‑331.  Contents and requirements of ordinance.

(a)        A subdivision control ordinance may provide for the orderly growth and development of the county; for the coordination of transportation networks and utilities within proposed subdivisions with existing or planned streets and highways and with other public facilities; for the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision and of rights‑of‑way or easements for street and utility purposes including the dedication of rights‑of‑way pursuant to G.S. 136‑66.10 or G.S. 136‑66.11; and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions that substantially promote public health, safety, and the general welfare.

(b)        The ordinance may require that a plat be prepared, approved, and recorded pursuant to the provisions of the ordinance whenever any subdivision of land takes place. The ordinance may include requirements that the final plat show sufficient data to determine readily and reproduce accurately on the ground the location, bearing, and length of every street and alley line, lot line, easement boundary line, and other property boundaries, including the radius and other data for curved property lines, to an appropriate accuracy and in conformity with good surveying practice.

(c)        A subdivision control ordinance may provide that a developer may provide funds to the county whereby the county may acquire recreational land or areas and develop and construct recreational facilities to serve the development or subdivision, including the purchase of land or construction and development of facilities that may be used to serve more than one subdivision or development within the immediate area. A fee imposed under a subdivision control ordinance for these purposes may not exceed five hundred dollars ($500.00) per residential construction lot.

…."

SECTION 1.(b)  This section applies to Harnett County only.

SECTION 2.(a)  Section 1(a) of S.L. 2009‑162 reads as rewritten:

"SECTION 1.(a)  A county may enter into reimbursement agreements with private property owners for the design and construction of park infrastructure or parks that: (i) are included in the county's Parks Master Plan; (ii) are located on property that is adjacent to or in close proximity to other property owned by the private property owner or its affiliates; and (iii) are located on the property owned by the private property owner by, or that is to be leased or transferred to to, the county."

SECTION 2.(b)  This section applies to Mecklenburg County only.

SECTION 3.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 26^th day of June, 2019.

                                                                    s/  Daniel J. Forest

                                                                         President of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives