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Agenda - 06-12-2007-4bb
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Agenda - 06-12-2007-4bb
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Last modified
4/23/2013 9:25:36 AM
Creation date
8/28/2008 11:56:02 AM
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BOCC
Date
6/12/2007
Document Type
Agenda
Agenda Item
4bb
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Minutes - 20070612
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\Board of County Commissioners\Minutes - Approved\2000's\2007
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procedure used in Article 3 for the maintenance <br />;10 <br />of said road. In that event, the owners and their <br />successors in title and interest to any of the <br />property described herein will remain responsible <br />for road maintenance as herein provided until <br />such time as the road dedicated is maintained by <br />the North Carolina Department of Transportation <br />or other governmental body. <br />Furthermore, the Plat maintains lot boundaries as in <br />the original subdivision, and continues to include the area <br />of the right -of -way of Bradford Ridge Road within <br />preexisting lot lines. The dedication of Bradford Ridge <br />Road to the public is not, therefore, a subdivision of land <br />because a subdivision is defined by statute, case law and <br />the Orange County Subdivision Regulations as a division of <br />a tract or parcel of land into two or more lots, building <br />sites or other divisions for the purpose of sale or <br />building development. In other words the dedication does <br />not require subdivision approval since it is not a division <br />of land, neither does it involve a sale of land or building <br />development. <br />The Board of County Commissioners is, of course, <br />authorized by statute to make a recommendation concerning <br />whether to add Bradford Ridge Road into the secondary road <br />- improvement.program. The general statutes concerning the <br />secondary road improvement program include the following <br />provision: <br />"The citizens <br />to present F <br />commissioners, <br />Department <br />additions to <br />roads.il <br />of the State shall have the right <br />etitions to the board of county <br />and through the -board to the <br />of Transportation, concerning <br />the system and- improvement of <br />The role of the Board of County Commissioners is, however, <br />limited by this Statute to an advisory one: <br />"The board of county commissioners shall receive <br />such petitions, forwarding them on to the Board <br />of Transportation with their recommendations." <br />1 N.C. Gen. Stat. § 136 -62. <br />
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