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43 <br /> ------ <br /> f ' dedication, then the right-of-way remains private, <br /> even though it is dedicated to the public. The County can <br /> accept an offer of dedication in one of two ways -- by <br /> resolution of the Board of Commissioners, or by recordation <br /> of a deed conveying the right-of-way to the County. Once <br /> accepted, the right-of-way is permanently established <br /> (subject to being closed by formal proceedings of the Board <br /> of Commissioners) . and the grantee can have control over use <br /> of the right-of-way. <br /> NCDOT does not accept a public right-of-way until the road <br /> itself is constructed to state standards, and accepted by the <br /> state for maintenance. Unless the County formally accepts <br /> the dedication, the dedication/acceptance process remains <br /> • incomplete, and the public agency has rights in the publicly- <br /> dedicated right-of-way. <br /> It has not previously been the general practice of the County <br /> to explicitly accept offers of dedications. In some <br /> • instances, a deed has been required to convey the right-of- <br /> way to the County, which accomplished the same goal. The <br /> Administration recommends that the offer of dedication be <br /> accepted for all proposed public roads at the time of <br /> Preliminary Plat approval. The public road subdivisions <br /> presented on August 1 include a recommendation for acceptance <br /> of the dedication. Approval of the Preliminary Plat would <br /> also include acceptance of the dedication, unless otherwise <br /> specified by the Board of Commissioners. <br /> Maintenance Responsibility <br /> Section V-D-6-b of the Subdivision Regulations requires a <br /> certificate of dedication and maintenance for any public or <br /> private right-of-way. The certificate provides for <br /> maintenance and control of improvements by the property owner <br /> until such improvements are accepted by a public body (NCDOT <br /> for public roads, or an entity such as a homeowners <br /> association for a private road. ) . <br /> Acceptance of right-of-way by orange county will be done <br /> dific141mlng maintenance responsibility. Its sole purpose is <br /> to establish and preserve public right-of-way. <br /> cc: Geoffrey Gledhill, County Attorney <br />