HB 620 — Street Database/Manual/Public Record Except.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 21 HOUSE BILL 620* Committee Substitute Favorable 5/6/19 Short Title:

StreetSubdivision Database/Manual/PublicStreets/DOT RecordAcceptance. Except.

Representatives Szoka, Bumgardner, Hawkins, and Iler (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Transportation, if favorable, Rules, Calendar, and Operations of the House April 8, 2019 A BILL TO BE ENTITLED AN ACT TO REQUIREMAKE THECHANGES DEPARTMENT OF TRANSPORTATION TO COMPILESTATE ALAW PUBLICCONCERNING STREETTHE INFORMATIONACCEPTANCE DATABASEOF ANDSUBDIVISION TOSTREETS REGULARLYBY UPDATE THE SUBDIVISIONDEPARTMENT ROADSOF MANUALTRANSPORTATION, AND TO TEMPORARILYREQUIRE EXEMPTTHE PROPRIETARYDEPARTMENT DESIGNTO WORKCOMPILE SUBMITTEDA TOCOUNTY THEPUBLIC DEPARTMENTSTREET OFINFORMATION TRANSPORTATIONDATABASE, DURINGAND ATO COMPETITIVEREGULARLY BIDUPDATE PROCESSAND FROMPUBLISH PUBLICTHE RECORDS.SUBDIVISION ROADS MANUAL.

Chapter 153A of the General Statutes is amended by adding a new section to read:

"§ 153A-331.1.

Department of Transportation acceptance of subdivision streets to be designated public.

(a) Applicability.

– This section only applies to subdivision streets that (i) are located outside municipal corporate limits, (ii) are to be designated as public under G.S.

136-102.6, and (iii) have not been platted or received preliminary plat approval.

(b) Acceptance Procedure.

– The engineer of record for the design of the subdivision street intended to be designated as public shall provide a sealed certification to the county and the Department of Transportation confirming that the subdivision street is in conformitywith the approved construction documents for the street and Department standards.

Within 30 days of receipt of the certification of conformity, the Department shall inspect the street to verify that it was constructed in conformity with the approved construction documents and meets Department standards.

If, after inspection, the Department determines the street conforms, the Department shall (i) accept the street for maintenance within 30 days, (ii) notify the developer in writing within 10 days of the street's acceptance, and (iii) record a statement of acceptance with the county recorder.

(c) Performance Guarantee.

– Within 30 days of acceptance by the Department, the developer shall establish a performance guarantee, as defined in G.S.

160A-372(g)(1), to guarantee the street is in conformity with the approved construction documents and Department standards.

The developer shall provide proof of the performance guarantee to the Department.

The terms of the performance guarantee shall meet the following minimum requirements:

(1) The amount of the performance guarantee shall not exceed fifteen percent (15%) of the reasonably estimated total cost of construction of the transportation improvements at the time the guarantee is issued.

(2) At the election of the developer, the amount of the total cost of construction of the transportation improvements at the time the guarantee is issued may be conclusively determined by a report provided under seal by an architect *H620-v-1* General Assembly Of North Carolina Session 2019 licensed under the provisions of Chapter 83A of the General Statutes or an engineer registered under the provisions of Chapter 89C of the General Statutes.

The report may contain unit pricing information provided by a general contractor licensed under Chapter 87 of the General Statutes or any other competent source that the architect or engineer certifies, under seal, as accurate.

(d) One-Year Review.

– No later than 30 days after the one-year acceptance of the street, the Department shall inspect the street and notifythe developer of any deficiencies.

Upon receipt of the inspection report from the Department, the developer shall have 30 days to correct the deficiencies.

Upon receiving notice from the developer that the deficiencies have been corrected, the Department shall reinspect the street within 30 days.

When all deficiencies in the street are corrected and approved, the Department shall release the performance guarantee pursuant to subsection (e) of this section.

(e) Return of Performance Guarantee.

– The performance guarantee shall be returned or released when any one of the following occurs:

(1) The Department has notified the developer that there are no deficiencies in the street when inspected at the one-year anniversary of acceptance.

(2) The Department has notified the developer that any deficiencies in the street, discovered when inspected at the one-year anniversary of acceptance, are corrected and approved.

(3) The recording of a subdivision plat designating the subdivision roads as private.

(4) Two years from the date the performance guarantee was received by the Department.

(f) Private Streets Not Prohibited.

– Nothing in this section shall be construed to prohibit the development of private streets.

(g) Local Government Restrictions.

– Local governments may not require streets to meet Department standards for acceptance if the street is not intended to be designated as public under G.S.

136-102.6." SECTION 2.

County Public Street Information Database.