AN ACT TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO COMPILE A PUBLIC STREET INFORMATION DATABASE AND TO UPDATE THE SUBDIVISION ROADS MANUAL REGULARLY, AND TO EXEMPT CERTAIN PROPRIETARY DESIGN WORK OR WORK PRODUCT SUBMITTED TO THE DEPARTMENT OF TRANSPORTATION FROM PUBLIC RECORDS TEMPORARILY. SL 2019-156. Enacted July 22, 2019. Effective July 22, 2019.
Summary date: Jul 22 2019 - View summary
Summary date: Jul 8 2019 - View summary
Senate amendment makes the following changes to the 3rd edition.
Deletes the proposed changes to GS 136-102.6(b), which added that any plat with streets designated as public must also contain the specified written notice stating that any street designated on the plat or map as public is to be conclusively presumed to be an offer of dedication to the public of the street and that the designation does not ensure that a street has been or will be accepted, adopted, or maintained as public. Makes conforming changes. Amends the act's long title.
Summary date: Jun 26 2019 - View summary
Senate committee substitute makes the following changes to the 2nd edition.
Amends GS 136-102.6(b), which requires that the right-of-way of any new street or change in an existing street be delineated on the map or plat with particularity and that it be designated as either public or private. Adds that any plat with streets designated as public must also contain the specified written notice stating that any street designated on the plat or map as public is to be conclusively presumed to be an offer of dedication to the public of the street and that the designation does not ensure that a street has been or will be accepted, adopted, or maintained as public. Applies to maps or plats recorded on or after January 1, 2021. Makes a conforming change to the act's long title.
Summary date: May 6 2019 - View summary
House committee substitute makes the following changes to the 1st edition.
Deletes the previous provisions, except for proposed GS 136-18.07 requiring the Department of Transportation (DOT) to regularly update its Subdivision Roads Minimum Construction Standards Manual and related pavement or other policies.
Enacts GS 136-18.06 requiring DOT to compile a readily available Public Street Information Database, operational by January 1, 2020. Requires the database to be updated monthly and reflect the status of all federally owned and either State-owned or maintained roads assigned a road number. Requires the database to reside on an existing database system.
Amends GS 132-1.2 to specify that public records laws do not require or authorize an agency to disclose information that reveals proprietary design work product included in a proposal submitted to DOT or any DOT intra-agency communications related to its review during the competitive bid process. Provides that confidential proprietary design work, work product, or intra-agency communications are subject to disclosure upon contract award, which is designated upon the competitive bid process's completion.
Makes conforming changes to the act's titles.
Summary date: Apr 4 2019 - View summary
Identical to S 480, filed 4/2/19.
Enacts new GS 153A-331.1 requiring the Department of Transportation (DOT) to follow the specified procedure for the acceptance of subdivision streets that are: (1) located outside municipal limits, (2) designated as public under GS 136-102.6, and (3) have not been platted or received preliminary plat approval. Mandates a procedure for acceptance of streets by the DOT upon submission of a sealed certificate by the engineer of record for the design of subdivision streets intended to be designated public which confirms conformity with applicable standards. Directs the DOT to verify within 30 days the certified information, upon which it must accept the street for maintenance within 30 days, notify the developer within 10 days and record a statement of acceptance with the county recorder. Directs the developer within 30 days of acceptance to establish a performance guarantee as defined in GS 160A-372(g)(1) which must include a set of minimum requirements. Require the DOT to inspect the street a year later and notify the developer of any deficiencies, which must be corrected within 30 days so DOT can release the performance guarantee.
Enacts new GS 136-18.06 requiring the Department of Transportation to provide to each county on a monthly basis the necessary information to compile a database of county public streets to be put into operation on or before January 1, 2020. Requires the data to reside on any existing database system chosen by the county for this purpose, and be available to the public in either graphic or tabular format or both.
Enacts GS 136-18.07 requiring the DOT to update its Subdivision Roads Minimum Construction Standards Manual and related pavement or other policies by July 1, 2020, and regularly after that to reflect changes in federal, state, and case law. Directs the DOT to report all updates to the Joint Legislative Transportation Oversight Committee.
Effective October 1, 2019.