Bill Summary for H 141 (2017-2018)

Summary date: 

Feb 21 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 141 (Public) Filed Tuesday, February 21, 2017
AN ACT TO ESTABLISH A MAINTENANCE BOND PROCESS FOR SUBDIVISION ROADS DEDICATED FOR PUBLIC USE TO PREVENT DEGRADATION OF TRANSPORTATION IMPROVEMENTS PRIOR TO ADDITION TO THE STATE HIGHWAY SYSTEM.
Intro. by Farmer-Butterfield, Murphy, S. Martin.

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Bill summary

Identical to S 92, filed 2/15/17.

Amends GS 153A-331(e), concerning the contents and requirements of a county subdivision control ordinance, to allow a county to adopt a subdivision control ordinance for transportation improvements intended to be designated as public under GS 136-102.6 to additionally provide for maintenance guarantees to prevent degradation of transportation improvements until the improvements are added to the State highway system for maintenance pursuant to GS 136-102.6(d). Provides that for any specific development, the developer is to elect the type of performance or maintenance guarantee (was, election to be made from a range specified by the county). Makes conforming changes to subsection (g) to require maintenance guarantees to comply with GS 160A-372(g).

Amends GS 160A-372, concerning the contents and requirements of a city subdivision control ordinance, to make identical changes as those made to GS 153A-331(e) above relating to subdivision control ordinances providing for maintenance guarantees. Provides that for any specific development, the developer is to elect the type of performance or maintenance guarantee. Defines maintenance guarantee to mean any of the forms of guarantee also used to define performance guarantee under subdivision (g)(1). Adds a requirement that prior to the return or release of a performance guarantee, the engineer of record for the design of transportation improvements intended to be designated as public must provide a sealed certification to the city or county and the Division of Highways confirming that the improvements have been completed according to the plans that received approval pursuant to GS 136-102.6(d). Requires the developer to provide a maintenance guarantee for the transportation improvements intended to be designated public within 20 business days following the filing of the certificate of completion by the engineer of record. Provides for the return or release of the maintenance guarantee when (1) the transportation improvements are added to the State highway system for maintenance pursuant to GS 136-102.6(d) or (2) there is a rerecording of a subdivision plat designating the transportation improvements as private, or both. Finally, establishes that the amount of the maintenance guarantee cannot exceed 15% of the reasonably estimated total cost of construction of the transportation improvements at the time the guarantee is issued.

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