Bill Summaries: S 635 ORPHAN ROADS.

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  • Summary date: Apr 6 2023 - View Summary

    Creates new GS 160D-804.2 (Temporary maintenance and acceptance guarantees), requiring developers to post a temporary maintenance guarantee for any publicly dedicated roadway to be transferred for public maintenance under GS 136-102.6 or any municipal ordinance. Provides for the acceptable forms of guarantee including surety bonds and letters of credit, and establishes a maximum of 20% of the reasonably estimated cost of construction for the road or street secured by the guarantee. Specifies that the appropriate use of the guarantee is to ensure the road or street meets the minimum standards of the roadway’s administering entity prior to acceptance into the roadway system. Requires a county to petition the administering entity for road addition to its roadway system within 5 days of completed construction once the guarantee has been used. Outlines procedures for acceptance of the road or street and release of a guarantee, and legal responsibilities. Makes a clarifying change to GS 160D-804.1(1)c. 

    Creates new GS 160D-809 (Subdivision roadway minimum standards), establishing that a subdivision roadway that is publicly dedicated on a final plat is regulated by the standards or regulations in effect at the time the final plat was recorded. 

    Amends GS 160D-202 to add new subsection (l) (Roadway Development Standards), requiring the design of streets and rights-of-way designated as public to meet the minimum requirements established by the Department of Transportation for acceptance into the State highway system. 

    Amends GS 136-18.06 to include new requirements for data in the public street information database, to  include municipality-owned roads, municipality-maintained roads, and roads pending public acceptance. Requires the data to be included in the database no later than January 1, 2024. 

    Repeals subsection (b) of GS 136-55.1, which allows a municipality to keep open and assume responsibility for the maintenance of a road within one mile of its corporate limits if it is abandoned from the State highway system. 

    Amends GS 136-102.6(f) to include references to the municipality approving the right-of-way and design of a street designated as public, to reference acceptance into the municipal highway system as well as the State highway system, and to require certification of whether any party is maintaining the public street.