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NC H457
Bill
Status
4/6/2017
Primary Sponsor
John Torbett
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AI Summary
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Allows counties to require performance guarantees for new subdivision streets offered for public dedication, but does not mandate them; if a county does not require performance guarantees, plats may be recorded without completed street improvements.
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Establishes residual performance guarantees (greater of 15% of total construction costs or 125% of travel surface pavement costs) that remain in place for up to two years after street completion to cover necessary maintenance and repairs until the road is accepted for state maintenance.
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Performance guarantees cannot exceed 125% of the reasonably estimated cost of completion provided by a professional engineer, and can only be used for completion of required improvements, not for repairs or maintenance after completion.
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Requires the Division of Highways to accept fully completed subdivision streets that meet specified conditions (proper construction, adequate pavement condition, six years of public use, and minimum occupancy rates) within 60 days of request, using Division of Highway standards in effect on January 1, 2017.
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Prohibits denial of road acceptance based on non-structural encroachments, minor debris, cosmetic maintenance items, sidewalk presence or absence, and requires counties to develop a public street information database by January 1, 2019.
Legislative Description
Performance Guarantees/Subdivision Streets
Last Action
Ref To Com On Rules and Operations of the Senate
4/10/2017