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NC S373
Bill
Status
3/23/2017
Primary Sponsor
Wesley Meredith
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AI Summary
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Creates new state law (G.S. 153A-331.1) governing performance guarantees for county subdivision streets located outside municipal jurisdiction, applicable to all developments approved on or after August 1, 2017, and retroactively to residential subdivisions approved after October 1, 2010 with completed roads.
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Allows counties to require performance guarantees but permits developers to choose not to provide one; developers who waive performance guarantees must provide a residual performance guarantee before building permits are issued.
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Caps performance guarantee amounts at 125% of reasonably estimated completion costs and establishes residual performance guarantees at 15% of total construction costs or 125% of pavement costs (whichever is greater) after road completion.
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Requires the Department of Transportation to accept completed subdivision streets within 60 days if conditions are met, including proper construction, adequate pavement condition, and minimum density thresholds (10% of lots occupied or 2 homes for phases with fewer than 20 lots).
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Mandates counties develop a "County Public Street Information Database" by January 1, 2019, tracking road maintenance status and availability to the public; requires Department of Transportation to update subdivision road construction standards manual by July 1, 2018.
Legislative Description
Performance Guarantees/Subdivision Streets
Last Action
Ref To Com On Rules and Operations of the Senate
3/27/2017