A BILL TO BE ENTITLED
AN ACT TO MAKE CHANGES TO STATE LAW CONCERNING the acceptance of subdivision streets by the department of TRANSPORTATION, to require the department to compile a County Public Street Information Database, and to regularly update and publish the Subdivision Roads Manual.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A‑331.1.  Department of Transportation acceptance of subdivision streets to be designated public.
(a)	Applicability. – This section only applies to subdivision streets that (i) are located outside municipal corporate limits, (ii) are to be designated as public under G.S. 136‑102.6, and (iii) have not been platted or received preliminary plat approval.
(b)	Acceptance Procedure. – The engineer of record for the design of the subdivision street intended to be designated as public shall provide a sealed certification to the county and the Department of Transportation confirming that the subdivision street is in conformity with the approved construction documents for the street and Department standards. Within 30 days of receipt of the certification of conformity, the Department shall inspect the street to verify that it was constructed in conformity with the approved construction documents and meets Department standards. If, after inspection, the Department determines the street conforms, the Department shall (i) accept the street for maintenance within 30 days, (ii) notify the developer in writing within 10 days of the street's acceptance, and (iii) record a statement of acceptance with the county recorder.
(c)	Performance Guarantee. – Within 30 days of acceptance by the Department, the developer shall establish a performance guarantee, as defined in G.S. 160A‑372(g)(1), to guarantee the street is in conformity with the approved construction documents and Department standards. The developer shall provide proof of the performance guarantee to the Department. The terms of the performance guarantee shall meet the following minimum requirements:
(1)	The amount of the performance guarantee shall not exceed fifteen percent (15%) of the reasonably estimated total cost of construction of the transportation improvements at the time the guarantee is issued.
(2)	At the election of the developer, the amount of the total cost of construction of the transportation improvements at the time the guarantee is issued may be conclusively determined by a report provided under seal by an architect licensed under the provisions of Chapter 83A of the General Statutes or an engineer registered under the provisions of Chapter 89C of the General Statutes. The report may contain unit pricing information provided by a general contractor licensed under Chapter 87 of the General Statutes or any other competent source that the architect or engineer certifies, under seal, as accurate.
(d)	One‑Year Review. – No later than 30 days after the one‑year acceptance of the street, the Department shall inspect the street and notify the developer of any deficiencies. Upon receipt of the inspection report from the Department, the developer shall have 30 days to correct the deficiencies. Upon receiving notice from the developer that the deficiencies have been corrected, the Department shall reinspect the street within 30 days. When all deficiencies in the street are corrected and approved, the Department shall release the performance guarantee pursuant to subsection (e) of this section.
(e)	Return of Performance Guarantee. – The performance guarantee shall be returned or released when any one of the following occurs:
(1)	The Department has notified the developer that there are no deficiencies in the street when inspected at the one‑year anniversary of acceptance.
(2)	The Department has notified the developer that any deficiencies in the street, discovered when inspected at the one‑year anniversary of acceptance, are corrected and approved.
(3)	The recording of a subdivision plat designating the subdivision roads as private.
(4)	Two years from the date the performance guarantee was received by the Department.
(f)	Private Streets Not Prohibited. – Nothing in this section shall be construed to prohibit the development of private streets.
(g)	Local Government Restrictions. – Local governments may not require streets to meet Department standards for acceptance if the street is not intended to be designated as public under G.S. 136‑102.6."
SECTION 2.  Article 2 of Chapter 136 of the General Statutes is amended by adding a new section to read:
"§136‑18.06.  County Public Street Information Database.
The Department shall provide to each county the necessary information to compile a readily available "County Public Street Information Database" and place it in operation on or before January 1, 2020. The information shall convey the status of roads within the jurisdictional area of the county, including municipal extraterritorial jurisdictions, and it shall be updated at least monthly. The data shall reside on any existing database system chosen by the county for this purpose, including a geographic information system (GIS) mapping system or property tax records system. The system chosen shall convey clear and concise information regarding the status of roads to the public. The data shall be available to the public in either graphic or tabular format, or both. The status of roads to be conveyed shall be:
(1)	Federally maintained with a federal route number assigned.
(2)	State‑maintained with a State road number assigned.
(3)	City‑maintained.
(4)	Pending public acceptance with a financial consideration in place for the maintenance and repair of the street until it is accepted. This subdivision shall only apply to new streets offered for public dedication after October 1, 2017.
(5)	Pending public acceptance without a financial consideration being in place for the maintenance and repair of the street until it is accepted."
SECTION 3.  Article 2 of Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136‑18.07.  Subdivision Roads Manual.
The Department shall update its Subdivision Roads Minimum Construction Standards Manual, and any related pavement or other policies, by July 1, 2020, and regularly thereafter, to accurately reflect current federal and State law and applicable judicial decisions. The Department shall report all updates to the Manual to the Joint Legislative Transportation Oversight Committee."
SECTION 4.  This act becomes effective October 1, 2019.