State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_153A > GS_153A-205

§ 153A‑205. Improvements to subdivision and residential streets.

(a)        A county may finance the local share of the cost ofimprovements made under the supervision of the Department of Transportation tosubdivision and residential streets that are a part of the State maintainedsystem located in the county and outside of a city and shall levy and collectpursuant to the procedures of Article 9 of Chapter 153A of the General Statutesspecial assessments against benefited property to recoup that portion of the costsfinanced by the county. The local share is that share required by policies ofthe Secondary Roads Council, and may be paid by the county from funds nototherwise limited as to use by law. Land owned, leased, or controlled by arailroad company is exempt from such assessments to the same extent that itwould be exempt from street assessments of a city under G.S. 160A‑222. Noproject may be commenced under this section unless it has been approved by theDepartment of Transportation.

(b)        A county may finance the local share of the cost ofimprovements made under the supervision of the Department of Transportation tosubdivision and residential streets located in the county and outside of a cityin order to bring those streets up to the standards of the Secondary RoadsCouncil so that they may become a part of the State‑maintained system andshall levy and collect pursuant to the procedures of Article 9 of Chapter 153Aof the General Statutes special assessments against benefited property torecoup that portion of the costs financed by the county. The local share isthat share required by policies of the Secondary Roads Council, and may be paidby the county from funds not otherwise limited as to use by law. Land owned,leased, or controlled by a railroad company is exempt from such assessments tothe same extent that it would be exempt from street assessments of a city underG.S. 160A‑222. No project may be commenced under this section unless ithas been approved by the Department of Transportation.

(c)        Before a county may finance all or a portion of the cost ofimprovements to a subdivision or residential street, it must receive a petitionfor the improvements signed by at least seventy‑five percent (75%) of theowners of property to be assessed, who must represent at least seventy‑fivepercent (75%) of all the lineal feet of frontage of the lands abutting on thestreet or portion thereof to be improved. The petition shall state that portionof the cost of the improvement to be assessed, which shall be the local sharerequired by policies of the Secondary Roads Council. A county may treat as aunit and consider as one street two or more connecting State‑maintainedsubdivision or residential streets in a petition filed under this subsectioncalling for the improvement of subdivision or residential streets subject toproperty owner sharing in the cost of improvement under policies of theDepartment of Transportation.

Property owned by the United States shall not be included indetermining the lineal feet of frontage on the improvement, nor shall theUnited States be included in determining the number of owners of propertyabutting the improvement. Property owned by the State of North Carolina shallbe included in determining frontage and the number of owners only if the Statehas consented to assessment as provided in G.S. 153A‑189. Property owned,leased, or controlled by railroad companies shall be included in determiningfrontage and the number of owners to the extent the property is subject toassessment under G.S. 160A‑222. Property owned, leased, or controlled byrailroad companies that is not subject to assessment shall not be included indetermining frontage or the number of owners.

No right of action or defense asserting the invalidity of streetassessments on grounds that the county did not comply with this subsection insecuring a valid petition may be asserted except in an action or proceedingbegun within 90 days after the day of publication of the notice of adoption ofthe preliminary assessment resolution.

(d)        This section is intended to provide a means of assisting infinancing improvements to subdivision and residential streets that are on theState highway system or that will, as a result of the improvements, become apart of the system. By financing improvements under this section, a county doesnot thereby acquire or assume any responsibility for the street or streetsinvolved, and a county has no liability arising from the construction of suchan improvement or the maintenance of such a street. Nothing in this sectionshall be construed to alter the conditions and procedures under which Statesystem streets or other public streets are transferred to municipal streetsystems pursuant to G.S. 136‑66.1 and 136‑66.2 upon annexation by,or incorporation of, a municipality. (1975, c. 487, s. 2; c. 716, s. 7; 1981, c. 768.)