State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_153A > GS_153A-280

§ 153A‑280.  Public enterprise improvements.

(a)        Authorization. – A county may contract with a developer orproperty owner, or with a private party who is under contract with thedeveloper or property owner, for public enterprise improvements that are adjacentor ancillary to a private land development project. Such a contract shall allowthe county to reimburse the private party for costs associated with the designand construction of improvements that are in addition to those required by thecounty's land development regulations. Such a contract is not subject toArticle 8 of Chapter 143 of the General Statutes if the public cost will notexceed two hundred fifty thousand dollars ($250,000) and the county determinesthat: (i) the public cost will not exceed the estimated cost of providing forthose improvements through either eligible force account qualified labor orthrough a public contract let pursuant to Article 8 of Chapter 143 of theGeneral Statutes; or (ii) the coordination of separately constructedimprovements would be impracticable. A county may enact ordinances and policiessetting forth the procedures, requirements, and terms for agreements authorizedby this section.

(b)        Property Acquisition. – The improvements may be constructedon property owned or acquired by the private party or on property owned oracquired by the county. The private party may assist the county in obtainingeasements in favor of the county from private property owners on thoseproperties that will be involved in or affected by the project. The contractbetween the county and the private party may be entered into before theacquisition of any real property necessary to the project. (2005‑426, s. 8(e).)