§ 160A-320. Public enterprise improvements. - North Carolina Statutes

§ 160A‑320.  Public enterprise improvements.

(a)        Authorization. – A city 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 city to reimburse the private party for costs associated with the designand construction of improvements that are in addition to those required by thecity's land development regulations. Such a contract is not subject to Article8 of Chapter 143 of the General Statutes if the public cost will not exceed twohundred fifty thousand dollars ($250,000) and the city determines that: (i) thepublic cost will not exceed the estimated cost of providing for thoseimprovements through either eligible force account qualified labor or through apublic contract let pursuant to Article 8 of Chapter 143 of the GeneralStatutes; or (ii) the coordination of separately constructed improvements wouldbe impracticable. A city may enact ordinances and policies setting forth theprocedures, requirements, and terms for agreements authorized by 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 city. The private party may assist the city in obtainingeasements in favor of the city from private property owners on those propertiesthat will be involved in or affected by the project. The contract between thecity and the private party may be entered into before the acquisition of anyreal property necessary to the project. (2005‑426, s.8(d).)