GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S D
SENATE BILL DRS15063-ML-129 (03/09)
Short Title: Road Improvements Adjacent to Schools. |
(Public) |
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Sponsors: |
Senators Tillman, McInnis, and Curtis (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to make certain revisions to state law concerning requirements for road improvements adjacent to schools.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 136‑18(29a) reads as rewritten:
"(29a) To coordinate with all
public and private entities planning schools to provide written recommendations
and evaluations of driveway access and traffic operational and safety impacts
on the State highway system resulting from the development of the proposed sites.
All public and private entities shall, upon acquiring land for a new school or
prior to beginning construction of a new school, relocating a school, or
expanding an existing school, request from the Department a written evaluation
and written recommendations to ensure that all proposed access points comply
with the criteria in the current North Carolina Department of Transportation "Policy
on Street and Driveway Access". The Department shall provide the written
evaluation and recommendations within a reasonable time, which shall not exceed
60 days. This subdivision applies to improvements that are not located on
the school property. The Department shall have the power to grant final
approval of any project design under this subdivision. To facilitate completion
of the evaluation and recommendations within the required 60 days, in lieu of
the evaluation by the Department, schools may engage their own independent
traffic engineer. The resulting evaluation and recommendations from the independent
traffic engineer shall also fulfill any similar requirements imposed by a unit
of local government. This subdivision shall not be construed to require the
public or private entities planning schools to meet the recommendations made by
the Department, Department or the independent traffic engineer, except
those highway improvements that are required for safe ingress and egress to the
State highway system.system, pursuant to subdivision (29) of this
section, and that are physically connected to a driveway on the school property.
The total cost of any improvements to the State highway system provided by a
school pursuant to this subdivision, including those improvements pursuant to
subdivision (29) of this section, shall be reimbursed by the Department. Any
agreement between a school and the Department to make improvements to the State
highway system shall not include a requirement for acquisition of right‑of‑way
by the school, unless the school is owned by an entity that has eminent domain
power. Nothing in this subdivision shall preclude the Department from entering
into an agreement with the school whereby the school installs the agreed upon
improvements and the Department provides full reimbursement for the associated
costs incurred by the school, including design fees and any costs of right‑of‑way
or easements. The term "school," as used in this subdivision, means
any facility engaged in the educational instruction of children in any grade or
combination of grades from kindergarten through the twelfth grade at which
attendance satisfies the compulsory attendance law and includes charter schools
authorized under G.S. 115C‑218.5. The term "improvements,"
as used in this subdivision, refers to all facilities within the right‑of‑way
required to be installed to satisfy the road cross‑section requirements
depicted upon the approved plans. These facilities shall include roadway
construction, including pavement installation and medians; ditches and
shoulders; storm drainage pipes, culverts, and related appurtenances; and,
where required, curb and gutter; signals, including pedestrian safety signals;
street lights; sidewalks; and design fees. Improvements shall not include any
costs for public utilities."
SECTION 2. Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A‑307.1. Limitation on city requirements for street improvements related to schools.
A city may only require street improvements related to schools that are required for safe ingress and egress to the municipal street system and that are physically connected to a driveway on the school site. The required improvements shall not exceed those required pursuant to G.S. 136‑18(29). G.S. 160A‑307 shall not apply to schools. A city may only require street improvements related to schools as provided in G.S. 160A‑372. The cost of any improvements to the municipal street system shall be reimbursed by the Department of Transportation. For purposes of this section, the Department of Transportation shall have the power to grant final approval of any project design for which it provides reimbursement. Any agreement between a school and a city to make improvements to the municipal street system shall not include a requirement for acquisition of right‑of‑way by the school, unless the school is owned by an entity that has eminent domain power. Any right‑of‑way costs incurred by a school for required improvements pursuant to this section shall be reimbursed by the Department of Transportation. The term "school," as used in this section, means any facility engaged in the educational instruction of children in any grade or combination of grades from kindergarten through the twelfth grade at which attendance satisfies the compulsory attendance law and includes charter schools authorized under G.S. 115C‑218.5."
SECTION 3. Any rule or policy adopted by the Department of Transportation that does not comply with the provisions of this act shall be null, void, and without effect.
SECTION 4. The Department of Transportation may adopt temporary rules to implement the provisions of this act. Any temporary rules adopted in accordance with this section shall remain in effect until permanent rules that replace the temporary rules become effective.
SECTION 5. This act is effective when it becomes law.