(A) Authority
This Ordinance sets forth the authority for and procedures and terms under which the Town Manager may negotiate and approve reimbursement agreements and intersection and roadway improvement agreements. Additional authority for such agreements and fee credits may exist elsewhere, and this is meant to be supplementary to such authority. This Ordinance is authorized by Charter, App. 2.11, G.S. 160A-309, G.S. 160A-320 and G.S. 160A-499. Town approval authority for agreements under this section shall be governed by general Town contracting authorizations and delegations.
(B) Municipal Infrastructure Reimbursement Agreements
The Town Manager may approve municipal infrastructure reimbursement agreements with private developers and property owners for the design and construction of municipal infrastructure that is included on the Town's capital improvement plan and serves the developer or property owner. For the purpose of this Ordinance, municipal infrastructure includes, without limitation, water mains, sanitary sewer lines, lift stations, stormwater lines, streets, curb and gutter, sidewalks, traffic control devices, and other associated facilities. The Town Manager, or designee, is authorized to negotiate municipal infrastructure reimbursement agreements with private developers and property owners in accordance with this Ordinance and applicable policies and procedures. In negotiating such agreements, the Town Manager, or designee, shall determine that the private developer or property owner shall comply with the requirements of G.S. 143-129 and G.S. 143-128.2 relating to public advertising and bid opening requirements which would be applicable if the construction contract had been awarded by the Town. Reimbursements may be paid from any lawful source. [Authority App. 2.11 and G.S. 160A-499]
(C) Public Enterprise Reimbursement Agreements
The Town Manager may approve public enterprise reimbursement agreements with a developer or property owner or a private party under contract with such developer or property owner, for the design and construction of public enterprise improvements that are in addition to those required by the Town's land development regulations and are adjacent or ancillary to a private land development project. The Town Manager, or designee, is authorized to negotiate public enterprise reimbursement agreements with a developer or property owner in accordance with this Ordinance and applicable policies and procedures. In negotiating such agreements, the Town Manager, or designee, shall determine that (a) the public cost will not exceed the estimated cost of providing for such improvements through either eligible force account qualified labor or through a public contract let pursuant to G.S. Chapter 143, Article 8 and (b) the coordination of separately constructed improvements would be impracticable. Such intersection and roadway improvement agreements shall not be subject to G.S. Chapter 143, Article 8, if the public cost will not exceed two hundred fifty thousand dollars ($250,000). [Such improvements may be constructed on property owned by the developer or property owner or by the Town.] [Authority G.S. 160A-320]
(D) Intersection and Roadway Improvement Agreements
The Town Manager may approve intersection and roadway improvement agreements with a developer or property owner, or with a private party who is under contract with the developer or property owner, for public intersection or roadway improvements that are adjacent or ancillary to a private land development project. The Town Manager, or designee, is authorized to negotiate intersection and roadway improvement agreements with a developer or property owner (or private party under contract with the developer or property owner) in accordance with this Ordinance and applicable policies and procedures. In negotiating such agreements, the Town Manager, or designee, shall determine that (a) the public cost will not exceed the estimated cost of providing for such improvements through either eligible force account qualified labor or through a public contract let pursuant to G.S. Chapter 143, Article 8, and (b) the coordination of separately constructed public intersection or roadway improvements would be impracticable. Such intersection and roadway improvement agreements shall not be subject to G.S. Chapter 143, Article 8, if the public cost will not exceed two hundred fifty thousand dollars ($250,000). [Authority G.S. 160A-309].