(A) Pursuant to G.S. § 160A-499 this section authorizes and sets forth the procedures and terms under which the town may approve reimbursement agreements with private developers and property owners for the design and construction of municipal infrastructure that serves the developer or property owner. For the purpose of this section, municipal infrastructure includes, without limitation, water mains, sanitary sewer lines, lift stations, storm water lines, streets, curb and gutter, sidewalks, traffic control devices, and other associated facilities.
(B) The Town Manager, or designee, is authorized to negotiate municipal infrastructure reimbursement agreements with private developers and property owners pursuant to this section. In negotiating such agreements, the town manager, or designee, shall determine that:
(1) The cost to the town will not exceed the estimated cost of providing for the municipal infrastructure through either eligible force account qualified labor or through a public contract let pursuant to G.S. § 143-128 et seq.; or
(2) The coordination of separately constructed municipal infrastructure with the associated private development would be impracticable.
(C) Town approval authority for agreements under this section shall be governed by general town contracting authorizations and delegations.
(D) Such reimbursements, if any, may be paid from any lawful source if approved by the Board of Commissioners.
(E) A municipal infrastructure reimbursement agreement approved pursuant to this section shall not be subject to G.S. Chapter 143, Art. 8 unless the award of a contract for work would have required competitive bidding if the contract had been awarded by the town. If the town would have been required to follow G.S. Chapter 143, Art. 8, then the developer or property owner is required to comply with the requirements of G.S. Chapter 143, Art. 8.
(F) A municipal infrastructure reimbursement agreement approved pursuant to this section shall require the private developer or property owner party to comply with all the town's rules, regulations and ordinances and be current on all debts, fees or taxes owed to the town.
(Adopted 7-10-2018)