§ 136-66.1. Responsibility for streets inside municipalities.
Article 3A.
Transportation Systems inand around Municipalities.
§ 136‑66.1. Responsibility for streets inside municipalities.
Responsibility for streets andhighways inside the corporate limits of municipalities is hereby defined asfollows:
(1) The State HighwaySystem. The State highway system inside the corporate limits ofmunicipalities shall consist of a system of major streets and highwaysnecessary to move volumes of traffic efficiently and effectively from pointsbeyond the corporate limits of the municipalities through the municipalitiesand to major business, industrial, governmental and institutional destinationslocated inside the municipalities. The Department of Transportation shall beresponsible for the maintenance, repair, improvement, widening, constructionand reconstruction of this system. These streets and highways within corporatelimits are of primary benefit to the State in developing a statewidecoordinated system of primary and secondary streets and highways. Each highwaydivision shall develop an annual work plan for maintenance and contractresurfacing, within their respective divisions, consistent with the needs,inasmuch as possible, as identified in the report developed in accordance withG.S. 136‑44.3. In developing the annual work plan, the highway divisionshall give consideration to any special needs or information provided by themunicipalities within their respective divisions. The plan shall be madeavailable to the municipalities within the respective divisions upon request.
(2) The Municipal StreetSystem. In each municipality the municipal street system shall consist ofthose streets and highways accepted by the municipality which are not a part ofthe State highway system. The municipality shall be responsible for themaintenance, construction, reconstruction, and right‑of‑wayacquisition for this system.
(3) Maintenance of StateHighway System by Municipalities. Any city or town, by written contract withthe Department of Transportation, may undertake to maintain, repair, improve,construct, reconstruct or widen those streets within municipal limits whichform a part of the State highway system, and may also, by written contract withthe Department of Transportation, undertake to install, repair and maintain highwaysigns and markings, electric traffic signals and other traffic‑controldevices on such streets. All work to be performed by the city or town undersuch contract or contracts shall be in accordance with Department ofTransportation standards, and the consideration to be paid by the Department ofTransportation to the city or town for such work, whether in money or inservices, shall be adequate to reimburse the city or town for all costs andexpenses, direct or indirect, incurred by it in the performance of such work.The city or town under contract with the Department shall develop an annualwork plan for maintenance of the State highway system consistent with theneeds, inasmuch as possible, as identified in the report developed inaccordance with G.S. 136‑44.3. The annual work plan shall be submitted tothe respective division engineers and shall be mutually agreeable to bothparties.
(4) If the governingbody of any municipality determines that it is in the best interest of itscitizens to do so, it may expend its funds for the purpose of making any of thefollowing improvements on streets that are within its corporate limits and forma part of the State highway system:
a. Construction ofcurbing and guttering.
b. Adding of lanes forautomobile parking.
c. Constructing streetdrainage facilities which may by reasonable engineering estimates beattributable to that amount of surface water collected upon and flowing frommunicipal streets which do not form a part of the State highway system.
d. Constructingsidewalks.
e. Intersectionimprovements, if the governing body determines that such improvements willdecrease traffic congestion, improve safety conditions, and improve airquality.
Inexercising the authority granted herein, the municipality may, with the consentof the Department of Transportation, perform the work itself, or it may enterinto a contract with the Department of Transportation to perform such work. Anywork authorized by this subdivision shall be financed entirely by themunicipality and be approved by the Department of Transportation.
Thecost of any work financed by a municipality under this subdivision may beassessed against the properties abutting the street or highway upon which suchwork was performed in accordance with the procedures of either Article 10 ofChapter 160A of the General Statutes or any charter provisions or local actsapplicable to the particular municipality. (1959, c. 687, s. 1; 1969, cc. 798, 978; 1973, c.507, s. 5; 1975, c. 664, s. 3; 1977, c. 464, s. 7.1; 1987, c. 747, s. 2; 1993(Reg. Sess., 1994), c. 690, s. 1; 1995, c. 163, s. 14; 2005‑382, s. 2;2009‑266, s. 2.)