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022 <br />providing any funds to bring it up to standards. Meanwhile, the County continues to hear from the <br />Buzinski's who are eager to have the road repaired and adopted into NC DOT's system for <br />maintenance. <br />Options <br />There are a few options available to the County and the property owners in the subdivision for <br />addressing this issue. Some of these options require action from the County, while others do not. <br />An overview of the options is provided below: <br />Options for private maintenance of the road <br />1. Property owners can form an association to formally address road maintenance through <br />private assessments. <br />2. Owners could periodically pool funds to provide maintenance on an informal basis. <br />Options for NCDOT acceptance of the road without County involvement <br />1. Property owners pay to improve the road to State standards and petition DOT to accept <br />maintenance of the road. This is typically the approach used by developers at the outset of <br />a project. <br />Options requiring County involvement- Special Assessments <br />County uses one of two special assessment methods to finance the costs of improving the <br />road to DOT standards so that it can be accepted into the DOT system. <br />Special Assessments <br />North Carolina General Statutes authorize local governments to conduct special assessments on <br />real property to finance certain public improvements that will benefit that property. Like user <br />charges, special assessments are levied in some proportion to the benefit received by the assessed <br />property. Unlike user charges, special assessments are levied against property rather than persons <br />and are typically used to fund public improvements rather than services. Special assessments are <br />liens on the property Counties may levy special assessments using one of two methods. The <br />first, or traditional method, is authorized in Article 9 of G.S. 153A and the second, or new, method <br />is authorized under Article 9A of G.S. 153A. See below for details on each method. <br />Traditional Assessment Method (GS 153A, Art. 9) Property owners would be assessed <br />their share of the costs over a period of time (usually 10 years) at an interest rate determined <br />by the County (usually 8 percent). This requires a petition from at least 75 percent of the <br />property owners who must represent at least 75 percent of the lineal frontage of the lands <br />abutting the road. If necessary, the County can condemn land for the road if the NCDOT <br />agrees that the road is needed and is willing to assume maintenance after it is improved. <br />2. New Assessment Method (GS 153A, Art. 9A) —Set to Expire June 30, 2015 During the <br />2008 and 2009 legislative sessions, the General Assembly gave municipalities and counties <br />a new special assessment authority. This approach requires a petition from more than 50 <br />percent of the property owners owning at least 66 percent of the value of the affected land <br />to agree to the assessment. Condemnation of property could be used to provide sufficient <br />R -O -W. Property owners would be assessed their share of the costs. Units can front the <br />cost of the project and recoup its investment over time with the yearly assessment <br />Page 2 of 4 <br />