AN ACT TO AMEND THE CHARTER OF THE CITY OF NEW BERN TO AUTHORIZE the CITY OF NEW BERN TO ACCEPT PAYMENTS IN LIEU OF REQUIRED SIDEWALK CONSTRUCTION.

The General Assembly of North Carolina enacts:

SECTION 1.  The Charter of the City of New Bern, being S.L. 2016‑41, is amended by adding a new Article to read as follows:

ARTICLE VI. SIDEWALK COSTS IN LIEU OF CONSTRUCTION

Section 6.1.  Sidewalk construction. The City's development regulations may require the construction of sidewalks as part of a development project. The development regulations may provide that in lieu of required sidewalk construction, the developer shall pay to the City the costs of that required sidewalk construction. When costs are paid in lieu of construction for a project, the developer shall have no further obligation to the City for sidewalk construction for that project. The City, not the developer, shall determine whether the developer constructs the sidewalk or pays construction costs in lieu of construction.

Section 6.2.  Use of funds. Construction costs in lieu received by the City shall be placed in a designated fund used by the City for general sidewalk construction throughout the City.

SECTION 2.  This act is effective when it becomes law and applies to development projects pending on or after that date.