This page offers answers to common questions about fixing roads in unincorporated Wake County where there is no entity with responsibility over the road.
We don't have an HOA. How would we do the DIY or private road option?
Both options would require property owners to develop a legal agreement of some kind to fund the project. Such an agreement, at a minimum, should set forth a binding process by which funds would be raised to pay the contractor to improve the road. In the case of the private road option, the agreement should also include language requiring current and future property owners to continue to maintain the private road, and to share in that expense. Communities planning to utilize the DIY or private road option should consult with a licensed North Carolina attorney to ensure the agreement, and any related legal documents that may be necessary, are drafted correctly.
If I don't sign the petition, would I still have to pay?
Yes. If the project is approved for county financing, the costs of the project would be divided equally among all properties that benefit, regardless of if the property owner signed the petition or not.
The petition says the estimated project cost is not a guaranteed maximum. Is there a maximum or cap on cost?
No. The actual project cost is not known until the project is publicly bid. The county does its best to work with the community on an estimate that accounts for all project elements, unforeseen circumstances, and market fluctuations.
Why is the County Program more expensive than the other options?
Wake County Government standards require certain guarantees and upfront bonds from contractors. Additionally, the county must hire a qualified engineer to prepare bid documents. This ensures the project is done correctly and on time, but it also adds cost to the project.
The County does not charge internal costs to the project, such as county staff support and administrative costs like mailings and publication of public notices.
How does the County choose a designer and contractor, and why might it be more expensive than the estimate?
The County has a qualifications-based selection process for designers and maintains a list of approved firms that have experience with this type of work. Due to legal requirements, a designer can’t be chosen based on cost alone.
The County must bid the construction portion of the project out, which is a public process where any qualified contractor may bid. The County is required to select the lowest responsive, responsible bidder. The County is required to select the bidder with the lowest price. Based on the current construction climate, the bid pricing could differ from the estimate. If the bid comes in higher, the County would work with the contractor to find ways to lower the bid price, though it may not be possible to match the initial estimate.
What happens if I am unable to pay the property assessment?
Each assessment is a lien on the lot assessed to the same extent as a lien for county or city property taxes, under the priorities set out in N.C.G.S. § 153A-200 and the County has the authority to foreclose on any unpaid or delinquent assessments. Individuals struggling to pay may be able to arrange alternative payment plans with the Tax Administration department.
What happens if I sell my property?
Property assessments are assigned to the property, so they would transfer to the new owner if not settled at the closing.
What about driveway access during construction?
The contractor would work with property owners to maintain access during construction.
What about my landscaping and mailbox?
The project would take place within the public right-of-way and may include the removal of trees or certain landscaping that does not meet NCDOT standards. During the design process, the county’s contracted consultant works with owners to identify issues such as brick mailboxes that need to be moved to meet NCDOT standards.
Why does the private road option require 100% of property owners to agree but the County program only requires 75%?
Private roads are typically designed and built at the time of the subdivision development. In this situation, the developer/builder is the sole owner of all the lots and they establish how the roadway will be maintained. When a homeowner buys a house from the developer/builder (or previous owner) they agree, through contract, to the ownership of the private road and future maintenance.
If an existing road is proposed to become a private road, the requirements mimic this process and require that 100% of homeowners approve the private road designation before it is allowed.
The County program must follow N.C.G.S. § 153A - 185, which sets the 75% requirement.