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153A-205 ' 19~ CUMULATIVE SUPPLEMENT § 153A-205 residential streets located in the county and outside of a city in order to bring i those streets Up to the standards of the SeCondary Roads Council so that they may become a part o,f the State m,ain~ta~e,d systsm and ,s~,all.,levy and collect ; purau,ant to the prOCedures of Arti? ~ o! ~aaptsr 153A o! m.e uenerel Stat. ut. es ! special assessments against beneritea prOperty to recoup that portion of the i costs financed by the county. The local share is that share required by policies . of the SeConds~'y Roads Council, and may be paid bY the county from funds not otherwise limit&l as to use by law. Land Owned, leased, or controlled by a railroad company is exempt from such aSsessments to the same extent that it ~ Would be exempt from street assessments Of a city under G.S. 160A-222. No project may be commenced under this seCtion unless it has been approved by the Department of Trenspo.mtion. (c) Before a county may finance all or a portion of the cost of i.m. sorovements to a subdivision or residential street, it must receive a petihon for the improvements Signed by at least seventy-five percent (75Yo) of the owners of preper~y to be assessed, who must represent at least seventy-five percent (75%) of all the lineal feet of frentege of the lands abutting on the street or portion · thereof to be improved. The petition shall state that portion of the cost of the improvement to be assessed, which shall be the local share required by policies · Of the SeCondary Roads Council. "~ Property owned by.the United States shall not be included in determining t.he :, lineal feet Of frontage on the improvement, nor shall the United States be ~ included in determining the 'number of ownerS of property abutting 'the ~ improvement. Property owned by the State of North Carolina shall be included in determining frontage and the number of owners only if the State has consented to assessment as provided in G.S. 153A-189. Property owned, leased, or controlled by railroad companies shall be included in determining frontage and the number of owners to the extent the property is subject to assessment under G.S. 160A-222. Property owned, lea~ed, or controlled by railroad companies that is not subject to assessment shall not be included in determining frontage or the number of owners. No right of action or defense asserting the invalidity of street assessments on grounds that the county did not Comply with this subsection in securing a valid petition may be asserted except in an action or proceedingbegun within 90 days after the day of publication of the notice of adoption of the preliminary. assessment resolution. (d) This section is intended to provide a means of assisting in financing improvements to subdivision and residential streets that are on the State highway system or that will, as a result of the improvements, become a part of the system. By financing improvements under th~s section, a county does not thereby acquire Or assume an~ responsibility for the street or streets involved, and a county has no liabihty arising from the construction of such an improvement or the maintenance of such a street. Nothing in this section shall be construed to altar the conditions and procedures under which State system streets or other public streets are transferred to municipal street systems pursuant to G.S. 136-66.1 and 136-65.2 upon annexation by, or incorporation of, a municipality. (i975, c. 487, s. 2; c. 716, s. 7.) Editor's Note, -- The 1975 amendment "Department of TranspOrtation and Highway substituted "Department of Transportation" for Safety" in subsections {al and (b).