§ 50-146. Streets.

(a)

Types of streets required. All subdivision lots shall abut on a public street, with the exception of commercial uses located within the C-2 zoning district which shall abut on a public street or an approved private street, right-of-way or easement leading directly to a public street. All subdivision streets shall be dedicated to the town. All public streets shall be built to the standards of this article and all other applicable standards of the town and the state department of transportation. Public streets shall be constructed to the standards necessary to be put on the state highway system or the standards in this article, whichever is stricter in regard to each particular item, and shall be put on such system. A written maintenance agreement with provisions for maintenance of the street until it is put on the town's system shall be included with the final plat. Private streets, rights-of-way and easements shall be subject to approval and shall be constructed in accordance with the town's parking, loading, driveway and sidewalk requirements as well as the applicable street design standards.

(b)

Subdivision street disclosure statement. All streets shown on the final plat shall be designated in accordance with G.S. 136-102.6 and designation as public shall be conclusively presumed an offer of dedication to the public. Where streets are dedicated to the public but not accepted into a municipal or state system, before lots are sold, a statement explaining the status of the street shall be included with the final plat. The provisions outlined in subsection (a) of this section will apply.

(c)

Half streets. The dedication of half streets of less than 60 feet at the perimeter of a new subdivision shall be prohibited. If circumstances render this impracticable, adequate provision for the concurrent dedication of the remaining half of the street shall be furnished by the subdivider. Where there exists a half street in an adjoining subdivision, the remaining half shall be provided by the proposed subdivision. However, in circumstances where more than 60 feet of right-of-way is required, a partial width right-of-way, not less than 60 feet in width, may be dedicated when adjoining undeveloped property is owned or controlled by the subdivider; provided that the width of the partial dedication is such as to permit the installation of such facilities as may be necessary to serve abutting lots. When the adjoining property is subdivided, the remainder of the full required right-of-way shall be dedicated.

(d)

Marginal-access streets. Where a tract of land to be subdivided adjoins a principal arterial street, the subdivider may be required to provide a marginal-access street parallel to the arterial street or reverse frontage on a minor street for the lots to be developed adjacent to the arterial. Where reverse frontage is established, private driveways shall be prevented from having direct access to the principal arterial.

(e)

Access to adjacent properties. Roadway interconnections will be provided between the development site and its adjacent properties as specified for the zoning district classification.

(1)

R-20, RMH, C-3.

a.

Local street (minor). Development properties zoned R-20, RMH, or C-3 shall provide roadway interconnections between the development site and its adjacent properties with a minimum of at least one residential local subdivision road interconnection every 2,500 linear foot increment for each direction (north, south, east, west) in which the development property abuts.

1.

There shall be at least 750 linear feet between interconnections.

2.

The planning board may delay the interconnection if such interconnection requires state approval.

3.

A residential collector road may be substituted in place of a residential local subdivision road.

4.

If the common property boundary in any direction is less than 2,500 linear feet, the subject property will be required to provide an interconnection if it is determined by the planning board that the interconnection in that direction can best be accomplished through the subject property.

5.

When the planning board deems a vehicular connection is impractical due to environmental constraints, as indicated on the approved collector street suitability map, the board may:

(i)

Increase the length requirement; or

(ii)

Require non-motorized connections in lieu of the vehicular connection; or

(iii)

Reduce the number of required.

6.

When the planning board requires a non-motorized connection in lieu of the vehicular connection, the board shall determine, as part of its approval, if the construction of the non-motorized connection and its recording as a public easement is required at the time of development or if it shall be recorded as a public easement and not constructed.

b.

Minor thoroughfare (collector). Development properties zoned R-20, RMH, or C-3 shall provide roadway interconnections between the development site and its adjacent properties with a minimum of at least one residential collector road interconnection every 8,000 linear feet for each direction (north, south, east, west) in which the development property abuts.

1.

The planning board may delay the interconnection if such interconnection requires state approval.

2.

If the common property boundary in any direction is less than 8,000 linear feet, the subject property will be required to provide an interconnection if it is determined by the planning board that the interconnection in that direction can best be accomplished through the subject property.

3.

When staff recommends that a vehicular connection is impractical due to environmental constraints, as indicated on the approved collector street suitability map, the planning board may reduce the number of required connections or modify the collector street location so as to conform with the town's latest collector street plans.

c.

Effect of traffic impact analysis on connectivity standards. A property owner or developer may submit a traffic impact analysis, per section 66-316. The recommendations of the TIA, as approved per section 66-316, may be substituted for the requirements of this section, upon planning board approval.

d.

Connections to property outside of town boundaries. Any required interconnection, whether pedestrian or vehicular, may be waived by the planning board, or the town council in the case of PUD developments, should it be determined that the adjoining property is not within the town's jurisdiction and a low probability of annexation exists.

(2)

R-15, C-1, C-2, O&I.

a.

Local street (minor). Development properties zoned R-15, C-1, C-2, or O&I shall provide roadway interconnections between the development site and its adjacent properties with a minimum of at least one residential local subdivision road interconnection every 2,000 linear foot increment for each direction (north, south, east, west) in which the development property abuts.

1.

There shall be at least 1,000 linear feet between interconnections.

2.

The planning board may delay the interconnection if such interconnection requires state approval.

3.

A residential collector road may be substituted in place of a residential local subdivision road.

4.

If the common property boundary in any direction is less than 2,000 linear feet, the subject property will be required to provide an interconnection if it is determined by the planning board that the interconnection in that direction can best be accomplished through the subject property.

5.

When the planning board deems a vehicular connection is impractical due to environmental constraints, as indicated on the approved collector street suitability map, the board may:

(i)

Increase the length requirement; or

(ii)

Require non-motorized connections in lieu of the vehicular connection; or

(iii)

Reduce the number of required.

6.

When the planning board requires a non-motorized connection in lieu of the vehicular connection, the board shall determine, as part of its approval, if the construction of the non-motorized connection and its recording as a public easement is required at the time of development or if it shall be recorded as a public easement and not constructed.

b.

Minor thoroughfare (collector). Development properties zoned R-15, C-1, C-2, or O&I shall provide roadway interconnections between the development site and its adjacent properties with a minimum of at least one residential collector road interconnection every 5,000 linear feet for each direction (north, south, east, west) in which the development property abuts.

1.

The planning board may delay the interconnection if such interconnection requires state approval.

2.

If the common property boundary in any direction is less than 5,000 linear feet, the subject property will be required to provide an interconnection if it is determined by the planning board that the interconnection in that direction can best be accomplished through the subject property.

3.

When staff recommends that a vehicular connection is impractical due to environmental constraints, as indicated on the approved collector street suitability map, the planning board may reduce the number of required connections or modify the collector street location so as to conform with the town's latest collector street plans.

c.

Effect of traffic impact analysis on connectivity standards. A property owner or developer may submit a traffic impact analysis, per section 66-316. The recommendations of the TIA, as approved per section 66-316, may be substituted for the requirements of this section, upon planning board approval.

d.

Connections to property outside of town boundaries. Any required interconnection, whether pedestrian or vehicular, may be waived by the planning board or the town council in the case of PUD developments, should it be determined that the adjoining property is not within the town's jurisdiction and low probability of annexation exists.

(3)

R-6, MF, PUD.

a.

Local street (minor). Development properties zoned R-6, MF, or PUD shall provide roadway interconnections between the development site and its adjacent properties with a minimum of at least one residential local subdivision road interconnection every 1,000 linear foot increment for each direction (north, south, east, west) in which the development property abuts.

1.

There shall be at least 500 linear feet between interconnections.

2.

The planning board, town council in the case of PUD developments, may delay the interconnection if such interconnection requires state approval.

3.

A residential collector road may be substituted in place of a residential local subdivision road.

4.

If the common property boundary in any direction is less than 1,000 linear feet, the subject property will be required to provide an interconnection if it is determined by the planning board, town council in the case of PUD developments, that the interconnection in that direction can best be accomplished through the subject property.

5.

When the planning board deems a vehicular connection is impractical due to environmental constraints, as indicated on the approved collector street suitability map, the board may:

(i)

Increase the length requirement; or

(ii)

Require non-motorized connections in lieu of the vehicular connection; or

(iii)

Reduce the number of required connections.

6.

When the planning board requires a non-motorized connection in lieu of the vehicular connection, the board shall determine, as part of its approval, if the construction of the non-motorized connection and its recording as a public easement is required at the time of development or if it shall be recorded as a public easement and not constructed.

b.

Minor thoroughfare (collector). Development properties zoned R-6, MF, or PUD shall provide roadway interconnections between the development site and its adjacent properties with a minimum of at least one residential collector road interconnection every 3,000 linear feet for each direction (north, south, east, west) in which the development property abuts.

1.

The planning board, town council in the case of PUD developments, may delay the interconnection if such interconnection requires state approval.

2.

If the common property boundary in any direction is less than 3,000 linear feet, the subject property will be required to provide an interconnection if it is determined by the planning board, town council in the case of PUD developments, that the interconnection in that direction can best be accomplished through the subject property.

3.

When staff recommends that a vehicular connection is impractical due to environmental constraints, as indicated on the approved collector street suitability map, the planning board, town council in the case of PUD developments, may reduce the number of required connections or modify the collector street location so as to conform with the town's latest collector street plans.

c.

Effect of traffic impact analysis on connectivity standards. A property owner or developer may submit a traffic impact analysis, per section 66-316. The recommendations of the TIA, as approved per section 66-316, may be substituted for the requirements of this section, upon planning board, town council in the case of PUD developments, approval.

d.

Connections to property outside of town boundaries. Any required interconnection, whether pedestrian or vehicular, may be waived by the planning board, or the town council in the case of PUD developments, should it be determined that the adjoining property is not within the town's jurisdiction and low probability of annexation exists.

(4)

Planned unit developments approved prior to September, 2015. Notwithstanding anything to the contrary in subsection (e)(3) of this section, the following shall apply to planned unit developments approved prior to September, 2015, in accordance with section 66-313:

a.

Existing PUD districts with master land use plans approved prior to September, 2015 in accordance with section 66-313 shall provide roadway interconnections between the development site and adjacent properties as shown on the most recently adopted master land use plan or applicable site specific plan. In approving any amendment to, placing any condition on or making any modification to the master land use plan or any site specific plan for such a PUD district, the town council may reduce but shall not have the authority to increase the number or vary the location of such roadway interconnections shown on the most recently adopted master land use plan or applicable site specific plan and shall consider the following criteria in making any amendment:

1.

Connections identified on the adopted collector street plan map;

2.

Connections identified on the town's adopted street infill map;

3.

Potential impacts on surrounding properties and existing neighborhoods;

4.

Jurisdiction of adjacent properties; and

5.

Environmental conditions.

b.

Provided that nothing contained herein shall prevent the town council from approving new additional roadway interconnections to adjacent properties or relocating existing roadway interconnections to adjacent properties if requested to do so by the PUD district developer or owner.

(f)

Nonresidential streets. The subdivider of a nonresidential subdivision shall provide streets in accordance with the standards contained in the most current edition of the North Carolina Roads, Minimum Construction Standards booklet, and the standards in this article, whichever are stricter in regard to each particular item.

(g)

Design standards. The design of all streets and roads within the jurisdiction of this article shall be in accordance with the accepted policies of the state department of transportation, division of highways, as taken or modified from the American Association of State Highway Officials (AASHO) manuals. The most current edition of the state department of transportation, division of highways subdivision roads minimum construction standards, shall apply for any items not included in this article, or where stricter than this article.

(h)

Right-of-way widths of all streets and roads within the jurisdiction of this article shall conform to the most current edition of the state department of transportation, division of highways subdivision roads minimum construction standards. All other restrictions on such right-of-way widths as set forth in said standards shall apply.

(i)

Street paving widths. Paving widths for street and road classifications shall be as required by the mutually adopted thoroughfare plan, where applicable, and according to the minimum standards adopted by the state department of transportation.

(j)

Minimum sight distances. In the interest of public safety, no less than the minimum sight distance applicable (for roads), according to the state department of transportation, shall be provided in every instance.

(k)

Intersections.

(1)

Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at an angle less than 60 degrees.

(2)

Property lines at intersections should be set so that the distance from the edge of pavement, of the street turnout, to the property line will be at least as great as the distance from the edge of pavement to the property line along the intersecting streets. This property line can be established as a radius or as a sight triangle. Greater offsets from the edge of pavement to the property line will be required, if necessary, to provide sight distance for the vehicle on the side street.

(3)

Offset intersections are to be avoided unless exception is granted by the state division of highways. Intersections which cannot be aligned should be separated by a minimum length of 200 feet between survey centerlines.

(4)

Intersections with arterials, collectors and thoroughfares shall be at least 1,000 feet from centerline to centerline, or more if required by the state department of transportation.

(l)

Cul-de-sacs. Permanent dead-end streets should not exceed 500 feet in length unless necessitated by topography or property accessibility and in no case shall be permitted to be over 900 feet. Measurements shall be from the point where the centerline of the dead-end street intersects with the center of the turnaround of the cul-de-sac. Where one cul-de-sac intersects with another cul-de-sac, the end of each cul-de-sac shall be no more than 500 feet to 900 feet from a through street, measured as stated in this subsection. The distance from the edge of pavement on the vehicular turnaround to the right-of-way line shall not be less than the distance from the edge of pavement to right-of-way line on the street approaching the turnaround. Cul-de-sacs should not be used to avoid connection with an existing street or to avoid the extension of an important street unless exception is granted by the planning board.

(m)

Alleys.

(1)

Alleys shall be required to serve lots used for commercial and industrial purposes, except that this requirement may be waived where other definite and ensured provision is made for service access.

(2)

Alleys shall not be provided in residential subdivisions unless necessitated by unusual circumstances.

(3)

The width of an alley shall be at least 20 feet.

(4)

Dead-end alleys shall be avoided where possible but if unavoidable, shall be provided with adequate turnaround facilities at the dead-end as may be approved by the planning board.

(5)

Sharp changes in alignment and grade shall be avoided.

(6)

All alleys shall be designed in accordance with state department of transportation standards.

(n)

Through traffic discouraged on residential collector and local streets. Residential collector and local streets shall be laid out in such a way that their use by through traffic will be discouraged. Streets shall be designed or walkways dedicated to ensure convenient access to parks, playgrounds, schools or other places of public assembly.

(o)

Multimodal design provisions.

(1)

Sidewalks or similar walkways, and multi-use paths as appearing in the officially adopted plans of the town found in section 50-62, shall be required along all new public and private streets and all existing streets on which the parcel(s) to be subdivided have frontage.

(2)

Sidewalks shall be a minimum width of five feet on both sides of the street or eight feet on one side of the street and consist of a minimum thickness of four inches of concrete. Sidewalks shall consist of a minimum of six inches of concrete at driveway crossings.

(3)

Multi-use paths shall meet the design and width requirements of the plan in which it is recommended as determined by the subdivision administrator in conjunction with the technical review committee. The use of bicycle friendly design treatments (wide outside lanes, sharrows, dedicated routes, bike lanes, shared use paths or other similar facilities) is encouraged.

(4)

All sidewalks and multi-use paths shall be placed in the right-of-way unless the development is platted as a planned unit or group development.

(p)

Street names. Proposed streets which are obviously in alignment with existing streets shall be given the same name. In assigning new names, duplication of existing names shall be avoided; and in no case shall the proposed name be phonetically similar to existing names in the county irrespective of the use of a suffix such as street, road, drive, place, court, etc. Street names shall be subject to approval of the planning board.

(q)

Street name and traffic control signs. The subdivider shall be required to provide and erect street name and traffic control signs to town standards at all appropriate locations within the subdivision.

(r)

Permits for connection to state roads. An approved permit is required for connection to any existing state road system. This permit is required prior to any construction on the street or road. The application is available at the office of the nearest district engineer of the state division of highways.

(s)

Wheelchair ramps. In accordance with G.S. 136-44.14, all street curbs in the state being constructed or reconstructed for maintenance procedures, traffic operations, repairs, correction of utilities or altered for any reason shall provide wheelchair ramps for the physically handicapped at all intersections where both curb and gutter and sidewalks are provided and at other major points of pedestrian flow.

(t)

Horizontal width on bridge deck.

(1)

The clear roadway widths for new and reconstructed bridges serving two lane, two-way traffic shall be as follows:

a.

Shoulder section approach.

1.

Under 800 ADT design year, minimum 28 feet width face-to-face of parapets or rails or pavement width plus ten feet, whichever is greater.

2.

Eight hundred to 2,000 ADT design year, minimum 34 feet width face-to-face of parapets or rails or pavement width plus 12 feet, whichever is greater.

3.

Over 2,000 ADT design year, minimum 40 feet. Desirable 44 feet width face-to-face of parapets or rails.

b.

Curb and gutter approach.

1.

Under 800 ADT design year, minimum 24 feet face-to-face of curbs.

2.

Over 800 ADT design year, width of approach pavement measured face-to-face of curbs. Where curb and gutter sections are used on roadway approaches, curbs on bridges shall match the curbs on approaches in height, in width of face-to-face curbs, and in crown drop. The distance from face to curb to face of parapet or rail shall be one foot six inches minimum, or greater if sidewalks are required.

(2)

The clear roadway widths for new and reconstructed bridges having four or more lanes serving undivided two-way traffic shall be as follows:

a.

For shoulder section approach, width of approach pavement plus width of usable shoulders on the approach left and right, minimum eight feet, desirable ten feet.

b.

For curb and gutter approach, width of approach pavement measured face-to-face of curbs.

(u)

Dedication of street right-of-way. If any portion of property to be subdivided is included within a corridor for a street on a plan established and adopted pursuant to G.S. 136-66.2, the subdivider shall be obligated to dedicate a right-of-way for such street within that corridor in accordance with the provisions of G.S. 136-66.10.

(v)

No restriction for public use. Except as provided in subsection (x) of this section, streets in a subdivision or PUD shall not be gated or otherwise restricted for public use.

(w)

Additional requirements for collector streets. Collector streets shall be designed in a manner that promotes community connectivity while simultaneously promoting appropriate travel speeds within neighborhoods. NCDOT complete streets design standards shall be applied for collector streets with the expressed intent of promoting community mobility. Furthermore, the use of approved traffic calming devices are permitted along existing collector streets. Future collector streets should include a combination of design elements (i.e., active and passive traffic calming techniques) to ensure that new streets do not encourage excessive speeds.

(x)

Private streets; gated communities. Notwithstanding anything in this article to the contrary, subdivisions with exclusively private streets and restricted public access points ("gated communities") shall be approved, provided the conditions in this section are satisfied.

(1)

Private streets or gated communities shall not obstruct any identified corridor, proposed road connection, or bicycle or pedestrian pathways identified on the approved plans, including, but not limited to, collector street plans, infill maps, bicycle plans, pedestrian plans, or other recognized transportation plans. Streets and connections identified within any of these plans shall be designated as public, shall not be gated, and shall remain open for public use.

(2)

All pedestrian and bicycle pathways, to include sidewalks, multi-use paths, and on-street bike lanes, shall be recorded on final plats as public easements.

(3)

Any or all required points of vehicular access in a subdivision may provide access restrictions in the form of an electronically controlled gate, so long as such gate may be opened by emergency responders by way of siren activation or other method approved by the town. During times of emergency evacuation (such as a natural disaster), gates shall be required to be opened to provide alternative evacuation routes at the discretion of town officials.

(4)

All internal streets in a gated community shall be designated private and maintained as such by a private owner or property owners' association. Private streets shall conform to the same standards provided for the design and construction of public streets.

(5)

Bicycle lanes and sidewalks, or similar walkways, constructed to the standards set out in subsection (o) of this section, shall be required along all private streets in a gated community. The use of additional or alternative pedestrian and bicycle friendly design treatments, such as wide outside lanes, sharrows, dedicated routes, shared use paths or other similar facilities, may be permitted with approval of the planning board or town council in the case of PUDs. Public access for pedestrian and bicycle traffic at required points of access in a gated community shall not be restricted by electronically controlled gates or otherwise.

(6)

All entry gates and their associated control devices shall be constructed a sufficient distance from the public street providing access to the gated community to allow for the stacking of at least 100 feet approaching the entry gate from such public street right-of-way.

(7)

Entry gates shall be designed so as to minimize impact of waiting traffic on public streets. This may include multiple lanes, and or separate lanes designated for residents and for delivery or nonresident traffic.

(8)

The planning board, or town council in the case of PUDs, may require a turn lane along existing streets should conditions warrant.

(9)

In the case of emergency, as determined by town officials, all gates shall be locked in the open position so as to allow free flow of traffic.

(10)

A gated community shall comply with all requirements and standards applicable to any other subdivision in the town except to the extent any such requirement or standard is specifically superseded by this section.

(11)

Private streets/gated communities shall be permitted in all town zoning districts other than FlexCode Zone (FCZ) or Transect Zones (T1, T2, T3, T4, T4O, T5).

(Code 2003, § 22-145; Ord. of 9-21-1995, § 405; Ord. No. 95-SD1, § 405.1, 10-19-1995; Ord. No. 03-10, § 1, 4-17-2003; Ord. No. 12-04, § 1, 4-19-2012; Ord. No. 12-05 , § 1, 6-21-2012; Ord. No. 14-06, § 1, 1-16-2014; Ord. No. 14-04, § 1, 2-20-2014; Ord. No. 14-05, § 1, 2-20-2014; Ord. No. 14-12, § 1, 5-15-2014; Ord. No. 15-20, § 1, 10-15-2015; Ord. No. 15-15 , § 2, 1-21-2016; Ord. No. 16-07 , §§ 1, 2, 4-21-2016; Ord. No. O17-009 , § 1, 6-22-2017; Ord. No. O19-002 , § 1, 2-21-2019)

State law reference

Unit ownership act, G.S. 47A-1 et seq.