§ 156.46 REQUIREMENTS AND DESIGN STANDARDS FOR PRIVATE ROADS (COUNTY STANDARD).
   (A)   The design standards for residential subdivision streets shall meet either the minimum construction standards for secondary roads as required by the North Carolina Department of Transportation or the minimum construction requirements for private (county standard) roads, as applicable. When state standards are to be met, the developer shall submit proposed road specifications for the approval of the local Department of Transportation office prior to submitting a preliminary plat.
   (B)   Private roads may be allowed, shall meet the following requirements. The residential subdivision does not include any part of a proposed thoroughfare or street shown on the Ashe County Comprehensive Transportation Plan, and the developer shall reference on the final plat the recording of a roads instrument that provides the following:
      (1)   Guarantees full right of access via any private road in the residential subdivision to any lot served by that road.
      (2)   Specifies the standards to which private roads in the residential subdivision have been designed and constructed.
   (C)   Design standards for private roads.
      (1)   Right-of-way width. Right-of-way width for private county standard roads shall be not less than 45 feet.
      (2)   Width of road. Graded width of roadbed including ditch and shoulder areas shall have a minimum width of 25 feet.
      (3)   Stoned or paved area. Road travel area may be either stoned or paved, and shall have a minimum width of 18 feet.
         (a)   Where stone is used, it shall be "crusher-run" or DOT approved "ABC" stone compacted to a minimum of four inches. In locations where soil conditions require additional stone or other acceptable means to attain a stable roadbed, the developer shall complete the necessary road stabilization prior to submitting the final plat for approval.
         (b)   If the developer elects to pave private roads, the developer shall meet the requirements of the North Carolina Department of Transportation pertaining to stone base and top surface.
      (4)   Shoulder areas and ditches. Shoulder area on cut side shall be a minimum of four feet in width and shall provide a drainage ditch of adequate size to accommodate stormwater runoff based on terrain and location. Shoulder width on fill side shall be a minimum width of three feet. In locations where cuts are required on both sides of the road, drainage ditches and shoulders shall occupy approximately three and one-half feet on each side.
      (5)   Cuts and fills. Cuts and fills shall have a maximum slope of 1:1 (one foot horizontal spread to each foot vertical rise). All cuts and fills shall be seeded when weather and season permits.
      (6)   Benching. Where the terrain cross grade is 20% or greater, the fill side shall be benched a minimum width of six feet at the base of the fill and fill material shall be well compacted. Neither brush nor stumps shall be placed in the roadbed or within any part of the fill.
      (7)   Road grades. Maximum grade for a gravel-surfaced road shall be 15%. Maximum grade for a road paved in accordance with § 156.46(C)(3)(b) shall be 18%.
      (8)   Culverts and drainage. Culverts shall be of adequate size to discharge stormwater from any given area depending upon terrain and location. Minimum culvert size shall be 15 inches inside diameter.
         (a)   Culverts may be either corrugated metal, plastic, or concrete (bell or spigot) and shall be installed on a constant grade of sufficient degree to ensure proper drainage and a minimum danger of becoming clogged with debris or mud. Concrete culverts shall not be permitted where it cannot extend sufficient distance from the fill side of the road to prevent discharge from eroding the road bank.
         (b)   All culverts shall have a minimum cover of 12 inches of well-compacted earth.
      (9)   Curve radius. All curves in private (county standard) roads shall have a radius of no less than 40 feet as measured from the centerline of the travel area.
      (10)   Bridges. Proposed bridges which will be part of a private road shall accommodate two lanes of traffic. Bridges shall be constructed to meet North Carolina Department of Transportation specifications except that the width may be reduced to 20 feet. Confirmation that a proposed bridge meets these specifications must be provided by a Department of Transportation engineer or by a licensed professional engineer.
      (11)   Cul-de-sac. Turnaround right-of-way width shall be 70 feet in diameter for round-design cul-de-sac. The gravel surface shall be a maximum of 40 feet in diameter. However, if the terrain prevents the construction of a round-design cul-de-sac, "tee" or "y" types of turnarounds may be constructed. In said cases, right-of-way shall be 45 feet in width. The gravel width shall be 18 feet in both a "tee" and a "y" turnaround.
      (12)   Property lines on private roads. Property lines may be located along with the centerline of the proposed road and shall have a 22-1/2 foot road right-of-way measured from the centerline to each side of the road. If this method is used it shall be clearly indicated on the plats and incorporated in all deed conveyances. If the developer elects, he may place property lines(s) 22-1/2 feet from the centerline of the road(s) thereby providing a 45-foot right-of-way.
         (a)   Property markers (iron, granite, or concrete monument) shall be placed at the intersection of the right-of-way and property line at a point measured 22-1/2 feet from the center of the road.
         (b)   The minimum building setback distance from the road abutting the front of the property shall comply with the North Carolina Building Code.
         (c)   Design standards for lot frontage. Road frontage. All lots shall have at least 45 feet of road frontage on a state maintained or private road. Up to three lots may be accessed off a round design cul-de-sac with a minimum frontage of 40 feet.
         (d)   Roads and utility easements inside the floodplain.
            1.   Private roads may only be placed inside the hundred year floodplain to access the tract of land being developed from a state maintained road. The road must exit the 100-year floodplain as quickly as reasonably possible, and once outside the 100-year floodplain, may not reenter the 100-year floodplain.
            2.   Utility easements may only be placed inside the 100-year floodplain to access the tract of land being developed from a state maintained road. The utility easements must exit the 100-year floodplain as quickly as reasonably possible, and once outside the 100-year floodplain, may not reenter the 100-year floodplain.
(Ord. passed 3-20-96; Am. Ord. passed 2-1-99; Am. Ord. passed 4-8-02; Am. Ord. passed 6-15-09; Am. Ord. passed 12-19-22; Am. Ord. passed 8-21-23) Penalty, see § 156.99