(A) General. All streets located within the town’s subdivision jurisdiction shall be dedicated to the public, except as provided in division (A)(3) below, and shall meet the minimum design and construction requirements as herein described; provided, however, that, a reduction of pavement width to 16 feet may be approved by the Planning Board and Town Council if the developer will install a concrete gutter system and a storm drainage system. The Planning Board and Council shall review and approve modifications to the said design standards.
(1) Standards for streets within the town of banner elk and in any subdivision using town water and/or sewer. All streets dedicated to public use within the town’s jurisdiction which are located in subdivisions that use the town’s water and/or sewer systems shall be designed, constructed and paved to the state’s Department of Transportation’s standards as provided in the publication, Subdivision Roads, Minimum Construction Standards, 5-1-1983, or hereafter amended.
(2) Standards for streets when subdivisions do not use town water or sewer. Except as provided in division (A)(3) below, all streets dedicated to public use within the town’s jurisdiction which are located in subdivisions that do not use the town’s water or sewer system shall be designed to meet the minimum standards of the Department of Transportation for right-of-way width, cross-section design, alignment and grade. A written maintenance agreement sufficient for recording in the office of the Register of Deeds shall be submitted with the final plat. Said maintenance agreement will provide for the subdivider or a property owners’ association to maintain the street, drainage facilities, and right-of-way until such times as the street is accepted for maintenance by the state.
(3) Private streets. Private streets may be permitted in a Planned Residential Development, Planned Residential-Craft District or a Planned Commercial District in accordance with the provisions in Ch. 152 of this code of ordinances. Private streets may also be approved when all lots within a subdivision abut an existing private right-of-way; provided, no new right-of-way is dedicated and the existing road cannot be feasibly extended to other properties. When private streets are used, said streets shall be designed to meet the minimum construction standards of the Department of Transportation publication, Subdivision Roads, Minimum Construction Standards, 1-1-2000, or as hereafter amended, for right-of-way width, cross-section design, alignment and grade. All private streets shall have a written maintenance agreement sufficient for recording in the office of the Register of Deeds. Said maintenance agreement will provide for the developer or property owners’ association to perpetually own and maintain the streets, drainage facilities and rights-of-way within the development and shall be submitted with the final plat.
(B) Subdivision street disclosure statement. All streets shown on the final plat shall be designated in accordance with G.S. § 136-102.6, and designated as public shall be conclusively presumed on offer of dedication to the public. Where streets are dedicated to the public, but are not accepted into the town or state highway system, before lots are sold, a statement explaining the status of the street and the required ownership and maintenance agreements required herein shall be included with the final plat.
(C) Half-streets. The dedication of half-streets at the perimeter of a new subdivision shall be prohibited, except when there exists a half-street in an adjoining subdivision. Where an existing half-street exists in an adjoining subdivision, the remaining half shall be provided by the proposed subdivision. The proposed subdivision shall provide the amount of right-of-way required to meet the state’s standards required in divisions (A) or (B) above.
(D) Access to adjacent properties. Where, in the opinion of the Town Council, it is necessary to provide street access to an adjoining property, proposed streets shall be extended by dedication to the boundary of such property and a temporary turn-around provided.
(E) Non-residential streets. The subdivider of a non-residential subdivision shall provide streets in accordance with F-4 of the North Carolina Subdivision Roads, Minimum Construction Standards, 7-1-1985, or as hereafter amended.
(F) Design standards.
(1) The design of all streets and roads within the jurisdiction of this chapter shall be in accordance with the standards and requirements of state’s Department of Transportation’s Subdivision Roads.
(2) Minimum Construction Standards, 7-1-1985, or as hereafter amended, the more stringent requirement shall be required.
(a) Intersections.
1. Subdivision 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 the 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 lines 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 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’s Department of Transportation.
(b) 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. Measurement shall be from the point where the centerline of the dead end street intersects with the center of a through street to the center of turnaround of the cul-de-sac, the end of each cul-de-sac shall be not more than 500 to 900 feet from a through street, measured as stated above. The distance from the edge of pavement of 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 turn-around. 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 Town Council.
(c) Alleys.
1. Alleys shall be required to serve lots used for commercial and industrial purposes; except that, the requirement may be waived where other definite and assured provision is made for service access.
2. The width of an alley shall be at least 20 feet.
3. Dead end alleys shall be avoided where possible, but if unavoidable shall be provided with adequate turn-around facilities at the dead end as may be approved by the Town Council.
4. Sharp changes in alignment and grade shall be avoided.
(G) Thoroughfare plan. The provision of street and road rights-of-way shall conform to and meet the requirements of the town’s thoroughfare plan as adopted by the Town Council and the state’s Board of Transportation.
(H) Other requirements.
(1) 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 to the use of a suffix such as street, road, drive, place, court and the like. Street names shall be subject to the approval of the Town Council.
(2) Street name signs. The subdivider shall be required to provide and erect street name signs in accordance with the requirements of the Subdivision of Roads, Minimum Construction Standards, 7-1-1985, or as hereafter amended, at all intersections within the subdivision.
(3) Permits for connection to state roads. An approved permit is required for connection to any existing state system road. This permit is required prior to any construction on the street or road. This application is available at the office of the district engineer of the Division of Highways.
(Ord. passed - -; Ord. passed 2-3-1986; Ord. passed 11-4-1991; Ord. passed 3-1-1993; Ord. passed 11-13-2000)