§ 153.49  STREETS.
   (A)   General. All public streets shall be built to the standards of this chapter and all other applicable standards of the county and the State Department of Transportation. Public streets which are eligible for acceptance into the State Highway System shall be constructed to the standards necessary to be put on the State Highway System or the standards in this chapter, whichever is stricter in regard to each particular item, and shall be put on such system. Streets which are not eligible to be put on the State Highway System because there are too few lots or residences shall, nevertheless, be dedicated to the public and shall be in accordance with the standards in this chapter or the standards necessary to be put on the State Highway System, whichever is stricter in regard to each particular item, so as to be eligible to be put on the system at a later date. A written maintenance agreement with provisions for maintenance of the street until it is put on the state system shall be recorded with the book and page referenced on the final plat.
   (B)   Subdivision street disclosure statement. All public 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 to be an offer of dedication to the public. Where streets are dedicated to the public but not accepted into a municipal or the state system, before lots are sold, a statement explaining the status of the street shall be included with the final plat.
   (C)   Half streets. The dedication of half-streets shall be prohibited.
   (D)   Margin access streets. Where a tract of land to be subdivided adjoins a principal arterial street, the subdivider may be required to provide a margin 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. Where, in the opinion of the Planning Board, it is necessary to provide for street access to an adjoining property, proposed public streets shall be extended by dedication to the boundary of such property and a temporary turn-around provided.
   (F)   Design standards. The design of all public streets and roads within the jurisdiction of this chapter 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 State Department of Transportation, Division of Highways’ Subdivision Roads Minimum Construction Standards, as revised, shall apply for any items not included in this chapter, or where stricter than this chapter.
   (G)   Public streets. For all public streets, the minimum right-of-way widths shall be 50 feet.
      (1)   Intersections.
         (a)   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.
         (b)   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.
      (2)   Cul-de-sacs. Cul-de-sacs should not exceed 2,500 feet in length unless necessitated by topography or property accessibility. 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 the turn-around of the cul-de-sac. The distance from the edge of pavement on the vehicular turn-around 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.
      (3)   Alleys.
         (a)   Alleys shall be required to serve lots used for commercial and industrial purposes except that this requirement may be waived here if definite and assured provision is made for service access. Alleys shall not be provided in residential subdivisions unless necessitated by unusual circumstances.
         (b)   The width of an alley shall be at least 20 feet.
         (c)   Dead-end alleys are not permitted.
   (H)   Private streets.
      (1)   Private streets or roads shall meet all of the other design requirements of this chapter.
      (2)   In addition, private streets and roads shall meet the following standards.
         (a)   The minimum right-of-way width shall be 50 feet.
         (b)   Private streets shall be constructed to meet all of the State Department of Transportation, Division of Highways’ Construction Standards, except for applying crushed stone or for paving.
         (c)   All private streets and roads shall be dedicated to a homeowners’ association, which meets the following.
            1.   The homeowners’ association shall be established before the lots are sold.
            2.   Membership in the association shall be mandatory for each lot buyer and all successive buyers.
            3.   The association shall be responsible for the maintenance and upkeep of the private street or road.
            4.   Any sums levied by the association that remain unpaid shall become a lien on the individual owner’s property which shall be subordinate only to tax and mortgagee liens.
            5.   A copy of the bylaws shall be provided to the Planning Board and include the following:
               a.   The name of the association;
               b.   The manner in which directors of the association are to be selected;
               c.   The post office address of the initial registered office;
               d.   The name of the city and county in which the registered office is located;
               e.   The number of directors constituting the initial Board of Directors; and
               f.   Voting rights.
   (I)   Other requirements.
      (1)   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 designated or walkways dedicated to assure convenient access to parks, playgrounds, schools, or other places of public assembly.
      (2)   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, drive, place, court, and the like. Street names shall be subject to the approval of the Planning Board.
      (3)   Street name signs. The subdivider shall be required to provide and erect street name signs to county standards at all intersections within the subdivision.
      (4)   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. The application is available at the office of the nearest district engineer of the Division of Highways.
(Ord. passed 1-8-2002)