In the event that the owner of real property outside of the Town of Beech Mountain wishes to connect to the town’s road system, the town may approve a written request from a party or parties to allow a street or road to be constructed so as to connect to the town’s system provided that the following criteria are met.
(A) New development. If the requested road connection is to serve a parcel or parcels that are undergoing or are to undergo construction, development, or subdivision and such construction, development, or subdivision has not received final approval by the date of the request for the road connection, the following requirements shall apply:
(1) The party shall petition for voluntary annexation into the Town of Beech Mountain of the parcels under the party’s control which are to be served or accessed by the road connection. If the requested road connection is to serve a parcel or parcels that are part of a subdivision or development, the entire development shall be required to petition for annexation. The Town Council has the authority to waive or partially waive this requirement if it deems the annexation of the relevant property to be contrary to the interests of the Town of Beech Mountain; and
(2) The construction, development, or subdivision shall comply with all applicable sections of the Town of Beech Mountain’s zoning ordinance and subdivision regulations, including the standards for road construction, water and sewer infrastructure, building setbacks, and the like. The applicant may seek a variance from these requirements from the Board of Adjustments if applicable. If the Town Council elects not to annex the development, this section shall not apply.
(3) The road connection to be constructed shall comply with all requirements of the town and the State Department of Transportation concerning roadway width, construction standards, and right-of-way width. The applicant may seek a variance from this requirement from the Board of Adjustments if applicable.
(4) The road connection shall be dedicated to the Town of Beech Mountain. If part of a subdivision or development, other roads, utilities infrastructure, and other applicable improvements shall be dedicated to the Town of Beech Mountain in accordance with the Town of Beech Mountain’s subdivision regulations.
(B) Existing development. If the requested road connection is to serve a parcel or parcels that are part of a previously existing and approved subdivision or development, or if not part of a subdivision or development, the requested road connection is to serve existing construction that has been completed and has received all required approvals, the following requirements shall apply:
(1) The party shall petition for voluntary annexation into the Town of Beech Mountain of the parcels under the party’s control which are to be served or accessed by the road connection. If the requested road connection is to serve a parcel or parcels that are part of a subdivision or development, the entire development shall be required to petition for annexation. The Town Council has the authority to waive or partially waive this requirement; and
(2) The road connection to be constructed shall comply with all requirements of the town and the State Department of Transportation concerning roadway width, construction standards, and right-of-way width. The applicant may seek a variance from this requirement from the Board of Adjustments.
(3) The road connection shall be dedicated to the Town of Beech Mountain.
(C) Water service required. Chapter 51 of the Town of Beech Mountain Code of Ordinances shall be applicable in all respects with regard to water and sewer service to properties requesting to connect to town roads under this section, provided, however, that the applicant shall, at a minimum, request the extension of water service to provide for adequate fire protection as set forth by the North Carolina State Fire Code.
(Ord. 2014-01, passed 1-14-2014)