§ 91.02 CONSTRUCTION OF PRIVATE DRIVES; PERMIT.
   (A)   No private drive or entranceway shall be constructed upon any public street or road shoulder in the town without adequate provision through or under said way to preserve the pre-existing flow and drainage of surface water along the margin of the street or road affected.
   (B)   Before constructing or causing the construction of any drive or entranceway upon a public street or road shoulder, the owner of the lot or lots to be sewed thereby shall notify the Town Clerk in writing and the Clerk shall issue to the owner a permit for such construction when the same complies with the requirements of this section.
   (C)   (1)   Private driveways and entranceways constructed within the town right-of-way shall be constructed of stone base or asphalt and any damages or disturbance of same resulting from maintenance or installation of underground facilities located in said right-of-way shall be repaired or replaced by the Town or other entity causing the damage.
      (2)   Such repair or replacement or existing driveways or entrances or curbing or obstruct ions constructed of concrete, brick pavers, or similar materials shall be the sole responsibility of the property owner. The construction of curbing or obstructions across the town right-of-way is prohibited.
         (a)   No person, firm, corporation, governmental body, or agency shall construct or cause to be constructed any drive or entranceway upon or connecting to any public street or road shoulder in the town which drive or entranceway shall serve or be designed to serve dwelling(s), residence(s), building(s), business(es) or separately platted lot(s), or any area, without first receiving written permission from the Town Board of Commissioners. This chapter shall not, however, apply to those applicants who receive driveway entrances by obtaining a certificate of zoning compliance for a new residence. The Board may grant or deny permission or may grant permission upon such terms as it, in its discretion, deems reasonably necessary to protect the best interest of the town.
         (b)   In determining whether or not to grant permission and if granted, under what conditions, the Board may consider and employ the provisions of G.S. §§ 160A-11, 160A-174, 160A-296, 160A-300, and 160A-307, and all other applicable statutes now or hereafter enacted by the State General Assembly.
(2013 Code, § 15-4) Penalty, see § 91.99