(a) The council will not consider the paving of any street (any of said paving designated as improvements) unless and until a petition shall be submitted requesting one or more of said improvements, specifically, signed by more than 50 percent of the number of owners who represent more than 50 percent of all the lineal feet of frontage of the lands, abutting upon the portions of the street or streets or upon the sidewalks proposed to be so improved. Improvements requested in the petition shall be clearly defined and the petition shall refer to the authority of article 10, chapter 160A, section 160A-216 et seq., General Statutes of North Carolina (G.S. 160A-216 et seq.). The petition shall be filed with the town clerk for submission to the council and the council will consider and act upon such petition as soon as feasible after submission.
(b) The council will not accept or consider a petition for paving on any street which does not meet minimum width requirements according to the widths prescribed for street classification as follows:
(1) Major thoroughfare: 45 feet (back to back of curbs).
(2) Collector street: 35 feet (back to back of curbs).
(3) Commercial street: 35 feet (back to back of curbs).
(4) Residential street including dead-end streets: 27 feet (back to back of curbs).
(c) Property owners will not be required to pay for street paving in excess of the cost of paving the width of a residential street.
(d) Any improvements as above described shall include storm drainage and connections to water, sewer and gas mains by the respective properties as required by the council.
(e) After consideration of a petition, the council shall determine whether the improvements requested in such petition shall be made, and in the event the council shall approve such improvements, the following policy shall be applicable:
(1) The town will assess the abutting property for that portion of any improvements to be paid by the abutting property owners at an equal rate per foot of abutting property and shall proceed to collect the cost according to the provisions of Carolina G.S. Ch. 160A, art. 10 (G.S. 160A-216 et seq.)., except the full cost of curb cuts shall be assessed against the abutting property.
(2) In the event the council shall deem it necessary or advisable for gas, sewer and water extensions, or any of them, to be made from the mains in the street to the property lines before any improvement is constructed, such extensions may be made by the property owners upon reasonable notice given by the town. If not done by the property owners within the time limit, the town shall cause such extensions to be made and assessed against the property so connected.
(Code 1976, § 14-22; Code 1982, § 17-43; Ord. No. 84-12, §§ 1--5, 4-26-1984)
State law reference(s)--Determination of costs, G.S. 160A-226; corner lot exemptions, G.S. 160A-219.