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   8.1.4   Improvements
      (A)   Streets
         (1)   All streets within a development shall conform to the requirements of this Section and Policy Statement No. 62 (Collector Streets), as may be amended from time to time by the Town Council. These standards are considered to be minimum standards and may be increased in a particular instance, where necessary to make a proposed street conform to sound traffic engineering standards and principles and the Town's Standard Specifications and Details Manual .
         (2)   The street layout in the development shall conform to the arrangement, width, and location indicated on the Comprehensive Transportation Plan Planned Roadway Widths Map. For streets not indicated on that plan, the streets shall be designed and located with regard to existing and proposed streets, to the topography of the area, to such natural features as streams and tree growth, to public convenience and safety, and to the proposed use of land to be served by such streets. The proposed street layout shall be consistent with good land planning practices for the type of development proposed, and shall be coordinated with the street system of surrounding areas. All streets shall provide for the continuation or extension of the principal streets in surrounding areas and shall provide reasonable means of ingress and egress for surrounding properties. The Transportation and Facilities Director may waive construction of the required road improvements identified in the current Comprehensive Transportation Plan where the roadway was previously widened with curb and gutter to dimensional width standards consistent with the 2001 Thoroughfare Plan.
         (3)   Street rights-of-way shall meet the minimum widths stated in the Town's Standard Specifications and Details Manual and, if the street is indicated on the Comprehensive Transportation Plan Planned Roadway Widths Map, the minimum width shown on the Comprehensive Transportation Plan Planned Roadway Widths Map.
         (4)   The pavement width of each street shall meet the minimum width stated in the Town's Standard Specifications and Details Manual .
         (5)   All horizontal curves, vertical curves, grades, and intersections shall conform to the applicable requirements set forth in the Town's Standard Specifications and Details Manual .
         (6)   Cul-de-sacs shall comply with the length limits and design standards set forth in the Town's Standard Specifications and Details Manual , and shall be provided with a turnaround at the closed end. Also see Connectivity requirements in Section 7.10 .
CUL-DE-SAC
         (7)   The names of streets and the addresses of individual lots in the development shall be reviewed and approved as part of the preliminary plat. The names of new streets shall not duplicate or be similar to the names of existing streets anywhere in Wake County or Chatham County, or in portions of Durham County that fall within Cary’s corporate limits. Where a new street extends or continues an existing street, the name of the existing street shall be used for the new street. All street names will be submitted to the Planning Department for approval. A change in the suffix (i.e. St., ed. Constructions), when added to the new name, shall not constitute a new name.
         (8)   All streets and areas immediately adjacent to the streets shall be cleared and graded to provide adequate drainage, and pedestrian walkways that may be required under Section 7.10, Connectivity, of this Ordinance. Existing vegetation along the right-of-way shall not be negatively affected by such clearing and grading activities. The finished grade, cross-section, and profile shall be approved in conjunction with the final plat.
         (9)   The property owner/developer shall install the road base and paving necessary to meet the requirements of this Ordinance and the Town's Standard Specifications and Details Manual.
         (10)   Land needed for right-of-way as depicted on the Comprehensive Transportation Plan shall be dedicated at the time of final plat approval (or first certificate of occupancy if no plat is required), unless such dedication is modified pursuant to the standards of LDO Section 3.19.1 Minor Modifications or the development plan is classified as an "exempt" development plan. The amount of land to be dedicated shall be based upon the requirements listed in the Comprehensive Transportation Plan.
         (11)   Transportation development fees shall be paid in accordance with the provisions of Section 7.11 of this Ordinance. Developers may request to enter into a TDF Agreement for thoroughfare improvements in accordance with Section 7.11.14 of this Ordinance. Each person entering into such a TDF Agreement shall, prior to final plat approval (or first certificate of occupancy if no plat is required), furnish the Town with a performance guarantee as defined by G.S. 160D-804.1 as now or hereafter amended guaranteeing fulfillment of the person's portion of the thoroughfare improvements agreed upon in the TDF Agreement.
      (B)   Curbs and Gutters
         Curbs and gutters shall be installed prior to final plat approval (or first certificate of occupancy if no plat is required) in accordance with adopted Town policy and the Town's Standard Specifications and Details Manual. Curbs and gutters may be a combination curb and gutter or median curb and gutter.
      (C)   Storm Drainage
         (1)   Developments shall comply with the requirements set forth in Sections 14.4 , Soil Erosion and Sedimentation Control, and 14.7, Flood Damage Prevention, of this Ordinance and the following standards:
            (a)   No surface water drainage from the site shall empty into a sanitary sewer.
            (b)   The size, design, and construction of drainage structures shall conform to the requirements set forth in the Town's Standard Specifications and Details Manual .
            (c)   Where a development is traversed by a watercourse, drainage way, channel, or stream, a stormwater or drainage easement shall be provided which substantially conforms with the lines of such watercourse, plus additional width that is adequate and necessary to convey expected storm flows and/or stormwater drainage facilities. Streets paralleling such easements may be required in connection therewith. Lakes, ponds, creeks, and similar areas will be accepted for maintenance by the Town only if sufficient land is dedicated as a public recreation areas or park or if such area constitutes part of the stormwater drainage control system.
            (d)   The Town shall neither have nor accept any responsibility to maintain any storm drainage feature or structures, except for those lying within a Town right-of-way or traversing Town-owned property.
      (D)   Sidewalks
         Sidewalks shall be installed along streets prior to issuance of seventy-five (75) percent of the total number of Certificates of Occupancy within the new development boundary as identified on the associated development plan in accordance with Section 7.10, Connectivity, and the requirements set forth in the Town's Standard Specifications and Details Manual. However, sidewalks shall not be required along residential streets where a pedestrian system internal to the block serves, connects, and provides access to each lot along the street.
      (E)   Utilities
         (1)   Water mains, sanitary sewers, and functional fire protection systems shall be installed prior to the final plat approval (or first certificate of occupancy if no plat is required) and in accordance with adopted Town policy and the Town's Standard Specifications and Details Manual. When Town water and sanitary sewer lines are available, or will be made available to within three hundred (300) feet of any site within four (4) months after preliminary plan approval, the site shall connect to Town utilities
Utility Easements
         (2)   All utility or other pipes, wiring, conduits, cables, and fixtures, including but not limited to electrical, gas, telephone and telecommunications lines, fiber optic cables and the like, shall be installed underground, except for transmission lines with a voltage of 115kV or greater or in situations where such placement is prohibited or determined to be impractical by the Zoning Board of Adjustment in a quasi-judicial evidentiary hearing.
         (3)   Easements shall be provided to the Town for utility activities which shall include, but not be limited to, improving, upgrading, removing, inspecting, replacing, repairing, maintaining, using and operating such pipelines, laterals, interceptors, mains, manholes, conduits, facilities and related appurtenances as may be necessary or convenient for the receipt, conveyance, transmission and distribution of water, reclaimed water, and/or wastewater and for access thereto. Where necessary, easements shall be centered along or adjacent to lot lines to the greatest extent practicable. Easements shall be sized in accordance with the Town's Standard Specifications and Details Manual . No structures or other improvements shall be placed within any Town utility easement. Ground covers or grasses may be planted within an easement. No trees or shrubbery of any size shall be placed within any Town utility easement because of the need for access by utility maintainers and line damage that tree and shrub roots can cause. Any improvements installed within the easement are subject to disturbance or damage and may be removed by the Town.
         (4)   All permitted and special uses shall be connected to and served by public water and sanitary sewer facilities; however, uses in the R-80 zoning district may be served by private wells and/or septic systems. In some cases, the Director of Utilities may grant an exception to allow the use of private wells and/or septic systems for uses within other zoning districts provided that the anticipated water and/or wastewater requirements are minimal and that all County governmental agencies have approved the proposed use to operate with a private well and/or septic system.
         (5)   Where connection to public water and sanity sewer systems is required, such systems shall be constructed to Town standards, sizes, and specifications and dedicated to the Town for operation and maintenance, thus allowing for the orderly expansion of the Town, its water systems, fire protection services, and sanity sewer systems which protect the health of the citizens of the Town and its environs.
      (F)   Street Signs
         Street name signs that comply with the standards set forth in the Town's Standard Specifications and Details Manual shall be placed at all street intersections. The subdivider or developer shall install the signs or shall pay the Town to install the signs, prior to the final plat approval. Street signs shall not be included in the improvements described in Section 8.1.5 below for which performance guarantees may be submitted in lieu of the completed improvements. The subdivider or developer shall be required to replace or repair any street sign that is damaged during construction.
      (G)   Street Lights
         The property owner or developer shall install street lighting along all proposed streets, public and/or private, and along all existing streets that adjoin the property, in accordance with Policy Statement No. 13 (Street Lighting), as may be amended from time to time by the Town Council.
      (H)   Easements
         No part of any structure, permanent equipment, private utility line (including water, irrigation, and sewer lines) or impoundment may be placed, and no grading may occur within any Town of Cary easement prior to obtaining full development plan approval, a building permit, or an encroachment agreement from the Town. An encroachment agreement may allow fences to cross easements provided that appropriate access gates have been installed to allow maintenance. Any application for an encroachment agreement must include plans to facilitate access and maintenance of the utility, and must include any documentation which the Town needs to determine that no damage will occur to the utility. The Town will not be held liable for damage to any encroachment during maintenance to the utility.
      (I)   Greenways, Street-Side Trails and Private Trail Connectors
         Greenways, street-side trails and private trail connectors shall be installed prior to issuance of Certificate of Occupancy for the approved phase within the new development as identified on the associated development plan in accordance with Section 7.10, Connectivity, and the requirements set forth in the Town's Standard Specifications and Details Manual.
      (J)   Public Transit Infrastructure
         Transit access locations shall be installed prior to issuance of Certificate of Occupancy for the approved phase within the new development as identified on the associated development plan in accordance with Section 7.10.6 and the requirements set forth in the Town’s Standard Specifications and Details Manual.