§ 154.081 STREETS AND ROADS.
   (A)   Access and requirements. All lots to be platted shall have access to a street, and all proposed streets shall be installed, in accordance with the requirements below, prior to final plat approval unless otherwise permitted pursuant to § 154.044 for all subdivisions permitted pursuant to § 154.044, and for all subdivisions containing public or private streets, the subdivider shall meet the requirements of G.S. § 136-102.6.
   (B)   Public streets. All subdivision streets and roads shall be designed and constructed in accordance with the requirements set forth by the North Carolina Department of Transportation, Division of Highways' Subdivision Roads, Minimum Construction Standards, dated May, 1983, or as hereafter amended. Plans for all public streets in subdivisions within the jurisdiction of this chapter shall be reviewed by the Department of Transportation and a recommendation provided to the Planning Board indicating whether the proposed street plans meet the street requirements as specified in this section prior to preliminary plat approval.
   (C)   Private streets. All private subdivision streets and roads shall meet the following minimum construction standards:
      (1)   Right-of-way dedication shall be the same as for public streets. Private streets are presently established as a minimum 45 feet right-of-way.
      (2)   Streets shall have a minimum travel width of 16 feet all weather surface with 2 feet shoulders.
      (3)   Streets shall have a minimum of 8 inches of aggregated base course (ABC) No. 7 compacted in accordance with NCDOT Minimum Construction Standards. Graveled surface streets are permitted only by a specific variance granted by the Chimney Rock Village Council at a public hearing at a scheduled or special meeting held for that purpose.
      (4)   Steep grades can affect the safety and the difficulty of operating vehicles and create potential erosion of roadways and ditches. To avoid environmental impact, streets should, where possible, be constructed along the contour of the land.
         (a)   1.   Maximum street grade shall not exceed 15 % for the following:
               a.   Dead end roads less than 2,500 lineal feet in length.
               b.   Loop roads less than 2,500 lineal feet in length.
               c.   Cul-de-sacs.
            2.   Provided, however, maximum street grade may exceed 15% up to a maximum of 18% grade after a specific report prepared by the Chimney Rock Village Zoning Administrator after receiving comments from the Fire Chief of the Chimney Rock Volunteer Fire Department or his or her designee, the Lake Lure Fire Coordinator, the Rutherford County Fire Marshal; and the approval of a specific variance by the Chimney Rock Village Planning Board. The portion of the street where the grade would exceed 15% shall not exceed a distance of 500 feet.
         (b)   1.   Maximum street grade shall not exceed 12% for the following:
               a.   Dead end roads more than 2,500 lineal feet in length.
               b.    Loop roads more than 2,500 lineal feet in length.
               c.   Residential collector roads.
               d.   Off-site connection roads between subdivision roads and the state thoroughfare system.
            2.   Provided, however, maximum street grade may exceed 12% up to a maximum of 15% grade after a specific report prepared by the Chimney Rock Village Zoning Administrator after receiving comments from the Fire Chief of the Chimney Rock Volunteer Fire Department or his or her designee, the Lake Lure Fire Coordinator, the Rutherford County Fire Marshal; and the approval of a specific variance by the Chimney Rock Village Planning Board. The portion of the street where the grade would exceed 12% shall not exceed a distance of 500 feet.
         (c)   All subdivision streets and roads shall be designed and constructed in accordance with any additional applicable requirements set forth in the NC Department of Transportation, Division of Highways' "Subdivision Roads, Minimum Construction Standards," dated January 2000, or as hereafter amended.
      (5)   Cul-de-sacs shall have a minimum all weather surface radius of 35 feet and shall have a minimum right-of-way radius of 50 feet. The subdivider shall submit a signed statement from a registered engineer or registered surveyor indicating that the streets have been constructed in accordance with the minimum standards. The statement shall be submitted prior to final plat approval, except that if a financial security guarantee for the streets is posted in accordance with § 154.044(B) of this chapter, then the statement shall be submitted prior to the release of the security.
(2002 Code, Art. IX, § 901) (Ord. passed 4-1-1985; Am. Ord. passed 9-3-1996; Am. Ord. passed 11-16-2004; Am. Ord. passed 8-23-2005; Am. Ord. passed 10-18-2005; Am. Ord. passed 8-18-2009)