§ 155.602 STREETS.
   (A)   General.
      (1)   Streets within the town are intended for multi-purpose use, as follows:
         (a)   To carry motor vehicle traffic, and, in some cases, allow on-street parking;
         (b)   To provide a safe and convenient passageway for pedestrian traffic; and
         (c)   To serve as an important link in the town's drainage system.
      (2)   All public streets which serve properties connected to the town's utility system shall be constructed in conformance with town standards and specifications; however, if the roadway is maintained by NCDOT, then the roadway shall be constructed in conformance with either town or NCDOT standards and specifications, whichever is more stringent.
      (3)   If the final plat for a residential subdivision outside the town limits but within the town's extraterritorial jurisdiction has been approved and improvements have been guaranteed by the developer in accordance with § 155.607, the applicant shall provide the town and purchasers of land in the subdivision with an agreement providing for adequate maintenance of the newly constructed streets until such time that the streets are taken over by the NCDOT, as required by G.S. § 136-102.6.
   (B)   Street improvements.
      (1)   Required improvements.
         (a)   The applicant shall be responsible for the cost and installation of the applicable standard residential, residential collector, collector, or commercial street width and pavement design requirements. Paving shall be installed for roadways through and adjoining the development in accordance with town standards and specifications (or NCDOT standards if applicable). The applicant shall also provide additional pavement surfaces for turning lanes in accordance with the town's Engineering Design Manual.
         (b)   The applicant shall be responsible for making improvements to thoroughfare rights-of- way, as designated on the town's Transportation Plan. The improvements to be installed are as follows: the thoroughfare sub-base and surface paving materials, thoroughfare grading, and the remaining standards of applicable minimum residential, residential collector, collector, or commercial streets shall be made to extend to the outer perimeter boundaries of a development for any development where any of the following conditions occur:
            1.   The thoroughfare improvements would provide necessary access to the development or adjoining properties.
            2.   The improvement would be an extension of an already existing section of thoroughfare roadway.
            3.   The traffic from the development is predominantly from nonresidential activities and the development would otherwise gain access through a residential area.
      (2)   Fee-in-lieu.
         (a)   The town may require a fee-in-lieu of installation payment (at 125% of estimated cost) to the town for minimum residential, residential collector, collector, or commercial streets for the length of the thoroughfare if any of the following criteria are met:
            1.   No direct access to the thoroughfare is proposed.
            2.   The minimum street improvement is one-half of an existing unimproved right-of-way, and improvements, if constructed, would not be used for traffic circulation.
            3.   Where the new thoroughfare right-of-way is only partially contained on the development site and therefore, construction of only a portion of the new street cross-section is possible.
         (b)   The Town may allow fee-in-lieu of minimum street construction payments to the town for residential, residential collector, collector, or commercial streets if any of the following criteria and their conditions are satisfied:
            1.   Where existing unimproved streets have:
               A.    Insufficient lineal footage to serve overall traffic circulation purposes or interrupts an existing swale/ditch storm drainage system with curb and gutter, which would disrupt the drainage system operation;
               B.    Curb and gutter improvements would not connect to existing curb and gutter, or there are no similar improvements on the same block;
               C.    There are no plans for town improvements on the same block; and
               D.   The area is sufficiently developed (75% of the block) such that few future subdivision or site plan submittals are anticipated.
            2.   Where construction of the streets by the town or other party is imminent.
            3.   Where construction of only a sidewalk is required without street improvements, and the new sidewalk is less than one block in length and would not connect to an existing sidewalk.
            4.   Where approved by the Planning Director for a new street that traverses a site when:
               A.   Street construction will not connect to an existing improved street;
               B.   There are no plans to construct an adjoining street in the near future; and
               C.   A letter of credit is not an appropriate financial security.
            5.    Where approved by the Town Engineer, when for reasons of topography, street construction is impractical due to:
               A.   The need for off-site construction or slope encroachment;
               B.    Proper street alignment should be determined with off-site development; or
               C.    Design of bridges or culverts are required and only a portion of the structure is on the development's property.
         (c)   Developments will not be responsible for the cost and installation of any paving construction requirements along existing or planned roadways, if any of the following conditions exist:
            1.   The roadway is a freeway, expressway or any other fully controlled access facility.
            2.   The roadway is in the town's Capital Improvement Program, final design plans have been initiated, and the project will fall under the assessment policy of the town.
            3.   The roadway is on NCDOT's Transportation Improvement Program, final design plans have been initiated, and there will be no town contribution or participation in funding the project. If the town funds a portion of the project, then a fee-in- lieu of installation will be required as a contribution towards town-funded improvements.
   (C)   Street classification. In all new subdivisions, streets that are dedicated to public use shall be classified as provided in division (D) of this section.
      (1)   The classification shall be based upon the projected volume of traffic to be carried by the street, stated in terms of the number of trips per day or during the peak hour of the day;
      (2)   The number of dwelling units to be served by the street may be used as a useful indicator of the number of trips but is not conclusive; and
      (3)   Whenever a subdivision street continues on an existing street or it is expected that a subdivision street will be continued beyond the subdivision at some future time, the classification of the street will be based upon the street in its entirety, both within and outside of the subdivision.
   (D)   Street types. See defined terms (§ 155.802) for description of each street type.
      (1)   Residences shall not front on a major thoroughfare.
      (2)   Where a parcel of land to be subdivided adjoins a major thoroughfare, the residential lots shall be provided access by a frontage road and no driveways shall be located within 150 feet of the intersection.
   (E)   Thoroughfare dedication.
      (1)   Whenever a parcel of land included within any proposed development plan embraces any part of a thoroughfare system roadway and is so designated in the town's Transportation Plan, after such part of it has been adopted by the proper authority, such part of such proposed public way shall be platted and dedicated in the location and width indicated on the plans. This requirement shall not require the applicant to dedicate rights-of-way unless indicated on the town's Transportation Plan. It is the responsibility of the applicant to take future roadway plans of the town and the NCDOT into account when laying out a development plan.
      (2)   Developments which embrace only one side of an existing or planned thoroughfare right-of- way will only be required to plat and dedicate additional right-of-way for that portion of roadway with which the development has frontage. Such improvements shall be in conformance with town standards and shall be measured from the right-of-way centerline.
   (F)   Cross-sections.
      (1)   Appropriate street cross-sections shall be approved by the town or NCDOT. Appendix A contains approved street cross-sections for the town. Alternative cross-sections may be approved by the Board of Adjustment pursuant to § 155.716, and when necessary in conjunction with NCDOT.
      (2)   Alternative designs must readily accommodate emergency vehicles and sanitation trucks.
      (3)   Subdivisions along existing streets of inadequate right-of-way shall provide additional right- of-way to meet the minimum widths specified in Appendix A. The entire right-of-way shall be provided where any part of a new subdivision is on both sides of an existing street, and one-half the required right-of-way, measured from the center line of the existing street, shall be provided where a new subdivision is located on one side of an existing street.
      (4)   A slope easement of 20 feet in width may be required adjoining each side of a street right-of-way. The town may reduce or increase the slope easement width, if due to terrain. If the applicant submits to the town sufficient information to show that improvements to be located in the slope easement do not interfere with the right of the public to construct within the adjoining right-of-way streets, sidewalks, or both, then the town shall allow the proposed improvement.
   (G)   Cul-de-sac and stub-street lengths.
      (1)   No residential street cul-de-sac serving lots of 20,000 square feet or greater in size shall exceed 1,000 feet in length. No residential street cul-de-sac serving lots less than 20,000 square feet in size shall exceed 750 feet in length.
      (2)   Stub-streets shall not exceed 750 feet in length without an approved turn-around for emergency services provided and installed. In the future, when an adjacent development connects to the stub-street and provides another point of ingress/egress, the developer may modify the approved subdivision through an amendment to remove the turn-around and convert it to recreational amenities, open space, or additional lots as permitted within this chapter.
      (3)   Stub-streets shall be provided as outlined in Article 4 of this chapter. See § 155.400(I) Cross Access Connections.
      (4)   No commercial street cul-de-sac shall exceed 400 feet in length.
      (5)   Cul-de-sac medians may be permitted where the cul-de-sac radius is increased and it can be demonstrated that emergency vehicles and sanitation trucks can be accommodated. Unless specifically agreed upon with the town, landscaped medians are not to be maintained by the town, and a private maintenance agreement for the median shall be required to be approved by the Town Attorney.
   (H)   Sidewalks.
      (1)   In order to enhance pedestrian safety and mobility, except as set forth below, sidewalks shall be required on both sides of all streets (see Appendix A for approved street cross-sections).
         (a)   Sidewalks shall not be required on the following roadways:
            1.   In residential developments with minimum lot sizes one acre or greater, except where an existing school, park, open space, trail or greenway lies within one-quarter-mile of the boundaries of the proposed subdivision, in which case a safe pedestrian connection between the subdivision and the off-site facility is required.
            2.   Residential streets serving less than or equal to ten dwelling units. Corner lots that have frontage on both a connective or loop street shall not be included in determining the number of dwelling units served by the street. Street stubs temporarily serving ten lots or less shall provide sidewalks on both sides of the street.
            3.   Class "A" and Class "B" private streets.
            4.    Commercial street cul-de-sacs that are less than 150 feet in length.
         (b)   Sidewalks shall be required on only one side of a frontage road.
      (2)   Sidewalk access ramps, also commonly referred to as wheelchair ramps for the physically handicapped, shall be provided at all intersections where curb and gutter are provided (see division (I) of this section), and where sidewalks and/or greenway trails intersect any street.
      (3)   Pedestrian crosswalks are required on any residential street at each intersection and at any mid-block pedestrian or bicycle connections.
      (4)   The town may allow a fee-in-lieu for sidewalk construction as set forth in division (B)(2)(b) of this section.
   (I)   Curb and gutter. All public streets, inside the corporate limits of the town and outside the town when water or sewer is connected to the town utility system, shall be constructed with curb and gutter (see Appendix A for approved street cross- sections), except as part of a master plan approval and in accordance with Article 5. Curb and gutter shall be a combination curb and gutter or such other construction approved in the town's Engineering design manual. Rolled or valley-type curbs may be permitted for new collector, residential collector, and residential streets.
   (J)   Relationship of streets to topography.
      (1)   Streets shall be designed to relate appropriately to the topography of a site. In particular, streets shall be designed to facilitate the storm drainage requirements specified in § 155.604(E) and, subject to the design requirements relating to maximum grades set forth in division (J)(2) of this section, street grades shall conform as closely as practicable to the original topography.,
      (2)   The maximum grade for street construction shall meet design requirements of the town or NCDOT. However, in no case may streets be constructed with grades that, in the professional opinion of the Public Works Director, create a substantial danger to the public safety or cause any substantial degradation to the street or drainage system.
   (K)   Street layout.
      (1)   The street layout of any development should be consistent with the town's Transportation Plan and all other applicable adopted plans and policies of the town. Public streets shall be constructed to the boundary lines of the development submitted for approval when required to provide for efficient circulation of traffic within the community.
      (2)   Each side of a collector street, commercial street or residential street shall, within every 1,500 foot length of the street, be intersected by at least one connective street. The 1,500 foot length shall be measured from the origination point, if established, of the collector, commercial, residential or residential street.
      (3)   For developments that do not meet the above layout standards or would create a violation of these standards if constructed as proposed, the Board of Adjustment may hear an application for variance, subject to the typical standards for a variance as well as the considerations outlined below:
         (a)   Existing surrounding development prevents extending a street to any adjoining developments to meet this regulation.
         (b)   The adjoining existing street pattern or a planned "stub" street provides for an appropriate intersecting street beyond the 1,500-foot point, that would provide equivalent benefits as an intersecting street within 1,500 feet.
         (c)   Severe topography or other physical features warrant making a connection of an intersecting street at another location either inside or outside the development to provide equivalent benefits as an intersecting street within a distance of 1,500 feet, and this other alternate specific location is provided for at the time the development making the request for an alternate location is approved.
      (4)   Existing adjoining public streets, public platted streets, and publicly planned streets shall be continued and extended as public streets as part of the development. Streets that are not to be extended, as determined by the Transportation Plan, shall be terminated in a permanent cul-de-sac.
      (5)   Where a proposed development will extend a public street that is already stubbed out to the property line, such extension as a public street shall be required.
      (6)   Wherever there exists a dedicated or platted half street adjacent to the parcel to be developed, the other half shall be platted and, where required, constructed.
      (7)   Where a through street or a series of streets establishes a connection between two public streets and the connection is greater than 1,200 feet in length, or the connection may encourage through traffic not generated by the development, the street shall be a public street, except in instances where the Town Engineer determines that requiring such connection to be a public street will serve no purpose, due to the existing or proposed street pattern, traffic flow or traffic volumes.
      (8)   Where a proposed development utilizing private streets has an area of 20 or more acres, the Town Engineer may also require additional public through streets for the provision of emergency services, such as police and fire protection, or to provide alternate circulation at congested or critical intersections.
   (L)   Construction standards and specifications. All streets and sidewalks required by this section shall be constructed according to the specifications of the town's Engineering design manual, except that the Town Engineer may permit sidewalks to be constructed with other materials when they conclude that:
      (1)   Such sidewalks would serve the residents of the development as adequately as concrete sidewalks;
      (2)   Such sidewalks would be more environmentally desirable or more in keeping with the overall design of the development; or
      (3)   Such sidewalks could be maintained as adequately as concrete sidewalks.
   (M)   Private streets.
      (1)   Intent.
         (a)   Private streets serving single-family residential lots shall be permitted only within the Residential-Estate zoning district.
         (b)   The private street standards of this section establish private street design and construction standards that vary based upon the number of single-family lots such streets will serve. These standards are intended to ensure public safety and the long-term durability of private streets while keeping public improvement costs as low as possible for the smallest of subdivisions.
         (c)   The town requires the logical and safe extension of public streets throughout the town's jurisdiction. The town shall allow private streets as outlined below, so long as the private streets are designed to protect the health, safety, and welfare of the residents whose primary access is the private street.
         (d)   Private streets shall be designated on final plats as either "existing", "new", or "extended", in accordance with the standards of this section. Further, the initial purchasers of a newly created lot served by a private street shall be furnished by the seller with a disclosure statement outlining the maintenance responsibilities for the street, in accordance with the requirements set forth in G.S. § 136-102.6.
         (e)   In the event that private streets are later made public through dedication to the town, such streets shall be brought up to the current public construction and maintenance standards, prior to their acceptance by the town.
      (2)   Existing private streets.
         (a)   Private access easements or streets, the existence of which as of July 1, 2018, can be established by documentary evidence, aerial photograph, or judicial decree, will be considered existing private streets.
         (b)   All other private streets are considered new private streets or extensions of existing private streets, and must meet the standards set forth in divisions (M)(3) and (M)(4) below.
      (3)   New or extended private streets.
         (a)   New or extended private streets that serve as frontage for lots shall meet or exceed private street standards within this section.
         (b)   Where an extension of an existing private street is proposed, the connecting private street shall be upgraded to comply with the private street standards within this article.
      (4)   Class "A" and "B" private streets.
         (a)   Class "A" private streets shall be permitted only when the proposed street will provide a maximum of eight to ten single-family residential lots. Extensions of private streets that will result in the provision of more than ten lots shall be brought up to public street standards as set forth by the Town of Clayton.
         (b)   Class "B" private streets shall be permitted only when the proposed street will provide a maximum of seven single-family residential lots. No extension of a Class "B" private street beyond seven lots shall be permitted. Extensions of such roads that will result in the provision of more than seven lots shall be permitted only if the entire length of the road is brought up to Class "A" private or public street standards (based upon the number of lots to be served).
         (c)   Subdivisions proposing lots served by private streets shall record the following notation on the final plat: "Further subdivision of any lot shown on this plat may require upgrades to the private street or its conversion to a public street, based upon the number of lots to be served. All maintenance and repair of private streets shall be borne by the owners of the lots served by the private street".
      (5)   Design standards for private streets.
         (a)   These standards described herein are the minimum set forth by the Town of Clayton for Class "A" and Class "B" private street standards.
         (b)   Class "A" private streets shall be paved and designed in accordance with the requirements outlined in the Town of Clayton Engineering Design Guidelines Manual.
         (c)   Class "B" private streets may consist of alternative materials as permitted by the Town Engineer, and shall be designed in accordance with the requirements outlined in the Town of Clayton Engineering Design Guidelines Manual.
         (d)   Class "A" and Class "B" private streets shall maintain 20' travel-way width to provide access for emergency vehicles.
         (e)   The property owners are responsible for all maintenance of Class "A" and Class "B" private streets, and shall be required to enter into a road maintenance agreement prior to plat recordation.
   (N)   Street names and signs.
      (1)   Street names shall be subject to the approval of the Planning Department and Johnston County. New street names shall not duplicate or be similar to existing street names in Johnston County. Existing street names, however, shall be projected where appropriate.
      (2)   Street name signs shall be in place prior to approval of any certificate of occupancy for structures to be located on the street. Street name signs shall be clearly identified and be labeled as "private".
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2016-04-04, passed 4-4-16; Am. Ord. 2019-04-03, passed 4-1-19; Am. Ord. 2021-02-02, passed 2-15-21)