§ 154.41 STREETS AND ROADS.
   (A)   New subdivisions, generally. In any new subdivision the street layout shall conform to the arrangement, width, and location indicated by any official plans or maps for the county. In areas for which such plans have not been completed, the streets shall be designed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams, to public convenience and safety, and to the proposed use of land to be served by such streets. All streets shall provide for the continuation or appropriate projection of principal streets in surrounding areas and provide reasonable means of ingress and egress for surrounding tracts.
   (B)   Construction standards.
      (1)   All streets and roads within subdivisions or accessing proposed subdivisions, unless qualifying as exempt under division (C)(1) of this section, shall be paved and constructed according to the secondary road specifications of the North Carolina Department of Transportation (NCDOT) pursuant to “Subdivision Roads, Minimum Construction Standards.” All streets shall be required to show a minimum 60-foot right-of-way on the final plat unless the State Department of Transportation approves a smaller right-of-way or the project is a MINOR SUBDIVISION as defined in these regulations.
      (2)   The following subdivision roads shall be exempt from meeting secondary roads specifications of NCDOT:
         (a)   Roads in minor subdivisions where no adjacent land is owned or under option to the subdivider (one- and two-lot subdivisions only);
         (b)   Roads which are unpaved but are maintained by the North Carolina Department of Transportation;
         (c)   Roads which cannot be built to NCDOT standards without violating any local, state, or federal laws (related to wetlands and marshes);
         (d)   Roads within a planned unit development where a homeowner’s association has been formed to maintain a private road;
         (e)   Roads within subdivisions where each lot within the subdivision is at least five acres, as defined in division (C)(7) of this section; and
         (f)   Roads within campground subdivisions.
   (C)   General road standards.
      (1)   Access.
         (a)   Separation. Where a subdivision is proposed adjacent to a major/minor arterial/collector and access is proposed onto the major/minor arterial by driveways and/or intersecting roads, said driveways and/or intersecting roads may be required to be separated according to North Carolina Department of Transportation or county standards, whichever permits the freer and safer flow of traffic.
         (b)   Alternative access. Where a subdivision is proposed adjacent to major/minor arterial or major collector, lots shall be required to have no direct access to such roads if alternative access from a road of lower classification is possible.
         (c)   Access to major thoroughfares.
            1.   It is the intent of this regulation to limit access onto a major thoroughfare where appropriate, in order to maintain the traffic capacity and encourage smooth traffic flow.
            2.   In situations where strict compliance with this provision is impossible or impractical due to topographic conditions, configuration of the parcel to be subdivided, or other condition beyond the control of the subdivider, other approaches may be permitted or the property owner may be exempted from the requirements in divisions (C)(1)(c)3. and 4., below.
            3.   Where a tract of land to be subdivided borders on an existing minor arterial or major collector, access from a subdivision or individual lot directly onto a major thoroughfare may be regulated by requiring:
               a.   That rear or side yards abut the minor arterial or major collector, and the front or side yards abut an existing parallel local road;
               b.   That a parallel local road be created and that roads internal to the subdivision access the local road at a 90-degree angle. The rear or side yards of terminal lots must abut the major thoroughfare;
               c.   That a marginal access or service road be constructed, parallel to and separated by a buffer strip from, the minor arterial or major collector. The access road may have access to the major thoroughfare at suitable points and shall serve as the principal access road to the subdivision. No direct access from the lots onto the major thoroughfare will be allowed; or
               d.   That another access design, such as joint (shared) driveways, be used to achieve the intent of this regulation.
            4.   Where a tract of land to be subdivided borders on an existing or proposed minor collector, access from a subdivision or individual lot directly onto a major thoroughfare may be regulated by requiring that another access design, such as joint (shared) driveways, be used to achieve the intent of this regulation.
            5.   The following criteria shall be considered when the proposed design for such subdivisions or individual lots is reviewed:
               a.   The thoroughfare’s road classification;
               b.   Traffic counts as related to capacity;
               c.   Functional classification;
               d.   Ultimate cross-sectional design of the major thoroughfare; and
               e.   The sight distance of approaching traffic from the point where any proposed access intersects the major thoroughfare.
         (d)   Turn lanes on adjoining major thoroughfare. Where a subdivision is proposed adjacent to a major thoroughfare and access is proposed onto the major thoroughfare, left-turn storage or right-turn deceleration lanes may be required on the major thoroughfare or intersection according to State Department of Transportation or county standards, whichever permits the freer and safer flow of traffic.
         (e)   Major thoroughfare right-of-way dedication or reservation.
            1.   Dedication of right-of-way abutting existing major thoroughfares.
               a.   If a subdivision site abuts an existing major thoroughfare with a right-of-way width less than that recommended in the County Thoroughfare Plan; and
               b.   Development in the proposed subdivision is expected to add a significant amount of traffic onto that major thoroughfare, then the subdivision shall include dedication of any additional right-of-way along the site’s frontage on the major thoroughfare that is needed to widen the right-of-way to 35 feet from the centerline of the roadway.
            2.   Proposed new thoroughfares.
               a.   Incorporation of thoroughfare. If the County Transportation Plan proposes a new major thoroughfare across part of a subdivision site, and an alignment for the thoroughfare has been determined to a reasonable degree of certainty (for example, as a centerline alignment on a functional design plan), and the thoroughfare could appropriately serve to provide direct access to the subdivision (for example, it would not be a freeway or other restricted-access road), then the subdivision shall incorporate the major thoroughfare into its internal road layout by having one of the subdivision roads run along the proposed thoroughfare alignment. Such road, however, need only be constructed to NCDOT standards for a residential collector road.
               b.   Reservation of future right-of-way.
                  i.   If the County Transportation Plan proposes a new major thoroughfare, other than one defined in provision (C)(1)(e)2.a. above, across part of a subdivision site;
                  ii.   An alignment for the thoroughfare has been determined to a reasonable degree of certainty (for example, as a centerline alignment on a functional design plan); and
                  iii.   The county’s development regulations reasonably allow the subdivider to both realize the maximum lot density allowed by the site’s zoning and physical characteristics and avoid developing that part of the site needed as future right-of-way for the proposed thoroughfare, then the subdivision shall include reservation of the thoroughfare’s future right-of-way, that is, it shall not include lots or other development within the land area needed as the thoroughfare’s future right-of-way. Land area needed as future right-of-way shall be determined from NCDOT plans where available, or otherwise by applying half the right-of- way width recommended in the County Transportation Plan along each side of the thoroughfare’s proposed centerline alignment.
               c.   Applicability.
                  i.   If neither provision (C)(1)(e)2.a. or b. above applies to a proposed subdivision across which a major thoroughfare is proposed, then no incorporation of the major thoroughfare or reservation of future right-of-way for the major thoroughfare is required.
                  ii.   The Planning Board or Planning Director, as appropriate, may not delay approval of a particular subdivision plan for failure to comply with provision (C)(1)(e)2.b. above for more than three years after the date the application for plan approval has been accepted by the Planning Director as complete.
         (f)   Multiple driveway (street) accesses. Multiple driveway accesses into a subdivision may be required to provide additional ingress and egress. In determining whether to require multiple accesses, the Project Review Committee shall consider the following:
            1.   The overall number of lots served by the street system;
            2.   The number of interconnections with adjoining properties;
            3.   The proposed street system pattern;
            4.   The configuration of the tract of land; and
            5.   The amount of road frontage available.
      (2)   Street layout.
         (a)   Relationship to network. The proposed street layout within a subdivision shall be coordinated with the existing and proposed road network within the surrounding area (as established on adopted transportation plans and the road layout within existing and approved subdivisions in the general area), including the extension and interconnection of roads between adjacent properties where appropriate to the development of a local road network. A network of extended and interconnected local roads is intended to provide each parcel in the general area the safe, convenient, and efficient means of access that will ensure the orderly development of the parcel and the area, provide a wholesome community environment, ensure the effective and efficient provision of emergency and other public services, and help to avoid degradation of existing roads and highways.
         (b)   Required road extensions to adjoining property. A proposed road shall be extended to an adjacent property, or a connecting road shall be provided to the adjacent property, wherever such extension or connection is deemed desirable to the development of a local road network serving the general area.
            1.   If it is determined that the required road extension or connection should serve as part of a through road within a local road network, or as part of a non-through road that would provide access to an area with a development potential of more than 12 dwelling units, it shall be:
               a.   Designed and constructed as a public road to the adjacent property; and
               b.   Located so as to best ensure the safe, convenient, and efficient movement of traffic within a local road network as well as the orderly development of adjacent properties.
            2.   If the road to be extended or connected to an adjacent property cannot serve as part of a through road within a local road network because physiographical characteristics (for example, rivers, lakes, ponds, steep slopes, or flood hazard areas) or other intervening human-made characteristics (for example, railroads, freeways, parks, or existing development) make it impractical to extend the road beyond the adjacent property, and it would provide access to an area with a development potential of 12 dwelling units or less, the subdivider shall grant an easement for the road to the benefit of the adjacent property. The easement shall:
               a.   Give the current and future owner(s) of the adjacent property the right to construct the road as either a public or private road and to dedicate the easement as a public road right-of-way if the road is constructed as a public road; and
               b.   Have a right-of-way width, and include adjacent construction easements, necessary to allow the construction of a public road meeting the standards of this chapter.
            3.   Guidelines for requiring “stub roads” to adjoining properties:
               a.   Stub roads to adjacent properties shall be required in order to allow for orderly development of the road network. Therefore:
                  i.   The orderly development of the road network necessitates that at least two means of access will be provided to the subdivision and to all lots within the subdivision except where properties are accessed by a cul-de-sac conforming with division (C)(3) of this section.
                  ii.   All adjacent properties must be considered when determining appropriate locations for stub roads. No more than one stub road shall be required for the sole purpose of providing access to a single landlocked parcel, but more than one may be required for the purpose of good traffic flow.
               b.   Stub roads to adjacent properties shall be required except when the Planning Board or Planning Director, as appropriate, determines that:
                  i.   Physical barriers or environmentally sensitive area should not be crossed (for example, railroads, watercourses, steep topography, or flood areas);
                  ii.   The stub road would connect properties where the zoning or land uses are incompatible, and the connection would create traffic detrimental to residential land uses;
                  iii.   There is a large discrepancy in the size of the adjacent parcel (a smaller parcel being subdivided may not have to provide a stub to a much larger parcel, if other, more desirable, interconnections are available to the large parcel);
                  iv.   The stub road would eventually provide a direct connection between thoroughfares which would encourage through traffic at levels inappropriate for the type of road provided (for instance, it might be appropriate to provide such a connection with a collector road rather than with a local access road); and
                  v.   The stub road would connect to property for which development rights have been sold for a public purpose and access to the property is not desirable for orderly development of the road network.
               c.   Stub roads should be designed, constructed, and maintained according to applicable standards of the State Department of Transportation for the following reasons:
                  i.   To circumvent dispute regarding responsibility for maintenance and who has the right to use the road;
                  ii.   To allow neighboring subdivisions to build adjoining public roads;
                  iii.   To avoid legal issues of requiring a dedicated strip to be paved at a later date than subdivision approval; and
                  iv.   The existence of a road, which may be extended, is known to buyers and subsequent owners of neighboring properties.
            4.   The following standards apply to all stub roads:
               a.   A temporary turnaround (either a standard bulb cul-de-sac) must be provided at the end of any stub road in excess of 400 feet in length that is planned for extension into future sections of the subdivision or onto adjacent property. Temporary turnarounds must comply with the following:
                  i.   The turnaround must be constructed in a temporary easement, located either on-site or off-site;
                  ii.   The developer of the adjacent property making a road connection to the existing stub road shall be responsible for the removal of the turnaround and for the restoration of the area at the time that the road connection is made; and
                  iii.   The turnaround must comply with the cul-de-sac dimensional standards of this section.
               b.   Additionally, any plat containing a stub road shall include the following note:
                  The road system shown on this plat includes one or more stub roads that are intended to be connected to the adjacent property at such time that the property is developed. The interconnection of neighborhoods with a road network ensures the efficient flow and dispersal of traffic and provides for additional points of ingress and egress for emergency vehicles.
      (3)   Cul-de-sacs length.
         (a)   Cul-de-sacs shall be no less than 200 feet nor more than 1,320 feet in length, except where in the opinion of the Planning Board or Planning Director existing topography or size of the parcel require a modification.
         (b)   A cul-de-sac’s length is measured from the center point of its turnaround, along the centerline of its right-of-way and that of any intervening roads, to the centerline of the right-of-way of the nearest through road.
         (c)   Permanent cul-de-sac roads shall be provided at the closed end with a circular turnaround having a minimum driving surface radius of 35 feet and minimum right-of-way radius of 50 feet. At the point where the road widens into the cul-de-sac, the driving surface shall have a minimum turn radius of 35 feet, and the right-of-way shall have a minimum radius of 25 feet.
      (4)   Block length.
      (5)   Block widths.
      (6)   Intersection design. Corners and intersections shall be designed as follows.
         (a)   All roads shall intersect as nearly as possible at right angles, and no road shall intersect with another at an angle of less than 60 degrees. Other arrangements may be approved only if they will reduce traffic hazards and provide smooth traffic flow at an intersection.
         (b)   When a centerline offset (jog) occurs at an intersection, the distance between the centerlines of the intersecting roads shall not be less than 135 feet.
         (c)   An intersection shall not include more than four road approaches.
         (d)   The edge of pavement at intersections shall be rounded with the following radii minimum:
            1.   Private roads with private roads: 25 feet; and
            2.   All other intersections: 30 feet.
         (e)   Adequate sight distances shall be provided at all intersections between streets and at driveway intersections with streets.
      (7)   Reserve strips and non-access reservations. Reserve strips or non-access reservations that control access to roads, waterways, parks or the like, and other reserved strips shall be permitted only if their purpose, location, dimensions and manner of control is approved by the Planning Board, Planning Director as appropriate.
      (8)   Construction plans. Plans for proposed public streets shall be approved by NCDOT and the County Planning Department prior to commencement of construction activities and final plat approval.
         (a)   Roads must meet standards. Any extension of an existing road or any creation of a new road must meet or exceed the standards of this section.
         (b)   Minimum construction standards for non-state maintained roads in subdivisions with each lot containing at least five acres shall be those set forth in Subdivision Roads Minimum Construction Standards by the State Department of Transportation (July 1, 1979 and subsequent amendments) except for the requirements of a stone base and paved surface. No graded road shall be muck, pipe clay, organic matter, or other unsuitable material. A minimum right-of-way of 50 feet shall always be required. A three-inch paved or concrete apron shall be provided for a non-state maintained road or access easement that proposes connection to an existing state system road. Such apron shall be the width of the travel portion of the road and extend a minimum of 15 feet from the edge of the state system road.
         (c)   Permits for connection to state roads:
            1.   An approved State Department of Transportation driveway connection permit is required for the following:
               a.   Connection of a subdivision street to any existing state system road;
               b.   Any new lot that is created and proposes access to any existing state system road that is identified as a major or minor arterial in the County Transportation Plan;
               c.   Three or more lots created and proposing access to any existing state system road; or
               d.   Any access easement that is created to serve two or more lots that propose access to any existing state system road.
            2.   This permit is required prior to any construction which connects the subdivision road, driveway or access easement to the state system road and shall be submitted prior to final plat approval.
      (9)   Setbacks. Setbacks for five-acre lots shall be the same as required in § 154.42(C)(5).
      (10)   Disclosure statement. A subdivision street disclosure statement shall be issued in accordance with G.S. § 136-102.6, designating the appropriate person, homeowners’ association, or other group that will maintain the non-state maintained streets in each subdivision in the future.
      (11)   Road names. The names of the streets shall not duplicate the name of any existing road or street within the county and shall be approved by County GIS/Addressing prior to final plat approval.
      (12)   Road signs. The subdivider shall be required to reimburse the county for providing and placing street name signs to county standards at all intersections within the subdivision. This fee shall be paid before final plat approval.
      (13)   Nonresidential subdivision design standards.
         (a)   The design standards as set forth in this section are the minimum design standards to be used by the nonresidential subdivider. Unless otherwise set forth, the standards and procedures established elsewhere in this chapter as applicable to all subdivisions shall apply to nonresidential subdivisions as well.
         (b)   In nonresidential subdivisions, the streets and other accessways shall be planned in connection with: the groupings of buildings; location of rail facilities; provision of alleys; truck loading and maneuvering areas; walks and parking areas so as to minimize conflict of movement between the various types of traffic.
         (c)   In industrial subdivisions, collector streets shall be planned to serve industrial areas exclusively and shall connect with arterial streets so that no industrial traffic will be directed onto any residential streets.
         (d)   Street rights-of-way shall be planned to be extended to the boundaries of any adjoining land planned for industry, except for severe physical conditions or if the Project Review Committee finds such extension is not in accordance with the approved plans of the area.
         (e)   Notwithstanding the other provisions of this chapter, the minimum width of streets adjacent to areas designed, proposed or zoned for commercial or industrial use may be increased by the Planning Director or Project Review Committee to such extent as may be deemed necessary to assure the free flow of through traffic without interference from parked or parking motor vehicles.
            1.   A street serving an industrial/commercial subdivision shall have a minimum right-of-way width of 50 feet, and a 36-foot paved section. Additional right-of-way and pavement may be required at intersections for deceleration lanes and turn lanes, as specified by NCDOT or the County Project Review Committee.
            2.   When lots or blocks in a proposed commercial or industrial subdivision front on any limited-access highway or arterial street, the subdivider may be required to dedicate and improve a marginal access street to provide ingress and egress to and from such lots or blocks.
            3.   Permanent cul-de-sac roads shall be provided at the closed end with a circular turnaround having a minimum driving surface radius of 45 feet and minimum right-of-way width of 100 feet. At the point where the road widens into the cul-de-sac, the driving surface shall have a minimum turn radius of 35 feet, and the right-of-way shall have a minimum radius of 25 feet.
            4.   Off-street loading shall be arranged to eliminate street maneuvering by vehicles using loading facilities.
            5.   Commercial/industrial driveway main entrances shall have a minimum throat width of 35 feet. If a raised median is provided in the driveway throat, the driveway width shall be widened as necessary to accommodate the number of ingress and egress lanes required, with a minimum ingress lane width of 18 feet. The minimum driveway median width shall be four feet and the maximum width shall be ten feet. The nose of the median shall be no less than seven feet and no more than 15 feet from the gutter flow line.
(1996 Code, § 154.41) (Ord. passed 3-21-1994; Ord. passed 11-6-2006)