(A) Comprehensive transportation plan.
(1) Purpose and applicability. The county’s comprehensive transportation plan (CTP) is an officially adopted plan addressing long range transportation needs regarding land use and development within the county. It shall be the responsibility of developer(s) of major subdivisions, minor subdivisions, and nonresidential sites to comply with the CTP to further the purpose of the plan.
(2) Required improvements. All such development located adjacent to a corridor that is included in the adopted CTP, or any other officially adopted Plan, shall comply with the prescribed improvements as indicated within said Plan.
(3) Measurement of land area for future right-of-way.
(a) All such development located adjacent to a corridor identified by the CTP for future widening shall include building setbacks measured from the future right(s)-of-way identified, in order to accommodate future street widening. Existing nonresidential lots of less than one acre in size shall be exempt from this requirement.
(b) Land area necessary for future right(s)-of-way, shall be determined as identified by NCDOT plans where as available, or otherwise by applying half of the right(s)-of-way width recommended in the county’s comprehensive transportation plan (CTP) along each side of the thoroughfare’s existing edge of right(s)-of-way or centerline alignment, whichever is applicable.
(B) Design standards. The design of all streets and roads within the jurisdiction of this chapter shall be in accordance with the accepted policies of NCDOT. The most current edition of NCDOT, Division of Highways’ Subdivision Roads Minimum Construction Standards shall apply for any subdivision created in compliance with this chapter. All streets shall have a minimum ten-foot pavement width per lane, unless otherwise stated by this chapter. When not outlined in Subdivision Roads Minimum Construction Standards, a minimum 12-foot pavement width per lane shall be required. The location of utilities and sidewalks shall be considered in the layout of the street system and selection of a right-of-way width.
(C) Connectivity.
(1) Connection to strategic highway corridors. Projects located along strategic highway corridors, as defined by NCDOT, shall follow this part, in conjunction with NCDOT regulations. Every effort shall be made to provide alternative access to a public right-of-way not designated as a strategic highway corridor, if one is available.
(2) Access to adjacent properties.
(a) Where, upon the recommendation of the Development Review Board, it is desirable to provide for street access to adjoining property, proposed streets shall be extended, dedicated, and where appropriate, constructed to the boundary of such property. It is the intention of this section to promote the orderly development of a local street system that provides interconnection between developed or developing properties.
(b) Connections shall be required where any of the following are met. Additionally, all stub streets shall be designed and where required to be built, constructed in accordance with the appropriate standards as delineated in this chapter:
1. Where the zoning and/or land use on the adjoining property are compatible with the proposed subdivision. For purposes of this section, compatible land use shall mean any residential to residential land use or nonresidential to nonresidential land use;
2. Where there are no natural or man-made barriers that make the street extension impractical;
3. Where the street extension will result in desirable traffic flows and patterns and where inappropriate levels of through traffic are avoided; and/or
4. Where the street extension will promote the overall orderly development of the area.
(3) Nonresidential lateral/cross access. All new nonresidential development, specifically commercial development, shall provide lateral or cross access to adjacent property which is either existing nonresidential use or zoned nonresidential, or if the adjacent property is undeveloped. When located adjacent to residentially zoned and used property, a cross access easement shall be provided to provide for future connectivity. In the review process, lateral access shall be displayed and labeled clearly by showing the appropriate connections.
Lateral access through interconnected parking lots:
(D) Curb and gutter. All curb and gutter sections shall be concrete and meet Division of Highways Standards. In the instance where redevelopment is taking place of an existing use, such as manufactured home parks or other similar uses with an existing street system in place that is currently utilizing asphalt curb and gutter that is built to NCDOT standards, then asphalt curb and gutter may be allowable upon approval by the Development Review Board. Further, all new street additions to the development may also be allowed to continue to use the asphalt curb and gutter in order to make the development consistent in appearance throughout as long as the total linear feet of new street additions does not exceed the total linear feet of the existing street system. All neo-traditional designed lots shall conform to NCDOT Traditional Neighborhood Development Guidelines.
(E) Subdivision street disclosure statement.
(1) All streets shown on the final plat shall be designated as public or private. Designation as public shall be conclusively presumed to be an offer of dedication to the public. Where streets are dedicated to the public but not accepted into the state-maintained street system, before lots are sold, a statement explaining the status of the street shall be included with the final plat. Designation as private shall be conclusively presumed to be a private street.
(2) Where streets are designated as private, a full disclosure of the status of the street and maintenance responsibilities is required and these listed items shall run with the land.
(3) Where easements provide required access, they shall meet all applicable standards. Ingress and Egress easements with more than two lots will provide a continued maintenance agreement and shall be approved by the Planning Director or designee and recorded with the county’s Register of Deeds in a legally valid and binding instrument that describes the method of maintenance, who will be responsible for maintenance, and the properties which the easement access way serves. See § 153.154 for further information.
(F) Subdivision entrances.
(1) Residential subdivisions.
(a) All developments of more than 200 residential units or additions to existing developments that increase the total number of residential units to 200 or more shall provide vehicular access to at least two public streets. In cases where the property being developed is adjacent to more than one state road, it is encouraged that the required entrances be located on separate state roads. The Planning Board, at the developer’s request, may determine that topography, natural features, or the pattern of the existing adjacent development makes such provision impractical.
(b) A maximum of two entrances per major subdivision are allowed unless additional entrances are approved by the county’s Planning Board. The Planning Board may grant additional entrances if it is determined, via applicant justification, that the additional entrances will increase the public health, safety, and/or general welfare.
(2) Nonresidential subdivisions. Nonresidential subdivision developments shall not exceed the number of driveways/entrances permitted by NCDOT.
(G) Blocks. Blocks shall be laid out with special attention given to the type of use contemplated.
(1) Block lengths shall not exceed 1,400 feet or be less than 400 feet.
(2) Blocks shall have a sufficient width to allow two tiers of lots of minimum depth. Blocks may consist of single tier lots where such are required to separate residential development form through vehicular traffic or nonresidential uses.
(H) Type of streets required. All subdivision lots shall abut a street designated as either public or private. All public or private streets shall be built to the standards of this chapter and all other applicable standards of the county and NCDOT.
(1) Public streets. Public streets, which are eligible for acceptance into the state-maintained road system, shall be put on such system. Streets which are not eligible to be put on the State Highway System, because there are too few lots or residences, shall be in accordance with the standards in this chapter, or standards necessary to be put on the State Highway System.
(2) Private streets. Private streets shall be specifically allowed within planned unit developments, condominium, and townhome developments. All other developments proposing to have private streets and/or gated entrances shall require Planning Board approval and may be subject to further conditions regarding safety and/or connectivity. Additionally, all projects are subject to reasonable and appropriate safety measure deemed necessary by the Development Review Board under the following conditions.
(a) Where private streets are provided in developments with lots or units for sale, such streets shall be designated as part of areas held in common and under ownership of a homeowners association with maintenance provisions.
(b) All private streets shall be constructed or improved to NCDOT standards and certification of construction must be submitted as the final plat stage by a professional licensed engineer.
(c) The recorded plat of any subdivision that includes a private road shall clearly state that such road is a private road. Further, the initial purchaser 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 road.
(d) All private streets shall be constructed within a public utility easement and shall be recorded as such, for the purpose of service and maintenance of public utilities with those right(s)-of-way. In any case in which a developer installs or causes the installation of water, sewer, electrical power, telephone, or cable television facilities and intends that such facilities shall be owned, operated, or maintained by a public utility or any entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities must also be provided.
(e) 1. All gated private streets shall be approved by the Fire Code Official prior to construction or installation of any such gates and related equipment and systems.
2. Gates shall be constructed and installed in compliance with county regulations.
3. Adequate distance between the driveway from the state road and the actual gated entrance shall be allowed for stacking of vehicles.
Gate Storage Lengths | |
Number of Dwelling Units | Minimum Storage |
< 50 | 50 ft. |
50 - 100 | 75 ft. |
> 100 | 100 ft. |
(I) Marginal access streets. It is the intent of this regulation, in accordance with NCDOT, to limit access onto principal arterial streets where appropriate, in order to maintain the traffic capacity and encourage smooth traffic flow. Where a tract of land to be subdivided adjoins a principal arterial street, the subdivider may be required to provide a marginal access street parallel to the arterial street or reverse frontage on a minor street for the lots to be developed adjacent to the arterial. Where reverse frontage is established, private driveways shall be prevented from having direct access to the principal arterial. Marginal access streets shall be built to the minimum requirements as stated in division (M)(3) below.
(J) Dead-end streets and cul-de-sacs.
(1) Dead-end street length and width.
(a) A permanent dead-end street shall not exceed 2,500 feet in length measured from the centerline of its beginning point on a through street to the centerline of its end in the center of the turnaround of the cul-de-sac or the centerline at the end of a temporary turnaround. Stub out streets or intersecting cul-de-sacs shall not be points of measurement for dead-end streets.
(b) Cul-de-sacs shall have a minimum 35-foot pavement radius and should not be used to avoid connection with an existing street or to avoid the extension of an important street, unless exception is granted by the Development Review Board. The distance from the edge of pavement on the vehicular turnaround to the right-of-way line shall not be less than the distance from the edge of pavement to right-of-way line on the street approaching the turnaround.
(2) Temporary turn-arounds. Temporary turn-arounds may be required when located at the dead-end of a street meant for future connection, stub-streets, or as required by the Fire Code Official. Streets of less than 150 feet in length shall not be required to meet the regulations of this section.
(a) In cases where a temporary turn-around is permitted to facilitate future connections or development, the last lots on the proposed street shall be wide enough to accommodate the temporary turn-around entirely within the property being developed.
(b) Temporary turn-arounds may be removed in cases where additional public right(s)-of-way is dedicated at the termini of an existing public right(s)-of-way. In cases where private right(s)-of-way is continued at the termini of public right(s)-of-way, the required temporary turn-around shall remain in place.
(c) In no case shall any area utilized for temporary turn-arounds be used for vehicle parking.
(d) Temporary bulb, hammerhead, and/or alternative hammerhead turn-around designs shall be constructed with a minimum of six inches of ABC stone.
(K) Alleys.
(1) Except for neo-traditional designed lots, alleys shall not be provided in residential subdivisions unless necessitated by unusual circumstances. Unless otherwise provided herein neo-traditional designed lots shall have alleys that comply with NCDOT’s Traditional Neighborhood Development Street Design Guidelines. Maintenance of alleyways will be the responsibility of the homeowners association, comparable individual, or group that has responsibility for other common areas. Maintenance of alleyways shall be addressed in the organizational papers and by-laws of the homeowners association.
(2) The width of an alley shall be at least 20 feet.
(3) Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn-around facilities at the dead-end as may be approved by the Development Review Board.
(4) Sharp changes in alignment and grade shall be avoided.
(5) All alleys shall be designed in accordance with NCDOT standards.
(L) Half-streets. The dedication of half streets of less than 60 feet at the perimeter of a new subdivision shall be prohibited. If circumstances render this impracticable, adequate provision for the concurrent dedication of the remaining half of the street shall be furnished by the subdivider. Where a half-street exists in an adjoining subdivision, the remaining half shall be provided by the proposed subdivision. However, in circumstances where more than a 60-foot right-of-way is required, a partial width right-of-way, not less than 60 feet in width, may be dedicated when adjoining undeveloped property is owned or controlled by the subdivider; provided that the width of the partial dedication is such as to permit the installation of such facilities as may be necessary to serve abutting lots. When the adjoining property is subdivided, the remainder of the full required right-of-way shall be dedicated.
(M) Minor subdivision streets. Minor subdivision streets shall meet the requirements of this section, as applicable. See § 153.154 for more information.
(1) General requirements.
(a) For the purpose of this section, all lots less than or equal to ten acres in size shall count toward the total number of lots, regardless of location on the easement. Parcels greater than ten acres in size shall not be counted toward the number of lots located on an easement.
(b) Each lot shall abut the easement, and street when required, for the entire length of the minimum lot width in the zoning district in which it is located, or 40 feet when located on the bulb of a cul-de-sac.
(c) Construction and installation of street(s) shall be required from the state-maintained right-of-way to the end of the easement or to the end of the property involved in the subdivision, whichever is less. In cases where an existing easement is greater than 2,000 feet in length and street installation is required, the subdivider(s) may petition to the Planning Board for relief from this requirement.
(d) The street shall remain clear of all obstructions and debris.
(e) A maintenance agreement shall be submitted and recorded with the minor subdivision plat whenever street installation is required.
(2) Exemptions from street installation. Minor subdivisions which allow for less than three lots on any existing easement shall be exempt from the street construction requirements of this section.
(3) Street design standards on existing easements. Minor subdivisions which allow for three or more lots to be created on any existing easement shall be required to meet street construction standards which shall be a minimum width of 20 feet and three inches of aggregate base course (ABC) gravel.
(4) Street design standards on new easements. Minor subdivisions which allow for three or more lots to be created on any new easement shall be required to meet the following street construction standards.
(a) Minor subdivision streets shall meet NCDOT’s Subdivision Roads Minimum Construction Standards for residential local streets through the subgrade phase of construction, including drainage improvements, grading, and typically six inches of ABC gravel. The minimum lane width shall be ten feet. Certification of compliance with NCDOT requirements shall be made by a professional state engineer; and/or
(b) When existing conditions cannot meet NCDOT requirements, such conditions shall be certified by a professional state engineer, and the required gravel depth may be reduced.
(N) Nonresidential streets. The subdivider of a nonresidential subdivision shall provide streets in accordance with the standards of NCDOT and the standards in this chapter, whichever are stricter in regard to each particular item.
(Res. passed 4-16-2011; Ord. passed 10-17-2011; Res. passed 2-17-2014; Res. passed 5-18-2015; Res. passed 3-16-2020)