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(A) Those dedicated streets extending from Virginia Dare Trail east to the public trust zone of the Atlantic Ocean shall be for the use of the public as beach access corridors and public parking. No private driveways shall be permitted to ingress from such streets unless the following conditions apply: the street is unimproved and the party seeking to locate a driveway agrees to improve the street to a length two times the length of the improvement necessary to facilitate the proposed driveway and such improvements do not require the destruction of an existing primary dune; no driveway shall be permitted more than 100 feet east of Virginia Dare Trail or less than 50 feet east of Virginia Dare Trail and no driveway shall exceed 12 feet in width.
(B) Improvements to dedicated streets east of Virginia Dare Trail to facilitate the location of a fire lane on the east side of an oceanfront structure shall be excepted from the prohibition of driveways east of Virginia Dare Trail and one driveway not more than 12 feet in width nor more than 100 feet east of Virginia Dare Trail shall also be allowed in conjunction with the installation of an oceanfront fire lane.
(C) For streets east of Virginia Dare Trail that have been improved to the town's specifications prior to December 9, 1985, at 12:00 noon, one driveway may be located on the north and south sides of such a street, provided the driveway is positioned not more than 100 feet east of Virginia Dare Trail and is not more than 12 feet in width.
(D) All lots platted prior to December 9, 1985, at 12:00 noon, and which do not front on Virginia Dare Trail shall be exempted from the driveway prohibitions of this section and shall be allowed one driveway as may be necessary for access to such lots.
(E) All improvements installed in conjunction with this section must comply with the town's plans and specifications for road construction.
(`88 Code, § 18-28) (Ord. passed 8-11-82; Am. Ord. passed 12-9-85)
ACCEPTANCE AND IMPROVEMENT OF PUBLIC STREETS
Acceptance of streets dedicated for public use and improvement of all streets shall be as prescribed in this subchapter. Exception: nothing contained in this chapter shall limit the discretion of the Board of Commissioners to engage in the street improvement projects, including, without limitation, the construction or reconstruction within public street rights-of-way of pavement, curbs and gutters, landscaping, utilities, sidewalks, parking spaces or other facilities according to the standards and dimensions as the Board deems appropriate under the circumstances.
(`88 Code, § 18-46) (Ord. 96-08, passed 5-13-96; Am. Ord. 96-09, passed 6-10-96)
(A) No street, alley or other public way dedicated for public use within the town shall be accepted by the town as a public street and no maintenance or improvement will be authorized thereon unless the requirements set out in this subchapter have been complied with.
(B) When the requirements of this subchapter have been met to the satisfaction of the Board of Commissioners and the Town Engineer, the Board of Commissioners may, by resolution, accept such street or alley for public use.
(`88 Code, § 18-61)
(A) The dedication by an owner-developer by the recordation of a plat in the office of the Register of Deeds of the county of property within the territorial limits of the town, indicating on such plat a street, way or access area, whether or not the same has been physically improved by the owner-developer, by the town or by any other person, has heretofore been generally accepted by the town, in 1955, and shown on its Zoning Map adopted May 22, 1979, as amended, and the acceptance of such dedication is in all respects specifically confirmed. The acceptance of dedication of a street, way or access area for public use is without regard to the improved condition of such platted area shown on the map or plat of property within the territorial limits of the town.
(B) Assumption of the maintenance responsibility for such street, way or access area shall be governed by the provisions of the ordinances of the town relating to subdivisions and to street and water lines.
(C) No street, way or access area shall be abandoned by any owner or developer, except in accordance with the provisions of G.S. § 160A-299 relating to abandonment proceedings.
(`88 Code, § 18-62) (Ord. passed 5-13-85)
(A) Prior to opening any street, alley or other public way, the property owner or developer shall submit a preliminary plan to the Board of Commissioners for approval.
(B) Such preliminary plan shall show the location of the proposed street, alley or other public way, the right-of-way width, all adjacent property owners, watercourses and such other information as the Board of Commissioners may require.
(C) (1) All preliminary plans will be reviewed under the provisions outlined in § 153.357, Site Plan Review Process For Commercial, Multi-Family And Conditional Use Application, including review by the Street Improvement/Special Project Subcommittee. These plans shall comply with adopted plan for paving unimproved streets. At such time as the Board of Commissioners approves the preliminary plan, the Town Engineer and the Public Services Department shall review final construction plans for compliance with adopted standards.
(2) Adjacent property owners shall be notified in accordance with established town administrative procedures, which shall include at minimum by first class mail, at least 30 days prior to commencement of construction.
(`88 Code, § 18-63; Am. Ord. 03-08, passed 6-25-03; Am. Ord. 03-15, passed 10-15-03)
(A) The minimum standards for new streets extensions of existing streets or alleys for which approval is required shall be as provided in this section.
(B) A right-of-way width of 50 feet shall be dedicated for street purposes. In addition, the Board of Commissioners may require a right-of-way width of 80 feet if such street is to be used as a minor thoroughfare or where greater widths are required by a major street plan.
(C) A minimum right-of-way of 20 feet shall be required for all service alleys with a paved width of 16 feet or as required by the Public Services Department.
(D) Streets shall conform to the general street plan or major thoroughfare plan of the town as to location.
(E) Streets shall intersect at right angles and the street alignment shall not change more abruptly than a vertical curve of 1,000 feet in radius, except where existing conditions justify a modification of this requirement by the Board of Commissioners.
(`88 Code, § 18-64) (Ord. passed 1-12-87)
(A) If the street is indicated on the annually certified Powell Bill Map of the town as unimproved, the owner or developer shall be required to make the following improvements as provided in this section at no cost to the town prior to acceptance of such street or alley as a public street.
(B) The right-of-way shall be cleared and graded to its final grade for the full width of the right-of- way providing that destruction of existing vegetation and trees be kept to a minimum, clearing only what is necessary to allow for adequate vision for safe circulation. Grades shall not as far as practical exceed 5%.
(C) Streets shall be crowned and adequate street drainage ditches provided in accordance with the street improvement construction specifications of the town. The Road Standard Drawings and Standard Specifications for Roads and Structures, produced by the Department of Transportation, are adopted by reference so far as they pertain to crowning and drainage.
(D) Paving shall not result in dead-end conditions except for streets platted as dead-end streets prior to June 25, 2003. Commercial development required to pave streets for access from NC 12 (Virginia Dare Trail) or US 158 (Croatan Highway) may dead end street improvements at their property line provided circulation is adequate to meet minimum needs of town service vehicles. When streets are platted as dead-end streets prior to June 25, 2003, a turn-around area within the right-of-way shall be provided.
(E) Paving shall be as follows:
(1) All streets and roads shall be paved with bituminous concrete;
(2) All paving shall include:
(a) Eight inches of ABC (Aggregate Base Course) #17;
(b) Two inches of HB (Base Course); and
(c) Two inches of I-2 (Bituminous Concrete Surface Course);
(3) As directed by the Public Services Department, geotextile fabric may be required for water damage control.
(F) Widths of new streets shall be as follows:
(1) Paving 50-foot rights-of-way. Newly constructed local access streets shall have a minimum width of 20 feet of bituminous paving surface with a base of ABC 8 inches thick, 24 feet in width;
(2) Paving 60-foot rights-of-way. Newly constructed collector streets shall have a minimum width of 24 feet of bituminous concrete paving surface with a 28 foot base of ABC 8 inches thick;
(3) Paving 50- and 60-foot rights-of-way. Streets classified by the Public Safety Director as collector streets or streets allowing on-street parking shall be a minimum of 36 feet in width with a 40- foot base of ABC 8 inches thick.
(G) Seeding and stabilization requirements. A private developer shall install seeding and stabilization at least three weeks prior to requesting final inspection of the project. The Public Services Department will inspect the site for compliance with approved plans and determine if permanent ground cover and stabilization has been established or if additional effort is needed.
(1) Approximately 60 days after acceptance by the Board of Commissioners, the Public Services Department will re-inspect the site and determine if permanent ground cover has been achieved. If permanent ground cover has not been accomplished, the developer will be notified of all areas requiring additional work by certified letter.
(2) If within 14 days after receipt of the certified letter the developer does not provide the additional seeding and stabilization required stabilization to accomplish permanent ground cover, the town shall have the right to use funds from the bond (or cash equivalent) to accomplish permanent ground cover.
(`88 Code, § 18-65) (Ord. passed 1-12-87; Am. Ord. 03-08, passed 6-25-03; Am. Ord. 04-07, passed 4-28-04)
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