(A) General requirements.
(1) The street network is the foundation for the city's transportation system. The primary goal is to integrate motor vehicle, pedestrian and bicycle facilities in a well-balanced network that provides connections and choices for citizens to move about the city. To accomplish this goal, street design standards have been developed to provide the minimum specifications and standards for the design and construction of roadway improvements for all classifications of the street system. Additional requirements may be deemed necessary by the Public Works Director, City Engineer, or their designee, depending on the proposed improvement. The additional requirements may be utilized in conjunction with or in lieu of current ordinances or specifications utilized for development within the city limits or the jurisdictional boundaries of the city.
(2) There are several methods by which streets are designed and constructed within the city. These methods include:
(a) Private developers building public streets;
(b) The city designing and constructing new streets or improving existing streets;
(c) The North Carolina Department of Transportation designing and building new streets or improving existing streets.
(3) The design standards set forth in this chapter are intended to be used by any entity, public or private, and shall be designed and constructed in conformance with the standards set forth in this chapter.
(4) Streets constructed or improved within the city and its jurisdictional boundaries on public rights-of-way shall be designed and constructed in conformance with the standards set forth in this chapter, the North Carolina Department of Transportation’s Standard Specifications for Roads and Structures, and other engineering publications, as required, supporting the design of the proposed improvement. In the event of conflicts between specifications, the more restrictive specification shall be enforced.
(5) It shall be unlawful for any person to construct or improve a public street or construct a new private street except as authorized by provisions of this chapter.
(6) All streets to be constructed or improved on city rights-of-way shall be reviewed and approved by the Director of Public Works, or a designated representative, and the City Engineer, or a designated representative, prior to the issuance of a permit to undertake such construction or improvement.
(7) Any street constructed, improved or connecting to a state-maintained roadway shall conform to the specifications of the North Carolina Department of Transportation (NCDOT), and obtain approval from NCDOT prior to beginning construction.
(B) Permits and fees.
(1) No person, firm, or corporation shall remove, alter or construct any street or perform any other improvement on any public street or dedicated street right-of-way without permits authorizing such improvements.
(2) Driveways connecting to city streets or public right-of-way shall require a permit prior to installation and inspection by the city during construction of the driveway.
(C) Submittal requirements. Construction plans shall be submitted to the city as outlined in this Code of Ordinances. Construction plans shall adhere to the specifications set forth by the city.
(D) Protecting the public from injury. Whenever any person shall do or undertake to do any of the activities set forth in this chapter, it shall be the responsibility of such person to protect from harm and damage all persons who may be using any street or sidewalk or other public place where such activity is in progress. To that end, such person shall erect and maintain suitable signs, lights, barricades and other traffic control devices at the proper location where such work is in progress. These safeguards shall be applied in accordance with the current (NCDOT) Work Zone Traffic Control, Section 1101-1180.
(E) Traffic impact analysis (TIA).
(1) A TIA shall be prepared by professional engineer registered in the State of North Carolina.
(2) The city and the developer will discuss possible firms to prepare the TIA. The city shall make the final decision of the firm preparing the TIA.
(3) A TIA may be required to support the proposed improvements associated with a new development.
(4) Once staff has determined a TIA is required, a scoping meeting shall be required to outline specific data to be included in the TIA. City staff, the NCDOT and the developer are required at the scoping meeting. The developer should invite the needed support staff of their design team.
(5) During the scoping meeting, a memorandum of understanding shall be prepared by the city to specify the scope of work to be performed in the TIA.
(6) All costs associated with the preparation of a TIA shall be encumbered by the developer.
(7) The review of the TIA shall be the responsibility of the city and/or the NCDOT.
(8) Adoption of specified improvements listed in the TIA shall be agreed upon by the city, the NCDOT and the developer prior to plan approval. An agreement of mitigation form, outlining the prescribed measures of improvement, shall be executed by all entities listed above and/or responsible parties with the proposed development.
(9) All improvements agreed to be performed for the development shall be completed prior to acceptance of the final plat and/or certificate of occupancy, unless otherwise noted in the executed agreement.
(10) All costs of the improvements shall be the responsibility of the developer unless otherwise noted.
(11) Any TIA prepared for developments within the jurisdictional limits of the city shall follow the criteria and methodology of the ITE Trip Generation Manual.
(12) (a) A TIA shall be required when the following criteria are met or exceeded:
(1) One thousand trips for site-specific developments (within a 24-hour period);
(2) Seventy-five trips for residential developments during peak hours;
(3) One hundred trips for other developments on adjacent roads and development roads during peak hours.
(b) Upfits, redevelopment, expansion, and/or change of use projects will be evaluated by staff for the need and requirements of a TIA.
(c) For the purpose of this chapter, PEAK HOURS shall be defined as 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 .p.m.
(13) Expansions, upfits and/or change of use applications will require the staff to determine the appropriate TIA trip-generation threshold for each use.
(a) Trip generations for the proposed site shall be compared to the trip generations of the current site within the past six-month period.
(b) Development approvals within the most recent five-year period will be included in the trip generation, unless a separate TIA has been performed for the previously approved development.
(c) Notwithstanding the above values, a TIA shall be required for a site-specific development plan if city staff determines one of the following conditions exist:
(1) Traffic generated from a nonresidential development will significantly impact adjacent residential neighborhoods.
(2) Traffic-operation problems for current and/or future years on nearby streets are expected to be substantially aggravated by traffic generated by the proposed new development.
(3) Traffic-safety issues exist at intersections or streets that would serve the new development.
(4) The proposed land use differs significantly from that contemplated in the adopted City Land Use Plan
(5) The internal street or access system is not anticipated to accommodate the expected traffic generation.
(6) The amount or character of traffic is significantly different from an earlier approved study or more than 24 months have passed since completion of the previous transportation study.
(14) The capacity analysis included in the TIA shall utilize the Highway Capacity Manual, and signalized intersections shall incorporate information from the city and/or NCDOT.
(15) For developments with multiple phases, the TIA shall account for traffic counts of each phase as they are completed, as well as the cumulative traffic counts at the completion of the development.
(16) Crash data within the scope of the project limits shall be included for a three-year period for the following criteria:
(a) Type;
(b) Number;
(c) Severity.
(17) Level of service (LOS) shall show no signs of degradation or further delays on intersections with a current LOS of E or F.
(18) The NCDOT Municipal School Transportation Assistance (MSTA) calculator should be used to calculate the projected trip generation for school sites. School sites may need to be sent to NCDOT MSTA in Raleigh, North Carolina, for review as part of the review process.
(F) Administrative controls.
(1) The city recognizes that not all streets will be able to conform to every standard set in this chapter.
(2) Any street needing special attention due to exceptional conditions will be handled on a case-by-case basis.
(3) The city reserves the right to override the standards set forth in this chapter should the street necessitate such action.
(4) If, based on sound engineering judgment, there is a question as to whether or not a site will qualify for a variance in any standard documented in this chapter, City Public Works should be contacted to discuss that potential variance.
(Ord. passed 8-8-2019)