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(A) The Council may direct, control, and prohibit the laying of railroad tracks and switches in public streets and alleys. All railroad tracks, crossings, and bridges shall be constructed so as not to interfere with drainage patterns, or with the ordinary travel and use of the public streets and alleys.
(B) The costs of constructing, reconstructing, and improving public streets and alleys, including the widening thereof, within areas covered by railroad cross-ties, including cross timbers, shall be borne equally by the town and the railroad company. The costs of maintaining, and repairing, such areas after construction shall be borne by the railroad company.
(C) For those grade crossings listed in Appendix A, § 101 of this code, which is hereby made a part of this section, the railroad operating trains or locomotives, or rolling stock of any kind over the same, shall maintain, at all times, suitable crossing gates, which shall be closed when any train, locomotive, or other rolling stock is passing over, or approaching, near to the crossing for the purpose of passing over the same. In lieu of the foregoing, the railroad may install and maintain highway grade crossing automatic flashing light signals with, or without, short arm gates. The costs of installing, and maintaining, safety devices shall be apportioned between the town and the railroad company, as provided in G.S. § 160A-298(c).
(D) For those grade crossings listed in Appendix A, § 102 of this code, which is hereby made a part of this section, the railroad operating trains, locomotives, or rolling stock of any kind over the same shall either:
(1) Give timely warning of the approach of each train, locomotive, or other rolling stock, by a crossing watchman then on duty; or
(2) Cause each train, locomotive, or other rolling stock to be brought to a stop before entering onto the crossing, and to be preceded by a flagman on foot who shall give timely warning that it is about to enter upon the crossing.
(E) (1) For those grade crossings listed in Appendix A, § 103 of this code, which is hereby made a part of this section, the railroad operating trains, locomotives, or other rolling stock of any kind over the same shall do one of the following:
(a) Give timely warning of the approach of each train, locomotive, or other rolling stock by a crossing watchman then on duty;
(b) Cause each train, locomotive, or other rolling stock to be brought to a stop before entering on such crossing, and to be preceded by a flagman on foot who shall give timely warning that it is about to enter upon the crossing; or
(c) Install and maintain highway grade crossing automatic flashing light signals with, or without, short arm gates.
(2) The costs of installing, and maintaining, safety devices shall be apportioned between the town and the railroad company, as provided in G.S. § 160A-298(c).
(Code 1976, § 5.29)
(A) (1) The Council may require that a grade crossing be eliminated, and replaced, by a railroad bridge, or by a railroad underpass, if the Council finds as a fact that the grade crossing constitutes an unreasonable hazard to vehicular or pedestrian traffic. In such event, the town shall bear 90% of the costs, and the railroad company shall bear 10% of the costs. If the town constructs a new street which requires a grade separation, and which does not replace an existing street, the town shall bear all of the costs. If a railroad company constructs a new track across at grade, or under, or over, an existing street, the railroad company shall pay the entire cost thereof.
(2) The town shall pay the costs of maintaining street bridges which cross over railroads. Railroad companies shall pay the cost of maintaining railroad bridges over streets, except that the town shall pay the costs of maintaining street pavement, sidewalks, street drainage, and street lighting where streets cross under railroads.
(B) Whenever the widening, improving, or other changes in a street require that a railroad bridge be relocated, enlarged, heightened, or otherwise reconstructed, the town shall bear 90% of the costs, and the railroad company shall bear 10% of the costs.
(Code 1976, § 5.30)
Statutory reference:
Similar provisions, G.S. § 160A-298(d), (e).
§§ 19-403 TO 19-499 RESERVED.
The name of any new street created in a subdivision by means of plat approval, or in any other manner, shall be subject to approval by the Planning Board. New street names shall not duplicate, or be deceptively similar to, existing street names in the town or vicinity. Existing street names, however, shall be continued where existing streets are extended.
(Ord. 9-84, passed 10-8-1984)
Cross-reference:
Subdivisions, §§ 17-501 et seq.
The names of streets within the town, as the same are shown on the town’s zoning map as of October 8, 1984, are confirmed as the official names of those streets. A current map of the town showing the names of streets within the town shall be maintained in Town Hall, and available for public inspection.
(Ord. 9-84, passed 10-8-1984)
(A) Names of existing streets may be changed by the Town Council upon its own initiative, or upon receipt of a valid petition signed by at least 51% of the owners of property abutting the street right-of-way at issue. To be valid, a petition to change a street name shall be accompanied by a fee (see fee schedule), and shall contain a commitment from one, or more, property owners to pay the fee estimated by the town at the time the petition is submitted for each sign which would have to be changed if the street name is altered.
(B) Upon receipt of a valid petition, the Planning Board, which shall give notice to the owners of property abutting the affected street of the request for change, and of a public hearing which the Planning Board shall conduct on the issue. Based upon the comments and information received at the public hearing, and other relevant factors, the Planning Board shall make a report and recommendation upon the matter to the Town Council.
(C) After receipt of the Planning Board’s report and recommendation, the Town Council shall conduct a public hearing upon the proposal prior to making any determination as to whether to approve, or deny, a change in the street name. The final decision to approve, or deny, a request shall be in the discretion of the Council.
(Ord. 9-84, passed 10-8-1984)
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