(A) Standards and specifications.
(1) Unless specifically noted, before any final plat of a subdivision is eligible for final approval, and before any street is accepted for maintenance by the town or the State Department of Transportation, minimum improvements (including drainage and soil erosion) must have been completed by the developer and approved by the town, or other designated engineer, in accordance with state or town standards whichever applies. Minimum improvements not completed and approved must be bonded in accordance with the provisions of subsection (K) below prior to final plat approval.
(2) The intent of the specifications set out in this article is to prescribe minimum requirements for storm drainage and street improvements to be undertaken by the developer. Satisfactory completion of these improvements, attested by approval of the town, will qualify streets in the town to be accepted for maintenance by the town, and streets in the extraterritorial jurisdiction to be accepted for maintenance by the town upon annexation or, in the case of state-standard streets, to be considered for maintenance by the state.
(B) Street improvement responsibility. In order to facilitate the provision of street rights-of-way and necessary improvements, the following sections establish responsibilities for the installation of streets and related improvements for each class of street.
(1) Freeways or expressway.
(a) New freeways or expressways.
1. Right-of-way. Entire width reserved by developer for future acquisition; provided, the certification in subsection (C) below can be made; and
2. Improvements. Installed by public.
(b) Existing freeways or expressways. No right-of-way or improvements required of developer.
(2) Major arterials.
(a) Right-of-way. For new major arterial streets, the developer is responsible for the dedication of up to 100 feet of right-of-way 50 feet on each side of the center line. Along existing major arterial streets, any development which requires specific improvements of the street to meet vehicular and/or pedestrian access needs of the particular development must dedicate the right-of-way necessary to accommodate those improvements; and
(b) Improvements. Installed by the public in accordance with a schedule of public street improvements, except on existing streets where specific improvements are required to meet vehicular and/or traffic needs of the particular development in which case the developer must install the necessary improvements at the time of development. If, however, a public improvement project for the street is programmed and funded, the developer may be relieved of the actual construction, but remains liable for the costs of the improvements for which he or she would otherwise be responsible. The developer has the option, after consultation with the Town Manager, to construct all or a portion of a new or extended street if the developer wants to make use of the street for access to the development. Development along new major arterial streets or extensions of major arterial streets must limit access points to public streets or specifically approved street type entrances.
(3) Minor arterial.
(a) Right-of-way. For new minor arterial streets, the developer is responsible for the dedication of up to 70 feet of right-of-way, 35 feet each side of the center line. Along existing Class IV streets any development which requires improvements of the street to meet vehicular and/or pedestrian access needs of the particular development must dedicate the right-of-way necessary to accommodate those improvements; and
(b) Improvements. Installed by the public in accordance with a schedule of public street improvements, except where specific improvements are required to meet the vehicular and/or pedestrian access needs of the particular development in which case the developer must install the necessary improvements at the time of development. If, however, a public improvement project for the street is programmed and funded, the developer may be relieved of the actual construction, but remains liable for the costs of the improvements for which he or she would otherwise be liable. The developer has the option, after consultation with the Town Manager, to construct all or a portion of a new or extended street if the developer wants to make use of the street for access to the development. Development along new minor arterial streets or extensions of minor arterial streets must limit access points to public streets or specifically approved street type entrances.
(4) Major and minor collector.
(a) Right-of-way. Dedicated by the developer; and
(b) Improvement. Constructed by the developer.
(5) Town streets.
(a) Right-of-way. Dedicated by the developer; and
(b) Improvements. Constructed by the developer.
(6) Compliance. All public streets must be constructed to comply with all applicable town or state requirements. Public improvements will be made in accordance with adopted plans, programs and budgets. It shall not be expected that the occurrence of development will result in the immediate installation of public street improvements by the public sector unless those improvements are scheduled and funded in accordance with public policies and programs.
(7) Minimum standards. Minimum standards for private streets shall be as set forth by the State Department of Transportation with respect to horizontal and vertical geometry, sight distance, materials and quality of construction. The minimum street width shall be 20 feet from paving edge to paving edge. Street design and final construction quality shall be certified by a professional engineer or professional land surveyor licensed to practice in the state. Geotechnical reports indicating subgrade competence shall be provided with the street certification.
(C) Responsibility for state roads. No dedication or reservation of right-of-way for a new street or highway within a corridor for a street or highway on a plan established and adopted pursuant to G.S. § 136-66.2 for a street or highway that is included in the Department of Transportation's "Transportation Improvement Program" will be required by the provisions of this article unless and until the Town Manager has determined and certified in writing that:
(1) The dedication or reservation does not result in the deprivation of a reasonable use of the original tract; and
(2) The dedication or reservation is either reasonably related to the traffic generated by the proposed subdivision or use of the land remaining in the original tract, or the impact of the dedication or reservation is mitigated by measures provided in this article. For these purposes, the term
ORIGINAL TRACT will mean all contiguous land owned by the applicant. The ability of the applicant to transfer density credits attributable to the dedicated right-of-way to contiguous land owned by the applicant is deemed to be a measure which mitigates the impact of the dedication or reservation.
(D) Drainage.
(1) Storm drainage adequate to accommodate a ten-year storm must be provided throughout the subdivision by means of storm drainage pipe or properly graded channels or natural drainage. Where adequate storm drainage has been provided by means of approved storm drainage pipe and the necessary easements to provide access to the drainage facilities, in accordance with the standards of the town, and has been dedicated and accepted or otherwise conveyed to the town, the town will assume the responsibility for maintenance of the drainage pipe. Where adequate storm drainage has been provided by means of properly graded channels or ditches, the maintenance thereof will remain the responsibility of the property owner and must be so noted on the final plat and on deeds for the affected lots.
(2) In addition to drainage improvements as required by this section, the subdivider may provide for storm water detention to serve the entire subdivision as part of the drainage plan to be approved by the town. For the purposes of this article, the subdivision shall include the streets, sidewalks, driveways, rooftops and other impervious surfaces proposed to be constructed upon completion of the subdivision.
(E) Curb and gutter. Curb and gutter are required on all arterial and collector streets, with the exception of rural street applications. Standard (raised) curb and gutter must be constructed on all arterial and commercial streets, and on town streets or portions of town streets which serve primarily urban functions, such as that of the workplace or the shopping district. Standard curb and gutter is recommended for curb and gutter installations on all street types. However, valley (mountable) curb and gutter may be used in lieu of standard curb and gutter on collector streets.
(F) Sidewalk.
(1) Five-foot wide sidewalks are required as indicated by the town's sidewalk plan.
(2) Location. Approval of sidewalk construction plans must be obtained from the town as part of the subdivision review process. The town will review and comment on the location of the required facilities at the time of plan review. Except in unusual circumstances, sidewalks may not be located less than five feet, but preferably seven to ten feet, from the back of the curb or edge of pavement when no curb and gutter is required. If existing public street right-of-way is not available, the developer will be required to construct the sidewalk outside the street right-of-way on a permanent easement. While in most instances a sidewalk will be placed parallel to and off-set from the curb line, developers are encouraged and expected to meander sidewalks to preserve existing trees of significance. Adjustments may be made in the field to accommodate the circumstances.
(G) Street trees. The developer shall install street trees in accordance with the requirements of the town's zoning ordinance.
(H) Street lights. Street lighting will be installed in each new subdivision pursuant to a street lighting plan which shall be submitted to the Town Manager for approval. This shall be the responsibility of the developer. Street lights compatible in height and scale with the streetscape are strongly recommended, but in any case shall comply with minimum standards for lighting set forth in the town's zoning ordinance.
(I) Street signs and barricades.
(1) Standard street markers must be installed by the developer at one corner of all street intersections, including private streets, before any certificates of occupancy may be issued for buildings or residences along those streets. The design, material, location and installation of the signs must be in accordance with standards specified by the town unless an alternative design is approved. Alternatives to the standard design for street markers may be submitted by the developer for consideration by the Town Board. If an alternative design is approved by the Town Board, responsibility for the installation, maintenance and replacement of non-standard street markers remains with the developer and subsequently with the homeowners. If maintenance and replacement of non-standard street markers is not provided by the developer or homeowners, the town shall install standard street markers as replacements are needed. All standard street markers will be maintained and replaced by the town once initial installation has been completed by the developer.
(2) Barricades must be installed at the end of all dead-end streets, except cul-de-sac streets, which have been improved with a permanent turnaround, as required by this article. Design, material and installation of the barricades must be in accordance with the town's standards.
(J) No service unless street accepted/approved. No department, officer, agent or employee of the town will accept for maintenance, lay out, open, improve, grade, pave or light any streets or authorize the laying of water mains, sewers, electrical service extensions or other facilities or utilities in any street within the town unless:
(1) The street has been accepted or opened as, or has otherwise received the legal status of, a public street prior to the effective date of this article;
(2) For any new street, the street corresponds in its location and lines with a street shown on a preliminary subdivision plan, tentatively approved by the Town Manager or designated administrative agent;
(3) The street has been accepted as a public street by a vote of a majority of all the members of the Town Board or by the state;
(4) The street has been accepted as a public street by the state; or
(5) The street is an approved private street built in conformance with the provisions of all applicable ordinances.
(K) Modification of requirements; bond.
(1) In subdivisions adjoining already established streets that have been accepted for maintenance by the State Department of Transportation, the requirements of this section will apply as hereinafter provided; those requirements that would necessitate the general removal and reconstruction of established permanent pavements will not be applicable; where the adjoining established street is a part of the State Department of Transportation's street system, the adjoining street must be improved in accordance with either the requirements of this section and the requirements of the town or the State Department of Transportation, whichever establishes the higher standard.
(2) Plats for new lots fronting on already dedicated or established streets or roads that have not been accepted for maintenance by the Town Board or the State Department of Transportation or which have been accepted for maintenance by the State Department of Transportation, but have not been improved with a paved roadway, will be eligible for final approval when the requirements of this section have been complied with as closely as may be reasonably required considering the existing condition of the road, the extent of area to be platted and the cost of required improvements in relation to the comparative benefits to accrue to the subdivider and the other owners of property on both sides of the street or road.
(3) Where the improvements required by this article have not been completed prior to the submission of the final subdivision plat for approval, the approval of the plat will be subject to the owner filing a surety bond or an irrevocable letter of credit with the Town Manager or designated agency, in an amount to be determined by the Town Manager in consultation with the town's consulting engineer, and affected agencies such as the Department of Environmental Health, with sureties satisfactory to the Town Manager in order to guarantee the installation of the required improvements, allowing credit for improvements completed prior to the submission of the final plat. For landscaping required by this subdivision ordinance, the developer shall provide a contractor's estimate for provision and installation of the landscaping, the estimate shall be reviewed for adequacy, and a surety bond or irrevocable letter of credit sufficient to guarantee the provision and installation of required landscaping shall also be filed in the manner provided above. Upon completion of the improvements and the submission of "as built" drawings, written notice thereof must be given by the subdivider to the town. The Town Manager will arrange for an inspection of the improvements and, if found satisfactory, will within 30 days of the date of the notification authorize in writing the release of the security given, subject to the warranty requirement below.
(4) Maintenance guarantee. All improvements required by this article shall be guaranteed against defects in workmanship and materials by the subdivider for a period of one year from the date of the filing of the final plat or the date of the completion of the improvement, whichever is later. The subdivider shall file with the Town Manager a maintenance bond with adequate sureties in an amount determined by the Town Manager or consulting engineer to be sufficient to assure proper maintenance and repair of the improvements for the one-year warranty period.
(L) Inspection.
(1) The town must be notified two days in advance of the work to be started so that an authorized representative of the town or other responsible agency may be assigned to make any and all necessary inspections of the work performed.
(2) The inspector must be allowed access to all parts of the work and must be furnished with every reasonable facility to ascertain whether or not the work as performed is in compliance with the specifications.
(3) No materials may be placed, nor any work performed, except in the presence of the inspector without special permission of the appropriate agency. The inspection, however, does not relieve the contractor from any obligation to perform all of the work strictly in accordance with the specifications.
(4) In the case of any disputes arising as to the material furnished or the manner of performing the work, the inspector will have authority to reject materials or suspend work until the question or issue can be referred to and decided by the appropriate agency. The contractor must remove any work or material condemned as unsatisfactory by the inspector and must rebuild and replace the work or material to the standard required by the specifications, all at his or her own expense.
(2003 Code, § 8-2.8) (Amended 10-17-2002)