(A) General.
(1) A subdivision road is one that serves a parcel or tract of land that is subdivided into two or more lots, building sites or other divisions for sale or building development for residential purposes where the subdivisions include a new road or change in an existing road.
(2) Subdivision roads shall be designated public or private. Public designations shall be built to minimum construction standards of the State Department of Transportation as required under G.S. § 136-102.6. (See § 155.017.) Private roads need not meet minimum construction requirements, but must meet minimum construction requirements before ever becoming a part of the state maintained system.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LOCAL RESIDENTIAL SUBDIVISION ROAD. Either cul-de-sacs, loop roads, roads that do not connect thoroughfares or serve major traffic generators.
(a) CUL-DE-SACS. These are very short roads, open at one end only, with a special provision for turning around. They have a "bulb" end design with a specific turning radii and a limited number of lots.
(b) DEAD END ROADS. These are roads less than 2,500 feet in length, open at one end only without special provisions for turning around and have no collector characteristics.
(c) LOOP ROADS. A road that has its beginning and ending points on the same route. It is less than one mile in length and has no collector characteristics.
(d) OTHER ROADS. These roads do not connect thoroughfares or serve major traffic generators and do not have "collector" characteristics.
(e) SHORT CONNECTING ROADS. These roads are normally one block long or extend on a block-by-block basis and have no collector characteristics.
RESIDENTIAL COLLECTOR ROADS. A road which serves as the connecting street between local residential roads and the thoroughfare system.
(a) CONNECTING ROADS. The roads which serve as the connecting road system between other roads within the subdivision and the thoroughfare system.
(b) DEAD END ROADS. These roads are more than 2,500 feet in length, open at one end only without special provisions for turning around, and have collector characteristics.
(c) LOOP ROADS. A road that has its beginning and ending points on the same route. It is more than one mile in length and has collector characteristics.
(d) OTHER ROADS. These are other roads having a "collector" type function in the thoroughfare system.
(e) SUBDIVISION ACCESS ROAD. This is a road built through vacant property to provide access to the property being developed. This road would not have lots platted along it.
(C) Requirements for addition of subdivision roads to the system.
(1) The minimum construction standards and other requirements in this chapter must be a part of the proposal to be reviewed for approval prior to development in order for a plat to be recorded by the County Register of Deeds.
(2) A petition for addition (DOT Form SR-1) is required from the developer and/or property owners. (See § 155.018.)
(3) Developers or property owners must dedicate the right-of-way, as indicated in the minimum design and construction criteria section of this chapter, free of charge and clear of all encumbrances.
(4) Utility adjustments or relocation to conform to Division of Highways' requirements (see Policy and Procedures for Accommodating Utility on Highway Rights-of-Way) shall be made at no expense to the Division of Highways. Existing and/or relocated utilities may remain within the right-of-way of any subdivision road added to the secondary road system; provided, the location of same meets Division of Highways' approval and further provided the utility owner executes an encroachment agreement on forms furnished by the Division of Highways. As per G.S. § 136-102.6, "Utilities are defined as electric power, telephone, television, telegraph, water, sewage, gas, oil, petroleum products, steam, chemicals, drainage, irrigation and similar lines". G.S. § 136-102.6 dictates further that "The right of any utility placed or located on a proposed or existing subdivision public road right-of-way shall be subordinate to the road right-of-way, and the utility shall be subject to regulation by the Board of Transportation". NOTE: The developer and/or owners will be required to submit encroachment agreements for all utilities within a subdivision as dictated by G.S. § 136-102.6. (See § 155.017.)
(5) At least 20% of the lots bordering the road must be individually owned.
(6) There must be at least two occupied residences for each one-tenth of a mile. A minimum of four occupied homes is required for the addition of roads less than two-tenths of a mile in length. If four occupied homes are not served, it will be treated as a private drive. An exception may be made if the cul-de-sac is fully developed, serves at least four platted lots, and has four occupied homes that abut the road. A minimum of two homes must have primary access to the cul-de-sacs.
(7) Subdivision access roads must provide ingress and egress for at least five occupied residences for roads less than one mile in length and an average of five occupied residences per mile for roads over one mile in length.
(8) The number of platted lots on each road will be reviewed to ensure that the minimum occupied housing requirements in this chapter are served.
(9) Connecting roads with less than the required occupied homes for the length involved may be reviewed as to traffic usage for addition purposes. Traffic usage equivalent to the traffic that would be generated by the correct number of occupied homes will be acceptable.
(10) Any subdivision road with a right-of-way dedicated, recorded, or that has preliminary approval from a county planning board dated after 9-30-1975, will not be added to the state system unless the road is built to the minimum construction standards of the Division of Highways for subdivision roads.
(11) All subdivision roads shall have an acceptable permanent vegetative cover established and other acceptable permanent erosion control measures installed in accordance with Division of Highways' specifications, prior to addition to the state maintained system.
(12) Subdivision roads shall meet the minimum design and construction criteria contained herein prior to addition to the state system and shall be in an acceptable state of maintenance prior to addition to the state maintained road system.
(13) All pipe culverts, storm sewers and appurtenances shall be free of all debris and silt build-up and shall be structurally and hydraulically sound, and functioning in a normal manner. All drainage ditches shall be of such a width and depth and with such a slope as to carry the anticipated discharges. Paved ditches or rip rap shall be required where necessary.
(14) Where extenuating circumstances exist, the Division Engineer has the authority to allow deviations from this chapter which are reasonable, and limited only to safety, environmental and maintenance factors. No deviation will be allowed from the typical section requirements, except by written approval from the Chief Engineer-Operations.
(15) Within a municipal extra territorial jurisdiction or within counties having local ordinances affecting subdivisions, the more restrictive ordinance shall apply.
(16) Design concepts using traffic calming devices and walkable community concepts shall be reviewed by the Chief Engineer-Operations.
(17) For the policy on roadway bridges and dams, see § 155.036.
(18) Roads being considered for addition that have highway obstructions as defined in 19A N.C.A.C. § 2E.0404 will not be considered without prior approval of the Division Engineer. (See § 155.019.)
(19) The Division of Highways will consider the addition of streets that serve developments with large lots or parcels that are of the size that the occupied housing requirement of two homes per tenth of a mile cannot be met. The number of occupied homes needed shall be a judgment factor based upon the length and the number of lots or parcels involved. The minimum requirement shall be four occupied homes.
(Ord. passed 1-1-2000)