(A) Permitted use of private roads within condominium, townhouse and gated community development. The design, location and improvement of private roads shall provide for safe intersection with public roads, safe passage of public service and emergency vehicles and protection of adjoining parcels. Private roads shall be permitted in major subdivisions on land held by a homeowners association or where public access is restricted by means of a gate or guardhouse.
(1) A copy of the articles of incorporation and bylaws of the homeowners association providing for 1 lot, 1 vote membership formula shall be filed with the Planning Department.
(2) The governing covenants shall require the payment of periodic assessments to the homeowner's association on no less than an annual basis and shall be sufficient to maintain the private streets or roadways of the subdivision. Delinquent unpaid assessments shall constitute a lien against the assessed properties.
(3) Provisions shall be made for a school bus to enter subdivision, turn around without backing up and exit in the shortest distance possible and a letter of permission (wavier of liability) for the bus to enter and exit shall be filed with and approved by the Superintendent of Schools. A copy of the approval shall be filed the Planning Department.
(4) (a) Provisions shall be made for postal delivery to enter subdivision, turn around without backing up and exit in the shortest distance possible and a letter of permission (wavier of liability) for the bus to enter and exit shall be filed with and approved by the Postal Service.
(b) A copy of the approval shall be filed the Planning Department. Postal delivery locations shall not be within the public right-of-way, within a vehicular sight triangle or impede the flow of traffic into or out of the subdivision.
(B) Other permitted use of private roads. The Planning Board may approve construction and use of private roads where:
(1) An existing, new or extended private road included as part of a proposed subdivision cannot serve as part of a through road within a local road network because physio-geographical characteristics or other intervening manmade characteristics make it impractical or unreasonable to extend the public roads to connect to adjoining roads or land;
(2) There will be fewer than 2 lots for each 1/10 of a mile of road and deed restrictions or zoning prevent further re-subdivision;
(3) A road is less than 2/10 of a mile, serves fewer than 4 lots and deed restrictions or zoning prevent further re-subdivision;
(4) A cul-de-sac is less than 2/10 of a mile, serves fewer than 4 lots and deed restrictions or zoning prevent further re-subdivision;
(5) A subdivision access road is less than 1 mile and provides ingress and egress for fewer than 5 lots;
(6) A subdivision access road is over 1 mile in length and provides ingress and egress for fewer than an average of 5 lots per mile. A subdivision access road is a road built through vacant property to provide access to the property being developed. This road would not have lots platted along it. (NCDOT definition); or
(7) All adjoining land has been previously developed and the proposed subdivision does not:
(a) Provide access to adjoining property;
(b) Create any new or residual parcels which do not satisfy the requirements of this chapter or other applicable local and state controls;
(c) Involve the extension of public sewerage or water lines or the creation of new drainage easements; and
(d) Create lots or locate a road entirely or substantially in a flood hazard area as defined by Chapter 153.
(Ord. passed 6-7-2004, § 313.8.9) Penalty, see § 10.99