<div class="chunk-title">Sec. 62-85. - Subdivision road standards.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               
            </p>
            		
            <p class="content1">
               <span class="ital">General requirements.</span> All streets shall be designated in writing on the face of the preliminary or final
               plat as either "public" or "private." Regardless of the designation of the street,
               every lot shall have access to the street that is sufficient to provide a means of
               ingress and egress for emergency vehicles as well as those likely to need or desire
               access to the property for its intended use.
               
            </p>
            		
            <p class="incr0">
               (b)
               
            </p>
            		
            <p class="content1">
               <span class="ital">Public roads.</span>
               
            </p>
            		
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Frontage on public road required.</span> All subdivision lots shall abut on a public road except as provided for in subsection
               (c) of this section.
               
            </p>
            		
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Design and construction standards for public roads.</span>
               
            </p>
            		
            <p class="incr2">
               a.
               
            </p>
            		
            <p class="content3">
               All public roads shall be dedicated to the public, designed, and paved within the
               subdivision and connected to a state-maintained road.
               
            </p>
            		
            <p class="incr2">
               b.
               
            </p>
            		
            <p class="content3">
               The subdivision roads shall be designed and built according to the standards in the
               NCDOT's "Subdivision Roads, Minimum Construction Standards."
               
            </p>
            		
            <p class="incr2">
               c.
               
            </p>
            		
            <p class="content3">
               Where conflict exists between the requirements of the county zoning ordinance or other
               adopted plans and the NCDOT subdivision road standards, the stricter requirement shall
               apply.
               
            </p>
            		
            <p class="incr1">
               (3)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Maintenance of public roads.</span> Public roads shall be maintained by the developer or approved home owner's association
               until the NCDOT assumes responsibility for the maintenance. A statement shall be placed
               on the final plat identifying the party responsible for maintaining the public roads
               until acceptance into the state highway system (reference<a href="" data-chunk-id="PTIICOOR_CH62SU_ARTIIIPRSUPLREAP_S62-57FIPL" class="section-link" data-product-id="14529"> section 62-57</a>(d)(6)b.5 for statement language).
               
            </p>
            		
            <p class="incr1">
               (4)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Ineligible roads requirements.</span> Roads which are ineligible to be put on the NCDOT system because there are too few
               residences shall nevertheless be dedicated for public use and shall be built in accordance
               with NCDOT standards.
               
            </p>
            		
            <p class="incr0">
               (c)
               
            </p>
            		
            <p class="content1">
               <span class="ital">Private roads permitted.</span> The construction of new private roads or subdivisions fronting along existing private
               roads which are not maintained by NCDOT are allowed for subdivisions as indicated
               in subsections (d) through (f) of this section.
               
            </p>
            		
            <p class="incr0">
               (d)
               
            </p>
            		
            <p class="content1">
               <span class="ital">Private roadsâ€”Major subdivision requirements.</span>
               
            </p>
            		
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Design and construction standards for private roads in major subdivisions.</span>
               
            </p>
            		
            <p class="incr2">
               a.
               
            </p>
            		
            <p class="content3">
               Private roads which are not maintained by NCDOT or any other municipality of the county
               shall be connected to a maintained road as indicated in subsection (b) of this section.
               
            </p>
            		
            <p class="incr2">
               b.
               
            </p>
            		
            <p class="content3">
               Private roads in major subdivisions shall meet all right-of-way and design standards
               of NCDOT "Subdivision Roads, Minimum Construction Standards," except as allowed herein
               or if subject to subsection (f) of this section.
               
            </p>
            		
            <p class="incr2">
               c.
               
            </p>
            		
            <p class="content3">
               Private driveway easements that require a right-of-way less than 45 feet in width
               are permitted with justification and planning board approval.
               
            </p>
            		
            <p class="incr2">
               d.
               
            </p>
            		
            <p class="content3">
               No more than six lots may be served by a private road not constructed to NCDOT standards.
               
            </p>
            		
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Maintenance requirements for private roads in major subdivisions.</span>
               
            </p>
            		
            <p class="incr2">
               a.
               
            </p>
            		
            <p class="content3">
               All private roads in major subdivisions shall have a maintenance statement included
               on the final plat indicating who will have the responsibility for maintaining the
               streets (reference<a href="" data-chunk-id="PTIICOOR_CH62SU_ARTIIIPRSUPLREAP_S62-57FIPL" class="section-link" data-product-id="14529"> section 62-57</a>(d)(6)b.6 for statement language). The maintenance responsibility shall be either:
               
            </p>
            		
            <p class="incr3">
               1.
               
            </p>
            		
            <p class="content4">
               The property owner in the form of an agreement signed by the buyer and the seller
               in Exhibit A of the recorded deed; or
               
            </p>
            		
            <p class="incr3">
               2.
               
            </p>
            		
            <p class="content4">
               A valid, recorded home owner's association agreement.
               
            </p>
            		
            <p class="incr2">
               b.
               
            </p>
            		
            <p class="content3">
               If the subdivider elects to establish a home owner's association for the maintenance
               of streets, the provisions for establishing the home owner's association and road
               maintenance agreement, in the form of a restrictive covenant, must be approved by
               the subdivision administrator.
               
            </p>
            		
            <p class="incr2">
               c.
               
            </p>
            		
            <p class="content3">
               The subdivider shall maintain all private streets until such time as the maintenance
               agreement is signed by the buyer and the seller or the road maintenance responsibility
               is conveyed to the approved home owner's association.
               
            </p>
            		
            <p class="incr2">
               d.
               
            </p>
            		
            <p class="content3">
               When private roads are created for a subdivision, a statement must be placed on the
               final plat indicating that the plat was approved as a subdivision and further subdividing
               of the property is subject to the road improvements requirements of this section.
               
            </p>
            		
            <p class="incr0">
               (e)
               
            </p>
            		
            <p class="content1">
               <span class="ital">Private roadsâ€”Minor subdivision requirements.</span>
               
            </p>
            		
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Design and construction standards for private driveways and roads in minor subdivisions.</span>
               
            </p>
            		
            <p class="incr2">
               a.
               
            </p>
            		
            <p class="content3">
               New private driveways and roads shall be connected to a road that is constructed and
               maintained to NCDOT subdivision road standards as described in subsection (b) of this
               section.
               
            </p>
            		
            <p class="incr2">
               b.
               
            </p>
            		
            <p class="content3">
               Only one private road that is not eligible for maintenance by NCDOT is allowed on
               each tax parcel of land.
               
            </p>
            		
            <p class="incr2">
               c.
               
            </p>
            		
            <p class="content3">
               No more than six lots may be served by a private road not constructed to NCDOT standards,
               unless approved by the board of adjustment.
               
            </p>
            		
            <p class="incr2">
               d.
               
            </p>
            		
            <p class="content3">
               New private driveway easements and roads shall conform to the following standards:
               
            </p>
            		
            <p class="incr3">
               1.
               
            </p>
            		
            <p class="content4">
               1â€”3 lots: 20-foot private driveway access easement may be utilized. No construction
               standards required. Easements must provide statement for allowance of public and private
               utilities. Final plats must contain a note conveying maintenance responsibility of
               the easement to the homeowners utilizing it to access their property.
               
            </p>
            		
            <p class="incr3">
               2.
               
            </p>
            		
            <p class="content4">
               4â€”6 lots: 30-foot right-of-way may be utilized. Minimum road standards shall include:
               15-foot graveled surface road, utilizing six-inch (compacted ABC) gravel base, two-foot
               shoulders and ditch slopes not exceeding a three to one ratio. Right-of-way must provide
               language for the allowance of public and private utilities. Final plats must contain
               a note conveying maintenance responsibility of the easement to the homeowners utilizing
               it to access their property. A compliance inspection to ensure proper installation
               of road is required prior to final plat approval.
               
            </p>
            		
            <p class="incr3">
               3.
               
            </p>
            		
            <p class="content4">
               7+ lots: Minimum 45-foot right-of-way, and constructed to meet the "Subdivision Roads,
               Minimum Construction Standards," as published by the state department of transportation.
               
            </p>
            		
            <p class="incr2">
               e.
               
            </p>
            		
            <p class="content3">
               All new private roads shall be graded, well drained, and stabilized utilizing gravel,
               asphalt, or concrete.
               
            </p>
            		
            <p class="incr2">
               f.
               
            </p>
            		
            <p class="content3">
               Where, in the opinion of the subdivision administrator, it is desirable and necessary
               to provide for future road access to an adjoining property or landlocked parcel, proposed
               private roads or access easements shall be extended to the boundary of such property
               as required.
               
            </p>
            		
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Exception to allow subdivision on pre-existing, noncompliant private roads.</span>
               
            </p>
            		
            <p class="incr2">
               a.
               
            </p>
            		
            <p class="content3">
               Any parcel fronting on a right-of-way that was platted and recorded or in residential
               use prior to the date of adoption of the ordinance from which this chapter is derived
               (September 15, 1998) may be subdivided using the pre-existing right-of-way as access.
               
            </p>
            		
            <p class="incr2">
               b.
               
            </p>
            		
            <p class="content3">
               The subdivider shall provide proof that the private right-of-way existed prior to
               September 15, 1998, by providing on the final plat a dated deed book page and reference
               (recorded by the county register of deeds) identifying the right-of-way or by providing
               a notarized and sworn affidavit by the affected or past property owners to this effect.
               
            </p>
            		
            <p class="incr2">
               c.
               
            </p>
            		
            <p class="content3">
               Only one private road that is not eligible for maintenance by the NCDOT is allowed
               on each tax parcel of land existing as of the adoption date of the ordinance from
               which this chapter is derived (September 15, 1998).
               
            </p>
            		
            <p class="incr2">
               d.
               
            </p>
            		
            <p class="content3">
               No more than six lots may be served by a private road not constructed to NCDOT standards.
               
            </p>
            		
            <p class="incr1">
               (3)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Maintenance requirements for private roads in minor subdivisions.</span>
               
            </p>
            		
            <p class="incr2">
               a.
               
            </p>
            		
            <p class="content3">
               All private roads in a minor subdivision shall have a maintenance statement included
               on the final plat indicating who will have the responsibility for maintaining the
               streets. The maintenance responsibility shall be either:
               
            </p>
            		
            <p class="incr3">
               1.
               
            </p>
            		
            <p class="content4">
               The property owner in the form of an agreement signed by the buyer and the seller
               in Exhibit A of the recorded deed; or
               
            </p>
            		
            <p class="incr3">
               2.
               
            </p>
            		
            <p class="content4">
               A valid, recorded home owner's association agreement.
               
            </p>
            		
            <p class="incr2">
               b.
               
            </p>
            		
            <p class="content3">
               If the subdivider elects to establish a home owner's association for the maintenance
               of streets, the provisions for establishing the home owner's association and road
               maintenance agreement, in the form of a restrictive covenant, must be approved by
               the subdivision administrator.
               
            </p>
            		
            <p class="incr2">
               c.
               
            </p>
            		
            <p class="content3">
               When private roads are created for a subdivision, a statement must be placed on the
               final plat indicating that the plat was approved as a subdivision and further subdividing
               of the property is subject to the road improvement requirements of this section.
               
            </p>
            		
            <p class="incr0">
               (f)
               
            </p>
            		
            <p class="content1">
               <span class="ital">Private roads allowed in conservation parallel conditional zoning districts.</span>
               
            </p>
            		
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               New subdivisions approved in a low density conservation parallel conditional zoning
               district or estate lots parallel conditional zoning district application as per article
               IX-A of the county zoning ordinance may be allowed to service the subdivision using
               private roads if the permission is expressly agreed to in the conditions of approval.
               
            </p>
            		
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               Such roads are to be specifically designed to alleviate erosion and stormwater concerns
               that may be problematic in sensitive environmental locations. In no case shall curb
               and gutter designs be approved in these situations.
               
            </p>
            		
            <p class="incr1">
               (3)
               
            </p>
            		
            <p class="content2">
               A platted right-of-way of 45 feet will still be required and the all-weather roadway
               surface shall not be less than 12 feet in width.
               
            </p>
            		
            <p class="incr1">
               (4)
               
            </p>
            		
            <p class="content2">
               Such a road network shall connect to a NCDOT-maintained road, be graded and finished
               to an all-weather surface, and in no case shall roads contain slopes in excess of
               18 percent grade.
               
            </p>
            		
            <p class="incr0">
               (g)
               
            </p>
            		
            <p class="content1">
               <span class="ital">Access to adjacent properties.</span> For the purpose of providing improved traffic flow, limiting the number of subdivision
               street intersections on collector and arterial streets and providing access between
               adjoining subdivisions, the approving authority may require that a proposed public
               street be extended by dedication or reservation to the boundary of such property and
               a temporary cul-de-sac be provided meeting NCDOT guidelines. Prior to approval of
               a final plat, the developer shall construct the roads accessing adjacent properties
               or provide an approved guarantee for the construction of said roads.
               
            </p>
            		
            <p class="incr0">
               (h)
               
            </p>
            		
            <p class="content1">
               <span class="ital">Permits for connection to state roads.</span>
               
            </p>
            		
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               An approved NCDOT driveway permit is required for connection of a subdivision to any
               existing state road system. This permit is required prior to any construction which
               connects the subdivision road to the state system road.
               
            </p>
            		
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               The subdivider shall provide verification of an approved NCDOT driveway permit prior
               to final plat approval.
               
            </p>
            		
            <p class="incr0">
               (i)
               
            </p>
            		
            <p class="content1">
               <span class="ital">Marginal access street.</span>
               
            </p>
            		
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               Where a tract of land to be subdivided adjoins a principal arterial or major thoroughfare
               as designated on the county thoroughfare plan, the subdivider shall be required to
               provide a collector road parallel to the arterial/thoroughfare or utilize reverse
               frontage along the subdivision's public road for access to the lots.
               
            </p>
            		
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               Where reverse frontage is utilized, private driveways shall be prevented from having
               direct access to the arterial/thoroughfare.
               
            </p>
            		
            <p class="incr1">
               (3)
               
            </p>
            		
            <p class="content2">
               In cases where it is not feasible or practical for the subdivider to provide a collector
               road or utilize reverse frontage or when the planning board determines that the installation
               of such would result in a less desirable subdivision design, the planning board may
               grant such an exception to this requirement. In granting such an exception, the planning
               board shall find that the spirit and intent of this chapter are preserved and that
               circumstances particular to the subject property, such as topography or shape of the
               tract, warrant the exception.
               
            </p>
            		
            <p class="incr0">
               (j)
               
            </p>
            		
            <p class="content1">
               <span class="ital">Additional entrances required for major subdivisions.</span>
               
            </p>
            		
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               Developments of 50 or more one- or two-family dwelling units shall be provided with
               separate and approved fire apparatus access roads.
               
            </p>
            		
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               Fire apparatus access road gates shall comply with Section D103.5 of Appendix D of
               the International Fire Code, as amended.
               
            </p>
            		
            <p class="incr1">
               (3)
               
            </p>
            		
            <p class="content2">
               Where two access roads are required, they shall be placed a distance apart equal to
               not less than one half the length of the maximum overall diagonal dimension of the
               property or area to be served, measured in a straight line between accesses (reference
               International Fire Code Appendix D, Section D104.3).
               
            </p>
            		
            <p class="incr1">
               (4)
               
            </p>
            		
            <p class="content2">
               In cases where it is not feasible or practical for the subdivider to provide additional
               entrances or when the planning board determines that the installation of such would
               result in a less desirable subdivision design, the planning board may grant an exception
               to this requirement. In granting such an exception, the planning board shall find
               that the spirit and intent of this chapter are preserved and that circumstances particular
               to the subject property, such as topography or shape of the tract, warrant the exception.
               
            </p>
            		
            <p class="incr0">
               (k)
               
            </p>
            		
            <p class="content1">
               <span class="ital">Relation to thoroughfare and land development plans.</span>
               
            </p>
            		
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               Arrangement, character, extent, width, grade, and location of all streets shall conform
               to the officially adopted county thoroughfare plan, the adopted county comprehensive
               plan or elements thereof and any other adopted thoroughfare plan.
               
            </p>
            		
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               In addition, proposed streets and street design characteristics given above shall
               be considered in relation to existing and proposed transportation patterns; topographic
               and other natural features; public convenience and appropriate relation to proposed
               uses of land to be served by such streets; and existing or potential land uses in
               adjoining areas.
               
            </p>
            		
            <p class="historynote0">
               (Ord. of 9-15-1998, app. B, Â§ 808; Ord. of 3-30-2004; Ord. of 3-1-2006; Ord. of 1-15-2013)
               
            </p></div>