§ 66-4. Design standards and improvements.

(a)

General provisions. Any land area within the jurisdiction of this chapter which is determined by the planning board, in accordance with land use laws and regulations, to be unsuitable for residential or commercial occupancy shall be prohibited for subdivision development, or for other use that may jeopardize life, health or property. Land of this nature shall be used only for such uses that comply with official plans of the town. The planning board, in making its determination, shall be guided by an analysis of available data on topography, soils, floodplains, drainage, and groundwater and surface water.

(1)

Subdivision names. In no case shall the name for a proposed subdivision duplicate or be phonetically similar to existing subdivisions in the town.

(2)

Streets and roads; conformance to official map. In any new subdivision except private subdivisions, the street layout shall conform to the arrangement, width location indicated on any official plans or maps for the town. In areas for which the town has not completed such plans, the plans of the county should be utilized. In areas where no plans have been completed, the streets shall be designed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety and to the proposed use of land to be served by such streets. The proposed layout shall be made according to good land planning practice for the type of development proposed, and shall be coordinated with the street system of the town. All streets must provide for the continuation or appropriate projection of principal streets in surrounding areas and provide reasonable means of ingress and egress for surrounding acreage tracts, and:

a.

Minimum street right-of-way width shall be as shown in the thoroughfare plan for the town and not less than the following:

1.

Major streets and highways: 80 feet;

2.

Collector streets: 50 feet;

3.

Minor (residential or access) streets: 35 feet.

b.

Where curbs and gutters are provided, the paving widths from back of curb to back of curb shall be not less than the following:

1.

Major streets and highways: 35 feet;

2.

Collector streets: 28 feet;

3.

Minor (residential or access) streets: 20 feet.

c.

Where curbs and gutters are not provided, the paving widths shall not be less than the following:

1.

Major streets and highways: 32 feet;

2.

Collector streets: 24 feet;

3.

Minor (residential or access) streets: 18 feet.

d.

Unless necessitated by exceptional topography and subject to the approval of the planning board, the grades shall not be more than 12 percent nor less than one-half of one percent on any street.

1.

Grades approaching intersections shall not exceed five percent for a distance of not less than 100 feet from the centerlines of an intersection.

2.

Street grades shall be established wherever practicable in such manner as to avoid excessive grading, the promiscuous removal of ground cover and tree growth and general leveling of the topography.

3.

Within the road right-of-way, all shoulders shall be at road grade and the same up to the property line.

4.

All changes in street grades shall be connected by vertical curves of a minimum length equivalent in feet to 15 times the algebraic difference in the rates of grade for major and collector streets, and one-half this minimum for all other streets.

e.

When a continuous street centerline deflects at any point by more than ten degrees, a circular curve shall be introduced, having a radius of curvature on said centerline of not less than the following:

1.

Major streets: 300 feet;

2.

Collector streets: 200 feet;

3.

Minor (residential or access) streets: 75 feet.

f.

Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than 60 degrees in the interior angle.

1.

Street jogs with centerline offsets of less than 125 feet shall be avoided.

2.

Property lines at street intersections shall be rounded with a minimum radius of 25 feet or of a greater radius when required by the planning board.

g.

Permanent dead-end streets or culs-de-sac shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 70 feet, and a street property line diameter of at least 100 feet.

h.

Compaction of the soils under the street base, composition and installation of the street base, and the pavement type and thickness shall be in conformity with the most current edition of the state department of transportation, division of highways, subdivision roads minimum construction standards.

(3)

Alignment. The street pattern (except private streets) shall be such as to cause no hardship in the subdividing of properties adjacent to the subdivision. All streets shall provide for the continuation or appropriate projection of principal streets in surrounding areas and provide reasonable means of ingress for surrounding acreage tracts. Streets shall align as nearly as possible with existing adjacent streets or roads.

(4)

Private streets and roads.

a.

A private street is one serving only traffic in the subdivision and not a through street or thoroughfare and which is not accepted by any public body and is not to be maintained by any public agency. Private streets are not regulated on the same basis as public streets and roads. Private streets may be platted in any subdivision provided the subdivided property shall be served from publicly dedicated streets and roads. Ingress and egress or entry ways from a state road are subject to state highway department specifications. Private streets shall be designed to conform to good ecological design and planning, and to conform to the topography, reasonably protect trees and tree growth, protect existing sand and forest dunes and provide for the convenience and safety of residents.

b.

The following specifications shall apply; however, the planning board may recommend, and the board of commissioners may approve, variances in these specifications upon a showing that the variances will enhance environmental integrity and will not compromise the convenience or safety of residents:

1.

The minimum street right-of-way width shall be not less than 40 feet.

2.

Where curbs and gutters are provided, the paving widths from back of curb to back of curb shall be not less than 20 feet.

3.

Where curbs and gutters are not provided, the paving widths shall not be less than 18 feet.

4.

Unless necessitated by exceptional topography and subject to the approval of the planning board, the grades shall not be more than 12 percent nor less than 0.50 percent on any street.

i.

Grades approaching intersections shall not exceed five percent for a distance of not less than 100 feet from the centerlines of an intersection.

ii.

Street grades shall be established wherever practicable in such manner as to avoid excessive grading, the promiscuous removal of ground cover and tree growth and general leveling of the topography.

iii.

Within the road right-of-way, all shoulders shall be at road or curb grade up to the adjacent property lines except for driveways, drainage swales and ditches.

iv.

All changes in street grades shall be connected by vertical curves of a minimum length equivalent in feet to 7.5 times the algebraic difference in the rates of grade.

5.

When a continuous street centerline deflects at any point by more than ten degrees, a circular curve shall be introduced, having a radius of curvature on said centerline of not less than 75 feet

6.

Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than 60 degrees in the interior angle.

i.

Street jogs with centerline offsets of less than 125 feet shall be avoided.

ii.

Property lines at street intersections shall be rounded with a minimum radius of 25 feet or of a greater radius when required by the planning board.

7.

Permanent dead-end streets or cul-de-sacs shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 70 feet, and a street property line diameter of at least 100 feet.

8.

Compaction of the soils under the street base, composition and installation of the street base, and the pavement type and thickness shall be in conformity with the most current edition of the state department of transportation, division of highways, subdivision roads minimum construction standards.

9.

All private streets in subdivisions approved prior to the effective date of the ordinance from which this subsection (4) is derived shall be deemed conforming for all purposes when said streets were constructed in accordance with the specifications that pertained at that time.

10.

Maintenance. The maintenance of all private streets shall be the responsibility of the developers or property owners in the private subdivision.

(5)

Names. Proposed streets which are obviously in alignment with other existing and named streets shall bear the assigned names of the existing streets. In no case shall the name for a proposed street duplicate or be phonetically similar to existing street names in this or other subdivisions in the county.

(6)

Sidewalks.

a.

Construction of sidewalks shall be in accordance with the current Town of Pine Knoll Shores Pedestrian Master Plan. Implementation of this plan, or parts thereof, shall be upon approval of the board of commissioners and under the direction of the town manager with consultation of the pedestrian task force.

b.

Sidewalks shall be sited as follows:

1.

Along Route 58, sidewalks shall be sited at the extremity of the North Carolina right-of-way, topography and vegetation permitting

2.

Along town and private streets, sidewalks shall be sited a minimum of five feet from the edge of the street pavement. Sidewalks shall be either in the right-of-way or in an easement dedicated in perpetuity to the Town of Pine Knoll Shores.

3.

Sidewalks shall be located outside all drainage facilities.

4.

Sidewalks shall be designed to connect to any existing sidewalks adjacent to the property.

c.

Sidewalks shall be constructed according to the following specifications:

1.

Five feet wide by four inches thick, 3,000 psi reinforced concrete with brushed surface on a compacted base except where a sidewalk crosses a driveway where it must be six inches thick; or

2.

Five feet wide, walking width, boardwalk made of treated wood, synthetic wood approved for exterior use, or cementious material designed by a professional engineer. Boardwalks can only be used where site conditions preclude the use of concrete.

3.

Retaining walls of marine grade treated wood or masonry may be used if necessary. A six-inch curb shall be at the edge. Timber retaining walls must be at least four inches from the sidewalk.

4.

Sidewalks shall meet the requirements of ADA and the North Carolina Building Codes.

d.

Vegetation adjacent to the sidewalk that has been destroyed during construction shall be replaced by similar plantings.

e.

Benches may be placed adjacent to the sidewalk at sites recommended by the recreation advisory committee and approved by the building inspector.

f.

Plans for sidewalk construction shall be prepared under the direction of the town manager, reviewed by the pedestrian task force, and submitted to the board of commissioners for approval. Plans for sidewalks within the Route 58 state right-of-way must be approved by North Carolina Department of Transportation before construction can commence.

(b)

Requirements. Lot sizes, shapes and location shall be made with due regard to topographic conditions, contemplated use, and the surrounding area. Land determined by town, state or federal governments or other agencies to be uninhabitable shall not be platted for residential or commercial occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard, but such land may be set aside for such uses as will not be endangered by periodic or occasional inundation. Each lot shall front on a public or private street, double frontage lots shall be permitted only under unusual or exceptional circumstances, and side lot lines shall be substantially at right angles to street lines. Size of lots for residential use within the corporate limits of the town shall conform to all requirements of town, county, state and federal governments. Corner lots shall have width sufficient to permit building setbacks from the side streets equivalent to the building setbacks of the front streets. The design of all lots, structures, and utilities shall comply with the applicable AEC Standards as prescribed by the state guidelines for areas of environmental concern issued pursuant to the Coastal Area Management Act. No lot that has been established as a single-family residential building lot on a previously approved and recorded single-family residential subdivision plat may be further subdivided at a subsequent date.

(c)

Water. The developer of any subdivision located within the corporate limits of the town must connect to the public water supply systems before the final plat is approved.

(d)

Blocks. Blocks shall be laid out with special attention given to the type of land use proposed within the block. Blocks shall not exceed 1,400 feet in length nor shall they be less than 400 feet in length and have sufficient width to provide for two tiers of lots of appropriate depth except where otherwise required to separate residential development from through traffic. Pedestrian crosswalks not less than ten feet in width may be required near the center and entirely across any block 900 feet or more in length where deemed essential by the planning board to provide adequate access to schools, shopping centers, churches or transportation facilities.

(e)

Buffer strips. A buffer strip of at least 35 feet in depth, in addition to the normal lot depth required, shall be provided adjacent to all highways. This strip shall be shown on the subdivision plat, but shall have the following restriction noted on the face of the plat: "This strip shall be maintained in its original contour and natural state; construction of any type hereon is prohibited, and it cannot be used as a storage or parking area".

(f)

Easements. Utility easements should be agreed upon by the subdivider and the utility company; however, utility easements shall be a minimum of ten feet wide. Where a subdivision is traversed by a watercourse, drainage easement or stormwater right-of-way, conforming substantially with the lines of such watercourse at least ten feet wide on either side of the watercourse.

(g)

Monuments. Permanent monuments shall be installed and control corners designated in conformance with the letter and intent of G.S. 39-32.1 through G.S. 30-32.4 and other points established according to the provisions of the Manual of Practice for Land Surveyors of the North Carolina State Board for the Registration for Professional Engineers and Land Surveyors.

(Code 2001, § 20-4(a)—(g); Ord. of 5-6-1980, §§ 4.1—4.3, 4.3.1—4.3.3, 4.4—4.9; Ord. No. 1994-5, 11-10-1994; Ord. of 11-14-2006(2), §§ I, II; Ord. No. 2010-15, § III, 8-10-2010; Ord. No. 2010-16, 8-10-2010)