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Departments > Planning > Ordinances and Manuals > Subdivision Ordinance > SECTION 8: Required Work on the Ground

SECTION 8: Required Work on the Ground

SECTION 8.000: Required Work on the Ground

CONTENTS:
Section 8.100 - Standards and Specifications
Section 8.110 - Street Improvement Responsibility
Section 8.115 - Responsibility for State Roads
Section 8.120 - Drainage
Section 8.130 - Curb and Gutter
Section 8.140 - Sidewalk
Section 8.150 - Street Trees
Section 8.160 - Street Lights
Section 8.170 - Street Markers and Barricades
Section 8.200 - No Service Unless Street Accepted or Approved
Section 8.300 - Other Public Facilities
Section 8.400 - Modification of Requirements; Bond
Section 8.500 - Inspection

8.100 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 Engineering Department, or other designated engineer, in accordance with the standards and specifications of the Land Development Standards Manual or Article 5 of the Huntersville Zoning Ordinance, whichever applies. Minimum improvements not completed and approved must be bonded in accordance with the provisions of Section 8.400.3 prior to final plat approval.

2. The intent of the specifications set out in this sub-section 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 Engineering Department, 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.

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8.110 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. Any area of right-of-way which must be reserved for future acquisition may be dedicated at the option of the developer or property owner in return for the transfer of development rights, as provided for in section 7.100 of this ordinance. In addition, all streets built by the developer will be credited to the developer for the transfer of development rights.

Class I (Freeway-Expressway):

· New Class I or extension of existing Class I street:

· Right-of-way -  Entire width reserved by developer for future acquisition, provided the certification in Section 8.115 can be made

· Improvements - Installed by public

· Existing Class I street:

· No right-of-way or improvements required of developer

Class II (Limited Access Arterial):

· New Class II or extension of existing Class II street:

· Right-of-way -  Entire width reserved by developer for future acquisition, provided the certification in Section 8.115 can be made

· Improvements - Installed by public

· Existing Class II street:

· No right-of-way or improvements required of developer

Class III (Major Arterials):

· Right-of-way - For new Class III streets, the developer is responsible for the dedication of up to 100 feet of right-of-way (50 feet each side of the centerline). Along existing Class III 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.

· 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 and Town Engineering Department, 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 Class III streets or extensions of Class III streets must limit access points to public streets or specifically approved street type entrances.

Class III-C (Commercial Arterial):

· Right-of-way - For new Class III-C streets, the developer is responsible for the dedication of up to 100 feet of right-of-way (50 feet each side of the centerline) and reservation of the remaining required right-of-way. Along existing Class III-C 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.

· 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 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 responsible. The developer has the option, after consultation with the Town Manager and Town Engineering Department, 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 Class III-C streets or extensions of Class III-C streets must limit access points to public streets or specifically approved street type entrances.

Class IV (Minor Arterial):

· Right-of-way -  For new Class IV streets the developer is responsible for the dedication of up to 70 feet of right-of-way (35 feet each side of the centerline). 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.

· 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 and Town Engineering Department, 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 Class IV streets or extensions of Class IV streets must limit access points to public streets or specifically approved street type entrances.

Class V (Collector):

· Right-of-way - Dedicated by the developer.

· Improvement - Constructed by the developer.

Town Streets:

· Right-of-way - Dedicated by the developer.

· Improvements - Constructed by the developer.

All streets must be constructed to comply with the minimum standards shown in the Land Development Standards Manual or Article 5 of the Huntersville Zoning Ordinance, whichever applies, and all applicable town or state requirements. Public improvements will be made in accordance with adopted plans, programs, and budgets. It should 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.

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8.115 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 N.C.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 ordinance unless and until the town manager has determined and certified in writing (1) that the dedication or reservation does not result in the deprivation of a reasonable use of the original tract and (2) that 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 Ordinance. 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.

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8.120 DRAINAGE

1. Storm drainage adequate to accommodate a 10-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 the Town Engineering Department, 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 Town Engineering Department. For the purposes of this subsection, the subdivision shall include the streets, sidewalks, driveways, rooftops and other impervious surfaces proposed to be constructed upon completion of the subdivision.

3. Reserved.

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8.130 CURB AND GUTTER

Curb and gutter are required on all arterial and collector streets and on all town streets with the exception of alleys, lanes, and other 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, and on town streets that serve less urban purposes such as residential neighborhood streets.

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8.140 SIDEWALK

Five (5) foot wide sidewalks are required on both sides of new or existing collector streets, on both sides of town streets except lanes, alleys, and on the developed side of neighborhood parkways. Installation of sidewalks is the responsibility of the developer. However, to reduce impervious cover and promote LID, sidewalks on one side of the street may be waived by the town in the Rural Zoning District.

Sidewalks are required on both sides of new or existing arterial streets with installation by developer to meet the pedestrian access requirements of the development. Sidewalk construction may be waived by the Town Board when accessibility by pedestrians does not now exist and is not expected to exist in the future. Conservation Subdivisions are exempt from the requirement to construct or escrow funds for sidewalks or alternative pedestrian paths along existing arterials

Location. Approval of sidewalk construction plans must be obtained from the Town Engineering Department as part of the subdivision review process. Town Engineering 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 5 feet, but preferably 7-10 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 offset 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 such circumstances.

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8.150 STREET TREES

The developer shall install street trees along all streets within a development and along the abutting side of streets forming the perimeter of the development. Street trees shall be placed between the sidewalk, if present, and the back of curb or edge of pavement, when no curb and gutter is required. Large maturing trees should be planted 30' to 40’ on center; small maturing trees should be planted 20' to 30' on center. Street tree plantings conceived to produce a clear vertical edge to a street or plaza may require denser spacing. The planting plan shall adhere to Article 7 of the Huntersville Zoning Ordinance. In Conservation Subdivisions where existing, mature trees are to be preserved as a condition of the conservation easement, the requirement for street tree planting shall be waived. 

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8.160 STREET LIGHTS

Street lighting will be installed in each new subdivision pursuant to a street lighting plan which shall be submitted to the Town for approval. This shall be the responsibility of the developer. Street lights compatible in height and scale with the streetscape are strongly recommended. Further,

1. Street lights shall in all cases use fully shielded fixtures except that decorative street light fixtures shall be designed with caps so that light does not shine upward at more than a 135-degree angle measured above straight down (three-quarters of the way between straight down and straight to the top) from the pole or mounting wall.

2. Fixtures with minimal across-road and "house side" waste shall be used, especially in residential areas, taking into consideration the details of roadway geometry and width.

3. Low pressure sodium lights are strongly encouraged.

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8.170 STREET MARKERS 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 in the Land Development Standards Manual 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 Ordinance. Design, material and installation of the barricades must be in accordance with the Land development Standards Manual.

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8.200 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. such 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 ordinance; or

2. for any new street, such 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; or

3. such 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 of North Carolina; or

4. such street has been accepted as a public street by the State of North Carolina; or

5. such street is an approved private street built in conformance with the provisions of all applicable ordinances.

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8.300 OTHER PUBLIC FACILITIES

Reserved.

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8.400 MODIFICATION OF REQUIREMENTS; BOND

1. In subdivisions adjoining already established streets that have been accepted for maintenance by the North Carolina Department of Transportation, the requirements of Section 8.000 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 North Carolina Department of Transportation's street system, the adjoining street must be improved in accordance with either the requirements of Section 8.000 and the requirements of the Town of Huntersville or the North Carolina 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 North Carolina Department of Transportation or which have been accepted for maintenance by the North Carolina Department of Transportation, but have not been improved with a paved roadway, will be eligible for final approval when the requirements of Section 8.000 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 the Zoning Ordinance and Subdivision Ordinance (i.e. streets, alleys, improved open space, landscaping, drainage, etc.) 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 Engineer or their designee, 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 such 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 Engineering Department and the Town of Huntersville Planning Department. The engineering department and Huntersville Planning Department will arrange for an inspection of the improvements and if found satisfactory, will notify the town manager who will within 30 days of the date of such notification authorize in writing the release of the security given, subject to the warranty requirement below.

4. Maintenance Guarantee. All improvements required by this ordinance shall be guaranteed against defects in workmanship and materials by the subdivider for a period of not less than one (1) year, but not more than two (2) years 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 Town Engineer or their designee to be sufficient to assure proper maintenance and repair of such improvements for the warranty period of up to two years.

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8.500 INSPECTION

1. Town Engineering Department must be notified two days in advance of the work to be started so that an authorized representative of the Town Engineer or their designee 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. Such 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.



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