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Brevard City Zoning Code

CHAPTER 13

INFRASTRUCTURE IMPROVEMENT REQUIREMENTS

13.1. Purpose and intent.

It is hereby declared to be the policy of the City of Brevard that the development of land shall be guided and regulated in such a manner as to meet the following requirements for orderly and harmonious growth:

  1. A.
    Land to be developed shall be of such character that it can be used safely without danger to health, or peril from fire, flood, erosion, excessive noise, air and/or water pollution, or other menace. Proper provisions shall be made for drainage, water supply, sewerage, and other appropriate utility services.
  2. B.
    The proposed streets shall provide a safe, convenient and functional system for vehicular circulation and shall be properly related to the land use plan of the area. Streets shall be of such width, grade, and location as to accommodate prospective traffic, as determined by existing and probable future land uses. Streets shall be detailed to compliment neighborhoods and commercial centers and shall be pedestrian in scale.
  3. C.
    Developments shall be so arranged as to afford adequate light, view, and air, and to facilitate fire protection.
  4. D.
    Land shall be developed with due regard to topography so that the natural beauty of the land and vegetation shall be protected and enhanced.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

13.2. Required improvements for all development plans.

Pursuant to G.S. 160D-702, the following improvements are required for all development plans within the city limits of the City of Brevard and its Extraterritorial Jurisdiction. Specific requirements for the following public improvement types are set forth in subsequent sections.

TABLE 13.2A: REQUIRED PUBLIC IMPROVEMENTS
Public Improvement TypesBrevard City LimitsExtraterritorial Jurisdiction
Potable Water

City Water Required; Dedication to City Required

Private Water Required; City Water Optional with dedication to City required
Fire Suppression System

Hydrants Required; Dedication to City Required

Hydrants required if City Water Provided; Dry Hydrants may be required
Sanitary SewerCity Sewer Required; Dedication to City RequiredAdequate Septic Required; City Sewer Optional with dedication to City required.1
Public StreetsCity Streets Required; Dedication to City RequiredNCDOT Streets Required
Street Rights-of-WayRequired; Dedication to City RequiredRequired; Dedication to NCDOT Required
Utility and Access EasementsRequired; Dedication to City RequiredRequired; Dedication to City Required
SidewalksRequired; Dedication to City RequiredOptional2
Multi-Use Paths/Other Pedestrian FacilitiesRequired when identified upon adopted transportation plans, recreation plans, and similar plans and policies of the City of Brevard or Transylvania County; Dedication to City may be RequiredRequired when identified upon adopted transportation plans, recreation plans, and similar plans and policies of the City of Brevard or Transylvania County; Dedication to City may be Required
Pedestrian Easements or Right-of-WayDedication to City RequiredRequired Along Streets; Dedication to NCDOT Required
Curb and GutterRequired; Dedication to City RequiredAs required by NCDOT
Street lightsRequired; Dedication to City RequiredOptional
Underground WiringRequiredOptional
Dedicated Open SpaceRequired as per CHAPTER 7 of this ordinance; Dedication to City may be RequiredRequired as per CHAPTER 7 of this ordinance
Street Trees and LandscapingRequired; Dedication to City may be RequiredRequired

1Annexation is required in order to provide sanitary sewer to properties lying outside the corporate limits of the City of Brevard, except in certain circumstances outlined in Brevard City Code Section 2-292.

2 In accordance with NCGS §160D-804(c), sidewalks are not required in the extraterritorial jurisdiction.

TABLE 13.2A: REQUIRED PUBLIC IMPROVEMENTS
Public Improvement TypesBrevard City LimitsExtraterritorial Jurisdiction
Potable Water

City Water Required; Dedication to City Required

Private Water Required; City Water Optional with dedication to City required
Fire Suppression System

Hydrants Required; Dedication to City Required

Hydrants required if City Water Provided; Dry Hydrants may be required
Sanitary SewerCity Sewer Required; Dedication to City RequiredAdequate Septic Required; City Sewer Optional with dedication to City required.1
Public StreetsCity Streets Required; Dedication to City RequiredNCDOT Streets Required
Street Rights-of-WayRequired; Dedication to City RequiredRequired; Dedication to NCDOT Required
Utility and Access EasementsRequired; Dedication to City RequiredRequired; Dedication to City Required
SidewalksRequired; Dedication to City RequiredOptional2
Multi-Use Paths/Other Pedestrian FacilitiesRequired when identified upon adopted transportation plans, recreation plans, and similar plans and policies of the City of Brevard or Transylvania County; Dedication to City may be RequiredRequired when identified upon adopted transportation plans, recreation plans, and similar plans and policies of the City of Brevard or Transylvania County; Dedication to City may be Required
Pedestrian Easements or Right-of-WayDedication to City RequiredRequired Along Streets; Dedication to NCDOT Required
Curb and GutterRequired; Dedication to City RequiredAs required by NCDOT
Street lightsRequired; Dedication to City RequiredOptional
Underground WiringRequiredOptional
Dedicated Open SpaceRequired as per CHAPTER 7 of this ordinance; Dedication to City may be RequiredRequired as per CHAPTER 7 of this ordinance
Street Trees and LandscapingRequired; Dedication to City may be RequiredRequired

1Annexation is required in order to provide sanitary sewer to properties lying outside the corporate limits of the City of Brevard, except in certain circumstances outlined in Brevard City Code Section 2-292.

2 In accordance with NCGS §160D-804(c), sidewalks are not required in the extraterritorial jurisdiction.

TABLE 13.2A: REQUIRED PUBLIC IMPROVEMENTS
Public Improvement TypesBrevard City LimitsExtraterritorial Jurisdiction
Potable Water

City Water Required; Dedication to City Required

Private Water Required; City Water Optional with dedication to City required
Fire Suppression System

Hydrants Required; Dedication to City Required

Hydrants required if City Water Provided; Dry Hydrants may be required
Sanitary SewerCity Sewer Required; Dedication to City RequiredAdequate Septic Required; City Sewer Optional with dedication to City required.1
Public StreetsCity Streets Required; Dedication to City RequiredNCDOT Streets Required
Street Rights-of-WayRequired; Dedication to City RequiredRequired; Dedication to NCDOT Required
Utility and Access EasementsRequired; Dedication to City RequiredRequired; Dedication to City Required
SidewalksRequired; Dedication to City RequiredOptional2
Multi-Use Paths/Other Pedestrian FacilitiesRequired when identified upon adopted transportation plans, recreation plans, and similar plans and policies of the City of Brevard or Transylvania County; Dedication to City may be RequiredRequired when identified upon adopted transportation plans, recreation plans, and similar plans and policies of the City of Brevard or Transylvania County; Dedication to City may be Required
Pedestrian Easements or Right-of-WayDedication to City RequiredRequired Along Streets; Dedication to NCDOT Required
Curb and GutterRequired; Dedication to City RequiredAs required by NCDOT
Street lightsRequired; Dedication to City RequiredOptional
Underground WiringRequiredOptional
Dedicated Open SpaceRequired as per CHAPTER 7 of this ordinance; Dedication to City may be RequiredRequired as per CHAPTER 7 of this ordinance
Street Trees and LandscapingRequired; Dedication to City may be RequiredRequired

1Annexation is required in order to provide sanitary sewer to properties lying outside the corporate limits of the City of Brevard, except in certain circumstances outlined in Brevard City Code Section 2-292.

2 In accordance with NCGS §160D-804(c), sidewalks are not required in the extraterritorial jurisdiction.

TABLE 13.2A: REQUIRED PUBLIC IMPROVEMENTS
Public Improvement TypesBrevard City LimitsExtraterritorial Jurisdiction
Potable Water

City Water Required; Dedication to City Required

Private Water Required; City Water Optional with dedication to City required
Fire Suppression System

Hydrants Required; Dedication to City Required

Hydrants required if City Water Provided; Dry Hydrants may be required
Sanitary SewerCity Sewer Required; Dedication to City RequiredAdequate Septic Required; City Sewer Optional with dedication to City required.1
Public StreetsCity Streets Required; Dedication to City RequiredNCDOT Streets Required
Street Rights-of-WayRequired; Dedication to City RequiredRequired; Dedication to NCDOT Required
Utility and Access EasementsRequired; Dedication to City RequiredRequired; Dedication to City Required
SidewalksRequired; Dedication to City RequiredOptional2
Multi-Use Paths/Other Pedestrian FacilitiesRequired when identified upon adopted transportation plans, recreation plans, and similar plans and policies of the City of Brevard or Transylvania County; Dedication to City may be RequiredRequired when identified upon adopted transportation plans, recreation plans, and similar plans and policies of the City of Brevard or Transylvania County; Dedication to City may be Required
Pedestrian Easements or Right-of-WayDedication to City RequiredRequired Along Streets; Dedication to NCDOT Required
Curb and GutterRequired; Dedication to City RequiredAs required by NCDOT
Street lightsRequired; Dedication to City RequiredOptional
Underground WiringRequiredOptional
Dedicated Open SpaceRequired as per CHAPTER 7 of this ordinance; Dedication to City may be RequiredRequired as per CHAPTER 7 of this ordinance
Street Trees and LandscapingRequired; Dedication to City may be RequiredRequired

1Annexation is required in order to provide sanitary sewer to properties lying outside the corporate limits of the City of Brevard, except in certain circumstances outlined in Brevard City Code Section 2-292.

2 In accordance with NCGS §160D-804(c), sidewalks are not required in the extraterritorial jurisdiction.

(Ord. No. 8-07, § 1(I), 5-21-07; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2024-46, § 1(Exh. A), 12-2-24)

Cross reference(s)—Area of extraterritorial jurisdiction, APPENDIX D.

Effective on: 12/2/2024

13.3. General provisions.

  • A.
    Approving authority: The administrator shall be the approving authority for all public infrastructure proposed within any new or existing development. The city manager shall have the authority to accept or reject all dedications of public infrastructure consistent with city standards and approved development plans. The administrator shall have the authority to impose such conditions and make such allowances as are necessary in order ensure the adequate provision of public services and to ensure the sound installation and maintenance of public infrastructure.
  • B.
    Conformity to existing maps or plans: The master plan and development plan for any other development shall conform to any applicable adopted plans of the City of Brevard, including but not limited to the Comprehensive Transportation Plan, the Comprehensive Pedestrian Plan, the adopted Comprehensive Land Use Plan, the Downtown Master Plan, any adopted recreation plan, corridor plan, master plan or small area plan, and any adopted transportation plans or policies of Transylvania County that are not in conflict with adopted plans or policies of the city.
  • C.
    Continuation of adjoining street system: The proposed street layout shall be coordinated with the existing street system of the surrounding area and shall conform to the requirements of CHAPTER 9 of this ordinance. Where possible, proposed streets shall be the extension of existing streets.

    Whenever connections to existing or proposed streets on adjoining property are required, the street right-of-way shall be extended and the street developed to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single tract) at the point where the connection to the existing or proposed street is expected.

    In addition, the administrator may require temporary turnarounds to be constructed at the end of such streets pending their extension. The administrator may require extension or connection where necessary to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other sufficient reasons.

  • (Ord. No. 2014-25, § 04(Exh. D), 12-15-14; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

    Effective on: 6/3/2024

    13.4. General infrastructure design requirements.

  • A.
    Connection to city sewer system required.
    1. 1.
      All developed property within the city limits and located within 300 feet of a city sewer line shall be connected therewith, and the property owner shall be charged the prescribed tap fee and system development fee for all such connections. Such connection shall be made in accordance with the provisions of this article within 90 days after the date of official notice to connect.
    2. 2.
      Improved property served by wells and annexed by the city shall be connected to the city sewer systems within five years of the effective date of annexation; provided, however, that no connection to the sewer system shall be permitted without also connecting to the city's water system.
    3. 3.
      New development within the city limits shall, in all cases, connect to a city sewer line. Sewer line improvements required for new development are the sole responsibility of the developer. The installation of improvements beyond the development boundary which are required for service to the development will be provided by the developer.
    4. 4.
      City sewer is not required but may be permitted for new development within the city's extraterritorial jurisdiction. The owner of any property within the city's extraterritorial jurisdiction who requests connection to the city sewer system shall request voluntary annexation into the City of Brevard. Proposed development that will not connect to the city sewer system must contain adequate area for the installation of approved septic tank and disposal fields and must be approved in writing by the county health officer.
    5. 5.
      Except as provided in this article, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
  • B.
    Connection to city water system required.
    1. 1.
      All developed property within the city limits shall be connected therewith and the property owner shall be charged the prescribed tap fee and system development fee for all such connections.
    2. 2.
      Improved property served by wells and annexed by the city shall be connected to the city water system, if within 300 feet, within five years of the effective date of annexation.
    3. 3.
      New development within the city limits shall, in all cases, connect to a city water line. Water line improvements required for new development are the sole responsibility of the developer. The installation of improvements beyond the development boundary which are required for service to the development will be provided by the developer.
    4. 4.
      City water is not required but may be permitted for new development within the city's extraterritorial jurisdiction. Proposed development that will not connect to the city sewer system must contain adequate area for the installation of approved wells and must be approved in writing by the county health officer.
    5. 5.
      Any development served by the city water system shall install fire hydrants in accordance with city standards. Fire hydrant spacing and placement shall be determined by the public works director in consultation with the fire marshall. For any development within the city's ETJ without a fire suppression rated water system, that either has or is adjacent to an adequate permanent surface water supply, the applicant may be required to install a dry fire hydrant system, the type and the location of which is to be determined by the fire marshal. A road and easement to the water source providing permanent all-weather access to the water source that is adequate for fire-fighting equipment shall be constructed and dedicated to the city, if applicable.
  • C.
    Sewer and water connections and infrastructure.
    1. 1.
      Sewer and water connections and infrastructure shall occur in accordance with CHAPTER 70 of Brevard City Code and the City of Brevard Standard Design and Specifications Manual for Public Improvements, and any necessary conditions of the public works director.
  • D.
    Utility easements.
    1. 1.
      Sewer, water, storm water, and other utility easements shall be required within all new development (including developments within the ETJ for which no public sewer or water is proposed), and may be required within existing developments undergoing improvements at the discretion of the administrator.
    2. 2.
      The precise location and width of easements shall be determined by the administrator. However, unless otherwise specified, underground utilities should be located in alleys and lanes. If no alley or lane is provided, then a five-foot (minimum) utility easement shall be provided behind the sidewalk located within either the right-of-way or a public utility easement. Utility easements centered on rear or side lot lines shall be provided where deemed necessary by the approving authority and shall be at least 30 feet in width.
    3. 3.
      Where a development is traversed by a water course, drainage way, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction, or both, as may be adequate for the purpose of drainage.
    4. 4.
      Lakes, ponds, creeks, and similar areas within a development will not be accepted for maintenance by the city except as provided for in CHAPTER 6.
    5. 5.
      Easements shall be accurately depicted upon all plats and plans, and dedicated to the city by means of a plat of dedication in accordance with procedures established by Section 4.9.
    6. 6.
      No structure shall be placed upon any easement. Fences and other impermanent obstructions may be permitted by the administrator in consultation with the public works director.
  • E.
    Sewer and water. Sewer and water shall be installed by the developer and dedicated to the city prior to the approval of any final subdivision plat or development plan unless a performance guarantee is provided to the administrator in accordance with city Code, this ordinance, and procedures established by the administrator. Sewer and water infrastructure shall be installed by the developer and dedicated to the city prior to the issuance of any Certificates of Occupancy for any building within that phase or along that line, as applicable to the particular development.
  • F.
    Underground wiring. New or upgraded lateral connections of wired utilities (e.g. power, phone, cable, internet, etc.) shall be underground beginning where leaving the ROW, an existing easement, or existing pole located outside a ROW or easement.
  • (Ord. No. 2014-25, § 04(Exh. D), 12-15-14; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2022-25, § 1(Exh. A), 5-16-22; Ord. No. 2023-15, § 1(Exh. A), 4-17-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-31, § 1(Exh. A), 8-19-24)

    Effective on: 8/19/2024

    13.5. Street design.

  • A.
    Streets required:
    1. 1.
      New development and substantial improvements to existing development with frontages on existing public streets shall be required to upgrade all their frontages to meet the standards of this chapter.
    2. 2.
      New development without frontages upon a public street shall, in all cases, extend and connect to a public street. Public street extensions and improvements required for new development, including those beyond the development boundary, are the sole responsibility of the developer. Such improvements must be provided in accordance with the requirements of the CHAPTER 62 of Brevard City Code and this ordinance. This section shall apply to all subdivisions, the development of which is subject to the control of the city, both inside and outside the city limits.
    3. 3.
      Streets shall be installed by the developer and dedicated to the city prior to the approval of any final subdivision plat or development plan unless a performance guarantee is provided to the administrator in accordance with City Code, this ordinance, and procedures established by the administrator. Streets shall be installed by the developer and dedicated to the city prior to the issuance of any certificates of occupancy for any building within that phase or on that street, as applicable to the particular development.
    4. 4.
      City streets shall be built to the minimum specifications of this chapter and CHAPTER 62 of Brevard City Code, and shall comply with all standards and specifications of the public works director. New streets in the ETJ shall meet all standards and requirements of the North Carolina Department of Transportation.
  • B.
    Streets to connect: Streets shall interconnect within a development and with adjoining development in accordance with CHAPTER 9 and CHAPTER 10 of this ordinance. Culs-de-sac are permitted only where topographic conditions and/or exterior lot line configurations offer no practical alternatives for connection or through traffic. Street stubs shall be provided with development adjacent to open land to provide for future connections at the discretion of the administrator. Streets shall be planned with due regard to the designated corridors shown on adopted plans and policies of the city or Transylvania County.
  • C.
    Pedestrian and bicycle infrastructure: Pedestrian and bicycle infrastructure shall be required as set forth within this chapter and conformance with adopted plans and policies of the city or Transylvania County.
  • D.
    Topographic considerations: Wherever possible, street locations should account for difficult topographical conditions, paralleling excessive contours to avoid excessive cuts and fills and the destruction of significant trees and vegetation outside of street-rights-of way on adjacent lands.
  • E.
    Infrastructure in steep slope areas: Infrastructure shall be installed in steep slope areas in accordance with the provisions of this chapter and any other applicable provisions in CHAPTER 6
  • F.
    On-street parking:
    1. 1.
      On-street parking may be required by the administrator.
    2. 2.
      When required, all on-street parking provided shall be parallel. Curb or angle parking is permitted upon approval of the administrator when the fronting buildings are more than 22 feet in height to provide spatial definition and when the posted speed limit is less than 25 mph.
    3. 3.
      When required, minimum right-of-way widths shall be modified to account for on street parking.
  • G.
    Traffic calming devices: The use of approved traffic calming measures is encouraged as alternatives to conventional traffic control measures on Neighborhood Streets and within circulation areas of commercial and mixed-use developments.
  • H.
    Flood elevations: No street in an area subject to flooding shall be approved if it is more than one foot below the elevation of the 100-year flood. The administrator may require, where necessary, profiles and elevations of streets for areas subject to flooding. Fill may be used for streets in accordance with CHAPTER 34 of Brevard City Code. Drainage openings shall be so designed as to not restrict the flow of water and unduly increase flood heights.
  • I.
    Storm drainage: Stormwater shall not be discharged into any stream and shall be retained and treated accordance with CHAPTER 6 of this ordinance, except that streets and related retention/treatment infrastructure shall be designed to accommodate a 25-year, 24-hour storm drainage standard.
  • J.
    Street names: Streets shall be named and property addressing assigned in accordance with Brevard City Code, Chapter 62, Streets, Sidewalks and Other Public Ways, Article VII, Property Addressing and Road Naming. The administrator shall require evidence that road names and property addresses have been approved and assigned by the Transylvania County Property Addressing Coordinator prior to approving any development.
  • K.
    Blocks:
    1. 1.
      The lengths, widths, and shapes of blocks shall be determined with due regard to:
      1. a.
        The provision of adequate building sites suitable to the special needs of the type of use contemplated, and adequate public open spaces accessible and visible to residents.
      2. b.
        District requirements and design criteria.
      3. c.
        Needs of non-vehicular and vehicular traffic circulation and traffic control and safety.
      4. d.
        Opportunities and constraints of topography, with convenient access to important physical and topographical features such as lakes and rivers, significant areas of trees and other natural features, and areas of high ground offering scenic views.
    2. 2.
      Blocks shall not be less than 200 feet nor more than 660 feet (⅛-mile), as measured from edge of right-of-way, unless site and topography or other special circumstances are present as determined by the administrator. Where deemed necessary by the administrator, a pedestrian crosswalk of at least ten feet in width may be required.
    3. 3.
      Blocks shall have sufficient width to allow two tiers of lots of minimum depth except where single tier lots are required to separate residential development from another type of use, or when abutting a perennial stream or lake.
  • L.
    Landscaping:
    1. 1.
      Streets shall be landscaped with street trees. Commercial streets shall have trees which compliment the face of the buildings and which shade the sidewalk. Residential streets shall provide for an appropriate canopy, which shades both the street and sidewalk, and serves as a visual buffer between the street and the home.
    2. 2.
      All street trees shall be installed in accordance with CHAPTER 8 of this ordinance. Large canopy trees shall be planted in a planting strip at a minimum average distance of 40 feet on-center.
    3. 3.
      The minimum width of all planting strips shall be six feet. For large canopy trees such as Willow Oaks and Red Maples, a minimum of eight foot planting strip is suggested. Refer to CHAPTER 8 of this ordinance for additional information on landscaping.
  • M.
    Street markers and traffic control signs: Street markers and traffic control signs shall be required and posted in accordance with city standards and the Manual of Uniform Traffic Control Devices. Such infrastructure shall be installed by the developer prior to the issuance of any Certificates of Occupancy for any building on that street.
  • N.
    Pedestrian and bicycle infrastructure: Sidewalks, multi-use paths, or other pedestrian/bicycle infrastructure shall be constructed in accordance with the following requirements:
    1. 1.
      In determining the type of pedestrian/bicycle infrastructure that shall be required the Administrator shall refer to any adopted plan or policy of the city for guidance. Such plans or policies include but are not limited to: City of Brevard Comprehensive Transportation Plan, City of Brevard Comprehensive Pedestrian Plan, City of Brevard Street Schedule, City of Brevard Comprehensive Land Use Plan, City of Brevard Recreation Plan, other master plans and small area plans, and other plans and policies.
    2. 2.
      Sidewalks, multi-use paths, and other pedestrian and bicycle improvements shall be installed by the developer and dedicated to the city prior to the approval of any final subdivision plat, or issuance of final zoning approval or certificate of occupancy for any development plan. Pedestrian and/or bicycle infrastructure shall be constructed within the street right-of-way. The approving authority shall require the dedication of additional street right-of-way or a pedestrian easement when sufficient right-of-way does not exist to comply with this requirement. The approving authority may accept the dedication of additional right-of-way or a pedestrian easement in order to accommodate alternative routes and designs that do not follow streets.
    3. 3.
      Streets shall be bordered by pedestrian/bicycle infrastructure on both sides. Exceptions to this requirement and modifications to the design of pedestrian/bicycle infrastructure may be granted by the TRC for developments in steep slope areas and where warranted by environmental or topographic conditions, or where this requirement would serve no useful purpose.
    4. 4.
      Without exception, pedestrian/bicycle infrastructure shall be required along all new public and private streets within new subdivisions or developments, and within new phases of existing subdivisions and any other form of development.
    5. 5.
      Without exception, pedestrian/bicycle infrastructure shall be required along existing streets within or abutting new subdivisions and any other form of development (except subdivisions in GR districts establishing less than eight dwelling units); or along existing streets within or abutting any form of existing development undergoing substantial improvement (except single-family and duplex residential structures in GR districts).
    6. 6.
      Pedestrian/bicycle infrastructure shall be required along the same side of the street upon which the development fronts, except that when a development project is located on both sides of the same street the approving authority may require that infrastructure be installed on both sides of the street.
    7. 7.
      When site characteristics and/or traffic patterns are such that the construction of pedestrian/bicycle infrastructure in accordance with this section would be a hardship and would not result in useful pedestrian walkways, the administrator, upon recommendation from the TRC may allow the applicant to pay the designated cost of constructing such infrastructure into the city sidewalk fund in lieu of requiring construction of the infrastructure. In determining whether to accept a fee in lieu of construction of infrastructure, the administrator shall refer to any adopted plan or policy of the City for guidance. Such plans or policies include but are not limited to: City of Brevard Comprehensive Transportation Plan, City of Brevard Comprehensive Pedestrian Plan, City of Brevard Street Schedule, City of Brevard Comprehensive Land Use Plan, City of Brevard Recreation Plan, other master plans and small area plans, and other plans and policies.
    8. 8.
      The administrator may accept a performance guarantee for the construction of sidewalks on behalf of the city in situations where no other public infrastructure is proposed in accordance with CHAPTER 16 of this ordinance.
    9. 9.
      Multi-use paths and other infrastructure:
      1. a.
        Multi-use paths, and other pedestrian and bicycle infrastructure shall be provided instead of or in addition to sidewalks wherever called for on an adopted plan or policy of the city. Such plans or policies include but are not limited to: City of Brevard Comprehensive Transportation Plan, City of Brevard Comprehensive Pedestrian Plan, City of Brevard Street Schedule, City of Brevard Comprehensive Land Use Plan, City of Brevard Recreation Plan, other master plans and small area plans, and other plans and policies.
      2. b.
        When a multi-use path is required in an area not adjacent to a public or private street, then such facility shall be credited towards the satisfaction of the open space requirements as set forth in CHAPTER 7 of this ordinance.
      3. c.
        All required multi-use paths shall be dedicated to the City of Brevard by means of right-of-way or pedestrian easement.
      4. d.
        On-street bicycle lanes shall be required when called for upon an adopted plan or policy of the city.
    10. 10.
      Pedestrian and bicycle improvements shall be as follows:
  • TABLE 13.5A: PEDESTRIAN AND BICYCLE IMPROVEMENT WIDTHS
    Zoning DistrictFacility Width
    City StreetsNCDOT Streets*
    GR5 feet5 feet
    RMX, NMX, PGX, CMX, DMX, GI, IC5 feet8 feet
    Public StreetsCity Streets Required; Dedication to City RequiredNCDOT Streets Required
    Street Rights-of-WayRequired; Dedication to City RequiredRequired; Dedication to NCDOT Required
    Multi-Use Path (where required)10 feet10 feet
    On-Street Bike Lane (where required)5 feet5 feet
    *Sidewalks are not required along alleys and commercial service streets except when required as a condition of a Conditional Zoning District, Group Development, or special use permit.
    TABLE 13.5A: PEDESTRIAN AND BICYCLE IMPROVEMENT WIDTHS
    Zoning DistrictFacility Width
    City StreetsNCDOT Streets*
    GR5 feet5 feet
    RMX, NMX, PGX, CMX, DMX, GI, IC5 feet8 feet
    Public StreetsCity Streets Required; Dedication to City RequiredNCDOT Streets Required
    Street Rights-of-WayRequired; Dedication to City RequiredRequired; Dedication to NCDOT Required
    Multi-Use Path (where required)10 feet10 feet
    On-Street Bike Lane (where required)5 feet5 feet
    *Sidewalks are not required along alleys and commercial service streets except when required as a condition of a Conditional Zoning District, Group Development, or special use permit.
    TABLE 13.5A: PEDESTRIAN AND BICYCLE IMPROVEMENT WIDTHS
    Zoning DistrictFacility Width
    City StreetsNCDOT Streets*
    GR5 feet5 feet
    RMX, NMX, PGX, CMX, DMX, GI, IC5 feet8 feet
    Public StreetsCity Streets Required; Dedication to City RequiredNCDOT Streets Required
    Street Rights-of-WayRequired; Dedication to City RequiredRequired; Dedication to NCDOT Required
    Multi-Use Path (where required)10 feet10 feet
    On-Street Bike Lane (where required)5 feet5 feet
    *Sidewalks are not required along alleys and commercial service streets except when required as a condition of a Conditional Zoning District, Group Development, or special use permit.
    TABLE 13.5A: PEDESTRIAN AND BICYCLE IMPROVEMENT WIDTHS
    Zoning DistrictFacility Width
    City StreetsNCDOT Streets*
    GR5 feet5 feet
    RMX, NMX, PGX, CMX, DMX, GI, IC5 feet8 feet
    Public StreetsCity Streets Required; Dedication to City RequiredNCDOT Streets Required
    Street Rights-of-WayRequired; Dedication to City RequiredRequired; Dedication to NCDOT Required
    Multi-Use Path (where required)10 feet10 feet
    On-Street Bike Lane (where required)5 feet5 feet
    *Sidewalks are not required along alleys and commercial service streets except when required as a condition of a Conditional Zoning District, Group Development, or special use permit.
    1.  
      1. 11.
        All pedestrian/bicycle infrastructure shall comply with the minimum requirements for handicapped accessibility in compliance with the North Carolina Accessibility Code or other federal, state, or local regulations. During the construction of pedestrian/bicycle infrastructure, whether new or replacement, handicapped ramps shall be placed in the sidewalk where it intersects with streets and other pedestrian and vehicular travel ways.
      2. 12.
        All sidewalks shall be made of 4,000 PSI concrete with a minimum depth of four inches, except that street and driveway crossings shall be a minimum of six inches in depth. Bike lanes and multi-use paths shall be made of asphalt, designed according to the North Carolina Bicycle Planning and Design Guidelines published by the NCDOT and shall include all appropriate signage and pavement markings. Alternative materials and designs may be approved by the TRC in consultation with the public works director.
    1. O.
      Culs-de-sac and closes. Where practical, a close (see graphic, below) shall be used in place of a cul-de-sac. Culs-de-sac and closes shall be designed to facilitate the turning radius of emergency vehicles.
    FIGURE 13.5A: ILLISTRATION OF CLOSE
    Close
    FIGURE 13.5A: ILLISTRATION OF CLOSE
    Close
    FIGURE 13.5A: ILLISTRATION OF CLOSE
    Close
    FIGURE 13.5A: ILLISTRATION OF CLOSE
    Close
    FIGURE 13.5B: ILLISTRATION OF CUL-DE-SAC WITH CURB AND GUTTER SECTION
    Cul-de-sac with Curb and Gutter Section
    FIGURE 13.5B: ILLISTRATION OF CUL-DE-SAC WITH CURB AND GUTTER SECTION
    Cul-de-sac with Curb and Gutter Section
    FIGURE 13.5B: ILLISTRATION OF CUL-DE-SAC WITH CURB AND GUTTER SECTION
    Cul-de-sac with Curb and Gutter Section
    FIGURE 13.5B: ILLISTRATION OF CUL-DE-SAC WITH CURB AND GUTTER SECTION
    Cul-de-sac with Curb and Gutter Section
    1. P.
      Intersections:
      1. 1.
        All streets shall intersect at right angles as nearly as possible and no street shall intersect at less than 60 degrees.
      2. 2.
        Where practical, intersections should be aligned to create four-way intersections.
      3. 3.
        Off-set intersections for local streets and neighborhood collectors should be at least 125 feet apart measured from centerline to centerline. A larger spacing in accordance with American Association of State Highway and Transportation Officials (AASHTO) standards may be required for all other streets.
      4. 4.
        Property lines at street intersections shall be rounded with a minimum radius of 20 feet. At an angle of intersection of less than 90 degrees, a greater radius may be required.
      5. 5.
        Proper sight lines shall be maintained at all intersections of streets to permit adequate sight distance. Where the posted speed limit is less than 20 mph, the intersection sight distance may be reduced to 105 feet.
      6. 6.
        Bulb-outs are discouraged on narrow streets (less than 30 feet face-of-curb to face-of-curb) but encouraged on wider streets.
      7. 7.
        Property lines at street intersections shall be rounded with a minimum radius of 20 feet. Where a street intersects a state highway, the design standards of the state department of transportation shall apply.
    2. Q.
      Curb radii: Curb radii shall be designed to reduce pedestrian crossing times along all streets requiring sidewalks. In general, curb radii should not exceed 20 feet except along NCDOT-maintained roads.
    3. R.
      Curbs and drainage for city streets: The following requirements shall apply to streets within the city. Streets within the ETJ shall meet all applicable requirements of the North Carolina Department of Transportation.
    FIGURE 13.5C: STANDARD VERTICAL FACE CURB AND GUTTER
    Standard Vertical Face Curb and Gutter
    FIGURE 13.5C: STANDARD VERTICAL FACE CURB AND GUTTER
    Standard Vertical Face Curb and Gutter
    FIGURE 13.5C: STANDARD VERTICAL FACE CURB AND GUTTER
    Standard Vertical Face Curb and Gutter
    FIGURE 13.5C: STANDARD VERTICAL FACE CURB AND GUTTER
    Standard Vertical Face Curb and Gutter
    1.  
      1. 1.
        Curb and gutter shall be required on all new residential and commercial streets constructed within the city.
      2. 2.
        Standard vertical face curb and gutter within the city shall be two-foot, six-inch concrete with a height of six inches (see graphic, above). All curbing shall be properly backfilled.
        1. a.
          Exceptions to this requirement may be made by the administrator subject to circumstances in the area under study. Such circumstances shall relate to the topography of the area, future maintainability of the streets, or other factors deemed relevant by the administrator.
        2. b.
          This shall not limit, or prohibit the use of, curb and gutter design standards adopted by the North Carolina Department of Transportation for subdivision roads adjacent to, and serving dwellings subject to North Carolina Residential Code.
      3. 3.
        Vertical face curbing is required along all streets with on-street parking and around all required landscaping areas and parking lots.
      4. 4.
        All drainage gates must be safe for bicyclists. Bicycle-safe drainage grates are types E, F, and G as approved by the NCDOT.
      5. 5.
        City street culvert dimensions shall be subject to the requirements of the public works director.
      6. 6.
        The right-of-way shall extend from a point five feet outward from the top of the bank of any cut slope to the toe of any fill slope. Maximum slope of any cut slope shall be at a ratio of no greater than 1.5 feet of horizontal run to one foot of vertical rise (1.5:1 slope), and the maximum slope of any fill slope shall be at a ratio of no greater than two feet of horizontal run to one foot of vertical rise (2:1 slope).
    FIGURE 13.5D: RIGHT-OF-WAY MAXIMUM SLOPE CROSS SECTION
    Right-of-Way Diagram
    FIGURE 13.5D: RIGHT-OF-WAY MAXIMUM SLOPE CROSS SECTION
    Right-of-Way Diagram
    FIGURE 13.5D: RIGHT-OF-WAY MAXIMUM SLOPE CROSS SECTION
    Right-of-Way Diagram
    FIGURE 13.5D: RIGHT-OF-WAY MAXIMUM SLOPE CROSS SECTION
    Right-of-Way Diagram
    1. S.
      Centerline radius: A 90-foot minimum centerline radius shall be used for local streets, parkside drives, and minor streets between reverse curves though they may be reduced to 45 feet for design speeds less than 20 mph. All other streets shall be in accordance with AASHTO standards.
    2. T.
      Street lights: Street lights shall be installed by the developer on all streets in accordance with CHAPTER 12 of this ordinance.
    3. U.
      Posted speed limits: All streets shall be posted in accordance with the Manual of Uniform Traffic Control Devices and the City of Brevard Traffic Schedule.
    4. V.
      Street grades: The maximum permissible street grade shall be 18 percent.
    5. W.
      Design standards: Design standards not specifically addressed in this ordinance must comply with the minimum design and construction criteria of the N.C. Department of Transportation.
    6. X.
      Minimum right-of-way: The administrator shall determine right-of-way widths based upon the characteristics of the proposed development. However, unless otherwise specified, the minimum right-of-way for all new streets within the city shall be 50 feet, and shall satisfy minimum requirements of the North Carolina Department of Transportation in the ETJ.

    (Ord. No. 8-07, § 1(J), 5-21-07; Ord. No. 15-08, § 33, 12-5-08; Ord. No. 20-09, § 4(Exh. B(5)), 9-21-09; Ord. No. 2014-25, § 04(Exh. D), 12-15-14; Ord. No. 2018-25, § 1(Att. B), 9-17-18; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2023-22, § 1(Exh. A), 6-5-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2024-46, § 1(Exh. A), 12-2-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

    Effective on: 1/21/2025

    13.6. Typical street design.

  • A.
    Street designs shall permit the comfortable use of the street by cars, bicyclists, and pedestrians. Pavement widths, design speeds, and the number of vehicle lanes should be minimized without compromising safety. The specific design of any given street must consider the building types which front on the street and the relationship of the street to the city's street network.
  • B.
    The precise design of any public or private street within any development shall be determined by the administrator. Street classifications shall be assigned by the administrator in consultation with the public works director and the city engineer, and constructed in accordance with the typical cross-sections shown below, subject to any required modifications to account for actual conditions on the site, utility conditions, transportation plans and policies, and other safety and design considerations.
  • C.
    Minor variations and exceptions to street cross-sections may be permitted with approval by the administrator. Such exceptions include variations to the pavement width, tree planting areas, street grade, and centerline radii in accordance with principles above.
  • D.
    Improvements to streets under the ownership and maintenance of NCDOT shall be subject to the requirements of the NCDOT, in addition to any requirements of the City of Brevard pertaining to sidewalks, bike lanes, and multi-use paths.
  • E.
    The street designs shown below are general and intended for planning purposes only as they assume on-street parking and level conditions. Final right-of-way widths shall be determined by the TRC based upon actual parking requirements, slope, applicable sidewalk requirements, other plans and policies of the city, and site considerations.
  • F.
    Major boulevard. The boulevard serves as a long-distance, medium-speed vehicular corridor which traverses an urbanized area. It is usually lined by parallel parking, wide sidewalks, or side medians planted with trees. Center medians may be continuously planted or have trees in individual planting areas. Buildings uniformly line the edges.
  • FIGURE 13.6A: MAJOR BOULEVARD ILLUSTRATION
    Major Boulevard
    FIGURE 13.6A: MAJOR BOULEVARD ILLUSTRATION
    Major Boulevard
    FIGURE 13.6A: MAJOR BOULEVARD ILLUSTRATION
    Major Boulevard
    FIGURE 13.6A: MAJOR BOULEVARD ILLUSTRATION
    Major Boulevard
    1. G.
      Local boulevard. The avenue is a short-distance, medium-speed connector which transverses an urbanized area. It is unlike a boulevard, in that its axis is terminated by a civic building or monument. The avenue is typified by carefully landscaped edges including three or more individual rows of street trees within the ROW.
    FIGURE 13.6B: LOCAL BOULEVARD ILLUSTRATION
    Local Boulevard
    FIGURE 13.6B: LOCAL BOULEVARD ILLUSTRATION
    Local Boulevard
    FIGURE 13.6B: LOCAL BOULEVARD ILLUSTRATION
    Local Boulevard
    FIGURE 13.6B: LOCAL BOULEVARD ILLUSTRATION
    Local Boulevard
    1. H.
      Major thoroughfare.
    FIGURE 13.6C: MAJOR THOROUGHFARE ILLUSTRATION
    Major Thoroughfare
    FIGURE 13.6C: MAJOR THOROUGHFARE ILLUSTRATION
    Major Thoroughfare
    FIGURE 13.6C: MAJOR THOROUGHFARE ILLUSTRATION
    Major Thoroughfare
    FIGURE 13.6C: MAJOR THOROUGHFARE ILLUSTRATION
    Major Thoroughfare
    1. I.
      Minor thoroughfare.
    FIGURE 13.6D: MINOR THOROUGHFARE ILLUSTRATION
    Minor Thoroughfare
    FIGURE 13.6D: MINOR THOROUGHFARE ILLUSTRATION
    Minor Thoroughfare
    FIGURE 13.6D: MINOR THOROUGHFARE ILLUSTRATION
    Minor Thoroughfare
    FIGURE 13.6D: MINOR THOROUGHFARE ILLUSTRATION
    Minor Thoroughfare
    1. J.
      Local collector street. The local collector street serves as a small-scale, low-speed connector. Local collector streets provide frontage for high-density residential buildings such as apartment buildings and rowhouses. A residential main street is urban in character, with raised curbs, closed drainage, wide sidewalks, parallel parking, trees in individual planting areas, and buildings aligned on short setbacks.
    FIGURE 13.6E: LOCAL COLLECTOR STREET
    Local Collector Street
    FIGURE 13.6E: LOCAL COLLECTOR STREET
    Local Collector Street
    FIGURE 13.6E: LOCAL COLLECTOR STREET
    Local Collector Street
    FIGURE 13.6E: LOCAL COLLECTOR STREET
    Local Collector Street
    1. K.
      Neighborhood street. The neighborhood street is a small-scale, low-speed connector. It serves low-density residential buildings which accommodate all parking on-site. A minor street tends to be more rural in character with rolled curbs, open or closed drainage, narrow sidewalks, continuous plantings, and buildings set way back though this condition may also be appropriate for short urban blocks where on-street parking is not expected
    FIGURE 13.6F: NEIGHBORHOOD STREET ILLUSTRATION
    Neighborhood Street
    FIGURE 13.6F: NEIGHBORHOOD STREET ILLUSTRATION
    Neighborhood Street
    FIGURE 13.6F: NEIGHBORHOOD STREET ILLUSTRATION
    Neighborhood Street
    FIGURE 13.6F: NEIGHBORHOOD STREET ILLUSTRATION
    Neighborhood Street
    1. L.
      Commercial service street: The commercial service street is intended to provide service access to the rear or side of non-residential developments. Commercial service streets shall not replace a required street of higher classification. Sidewalks may be required when deemed necessary by the administrator.
    FIGURE 13.6G: COMMERCIAL SERVICE STREET ILLUSTRATION
    Commercial Service Street
    FIGURE 13.6G: COMMERCIAL SERVICE STREET ILLUSTRATION
    Commercial Service Street
    FIGURE 13.6G: COMMERCIAL SERVICE STREET ILLUSTRATION
    Commercial Service Street
    FIGURE 13.6G: COMMERCIAL SERVICE STREET ILLUSTRATION
    Commercial Service Street
    1. M.
      Rear alley. The alley is a narrow access route which services the rear of buildings on a street. Alleys have no sidewalks, landscaping or building setbacks. Alleys are used by trucks and must accommodate dumpsters. They are usually paved to the edges, with center drainage via an inverted crown.
    FIGURE 13.6H: REAR ALLEY ILLUSTRATION
    Rear Alley
    FIGURE 13.6H: REAR ALLEY ILLUSTRATION
    Rear Alley
    FIGURE 13.6H: REAR ALLEY ILLUSTRATION
    Rear Alley
    FIGURE 13.6H: REAR ALLEY ILLUSTRATION
    Rear Alley
    TABLE 13.6A: REAR ALLEY DESIGN STANDARDS
    Design SpeedN/A
    Min. Centerline RadiusN/A
    Pavement Width24 feet
    ROW Width24 feet
    Curb Radius5 feet
    DrainageCurb and Gutter
    On Street ParkingYes
    Street TreesNo
    SidewalksNo
    1. N.
      Rear lane. The rear lane is a narrow access route behind neighborhood streets. Lanes generally have a narrow strip of paving in the center and serve as areas for underground utilities.
    FIGURE 13.6I: REAR LANE ILLUSTRATION
    Rear Lane
    FIGURE 13.6I: REAR LANE ILLUSTRATION
    Rear Lane
    FIGURE 13.6I: REAR LANE ILLUSTRATION
    Rear Lane
    FIGURE 13.6I: REAR LANE ILLUSTRATION
    Rear Lane
    TABLE 13.6B: REAR LANE DESIGN STANDARDS
    Design SpeedN/A
    Min. Centerline RadiusN/A
    Pavement Width10—12 feet
    ROW Width20 feet
    Curb Radius20 feet
    DrainageOpen Swale/Closed Inverts
    On Street ParkingN/A
    Street TreesNo
    SidewalksNo

    (Ord. No. 2014-25, § 04(Exh. D), 12-15-14)

    Effective on: 1/1/1901

    13.7. Street classification.

  • A.
    Determining streets of higher classification.
    1. 1.
      Ownership. When making a determination, the administrator shall first consider the ownership of each of the roads. State roads are always considered higher classification than local roads. Local roads are always considered a higher classification than private roads. If any portion of the roadway is a State road, regardless of if property in question is adjacent to a section maintained by the City, the road shall be considered a higher classification than local roads. This applies to French Broad Street, Main Street, Whitmire Street, Elm Bend Road, and other streets that change ownership within the City’s jurisdiction. This does not apply to roads that change ownership at the edge of the City’s corporate limits, such as Carolina Avenue.
    2. 2.
      Other factors. If that does not establish the higher classification, the administrator shall consider the following factors in making a determination:
      1. a.
        The speed limits on the roads, according to the adopted traffic schedule in Section 66-5 of the City Code;
      2. b.
        The estimated traffic volumes on the roads;
      3. c.
        The length of the roads (e.g., a road that is 2 miles long in total verses a road that only extends ¼ mile); and 
      4. d.
        The width of the rights-of-way on the roads.
  • (Ord. No. 2014-25, § 04(Exh. D), 12-15-14; Ord. No. 2023-22, § 1(Exh. A), 6-5-23; Ord. No. 2023-42, § 1(Exh. A), 9-5-23)

    Effective on: 9/5/2023

    13.8. Driveways and culverts.

  • A.
    All driveway plans, approaches and culverts shall be approved by the administrator and shall be made under the supervision of the public works director in accordance with CHAPTER 62 of Brevard City Code.
  • B.
    No driveway or curb cut shall be less than 12 feet nor greater than 24 feet in width at the point of intersection with the margin of the right-of-way of any street located in the city, except curb cuts may be wider than 24 feet if a center median is provided.
  • C.
    The elevation of all private driveways at the point of intersection with the margin of the right-of-way of all streets, which margin shall be established to be not less than 15 feet from the centerline of the street, shall be at the level of the street. No grade on any private driveway for a distance of seven feet from the margin of the right-of-way of the street shall be greater than three-tenths foot from the intersection of the margin of the right-of-way of the street, and all approaches at private driveways shall be above street level for a distance of seven feet measured from the right-of-way of the street.
  • D.
    No water culvert shall be installed in or on the streets of the city less than 15 inches in diameter, and the diameter shall be increased in areas having an excess of runoff groundwater and surface drainage.
  • E.
    All culverts installed shall be constructed of corrugated metal pipe, double-walled HDPE, concrete pipe, cast iron or other approved materials. No culverts shall be constructed of wood or terracotta.
  • F.
    Driveway and curb cut separation shall be in accordance with access management requirements of CHAPTER 9 of this ordinance.
  • Effective on: 1/1/1901

    13.9. Containment areas for trash and recyclables.

    All containment devices for trash and recyclables, including compactors, dumpsters, commercial roll-out bins, and areas for storing cardboard shall be placed in the side or rear yards only and located and designed so as not to be visible from the view of adjacent streets and properties. Sub-grade dumpsters shall be exempt from the provisions of this section. All containment areas shall meet the following standards:

    1. A.
      All containment areas shall be enclosed to contain windblown litter.
    2. B.
      Enclosures shall be at least as high as the highest point of the compactor or dumpster.
    3. C.
      Enclosures shall be made of materials that are opaque at the time of installation (such as a fence, wall, or mature opaque vegetation) and compatible with and/or similar to the design and materials of the principal building.
    4. D.
      Compactors and dumpsters shall be placed on a concrete pad that is large enough to provide adequate support, allows for positive drainage, and conforms to the Transylvania County Health Department regulations governing compactor pads. A concrete apron shall also extend from the pad for support and access.
    5. E.
      Enclosures shall contain gates to allow for access and security.
    6. F.
      Dumpsters and compactors shall be located within the side or rear yard behind buildings and away from sidewalks or pedestrian circulation. Such locations should be accessible to service vehicles.
    7. G.
      Enclosures shall be landscaped in accordance with CHAPTER 8 of this ordinance.

    ( Ord. No. 2021-35 , § 1(Exh. A), 8-16-21; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

    Effective on: 6/3/2024