(a)

In all new subdivisions, streets that are dedicated to public use shall be classified as provided in subsection (b).

(1)

The classification shall be based upon the projected volume of traffic to be carried by the street, stated in terms of the number of trips per day;

(2)

The number of dwelling units to be served by the street may be used as a useful indicator of the number of trips but is not conclusive;

(3)

Whenever a subdivision street continues an existing street that formerly terminated outside the subdivision or it is expected that a subdivision street will be continued beyond the subdivision at some future time, the classification of the street will be based upon the street in its entirety, both within and outside of the subdivision.

(b)

The classification of streets shall be as follows:

(1)

Minor: A street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than nine dwelling units and is expected to or does handle up to 75 trips per day.

(2)

Local: A street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten but no more than 25 dwelling units and is expected or does handle between 75 and 200 trips per day.

(3)

Cul-de-sac: A street that terminates in a vehicular turnaround.

(4)

Subcollector: A street whose principal function is to provide access to abutting properties but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least 26 but not more than 100 dwelling units and is expected to or does handle between 200 and 800 trips per day.

(5)

Collector: A street whose principal function is to carry traffic between minor, local, and subcollector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than 100 dwelling units and is designed to be used or is used to carry more than 800 trips per day.

(6)

Arterial: A major street in the city's street system that serves as an avenue for the circulation of traffic into, out, or around the city and carries high volumes of traffic.

(7)

Marginal access street: A street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

Every lot shall have either direct or indirect access to a public street. A lot has direct access to a public street if a sufficient portion of a boundary of the lot abuts the public street right-of-way so that an accessway meeting the criteria set forth in subsection (b) can be established. A lot has indirect access if it connects to a public street by means of one or more private roads that are of sufficient size to meet the criteria set forth in subsection (b).

(b)

The access provided must be adequate to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use.

(c)

This section shall not apply to public utility facilities.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2018.08.07 , 8-13-18; Ord. No. 2021.06.02 , 6-9-21)

Whenever a major subdivision that involves the creation of one or more new streets borders on or contains an existing or proposed arterial street, no direct driveway access may be provided from the lots within this subdivision onto this street.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

All driveway entrances and other openings onto streets within the city's planning jurisdiction shall be constructed so that:

(1)

Vehicles can enter and exit from the lot in question without posing any substantial danger to themselves, pedestrians, or vehicles travelling in abutting streets; and

(2)

Interference with the free and convenient flow of traffic in abutting or surrounding streets is minimized.

(b)

As provided in G.S. 136-93, no person may construct any driveway entrance or other opening onto a state-maintained street except in accordance with a permit issued by the North Carolina Department of Transportation. Issuance of this permit is prima facie evidence of compliance with the standard set forth in subsection (a).

(c)

Specifications for driveway entrances onto city-maintained streets are set forth in Appendix B to this chapter. These specifications shall be supplemented by the requirements set forth in the N.C. Department of Transportation's Manual on Driveway Entrance Regulations (1966 edition) to the extent that the latter are more comprehensive in subject matter coverage than the former. If driveway entrances and other openings onto city-maintained streets are constructed in accordance with the foregoing specifications and requirements, this shall be deemed prima facie evidence of compliance with the standard set forth in subsection (a).

(d)

For purposes of this section, the term "prima facie evidence" means that the permit-issuing authority may (but is not required to) conclude from this evidence alone that the proposed development complies with subsection (a).

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

The street system of a subdivision shall be coordinated with existing, proposed and anticipated streets outside the subdivision or outside the portion of a single tract that is being divided into lots (hereinafter, "surrounding streets") as provided in this section.

(b)

Collector streets shall intersect with surrounding collector or arterial streets at safe and convenient locations.

(c)

Subcollector, local, and minor residential streets shall connect with surrounding streets 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, but connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through traffic.

(d)

Whenever connections to anticipated or proposed surrounding streets are required by this section, 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 anticipated or proposed street is expected. In addition, the permit-issuing authority may require temporary turnarounds to be constructed at the end of such streets pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency vehicles. Notwithstanding the other provisions of this subsection, no temporary deadend street in excess of 1,000 feet may be created unless no other practicable alternative is available.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

Streets shall be related appropriately to the topography. In particular, streets shall be designed to facilitate the drainage and stormwater runoff objectives set forth in article XVI, and street grades shall conform as closely as practicable to the original topography.

(b)

In no case may streets be constructed with grades that, in the professional opinion of the public works director, create a substantial danger to the public safety.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

Street rights-of-way are designed and developed to serve several functions: (i) to carry motor vehicle traffic, and in some cases, allow on-street parking; (ii) to provide a safe and convenient passageway for pedestrian traffic; and (iii) to serve as an important link in the town's drainage system. In order to fulfill these objectives, all public streets shall be constructed to meet either the standards set forth in subsection (b).

(b)

All streets shall be constructed with curb and gutter and shall conform to the other requirements of this subsection. Only standard 90 degree curb may be used, except that roll-type curb shall be permitted along minor and local streets within residential subdivisions.

(c)

Reserved.

(d)

Notwithstanding any of the other provisions of this section, whenever a residential subdivision abuts or includes property proposed for sidewalks or whenever a nonresidential subdivision includes property proposed for sidewalks (both as shown on the sidewalk extension plan adopted by city council and on file with the planning and neighborhood services department), the respective developer shall be required to construct the sidewalks.

(e)

The sidewalks required by this section shall be at least four feet in width and constructed according to the specifications set forth by the city, except that the permit-issuing authority may permit the installation of walkways constructed with other suitable materials when it concludes that:

(1)

Such walkways would serve the residents of the development as adequately as concrete sidewalks; and

(2)

Such walkways would be more environmentally desirable or more in keeping with the overall design of the development.

(f)

Whenever the permit-issuing authority finds that a means of pedestrian access is necessary from the subdivision to schools, parks, playgrounds, or other roads or facilities and that such access is not conveniently provided by sidewalks adjacent to the streets, the developer may be required to reserve an unobstructed easement of at least ten feet in width to provide such access.

(g)

Notwithstanding the foregoing, public streets constructed outside the City of Lumberton shall be constructed to meet the standards promulgated by the N.C. Department of Transportation to the extent that such standards are more demanding than those set forth herein.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 916, 11-17-86; Ord. No. 1207, 5-14-90; Ord. No. 1662 , 5-11-98; Ord. No. 35-216, 4-24-06; Ord. No. 2021.06.02 , 6-9-21)

(a)

Subcollector, local, and minor residential streets shall be curved whenever practicable to the extent necessary to avoid conformity of lot appearance.

(b)

Cul-de-sacs and loop streets are encouraged so that through traffic on residential streets is minimized. Similarly, to the extent practicable, driveway access to collector streets shall be minimized to facilitate the free flow of traffic and avoid traffic hazards.

(c)

All permanent deadend streets (as opposed to temporary deadend streets, see subsection 35-214(d)) shall be developed as cul-de-sacs in accordance with the standards set forth in subsection (d). Except where no other practicable alternative is available, such streets may not extend more than 550 feet (measured to the center of the turnaround).

(d)

The right-of-way of a cul-de-sac shall have a radius of 50 feet. The radius of the paved portion of the turnaround (measured to the outer edge of the pavement) shall be 40 feet, and the pavement width shall be 12 feet without curb and gutter or 18 feet with curb and gutter. The unpaved center of the turnaround area shall be landscaped.

(e)

Half streets (i.e., streets of less than the full required right-of-way and pavement width) shall not be permitted except where such streets, when combined with a similar street (developed previously or simultaneously) on property adjacent to the subdivision, creates or comprises a street that meets the right-of-way and pavement requirements of this chapter.

(f)

Streets shall be laid out so that residential blocks do not exceed 1,000 feet, unless no other practicable alternative is available.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

Streets shall intersect as nearly as possible at right angles, and no two streets may intersect at less than 60 degrees. Not more than two streets shall intersect at any one point, unless the public works director certifies to the permit-issuing authority that such an intersection can be constructed with no extraordinary danger to public safety.

(b)

Whenever possible, proposed intersections along one side of a street shall coincide with existing or proposed intersections on the opposite side of the street. In any event, where a centerline offset (jog) occurs at an intersection, the distance between centerlines of the intersecting streets shall be not less than 150 feet.

(c)

No two streets may intersect with any other street on the same side at a distance of less than 400 feet measured from centerline to centerline of the intersecting street. When the intersected street is an arterial, the distance between intersecting streets shall be at least 1,000 feet.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Construction and design standards and specifications for streets, sidewalks, and curbs and gutters shall comply with the standards and specifications on file with the Lumberton Department of Public Works.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

If a tract proposed for single-family residential subdivision borders a public street, then a subdivision of that tract in which a private road is established to satisfy the access requirements of section 35-211 may be approved unless the effect of such subdivision would be that, since the effective date of this chapter, more than three lots served only by one or more private roads have been created out of that same tract.

(b)

If a tract proposed for single-family residential subdivision has access to a public street only via a private road, then:

(1)

Subject to the provisions in (2) below, a subdivision of that tract in which the lots have access to a public street only via one or more private roads may be approved unless the effect of such subdivision would be that, since the effective date of this chapter, more than three lots that have access to a public street only via one or more private roads have been created out of that same tract.

(2)

If all the lots created in such subdivision will border a street constructed to the public street standards established by this chapter, then such subdivision may be approved (regardless of the number of lots created) if the private road that provides access from the existing public street to the tract to be subdivided in constructed (or improved) to the standards set forth in this chapter for public streets.

(c)

The intent of the subsections (a) and (b) is primarily to allow the creation of not more than three, single-family residential lots served by a private road not constructed to public street standards. Therefore, the permit-issuing authority may not approve any subdivision served by a private road (not constructed to public street standards) in which one or more of the lots thereby created is intended for (i) duplex or multifamily residential use, or (ii) any nonresidential use that would tend to generate more traffic than that customarily generated by three single-family residences. To ensure that the intent of this subsection is not subverted, the permit-issuing authority may, among other possible options, require that the approved plans show the types and locations of buildings on each lot for that the lots in a residential subdivision served by a private road be smaller than the permissible size of lots on which duplex or multifamily developments could be located or that restrictive covenants limiting the use of the subdivided property in accordance with this subsection be recorded before final plat approval.

(d)

Except as provided in subsections (a) and (b)(1) of this section and subsection 35-188(e), all subdivision streets shall be constructed in accordance with the public street standards set forth in this chapter. An offer of dedication of such streets to the public shall be made unless the council, in granting final plat approval, authorizes such streets to remain in private ownership. The council may authorize such private roads if it finds that adequate provision for the maintenance of such roads has been made, that the interests of abutting property owners would best be served by keeping such roads private, and that no danger to the public health or safety is thereby posed. Unless the recorded plat of a subdivision clearly shows a street to be private, the recording of such plat shall constitute an offer of dedication of such streets.

(e)

No final plat that shows lots served by private roads may be recorded unless the final plat contains the following notations:

(1)

"Further subdivision of any lot shown on this plat as served by a private road may be prohibited by the Lumberton Land Use Ordinance."

(2)

"The policy of the City of Lumberton is that, if the city improves streets (i) that were never constructed to the standards required in the Lumberton Land Use Ordinance for dedicated streets, and (ii) on which 75 percent of the dwelling units were constructed after May 20, 1985, 100 percent of the costs of such improvements shall be assessed in abutting landowners."

(f)

The recorded plat of any subdivision that includes a private road shall clearly state that such a road is a private road. Further, the initial purchaser of a newly created lot served by a private road shall be furnished by the seller with a disclosure statement outlining the maintenance responsibilities for the road, in accordance with the requirements set forth in G.S. 136-102.6.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

Within unsubdivided developments, all private roads and accessways shall be designed and constructed to facilitate the safe and convenient movement of motor vehicle and pedestrian traffic. Width of roads, and use of curb and gutter shall be determined by the provisions of this chapter dealing with parking (article XVIII) and drainage (article XVI) and paving specifications shall meet the standards and specifications for public streets of six-inch crushed stone or equivalent and two-inch asphalt. To the extent not otherwise covered in the foregoing articles, and to the extent that the requirements set forth in this chapter for subdivision streets may be relevant to the roads in unsubdivided developments, the requirements of this chapter may be applied to satisfy the standard set forth in the first sentence of this subsection.

(b)

Whenever a road in an unsubdivided development connects two or more subcollector, collector, or arterial streets in such a manner that any substantial volume of through traffic is likely to make use of this road, such road shall be constructed in accordance with the standards applicable to subdivision streets and shall be dedicated. In other cases when roads in unsubdivided developments within the city are constructed in accordance with the specifications for subdivision streets, the city may accept an offer of dedication of such streets.

(c)

Whenever a development abuts or includes property proposed for sidewalks as shown on the sidewalk extension plan adopted by city council and on file with the planning and inspection department, the developer shall be required to construct the sidewalks.

(d)

In all unsubdivided multifamily residential development, sidewalks shall be provided linking dwelling units with other dwelling units, the public street, and on-site activity centers such as parking areas, laundry facilities, and recreational areas and facilities.

(e)

Whenever the permit-issuing authority finds that a means of pedestrian access is necessary from an unsubdivided development to schools, parks, playgrounds, or other roads or facilities and that such access is not conveniently provided by sidewalks adjacent to the roads, the developer may be required to reserve an unobstructed easement of at least ten feet to provide such access.

(f)

The sidewalks required by this section shall be at least four feet wide and constructed according to the specifications set forth by the city, except that the permit-issuing authority may permit the installation of walkways constructed with other suitable materials when it concludes that:

(1)

Such walkway would serve the residents of the development as adequately as concrete sidewalks, and

(2)

Such walkways could be more environmentally desirable or more in keeping with the overall design of the development.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 917, 11-17-86; Ord. No. 1059, 8-1-88; Ord. No. 1591, § 2, 11-25-96; Ord. No. 1638, 11-10-97; Ord. No. 2021.06.02 , 6-9-21)

(a)

As provided in G.S. 136-44.14, whenever curb and gutter construction is used on public streets, wheelchair ramps for the handicapped shall be provided at intersections and other majors points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with published standards of the N.C. Department of Transportation, Division of Highways.

(b)

In unsubdivided developments, sidewalk construction for the handicapped shall conform to the requirements of section (11X) of the North Carolina State Building Code.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

Street names shall be assigned by the developer subject to the approval of the permit-issuing authority. Proposed streets that are obviously in alignment with existing streets shall be given the same name. Newly created streets shall be given names that neither duplicate nor are phonetically similar to existing streets within the city's planning jurisdiction, regardless of the use of different suffixes (such as those set forth in subsection (b)).

(b)

Street names shall include a suffix such as the following:

(1)

Circle: A short street that returns to itself.

(2)

Court or place: A cul-de-sac or deadend street.

(3)

Loop: A street that begins at the intersection with one street and circles back to end at another intersection with the same street.

(4)

Street: All public streets not designated by another suffix.

(c)

Building numbers shall be assigned by the city.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

All bridges in subdivided and unsubdivided developments shall be constructed in accordance with the standards and specifications of the North Carolina Department of Transportation, except that bridges on roads not intended for public dedication in unsubdivided developments may be approved if designed by a licensed architect or engineer.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Utilities installed in public rights-of-way or along private roads shall conform to the requirements set forth in article XV, utilities.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)