A.

Street design.

1.

Street pattern. Streets shall be arranged to fit the contour of the land, to create usable lots and blocks, and to discourage through traffic in residential neighborhoods.

2.

Coordination of streets. Street access may be provided to adjoining undeveloped tracts of land and shall be coordinated with existing and planned streets as required by the departments of community development and public works. Access shall be provided to adjacent property at locations deemed necessary and desirable by the planning board.

B.

Minimum street right-of-way widths.

Table 13-1. Street Width and ROW

1.

The minimum street paving widths and standards required herein shall be in accordance with the typical sections as set forth in the city's Typical Street Design Standards.

2.

Subdivisions that adjoin existing streets shall dedicate additional right-of-way to meet the above minimum street width requirements from each side of the centerline of the existing street. When the subdivision is located on only one (1) side of an existing street, one-half (½) of the required right-of-way and in no case less than twenty-six (26) feet, measured from the centerline of the existing right-of-way, shall be provided.

3.

When a tract fronts on a local street or collector streets, the planning board may require affected lots fronting on such major streets to be provided with frontage roads.

4.

Curb and gutter improvements shall be centered on the centerline of the street except where it is determined sidewalk improvements or future street widening will be performed by the city. In these cases the director of public works may require the improvements to be off center. Rolled curb and gutter will be allowed on noncollector streets upon submission and approval of storm drainage calculations and design by the director of public works.

5.

Within the extraterritorial jurisdiction of the city, all street construction shall conform at the city construction standards.

6.

All rights-of-way shall be cleared of trees and vegetation that are greater than three (3) feet tall for a distance of at least five (5) feet back to the curb of culs-de-sac and local streets and eight (8) feet back of the curb on collectors. Right-of-way clearance on arterials shall be as determined by the director of public works.

7.

The clear sight triangle shall be cleared and graded.

8.

The typical section shall provide for grading back of the curb to the right-of-way line to a maximum or minimum slope of two (2) feet horizontal for each one (1) foot vertical (2:1) using the elevation of the top of the curb as the reference elevation. This slope will continue until it intersects with natural ground.

9.

In areas where underground utilities are to be located (electrical, gas, telephone, and cablevision), the area shall be graded from the back of the curb to the right-of-way line at a maximum slope of three (3) feet horizontal for each one (1) foot vertical (3:1) using the elevation or the top of the curb as the reference elevation. This grade shall extend for a maximum of eight (8) feet or to the right-of-way line, whichever is less, behind the curb and thereafter may be changed to 1:3 until it intersects with natural ground.

C.

Street requirements.

1.

Horizontal street alignment. When a continuous street centerline deflects at any point, a circular curve shall be introduced having a radius of curvature on said centerline of not less than the following table:

Table 13-2. Horizontal Alignment.

2.

Tangents. A tangent at least one hundred (100) feet long shall be provided between reverse curves on collector, minor and major arterials. Street jogs with centerline offsets of less than one hundred fifty (150) feet shall be avoided and prohibited on major and minor arterials.

3.

Vertical curves. All changes in street grades shall be connected with vertical curves and the length (L) of both sag and crest vertical curves in feet shall be related to the algebraic difference in grade (A) and a constant K = 35 for cul-de-sacs and local streets, K = 50 for collector (feeder) and minor arterials and K = 80 for major arterials by the formula L = KA

4.

Maximum and minimum grades. Grades on major and minor arterials, collector (feeder) streets, and within one hundred (100) feet of all intersections shall not exceed five (5) percent except when approved by the director of public works; grades on other public streets may exceed five (5) percent but not eight (8) percent. Street grades at the gutter shall not be less than four-tenths (0.4) percent.

5.

Streets and alleys. Proposed streets shall be adjusted to the contours of the land so as to produce usable lots and streets of reasonable gradient.

6.

Corner lot sight easement. A sight distance easement shall be established for each lot located at street intersections in conformance with the Subdivision Roads Standards of NCDOT as adopted July 1, 1979, and subsequently amended.

7.

Non-access easement. Along all major arterials as designated on the city's adopted arterial plan, the planning board may require a nonaccess easement on property frontage abutting designated major arterials at locations where such property is zoned for residential development.

8.

Street intersections. Street intersections shall be as nearly at right angles as possible, and no intersections shall be at an angle of less than eighty-five (85) degrees. Intersections of two (2) different street right-of-way lines shall have rounded corners having a minimum radius of twenty (20) feet.

9.

Street corner radius.

a.

Within the city limits and ETJ, a street intersection radius shall be installed as follows:

Table 13-3. Street Corner Radii

D.

Street intersections.

1.

Street intersections shall be as nearly at right angles as possible, and no intersection shall be at an angle less than eighty-five (85) degrees. Detailed designs of intersections may be required by the director of public works as part of the submittal.

2.

Property line radius at street intersections shall not be less than twenty (20) feet, and where the angle of street intersection is less than ninety (90) degrees, the planning board may require a greater radius.

3.

Curb line radius at street intersections shall be at least fifteen (15) feet, and where the angle of street intersection is less than ninety (90) degrees, the planning board may require a greater radius.

4.

Crossing intersections (X) shall not be permitted.

5.

Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall not be permitted.

E.

Cul-de-sac streets. Cul-de-sac streets or courts designed to have ends permanently closed shall be no more than nine hundred (900) feet long.

F.

Traffic-control signs. Traffic-control signs, including street name signs, of a type and number approved by the director of public works shall be installed at all intersections of proposed and existing streets within the subdivision according to city specifications.

G.

Street lighting. Street lighting shall be installed to city standards.

(Ord. No. O-2011-37, §§ 4, 5, 5-9-11; Ord. No. O-2021-2, § 4, 1-11-21)

Adequate easements shall be required by the planning board as recommended by the director of public works to accommodate all utilities and storm drainage needs. The developer shall demonstrate such adequacy by furnishing drawings showing all utilities and storm drainage. The director of public works shall recommend easement widths needed to accommodate such utilities and storm drainage systems to the planning board.

(Ord. No. O-2021-2, § 4, 1-11-21)

A.

Blocks.

1.

Residential blocks shall not be less than three hundred (300) feet or more than one thousand (1,000) feet in length, except as the planning board considers necessary to secure efficient use of land or to achieve desired features of the street system. The planning board may require public crosswalks across the block.

2.

Residential blocks shall be wide enough to provide two (2) tiers of lots of minimum depth, except when such blocks front onto freeways, expressways, or major arterials or topographical conditions of size of the property prevents such design, in which case the planning board may approve a single tier of lots of minimum depth.

B.

Lots.

1.

Lot area, size, shape, arrangement and dimensions shall conform to the requirements of this LDC.

2.

Insofar as practical, side lot lines shall be perpendicular or radial to street lines.

3.

Each lot shall abut upon a public street or road, except as may be provided in this LDC.

4.

The planning board may grant subdivision approval for private streets if all conditions for the protection of public health, safety and welfare are met and provided that all private streets are built to public street standards outlined in this LDC.

5.

The size, shape and orientation of every lot shall be as the planning board deems appropriate for the type of development and use contemplated.

6.

For residential lots not served by the city sanitary sewer system, a larger lot may be required. Lot sizes shall be determined as follows. The subdivision shall secure a percolation test, which meets the North Carolina State Department of Environment and Natural Resources regulations for on-site septic tanks on each proposed lot in a subdivision. The location and result of each test shall be indicated on the preliminary plat. The dimensions and area of each lot may be established at the level necessary to fulfill the requirements of the State Health Department. Septic tank disposal fields shall not be located over or adjacent to rock outcrops which serve as present sources of water or which may serve as future sources of water supply. In no case shall a lagoon system be allowed for residential or commercial subdivisions.

7.

Building lines for residential lots shall be at least twenty-five (25) feet from each street property line provided, however, that under a planned development residential or conditional use permit, the front and side lot lines may be varied, in order to afford a variety of building arrangements. In no case shall a dwelling unit be closer than ten (10) feet to any public street.

8.

Corner lots shall be at least sixty-five (65) feet wide at the building line.

9.

Lots, other than corner lots, fronting on two (2) streets shall not be platted except under exceptional circumstances, in which case building lines shall be established on both frontages.

A.

General.

1.

The design requirements and required improvements set forth in this section are minimum standards and improvements. Development improvement requirements in environmentally sensitive areas (sensitive soils, slopes, flood hazard areas, woodlands, and the like) may be more stringent as determined by the director of public works.

2.

Every subdivider shall be required to install all improvements as required by this chapter.

B.

Street grading. All streets shall be cleared and graded as approved by the director of public works. Finished grades shall be at levels approved by the director of public works.

C.

Street paving. All streets shall be paved with either bituminous asphalt or concrete to meet standards specified in the city's design standards manual. Internal streets shall be paved to widths specified in chapter 13 of this LDC.

D.

Curbs and gutters. Concrete curbs and gutters shall be installed on all streets within the city limits and ETJ. Installations shall be in accordance with city specifications.

E.

Sidewalks. All site development plans and subdivision construction plans shall provide for the installation of sidewalks in accordance with the location and design requirements established below.

1.

Sidewalk shall be required along all street frontages listed in Table 13.4 unless otherwise exempted by this LDC.

  Table 13-4. Street
  Classification/Sidewalk Location

2.

Sidewalks must meet ADA standards and shall be constructed in accordance with the standards established in the City of Rocky Mount Standard Specifications Standard Details. The standard sidewalk width shall be five (5) feet.

3.

Sidewalks are not required for internal local and collector streets serving single-family, duplex, and Industrial subdivisions. Sidewalks shall be required along any arterial streets within or adjacent to the subdivision or development site.

4.

Sidewalk construction required for as a part of subdivision development may be delayed, with the consent of the director of public works, until the time of site development provided the developer posts a bond in an amount that is one hundred ten (110) percent of the estimated cost of sidewalk construction.

5.

Payment in lieu of construction. Payment in lieu of construction will be required when a proposed sidewalk will be in conflict with future construction plans or where the director of public works determines that installation of required sidewalk would be in conflict with pedestrian safety. The payment shall be in accordance with the standard construction rates for sidewalk construction established in the Administrative Policy Manual X.2.1 Rates and Charges for Street and Sidewalk Construction.

F.

Water and sewer service required. Any subdivision located within the city limits shall install water and sewer to provide service to each lot in the subdivision. Any subdivision located within the extraterritorial jurisdiction and which has either the public water or the public sewer system reasonably available or to be made reasonably available for extension, as determined by the director of public works, shall have such systems extended to provide service to each lot in the subdivision. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

G.

Water utilities. Where the subdivision is connected to the city water supply, or any other public water supply, or is provided with a private water distribution system, the following improvements shall be provided:

1.

Water lines shall be sized as designated by the director of public works.

2.

Fire hydrants shall be located and installed as required by the fire chief and director of public works for all types of development.

a.

In single-family subdivisions, fire hydrants shall be located not less than five hundred (500) feet of each front minimum building line and located at street intersections, with intermediate hydrants between intersections, unless otherwise specified by the fire chief and director of public works.

b.

For nonresidential subdivisions "The Guide for Determination of Required Fire Flow," as updated, published by the Insurance Services Offices, will be utilized in determining the estimated water needs for fire protection. Fire hydrants shall be located as not to exceed eight hundred (800) feet between hydrants and located at street intersections, with intermediate hydrants between intersections, unless otherwise specified by the fire chief and city manager.

A subdivision which is located outside the city limits and is not reasonably available to the municipal water system may be served by private individual wells. All subdivisions proposed to be serviced by private individual wells shall obtain the appropriate permit from the respective county health department prior to approval of a final plat.

H.

Sanitary sewer. All subdivisions proposed to be served by the city sewerage system shall obtain certification from the appropriate state and federal agencies prior to city approval of the final plat. The following improvements shall be provided:

1.

Minimum grade of pipe shall be that which will maintain a minimum velocity of two (2) feet per second.

2.

Automatic lift stations shall be provided where the need for such lift stations is evident and cannot be avoided. The lift station capacity shall be determined by the director of public works.

3.

A subdivision that is located outside of the city limits and is not reasonably available to the municipal sewerage system service may provide a private sewage package treatment plant, upon state approval. The sewerage disposal system must be approved by the director of public works. All subdivisions proposed to be served by a new or existing private sewage disposal system shall obtain a permit from the appropriate state and federal agencies prior to approval of a preliminary plat.

4.

For subdivisions utilizing septic tanks, the subdivider shall obtain the appropriate permit from the respective county health department prior to city approval of a final plat.

I.

Utility lines. The location of utility lines, including electrical, telephone, gas, cable television and other utility facilities shall be context sensitive and in keeping with community design standards. In recognition of the importance of safety considerations and the view from the public right-of-way, utility lines and facilities shall be placed underground where feasible. Above ground utilities and facilities may only be approved by the director of utilities when cost, technical, maintenance or other system-related considerations are deemed to be significant factors. Electric transmission lines and related facilities, due to their special nature and extreme cost, shall be permitted to be maintained, expanded, repaired, and constructed above ground, based on the requirements of the electric system. Any utility or facility approved for above ground installation shall be reported to the planning board.

J.

Natural gas utilities. Natural gas service lines where available shall be provided underground in easements or rights-of-way outside of curb lines where practical.

K.

Street signs and street lights.

1.

Street name signs shall be placed on diagonally opposite corners or each street intersection in conformance with specifications adopted by the city. Streetlights shall be required by the city and installed to specifications adopted by the city.

2.

Street lighting inside the corporate limits of the city shall be installed by the city to municipal standards. If the developer desires a different lighting support than wood poles used by the city, the developer shall pay the city an amount equal to the difference in material and installation cost. City standards consist of a thirty (30) foot (wood, metal or concrete) pole with one hundred (100) watt HPS fixtures (cobra head design).

3.

Street lighting outside the corporate limits is not required. However, if street lighting outside the corporate limits is proposed, a street lighting design plan is required with the submission of the preliminary plat for approval.

L.

Special exceptions for design waivers. If at any time before or during the construction of the required improvements, it is demonstrated to the satisfaction of the director of public works that unforeseen conditions make it necessary to modify the location or design of such required improvements as were approved in the preliminary plat, the director of public works may authorize such modifications, provided these modifications are within the spirit and intent of the planning board approval and do not extend to waiver, or substantially alter the function of any improvements required by the board.

(Ord. No. O-2011-37, § 6, 5-9-11; Ord. No. O-2021-2, § 4, 1-11-21)

A.

Purpose and scope.

1.

These regulations and standards are designed, intended and should be administered in a manner to protect the various drainage areas in the city from flooding; to provide clean and sanitary channels for runoff; to prevent pollution of watersheds, streams and natural drainage channels; to prevent the encroachment of buildings and improvements on natural drainage channels; to equitably apportion the cost of improvements; to protect natural scenic areas; to provide for the conservation of the natural resources of the area, and to implement resolutions established by the Federal Emergency Management Administration (FEMA).

2.

All subdivisions of land and all improvements of any character which affect drainage in any portion of the city shall be subject to the provisions of these regulations for the protection of public health, safety and general welfare of the city.

B.

Finding of fact. The periodic flooding of areas within the city results in hazards to life and property, in the disruption of commerce and governmental services, extraordinary expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. Flood and associated losses are caused by the location in flood hazard areas of buildings, structures and uses of land which are inadequately protected from flooding and erosion, and which contribute to flooding by impeding the flow of drainage and by increasing flood heights through displacement of stormwater in flood hazard areas.

C.

Classification of drainage channels. For the purpose of these regulations drainage shall be classified as follows:

1.

Surface drainage is runoff of such a limited quantity and/or slow rate that it does not cause erosion of a defined channel.

2.

A minor tributary is any drainage channel having a drainage basin of one hundred (100) acres or less in area.

3.

A major tributary is any channel having a drainage basin of not less than one (1) square mile or greater than twenty-five (25) square miles.

D.

Designation of responsibility. It is intended that responsibility for drainage be allocated as follows, unless otherwise specifically designated:

1.

The developer of a subdivision is responsible for the following:

a.

Construction of facilities to accommodate the increased surface drainage within the subdivision and future developed flows from upstream properties and shall convey same to a point on an identified existing watercourse or storm drainage network system. Such storm drainage system shall have the hydraulic capability to accommodate the increased surface water flow or be modified by the developer in a manner which will do so.

b.

Obtaining off-site flowage easements and the construction of facilities to accommodate increased flow. Such shall be dedicated to the city. Where such off-site facilities are necessary, the city shall allow the developer the option of constructing on-site retarding and retention structures to limit the peak flow to predeveloped rates when environmental and economic conditions prohibit or make unfeasible off-site improvements.

c.

The improvement of all minor and major tributaries and channels lying within the subdivision.

d.

Mitigate any increase in rate or quantity of runoff in any storm drain pipe minor or major tributary or major channel which results from the development of the subdivision.

e.

Provision for the maintenance of all stormwater systems and fringe areas of tributaries and channels which have not been dedicated to the public.

2.

The city and other levels of government will be responsible for the maintenance of drainage facilities dedicated to the public.

E.

Drainage and sewers outside subdivision boundaries. The city reserves the right to require improvements, provisions of drainage easements, and for provision of agreements beyond the boundaries of the subdivision to facilitate flow of water through the addition, to avoid probability of law suits based on damage from changed runoff in the subdivision, and to provide continuous improvement of the overall storm drainage system. Requirements outside the addition may include:

1.

Improvements may be required in channels or storm sewers flowing to or from the addition, or in channels or storm sewers located in adjacent areas that are affected by flow of water from the addition.

2.

The following kinds of improvements may be required:

a.

Enlargement or replacement of undersized drainage structures to provide free flow.

b.

Removal of obstructions.

c.

Straightening of channel.

d.

Widening or deepening of the channel.

e.

Construction of erosion control structures.

f.

Back sloping, sodding and/or rip rapping of bank.

g.

Construction of closed or open paved storm sewers for the purposes of closing gap or continuation of overall storm sewer system.

3.

Property owner agreements, where required, shall be designed to protect the city from probable lawsuits for damage, caused by changed runoff condition.

4.

When subdivision development will result in increased runoff beyond the boundaries of the subdivision which cannot be accommodated through channel improvements without causing downstream flooding or erosion, the planning board may require the construction of one (1) or more retention reservoirs on the subdivision which will temporarily impound and discharge water from the subdivision site at the rate of volume equivalent to the discharge from the underdeveloped subdivision site at a rate and volume that the off-site channel is capable of taking. The design shall be as indicated in the city's specifications. Plans shall be approved by the director of public works. The construction shall be the responsibility of the developer. The responsibility for maintenance shall be determined on a case-by-case basis during the subdivision review process.

(Ord. No. O-2021-2, § 4, 1-11-21)

A.

Design. The storm drainage system shall be designed to conform to the existing topography and shall not be rearranged to fit a designed lot pattern. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. The director of public works may allow a minor ditch relocation provided that such modifications are designed in conformance with the city specifications, standards and designs, latest edition. Storm frequencies required to be used for the capacity design of the draining system shall be as follows:

1.

Undeveloped collectors 10-year storm;

2.

Undeveloped cross-drainage 25-year storm;

3.

Residential collectors 10-year storm;

4.

Residential cross-drainage 25-year storm;

5.

Commercial 25-year storm;

6.

Industrial 25-year storm.

B.

Enclosed surface drains. Exclusive of perennial and intermittent streams, all watercourses that require a forty-eight (48) inch pipe or less to carry the ten (10) year design storm shall be piped. Watercourses shall be defined as ditches, canals, collector systems, etc., intended to carry surface runoff from or through the site.

C.

Open watercourse. All open watercourses not subject to the provisions of this section and not classified as perennial or intermittent streams shall be graded to a minimum three (3) foot bottom width with side slopes of three (3) feet horizontal to one (1) foot vertical and grassed to prevent erosion. Erosion-control devices such as matting or straw may be required by the director of public works to protect the side slopes during the seed germination period. The maximum velocity within these open ditches shall not exceed three (3) feet per second unless ditch liners of plain class I, as described by NCDOT standard specifications, concrete, asphalt liners are provided. Soil ditches shall maintain a minimum grade of five-tenths of one-half (0.5) percent. The director of public works may waive the 3:1 side slope in cases where such slopes are neither desirable nor necessary.

D.

Drainage easements.

1.

Easements shall be provided along all storm drainage courses. Such easements for enclosed or piped drainage courses shall be twenty (20) feet, plus the diameter width of the drainage structure.

2.

Easement widths for open watercourses shall be determined by the director of public works based on the factors below, but not limited to:

a.

Design storm frequency.

b.

An open watercourse with a three (3) foot side bottom and side slopes of three (3) feet horizontal to one (1) foot vertical, plus an additional ten (10) feet on each side of the watercourse.

3.

Appropriate drainage easements must be secured prior to the submission of the preliminary plat of the subdivision if said easement is entirely or partially located on land which is not part of the subdivision.

4.

A five-foot easement for drainage and general amenities, including, but not limited to, gas, electrical, communication, water and sewer service, shall be provided along the entire perimeter of each lot adjacent to the lot property line. The easement for drainage and general amenities shall in no way restrict the full use of the property by the owners with respect to placing fences, trees or other vegetation thereon; provided, however, that no fence, tree or vegetation shall interfere with the proper functioning of the easement and that any use of the five-foot easement on the perimeter of each lot by the property owner shall be subject to the provisions of the city's LDC. In instances where lots or portions of lots are held in the same ownership and those lots are to be developed as a single parcel of land, any standard five-foot drainage and utility easement located within but not adjacent to the perimeter of the parcel may be declared null and void. The procedure for releasing any five-foot standard easement under this provision is the recording of a plat signed by the director of public works and the director showing such release.

5.

Watershed drainage. If the proposed subdivision or any portion thereof is located within a public water supply watershed, as defined in this LDC, shall comply with chapter 8 of this LDC.

6.

General requirements.

a.

All storm drainage improvements shall conform to the construction and material specifications of the city.

b.

Profiles and cross sections for existing and proposed drainage courses shall be required.

c.

No stormwater drainage shall be discharged into a sanitary sewer.

d.

Access to the drainage easement from the public street shall be provided.

(Ord. No. O-2021-2, § 4, 1-11-21)

Sites for community facilities.

When a sketch subdivision plat is submitted for city approval and the area proposed to be subdivided encompasses an area designated in the adopted Rocky Mount Comprehensive Plan, or any other long-range development plan approved by the city council, as a site for a community facility, the director shall advise the city manager of such fact, and the city council shall notify the subdivider within sixty (60) days from submission of the sketch plan to the department of development services whether it still wishes the site to be reserved, and if so, the specific location and size of the site to be reserved. If the city council does wish to reserve the site, the subdivision sketch plat shall not be approved without such reservation. The city or any other public or quasi-public organization with authority to condemn property for public use under the right of eminent domain shall then have eleven (11) months, beginning on the date of approval of the construction plat, within which to acquire the site by purchase, gift or initiating condemnation proceedings. If the city or such other public or quasi-public organization has not acquired or begun proceedings to condemn the site within eleven (11) months, the subdivider may treat the land as freed of the reservation.

(Ord. No. O-2018-78, § 2, 8-13-18)

A.

The bonus density design provision applies to all residential zoning districts except the PDR districts. In cases of dedication to and acceptance by the city of open space specifically for park land without monetary compensation by the city to the subdivider, and/or in case of property located within the floodway and/or property constituting the fifty (50) foot arterial buffer required for residential development adjacent to major arterials, the following bonus density provision may be employed; however, in no case may a lot be reduced in area or frontage below the minimum requirement of the next higher density single-family zoning designation. The bonus density design provision is applied in the following manner:

1.

The square footage of the area reserved for park/open space, floodway or arterial buffer purposes is divided by the square footage of the total area to be subdivided;

2.

The minimum lot area and frontage of the lot requirements specified by the zone of the subject property is multiplied by the resulting quotient (representative of the percentage of land eliminated from residential land use development) obtained from step (1) above;

3.

The resulting lot area and lot frontage of step (2) is then considered to be the minimum lot specifications upon which the subdivision may be designed.

B.

For example, if a thirty (30) acre tract of land were zoned R-15 (minimum lot area of fifteen thousand (15,000) square feet and lot frontage of one hundred (100) feet) and the subdivider desires to dedicate three (3) acres of land, the bonus density design provision would be applied as follows:

1.

3 acres = 43,560 × 3 = 130,680 square feet; 43,560 × 30 = 1,306,800 square feet; 130,680/1,306,800 = 10 percent.

2.

Minimum lot area (R-15): 15,000 × 10 percent = 1,500; 15,000 - 1,500 = 13,500. Minimum lot frontage (R-15): 100 × 10 percent = 10; - 100 10 = 90.

3.

13,500 square feet minimum lot area; 90 feet minimum lot frontage.

The same foregoing bonus density design provision may be employed in developments so designed to have common green or open space to be utilized by the residents therein and not to be owned by the general public.

Street requirements. These requirements shall apply to both public and private streets.

1.

Street pattern. Streets shall be arranged to fit the contour of the land, to create usable lots, and to discourage through traffic in residential neighborhood.

2.

Coordination of streets. Street access shall be provided in conformance with the city council's adopted arterial plan and feeder street plan. When a proposed street depicted in those plans traverses a PDR subdivision, the street design and construction specifications shall comply with chapter 13 of this LDC. Street access may be provided to adjoining undeveloped tracts of land and shall be coordinated with existing and planned streets as required by the department of development services and department of public works. Access shall be provided to adjacent property at locations deemed necessary and desirable by the planning board.

3.

Street right-of-way and construction widths. All private streets must be paved. Curb and gutter shall not be required at locations where curb and gutter are not necessary as determined by the director of public works. Within the city limits, curb and gutter streets are required and shall be constructed to the following standards in Table 25. Any street improvement designated by the feeder street plan or the arterial plan shall be designed and constructed to standards identified in chapter 13.

Table 13-5. Private Street Requirements.

4.

Horizontal street alignment. When a continuous street center line deflects at any point, a circular curve shall be introduced having a radius of curvature on said center line of not less than a minimum radii of one hundred fifty (150) feet. Street jogs with center line offsets of less than one hundred fifty (150) feet shall be avoided and prohibited relative to intersections with major and minor arterials.

Table 13-6. Horizontal Alignment in PDR Subdivisions.

5.

Vertical curves. All changes in street grades shall be connected with vertical curves and the length (L) of both sag and crest vertical curves in feet shall be related to the algebraic difference in (A) and a constant K = 35 for the formula L - KA.

6.

Maximum and minimum grades. Grades on streets may not exceed eight (8) percent. Street grades at the gutter shall not be less than four-tenths (0.4) percent. If streetside ditches are developed, street side ditch grades shall not be less than five-tenths (0.5) percent. Steeper section velocity protection shall be required where the erodible velocity of the soil is exceeded.

7.

Streets. Proposed streets shall be adjusted to the contours of the land so as to produce usable lots and streets of reasonable gradient.

8.

Sight easement. A sign distance easement shall be established at each public or private street intersection in conformance with the Subdivision Roads Standards of NCDOT as adopted July 1, 1979, and subsequently amended.

9.

Non-access easement. Along all major arterials as designated on the city's adopted arterial plan, the planning board may require non-access easement on property frontage abutting designated major arterials at locations where each property is zoned for residential development.

10.

Street intersection. Street intersections shall be as nearly at right angles as possible, no intersection shall be at an angle of less than eighty-five (85) degrees.

11.

Street corner radius. The street shall have street type curves matching the requirement of a local type street construction where the street intersects an existing public right-of-way per chapter 13.

12.

Street name. Proposed private streets in alignment with existing name private streets shall bear the names of such existing streets. In no other cases shall the name of a proposed private street duplicate or closely resemble an existing public or private street name recorded in the register of deeds office.

13.

Traffic control signs. Traffic control signs, including street name signs, of a type and number approved by the director of public works shall be installed at all intersections of proposed and existing streets within the subdivision. Signs on a publicly dedicated right-of-way shall comply with chapter 13 of this LDC.

14.

Strip paving will be allowed on contiguous, continuous designated parkways within a PDR area subject to no driveway access and minimum parkway system length of one (1) mile. Minimum parkway construction width shall be twenty-four (24) feet.

15.

Rolled curb and gutter will be allowed in PDR developments upon submission and approval of submitted calculations providing for storage of stormwater within the project site meeting an established design frequency.

16.

Traffic islands in cul-de-sac streets are permitted in PDR developments with homeowners associations and subject to approval by the technical review committee.

(Ord. No. O-2011-37, § 7, 5-9-11; Ord. No. O-2018-78, § 2, 8-13-18; Ord. No. O-2021-2, § 4, 1-11-21)

A.

Improvement completion. Prior to approval of the final plat, the developer shall either complete the required improvements or post a sufficient performance guarantee to assure the successful completion of the required improvements. The procedures in each case are as follows:

1.

Completion of improvements. Upon approval of as-built plans and when the developer has completed all improvements to the satisfaction of the director of public works, the director of public works shall issue to the developer certification that the improvements have been installed and have the final approval of the city subject to the one-year warranty period and posting of a warranty bond; or

2.

Guarantee of completion of improvements. If the developer has not completed all of the required improvements, but the improvements have conditional approval by the director of public works, the developer shall file with the city a performance guarantee as provided in this subsection:

(a)

Type. The type of performance guarantee shall be at the election of the developer. The term "performance guarantee" shall mean any of the following forms of guarantee:

(i)

Surety bond issued by any surety company authorized to do business in North Carolina.

(ii)

Letter of credit issued by any financial institution licensed to do business in North Carolina. If the financial institution does not have an office within sixty (60) miles of the corporate limits of the City of Rocky Mount, the letter of credit shall provide a means by which it can be called without in person presentation.

(iii)

Other form of guarantee that provides equivalent security to a surety bond or letter of credit.

(b)

Duration. The duration of the performance guarantee shall initially be one (1) year, unless the developer determines that the scope of work for the required improvements necessities a longer duration. In the case of a bonded obligation, the completion date shall be set one (1) year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration.

(c)

Extension. A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension thereof. If the improvements are not completed to the specifications of the city, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee shall be provided by the developer for an additional period; provided, however, that the period of the extension shall be approved by the city in its reasonable discretion, and provided further, in no event shall the extension be for a period longer than is reasonably necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall be determined by the procedure provided in subdivision (e) of this subsection and shall include the total cost of all incomplete improvements.

(d)

Release. The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgement by the city that the improvements for which the performance guarantee is being required are complete. The city shall return letters of credit or escrowed funds upon completion of the required improvements to the specifications of the city, or upon acceptance of the required improvements, if the required improvements are subject to city acceptance. When required improvements that are secured by a bond are completed to the specifications of the city, or are accepted by the city, if subject to city acceptance, upon request by the developer, the city shall timely provide written acknowledgement that the required improvements have been completed.

(e)

Amount. The amount of the performance guarantee shall not exceed one hundred twenty-five (125) percent of the reasonably estimated cost to complete the improvements at the time the performance guarantee is issued. The city may determine the amount of the performance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include one hundred (100) percent of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional twenty-five (25) percent allowed under this subsection includes inflation and all costs of administration regardless of how such fees or charges are denominated. The amount of any extension of any performance guarantee shall be determined according to the procedures for determining the initial guarantee and shall not exceed one hundred twenty-five (125) percent of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.

(f)

Timing. The performance guarantee shall be posted at or prior to the time the plat is recorded.

(g)

Legal responsibilities. No person shall have or may claim any rights under or to any performance guarantee provided pursuant to this subsection or in the proceeds of any such performance guarantee other than the following:

(i)

The local government to whom such performance guarantee is provided.

(ii)

The developer at whose request or for whose benefit such performance guarantee is given.

(iii)

The person or entity issuing or providing such performance guarantee at the request of or for the benefit of the developer.

(h)

Multiple guarantees. The developer shall have the option to post one (1) type of performance guarantee as provided for in subdivision (a) of this subsection in lieu of multiple bonds, letters of credit, or other equivalent security, for all development matters related to the same project requiring performance guarantees. Performance guarantees associated with erosion control and stormwater control measures are not subject to the provisions of this subsection 2.

3.

Damage. If an approved phase of construction is damaged during subsequent phases of construction prior to a final approval of the completed construction for the entire development (subdivision), the developer shall be responsible for repair of the damage. All construction must be in acceptable operating condition for one (1) year prior to complete acceptance of maintenance and responsibility by the city.

B.

Inspection of construction. The inspection of all required improvements shall be required prior to the issuance of the certification of satisfactory installation and completion of said improvements. The developer shall arrange to have the necessary inspections conducted at times prearranged through the office of the director of public works.

C.

Modifications of design improvements. If at any time before or during the construction of the required improvements, it is demonstrated to the satisfaction of the director of public works that unforeseen conditions make it necessary to modify the location or design of such required improvements as were approved in the preliminary plat, the director of public works may authorize such modification, provided these modifications are within the spirit and intent of planning board approval and do not extend to waiver, or substantially alter the function of any improvements required by the planning board.

D.

Variances. The planning board may vary the requirements of chapter 13, minimum design and improvement requirements, when strict compliance with the standards would cause an unusual or unnecessary hardship on the developer due to the size of the tract to be subdivided, topography, condition or nature of adjoining areas, or existence of other unusual physical conditions. In granting variances from section 1302, the planning board may, where practical, require conditions that will secure the objectives and the requirement(s) varied. The issuance and justification for said variance shall be entered in the planning board's minutes.

E.

No permit to be issued. No permit shall be issued to any person, firm or corporation for the construction, reconstruction, alteration, or repair of any building, structure, or improvement upon real estate which has been subdivided in violation of this LDC.

F. Actions against illegal transfer. The city, through its attorney or other official designated by the planning board, may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of real estate and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the subdivision LDC. In addition to the foregoing, the provisions of this LDC may be enforced by any one (1), all, or a combination of the remedies authorized by N.C.G.S. § 160D-404.

G.

Metes and bounds description. The description by metes and bounds in the instrument of transfer or other document used to sell or transfer real estate shall not exempt the transaction from any penalty, action, or remedy provided for in this LDC.

(Ord. No. O-2021-2, §§ 2, 4, 1-11-21; Ord. No. O-2021-43, § 11, 6-14-21)

Editor's note— Ord. No. O-2021-2, § 2, adopted Jan. 11, 2021, amended the title of § 1310 to read as herein set out. The former § 1310 title pertained to assurance of improvements and inspection procedures.