§ 6.2. Streets, Driveways, Sidewalks, Curbs and Gutters, Etc.

6.2.1

Streets.

A.

Streets Required; Required Offers of Dedication and Reservation of Right-of-Way. All streets and associated road improvements (e.g., turn lanes, signals, road extensions or additions, driveway locations) shall be required as follows:

1.

By any applicable TIA; and/or

2.

By applicable NCDOT driveway permit regulations; and/or

3.

When road improvements which are reasonably attributable to the proposed development project are recommended by the Applicable Thoroughfare Plan (thoroughfare plans include the most recently adopted Mecklenburg Union Metropolitan Planning Organization ("MUMPO") Thoroughfare Plan and/or Town Comprehensive Transportation Plan.) In the event the two (2) transportation plans conflict, then the Administrator shall determine which transportation plan's recommendations shall govern for a proposed development (Applicable Thoroughfare Plan); and/or

4.

As otherwise required by this Ordinance (e.g., as required by Sections 7.4 (DO-A and DO-B Overlay Districts) and 7.3.2 (General Requirements for Subdivisions)).

5.

Whenever required by Mecklenburg County or Union County.

Whenever road improvements are required in connection with a development, then the Applicant shall plat and dedicate to the Town or NCDOT, as appropriate, a right-of-way for the street(s) on which road improvements are made in the location and to the width specified in the Applicable Thoroughfare Plan.

Whenever road improvements are not required in connection with a development, then the Applicant shall nonetheless plat and dedicate to either the Town of Mint Hill or NCDOT, as appropriate, right-of-way as follows:

a.

If a development project abuts an existing public street that has a right-of-way of less than sixty (60) feet (thirty (30) feet from centerline) and if any Applicable Thoroughfare Plan contemplates such public street to be at least a sixty-foot right-of-way, then dedication of right-of-way of at least thirty (30) feet from the centerline shall be required. In some circumstances, the currently adopted Land Use Development Standards Manual cross section(s) may require right-of-way of less than sixty (60) feet in width (for example, in the DO-A, DO-B and Conservation Subdivisions, a right-of-way of fifty (50) feet (twenty-five (25) feet from centerline) may instead be required), in which case, dedication shall be in accordance with the width requirements contained therein.

b.

If a development project abuts an existing public street that has a right-of-way of less than sixty (60) feet (thirty (30) feet from centerline) and if any Applicable Thoroughfare Plan contemplates such public street to be greater than a sixty-foot right-of-way, then the Applicant shall dedicate to the Town or NCDOT, as appropriate, the amount of new right-of-way in excess of soxty (60) feet (thirty (30) feet from the centerline) that is reasonably attributable to the proposed development project. If Town staff and the Applicant do not agree on the appropriate width of right-of-way to be dedicated in such circumstances, then the determination whether such additional right-of-way is reasonably attributable to the project shall be evaluated in light of any applicable TIA. The Administrator shall then make a determination in light of the Applicable Thoroughfare Plan, the currently adopted Land Use Development Standards Manual, any applicable TIA, and other facts and circumstances specific to the proposed development.

If dedication of right-of-way is not required as provided herein, then an Applicant shall reserve for future use right-of-way to the width specified in the Applicable Thoroughfare Plan any streets identified on the Applicable Thoroughfare Plan that abut or cross the proposed development property. In such case, the Applicant shall document in the Site Plan Application the reservation of the public right-of-way.

Reservation of right-of-way means that the property owner retains ownership of the area planned for future public right-of-way and does not dedicate such area to the Town or NCDOT.

B.

Other Required Improvements.

1.

Driveways. Driveways shall be required and constructed as set forth in Section 6.2.2 below.

2.

Sidewalks. Sidewalks shall be required and constructed as set forth in Section 6.2.3 below.

3.

Curb and Gutter. Curb and gutter shall be required and constructed as set forth in Section 6.2.4 below.

4.

Stormwater Improvements. Stormwater drainage and improvements shall be required and constructed as set forth in this Ordinance (Article 6, Section 6.8, in general and Section 6.8.1(107) specifically which references the Stormwater Design Manual as well as the MLDSM).

5.

Street Signals and Signs. All required streets signals and traffic signs shall be installed as required by NCDOT.

6.

Street Markers. Street markers shall be only be required to be installed at one corner of all street intersections and shall conform to the design requirements of this Section 6.2, Streets and Sidewalks.

7.

Barricades. Barricades shall only be installed at the end of all dead-end streets, except permanent cul-de-sac streets, which have been improved with a permanent turn-around as required by this Ordinance. Such barricades shall have a minimum length of twenty-five (25) feet, plus end sections and shall conform to the other design requirements of the Mecklenburg County Land Development Standards Manual or the Town of Mint Hill Standards Manual, when adopted.

C.

Street Design and Construction.

1.

Standard for Design and Performance Guarantee. All required road improvements shall be designed, constructed, completed and approved in accordance with the standards set forth in the most recently adopted Mecklenburg County Land Development Standards Manual and, when adopted, the Town of Mint Hill Standards Manual as well as in accordance with the requirements of Section 7.3.2 (General Requirements for Subdivisions) (in addition to any NCDOT requirements for driveways). In the event road improvements have not been completed at the time of the request for Final Plat approval and/or a Certificate of Occupancy, the Final Plat shall be approved and/or the Certificate of Occupancy issued only where an Applicant has submitted a bond or other performance guarantee in accordance with the requirements of Article 6, Section 6.10 (Guarantees and Performance Bonds), for completion of the street improvements. Any bond or other performance guarantee for street improvements shall be in addition to any other bond(s) that may be required for other improvements. (Note: Notwithstanding the foregoing, NCDOT may not allow issuance of a Certificate of Occupancy for incomplete driveways despite posting of a bond or other performance guarantee.)

2.

Related to Topography. 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 6, Sections 6.6, 6.7, and 6.8 of this Ordinance and subject to the design requirements relating to maximum grades set forth in the Mecklenburg County Land Development Standards Manual.

3.

Block Lengths. Block lengths and widths shall not be more than one thousand six hundred (1,600) feet, except as hereinafter provided. Where a longer block will reduce the number of railroad grade crossings, major stream crossing or where longer blocks will result in less traffic through residential subdivisions from adjoining business or industrial areas, the Administrator may authorize block lengths in excess of one thousand six hundred (1,600) feet. Block widths shall be sufficient to allow two (2) tiers of lots; except where single tiers of lots will facilitate nonresidential development, the separation of residential and nonresidential development or the separation of residential development from traffic arteries.

4.

Cul-de-Sacs. Cul-de-sacs, when permitted under this Ordinance, shall not be longer than eight hundred (800) feet and shall be terminated by a circular right-of-way not less than eighty (80) feet in diameter; however, this requirement may be waived where topographical conditions or land use relationships offer no practical alternative.

5.

Medians. Medians containing monuments or structures shall not be accepted as a right-of-way and must be dedicated as common area.

6.

Special Requirements Control. To the extent any special requirements (for example in the DO-A or DO-B Overlay Districts or in a Conservation Subdivision) or conditions for approved Conditional Districts contain street design and/or construction standards (including for street markers and other related improvements), then they shall control over these general requirements; however, where the requirements do not directly conflict, then these general requirements shall supplement.

7.

Temporary Cul-de-Sacs. To the extent these are used they shall conform to the Mecklenburg County Land Development Standards Manual or the Town of Mint Hill Standards Manual, when adopted.

6.2.2

Driveways.

A.

Driveways Required. Every lot shall have access sufficient to afford a reasonable means of vehicular ingress and egress for all those likely to need or desire access to the property in its intended use. Driveways shall comply with other laws and codes, including, but not limited to, the Fire Prevention Code of the North Carolina State Building Code or applicable NFPA codes, to the extent applicable to accommodate emergency vehicles, such as fire trucks. All driveways shall be located in accordance with an approved Site Plan and driveways may vary in location/placement on a development by development basis depending on the following factors, including, but not limited to: street trees, type of use, topography of the property to be developed, type of road and associated traffic volume, etc. For proposed developments located on roads maintained by NCDOT, all driveways shall be located as determined by NCDOT (using the NCDOT Policy on Street and Driveway Access to North Carolina Highways hereinafter the "NCDOT Driveway Manual" for guidance). On Town maintained roads, all driveways shall be located as reasonably determined by the Administrator. The Administrator may use the NCDOT Driveway Manual as a guiding document in its determination of required driveway locations in conjunction with the following standards to be used for guidance:

All driveway entrances and other openings onto streets within the Town'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 traveling on abutting streets; and

2.

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

3.

In considering (1) and (2) above, the following factors shall be considered:

a.

The nature of the abutting street, its capacity, use, speed and flow, and reasonably anticipated changes to the street; and

b.

The nature of the proposed use of the land, the traffic generated, the existence and number of drive-through window(s), the internal system for moving vehicles while on the lot; and

c.

The nature of the exit and entrance, the site distance, the distance from intersections, the alignment with other drives and streets, turning controls or limitations.

d.

The requirements for drive location/separation near an intersection of an existing or planned arterial or collector road found in the Mecklenburg County Land Development Standards Manual.

4.

Shared driveways are encouraged to the extent they accomplish these goals.

B.

Driveway Design and Construction.

1.

All required driveway improvements shall be designed, constructed, completed and approved in accordance with the standards set forth in the most recently adopted Mecklenburg County Land Development Standards Manual. Notwithstanding the foregoing, for apartments, institutional uses, offices, business or industrial development, driveways for access to and from a public street, shall not be wider than thirty-five (35) feet as measured at the property line or future right-of-way line and shall be defined by curbing at such locations as designated by the State and the Town. The minimum width of such driveways shall be twenty-four (24) feet for two-way traffic and fourteen (14) feet for one-way traffic.

2.

To the extent any special requirements (for example in the DO-A or DO-B Overlay Districts or in a Conservation Subdivision) or conditions for approved Conditional Districts contain driveway design and/or construction standards, then they shall control over these general requirements; provided however, where the requirements do not directly conflict, then these general requirements shall supplement.

(Note: 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.)

6.2.3

Sidewalks.

A.

Sidewalks Required. Sidewalk installation is required along all public streets both fronting and within a proposed development, except:

1.

For minor residential subdivisions (five (5) lots or less); or

2.

Where a special regulation or condition would prohibit sidewalks (e.g,. an environmentally sensitive area identified and officially designated for low impact development by the Mecklenburg County Water Quality Division or NCDENR).

In addition, a material enlargement or expansion of existing construction shall be required to construct sidewalks along all public streets fronting and/or within the proposed development for not only the newly proposed expansion or enlargement area, but also for the development as it was first proposed and exists at the time of the proposed enlargement or expansion. For purposes hereunder, material enlargement or expansion shall be determined by a total cumulative twenty (20) percent increase in the total square footage of all existing structure(s) within a project area as and since the original date the project area was first proposed. Expansion of an existing project to include adjoining land with existing structures shall not exempt an Applicant or developer from the requirements of this Section.

B.

Sidewalk Design and Construction.

1.

All sidewalks shall be located in accordance with an approved Site Plan and sidewalks may vary in location/placement on a development by development basis depending upon the following factors, including, but not limited to: street trees, type of use, topography of the property to be developed, type of road and associated traffic volume, etc. The preferred guidance for location of sidewalks for proposed developments shall be the most recently adopted Town Comprehensive Transportation Plan.

2.

All required sidewalk improvements shall be designed, constructed, completed and approved in accordance with the standards set forth in the most recently adopted Mecklenburg County Land Development Standards Manual. In the event sidewalk improvements have not been completed at the time of request for Final Plat approval and/or a Certificate of Occupancy, the Final Plat shall be approved and/or the Certificate of Occupancy issued only where an Applicant has submitted a bond or other performance guarantee in accordance with the requirements of Article 6, Section 6.10 (Guarantees and Performance Bonds) for completion of the sidewalk improvements. Any bond or other performance guarantee for sidewalk improvements shall be in addition to any other bond(s) that may be required for other improvements.

3.

Special Requirements Control. To the extent any special requirements (for example in the DO-A or DO-B Overlay Districts or in a Conservation Subdivision) or conditions for approved Conditional Districts contain sidewalk design and/or construction standards, then they shall control over these general requirements; provided however, where the requirements do not directly conflict, then these general requirements shall supplement.

6.2.4

Curb and Gutter.

A.

Curb and Gutter Required. Curb and gutter installation is required as follows:

1.

Along all public streets currently or proposed to be under Town maintenance. Therefore, if a development proposes new Town maintained streets or develops on a parcel that fronts on an existing Town maintained street, curb and gutter shall be installed along all Town right-of-way with any other infrastructure improvements determined to be required in the approval process.

2.

Along all streets existing or proposed within the adopted Downtown Consensus Overlay Boundary Map regardless of maintenance responsibility (Town maintained streets versus NCDOT maintained streets).

3.

Along NCDOT maintained streets if the impact and magnitude of a proposed development requires the construction of a cross section defined in the Town of Mint Hill Comprehensive Transportation Plan (typically any four-lane road or boulevard with a median) then curb and gutter shall be required consistent with the Comprehensive Transportation Plan cross section for the corridor in question. For clarification, a deceleration lane, left turn lane or lane expansion might not necessarily trigger this requirement.

4.

Along NCDOT maintained streets as may be required by NCDOT.

When curb and gutter is required, it shall be installed on streets both fronting and within a proposed development, except for Minor Subdivisions or where a special regulation or condition would prohibit curb and gutter (e.g., an environmentally sensitive area identified and officially designated for low impact development by the Mecklenburg County Water Quality Division or NCDENR). An Applicant may choose between valley curb and gutter or standard curb and gutter styles except:

a.

Where a special regulation or condition requires a particular style (e.g., a requirement of the PCO or the most recent Comprehensive Transportation Plan);

b.

Where a zoning district or overlay district (e.g., DO-A) requires a particular style; or

c.

Where curb and gutter for a proposed development will connect or tie into existing curb and gutter, then the style for the proposed development must match the existing style.

B.

Curb and Gutter Design and Construction.

1.

All required curb and gutter improvements shall be designed, constructed, completed and approved in accordance with the standards set forth in the most recently adopted Mecklenburg County Land Development Standards Manual. In the event curb and gutter improvements have not been completed at the time of request for Final Plat approval and/or a Certificate of Occupancy, the Final Plat shall be approved and/or the Certificate of Occupancy issued only where an Applicant has submitted a bond or other performance guarantee in accordance with the requirements of Article 6, Section 6.10 (Guarantees and Performance Bonds) for completion of the curb and gutter improvements. Any bond or other performance guarantee for curb and gutter improvements shall be in addition to any other bond(s) that may be required for other improvements.

2.

Special Requirements Control. To the extent any special requirements (for example in the DO-A or DO-B Overlay Districts or in a Conservation Subdivision) or conditions for approved Conditional Districts contain curb and gutter design and/or construction standards, then they shall control over these general requirements; provided, however, where the requirements do not directly conflict, then these general requirements shall supplement.

6.2.5

Coordination of Utilities. It shall be the responsibility of the developer of any new subdivision to notify all utility providers (including, but not limited to, power, water/sewer, cable, and telephone) of plans for the subdivision as soon as practical after the approval of the Site Plans by the Planning Board to ensure all the utilities within the development are installed simultaneously to the greatest extent practicable. Easements necessary to accommodate such facilities shall be made available as needed by the developer and as set forth in the approved Site Plan.

(Ord. No. 598, 4-14-2011)