North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter C - SECONDARY ROADS SECTION › Section .0200 - MINIMUM DESIGN AND CONSTRUCTION CRITERIA FOR SUBDIVISION STREETS › Section 02C .0203 - REQUIREMENTS/ADDITION OF SUBDIVISION ROADS TO THE SYSTEM

Current through Register Vol. 39, No. 2, July 15, 2024
The following conditions must be met before the Division of
					 Highways may consider the addition of a subdivision street to the state highway
					 system:
(1) The minimum construction
				  standards and other requirements in this Section must be a part of the proposal
				  to be reviewed for approval before the subdivision map is recorded in the
				  county Register of Deeds Office.
(2) The developer or property owners shall
				  submit a petition for addition (DOT Form SR1) to the Department of
				  Transportation.
(3) Developers or
				  property owners must dedicate right-of-way free of charge and clear of all
				  encumbrances.
(4) Utilities
				  requiring adjustment or relocation to conform to Division of Highways
				  requirements (See Rule .0204 of this Section) shall be made at no expense to
				  the Division of Highways. Existing or relocated utilities may remain within the
				  right-of-way of any subdivision street added to the secondary road system
				  provided the location of same meets Division of Highways' approval and further
				  provided the utility owner executes an encroachment agreement on forms
				  furnished by the Division of highways.
(5) At least 20 percent of the lots bordering
				  the street must be individually owned.
(6) Subdivision access roads must provide
				  ingress and egress for at least five occupied residences for roads less than
				  one mile in length and an average of five occupied residences per mile for
				  roads over one mile in length. A subdivision access road is a road built
				  through vacant property to provide access to the property being developed. This
				  road would not have lots platted along it.
(7) A minimum of four occupied homes is
				  required for the addition of roads less than two-tenths of a mile in length.
				  Cul-de-sacs less than two-tenths mile in length must serve at least four
				  occupied homes. If four occupied homes are not served, it shall be treated as a
				  private drive.
(8) Connecting
				  streets with less than the required occupied homes for the length involved may
				  be reviewed as to traffic usage for addition purposes. Traffic usage equivalent
				  to the traffic that would be generated by the correct number of occupied homes
				  may be acceptable.
(9) Any
				  subdivision street with a right-of-way dedicated, recorded or that has
				  preliminary approval from a county planning board dated after September 30,
				  1975 shall not be added to the state maintained system unless the street is
				  paved to the minimum construction standards of the Division of Highways for
				  subdivision streets.
(10) The
				  Division of Highways may consider the addition of streets that serve
				  developments with large lots or parcels that are of the size that the occupied
				  housing requirement of two homes per tenth of a mile cannot be met. The number
				  of occupied homes needed may be a judgment factor based upon the length and the
				  number of lots or parcels involved. The minimum requirement shall be four
				  occupied homes.
(11) Erosion and
				  sedimentation. All subdivision roads shall have a permanent vegetative cover
				  established and other permanent erosion control measures installed in
				  accordance with Division of Highways' specifications.
(12) Prior to addition to the state system,
				  subdivision roads shall be in an acceptable state of maintenance when
				  petitioned for state maintenance.
(13) All pipe culverts, storm sewers and
				  appurtenances shall be free of all debris and silt build-up and shall be
				  structurally and hydraulically sound, and functioning in a normal manner. All
				  drainage ditches shall be of such a width and depth and with such a slope as to
				  carry the anticipated discharges. Paved ditches or rip rap shall be required
				  where necessary.
Authority
					 G.S.
					 136-18(1);
					 136-44.1;
					 136-102.6;
Eff. April
					 3, 1981;
Amended Eff. December 29, 1993; July 1, 1984; October 1,
					 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.