§ 46-76. Road standards and buffering along thoroughfares.

(a)

Public roads.

(1)

All subdivision lots, except as provided herein and in section 58-10, shall abut public roads. All public roads shall be built to the design criteria and construction standards of the state department of transportation and the town for subdivision roads. Streets which are not eligible to be put on the state department of transportation system because there are too few lots or residences shall, nevertheless, be offered for dedication to the public and shall be designed and constructed in accordance with the above-referenced standards. A written maintenance agreement with provision for maintenance of the street until it is accepted as part of the state system shall be included in the final plat.

(2)

Exceptions to the public road frontage requirements shall be as follows: Any lot or tract shall be allowed to have easement lots created for construction of single-family dwellings as the principal use. Creation of such lots is made necessary by virtue of the fact that development of said property by conventional means (i.e., extension of public street) is impractical due to the disproportionate costs of required improvements as compared to the relative value of lots created and is within the spirit and intent of this chapter. These lots shall be created as follows:

a.

The applicant shall submit an application to the planning board with a sketch plat showing the proposed easement lots for approval to proceed further as specified in this section.

b.

All access easements shall be at least 45 feet in width and shall meet or exceed the state department of transportation minimum standards for subdivision road width where possible. The travel surface of said easement shall be at least 16 feet in width. The travel surface need not be paved. The easement shall be maintained at all times in a condition that is passable for service and emergency vehicles.

c.

The creation of easement lots shall follow the procedures of a minor subdivision as outlined in section 46-40. In addition, a statement shall be placed on the subdivision plat acknowledging that said lots were being created upon a privately maintained and recorded easement, and a statement indicating the parties responsible for maintaining the easement.

d.

Creation of such easement lots and access easements shall not impair future extension of an adequate system of public streets to serve such lots.

e.

Easement lots shall not be further subdivided unless the newly created lots abut a public road. Any additional subdivision of easement lots shall be a major subdivision and shall be reviewed using the major subdivision plat approval process.

f.

If public road access becomes available to easement lots, all affected lot owners shall have the easement terminated of record.

(b)

Subdivision street disclosure statement. All streets shown on the final plat shall be designated in accordance with G.S. 136-102.6 and designated as a public street and shall be conclusively presumed an offer of dedication to the public. Where streets are dedicated to the public but not accepted into a municipal or the state system before lots are sold, a statement explaining the status of the street shall be included with the final plat.

(c)

Marginal access street. Where a tract of land to be subdivided adjoins a major or minor thoroughfare as designated on the town zoning map, the subdivider shall be required by the town council to provide a marginal access street parallel to the major thoroughfare or reverse frontage on a minor street for the lots to be developed adjacent to the major thoroughfare. Where reverse frontage is established, private driveways shall be prevented from having direct access to the thoroughfare. In cases where it is not feasible or practical for the subdivider to provide a marginal access street, or when the town council determines that the installation of a marginal access would result in a less desirable subdivision design, the town council may grant an exception to the requirement for a marginal access street. In granting said exception the town council shall find that the spirit and intent of this chapter are preserved and that circumstances particular to the subject property, such as topography or shape of the tract, exist to warrant the exception.

(d)

Buffering along thoroughfares.

(1)

Where side and rear lot lines abut along a thoroughfare as defined in the Weddington Roadway Standards, the subdivider shall provide a natural buffer between the lot lines paralleling the thoroughfare and the thoroughfare road right-of-way. The natural buffer shall materially screen all principal and accessory uses from public view from the thoroughfare. The buffer shall consist of a natural planting or a berm with natural planting. Any walls, fences or other constructed devices shall be allowed within the buffer area, and shall be approved by the zoning administrator.

(2)

The subdivider is encouraged to propose the use of existing natural vegetation and/or topography or a combination of existing features as prescribed in this section when the purpose and intent of this section can be met with such methods.

(3)

Such screening shall be located on the property with the use with which it is associated or required, and shall materially screen the subject use from the view of the adjoining properties. Screening shall be in the form of all natural material, including brick with no exposed cement block. When screening is in the form of natural vegetation, a buffer strip at least ten feet wide shall be planted. This strip shall be free of all encroachments by building, parking areas or impervious coverage.

(4)

The buffer requirement is 100 feet for subdivisions, which is the minimum distance separation from the edge of the road right-of-way. Table 46-76 lists the required planting of trees and shrubs within this buffer. If the required buffer exceeds 15 percent of the total acreage of the parcel, the zoning administrator may reduce the required buffer to an amount equal to 15 percent.

TABLE 46-76

ACRES	< 0.5	0.5	1.0	1.5	2.0	2.5	3.0	3.5	4.0	4.5	5.0	5.5	6.0	6.5	7.0	7.5	8.0	8.5	9.0	9.5	10 or more
TREES (per 100 ft.)	3			4			5			6			7				8				9
SHRUBS (per 100 ft.)	20																				20

 

(5)

Any fence or wall shall be permitted with the following standards:

a.

Constructed in a durable fashion of brick, stone, other masonry materials or wood posts and planks or metal or other materials specifically designed as fencing materials, or any combination thereof as may be approved by the zoning administrator. No more than 25 percent of the fence surface shall be left open, and the finished side of the fence shall face the abutting property. A chainlink fence with plastic, metal or wooden slats may not be used when abutting residential uses and districts;

b.

Walls and fences shall be a minimum height of six feet.

(6)

Required trees and shrubs within the buffer shall meet the following standards:

a.

Forty percent of the required trees within the buffer shall be large mature trees;

b.

All trees shall have a minimum caliper of two inches measured six inches above ground at the time of planting;

c.

Shrubs shall be evergreen and at least three feet tall when planted with the average height of six feet in three to four years. However, 25 percent of the shrubs may vary from the above standard. The allowed variations are as follows:

1.

Shrubs may be deciduous;

2.

Shrubs may be two feet tall when planted, provided an average height of three to four feet is expected as normal growth within four years;

3.

Shrubs planted on a berm may be of lesser height, provided the combined height of the berm and plantings is at least eight feet after four years;

d.

Shrubs and trees shall be on the approved plant list in appendix 1 to chapter 58;

e.

All specifications for the measurement, quality, and installation of trees and shrubs shall be in accordance with the American Standards for Nursery Stock, published by the American Association of Nurserymen, and free of disease; and

f.

Twenty-five percent of all trees will be evergreen.

(7)

Landscaping buffers will have an arrangement of trees and shrubs in the buffer area, which shall be done in a manner that provides a visual separation between abutting land uses. Shrubs shall be massed in rows or groups to achieve the maximum screening effect. Guidelines for the arrangement of plant material are illustrated in table 46-76.

(8)

In the event that it can be demonstrated that existing vegetation meets the intent of this section, but the plant materials are not on the approved list, the zoning administrator may waive the requirements for plant materials. If a plant material is not on the approved list, the zoning administrator may determine whether it is acceptable.

(9)

Berms may be used as screening provided such berms are at least six feet in height with a maximum slope of 4:1 as measured from the exterior property line.

a.

Berms shall be stabilized to prevent erosion and landscaped; and

b.

If a berm is constructed, shrubs are required but the number may be reduced by 25 percent. However, constructing a berm does not modify the number of trees required.

(10)

Required buffers shall not be disturbed for any reason except for required driveways, sidewalks, or other pedestrian or bicycle paths, walls, fences, or required landscaping, landscaping maintenance or replacement, or maintenance and construction of berms, or utility lines. However, utility line construction must meet the following requirements:

a.

The removal of any tree larger than six inches caliper or any dogwood or redbud larger than two inches in caliper shall require the approval of the zoning administrator;

b.

No utility easements shall run longitudinally within a buffer yard.

(11)

To the extent possible, the path cleared for the utility lines shall be replaced with plant materials which are consistent with those that existed prior in the buffer yard.

(12)

In no case shall the plant species of Pueraria lobata (Kudzu) be used for planting with the buffer.

(13)

The developer shall be required to replace any plant material which has not remained viable or has failed to stabilize the soil through two consecutive growing seasons.

(14)

All buffers shall be constructed in a manner that shall allow for adequate sight distance where subdivision streets intersect with the thoroughfare.

(15)

If utilities are located within the buffer yard, then the right-of-way width must be added to the total buffer width, in addition to the required width in table 46-76. This additional buffer width can be added into the calculated lot area.

(16)

If above ground utilities are to remain in the buffer yard, then all landscaping, including the location of a berm, must be located as follows:

a.

Overhead . Trees next to power lines shall be planted using the table below. The measurement shall be made from the nearest edge of the tree trunk.

Distance from power line	Tree specification
40 feet or greater	Any tree listed in appendix I
18 feet or greater	Small maturing trees listed in appendix I. However, trees marked with an asterisk (*) shall not be located within the utility right-of-way.
0—18 feet	Shrubs with a mature height of less than 20 feet.

 

b.

Underground. Roots planted near underground utility or power lines may be damaged in the event that repairs are required. Utmost care shall be taken when planting new trees and when carrying out any excavation work near trees.

(17)

The area of the buffer shall be in addition to the lot area as required by chapter 58, and all setbacks as prescribed in chapter 58 shall be measured from the nearest edge of the buffer to any structure of the lot. The buffer area shall become part of the lot on which it is located, or, in the case of commonly-owned property, shall be deeded to the homeowner's association.

(18)

The preliminary plat shall be accompanied by a statement providing for buffer area permanent maintenance by a method acceptable to the town. Maintenance of the buffer by the town shall not be an acceptable method.

(e)

Access to adjacent properties. Where it is deemed desirable by the town council, proposed streets shall be extended by dedication to the boundary of such property and a temporary turnaround provided.

(f)

Street design and standards. Minimum street right-of-way and pavement widths, as well as other engineering design standards shall be in accordance with the minimum design criteria for subdivision roads as established from time to time, by the division of highways, state department of transportation publication entitled "Subdivision Roads: Minimum Construction Standards", except where modified by the Town of Weddington Roadway Standards.

(g)

Culs-de-sac.

(1)

Permanent dead-end streets shall not exceed 600 feet in length in conventional subdivisions unless necessitated by topography or property accessibility and if the town council grants a modification per section 46-15. In conservation subdivisions, culs-de-sac may be greater than 600 feet in length in order to prevent the degradation and development of primary and secondary lands within the subdivision, thereby conserving the integrity of the conservation subdivision by preserving open space in an unaltered state. Culs-de-sac in conservation subdivisions shall not inhibit emergency vehicular access. The planning board shall review the sketch plan and existing resource and site analysis plan for a conservation subdivision that proposes culs-de-sac greater than 600 feet in length. Measurement shall be from the point where the centerline of the dead-end street intersects with the center of a through street to the center of the turnaround of the cul-de-sac. The distance from the edge of pavement on the vehicular turnaround to the right-of-way line shall not be less than the distance from the edge of pavement to right-of-way line on the street approaching the turnaround. Cul-de-sac pavement and right-of-way diameters shall be in accordance with NCDOT design standards. Designs other than the "bulb" end design with a circular right-of-way will be subject to the approval of the Division Engineer of the Division of Highways, North Carolina Department of Transportation and the town council after review on an individual basis. Culs-de-sac in conventional subdivisions shall not be allowed where connection with an existing street is possible.

(2)

In certain cases where connectivity is either not possible or not recommended, the town may require the installation of one or more emergency access gates. The homeowner's association is responsible for the maintenance, testing and repairs of all functions of emergency access gates. An annual inspection and test of the gate shall be performed and the results submitted to town hall. Any homeowner's association that is found to be in violation shall be required to maintain a service agreement with a qualified contractor to ensure year-round maintenance and to submit a copy of the service agreement to Town Hall.

(h)

Improvements within the town limits.

(1)

Approval of the final plat shall be subject to the subdivider having installed the improvements hereinafter designated or having guaranteed, to the satisfaction of the town council, the installation of said improvements.

(2)

The following requirements shall apply to all streets within the corporate town limits of the town, or if annexation of the subdivision to the town is desired or required by the subdivider:

a.

Grading. All streets shall be graded to their full right-of-way width. Finished grade, cross-section and profile shall be in accordance with the Town of Weddington Standards and the state department of transportation standards, as established herein.

b.

Paving. Road base and paving shall be installed in accordance with the Town of Weddington Standards and the state department of transportation standards, as established herein.

(i)

Street signs. Appropriate street name signs which meet the standards of town/county specifications shall be placed at all street intersections at the subdivider's expense.

(j)

Street layout.

(1)

Conformity to existing maps or plans. Streets shall be designed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, and to the proposed use of land to be served by such streets.

(2)

Continuation of adjoining streets. The proposed street layout shall be coordinated with the street system of the surrounding area. Where possible, existing principal streets shall be extended.

(3)

Large tracts or parcels. Where land is subdivided into parcels larger than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further resubdivision.

(4)

Through traffic discouraged on residential collector and local streets. Residential collector and local streets shall be laid out in such a way that their use by through traffic will be discouraged. Streets shall be designed or walkways offered for dedication to assure convenient access to parks, playgrounds, schools, or other places of public assembly.

(5)

Permits for connection to state roads. An approved permit is required for connection to any existing state system road. This permit is required prior to any construction on the street or road. The application is available at both the Charlotte and Monroe Offices of the Division of Highways.

(6)

Reservation of future right-of-way. Whenever a tract of land to be subdivided includes any part of a major or minor thoroughfare shown on the Mecklenburg-Union Thoroughfare Plan adopted by the town, and whenever such right-of-way has been further defined by acceptable locational procedures sufficient to identify properties to be affected, a right-of-way for the major or minor thoroughfare must be platted in the location and to the width specified in the plan. The subdivider is responsible for the reservation of the right-of-way. All measurements involving minimum lot standards under this chapter will be made at the edge of the full/future right-of-way.

(k)

Utilities. All utility lines (electric, water, sewer, telephone, gas, etc.,) shall be located underground in all subdivisions.

(Ord. No. 04-09-13, § 405, 9-13-2004; Ord. No. O-2005-07, 10-10-2005; Ord. No. O-2006-02, 2-13-2006; Ord. No. O-2006-18, 11-19-2006; Ord. No. O-2007-10, 10-8-2007; Ord. No. O-2010-14, 9-13-2010; Ord. No. O-2011-12, 9-12-2011; Ord. No. O-2014-09, 8-11-2014; Ord. No. O-2014-13, 11-10-2014; Ord. No. O-2014-17, 12-8-2014; Ord. No. O-2015-02, 2-9-2015; Ord. No. O-2017-12, 10-9-2017)