Unified Development Ordinance

CHAPTER 8. SUBDIVISION & SITE PLAN STANDARDS

CHAPTER 8. SUBDIVISION & SITE PLAN STANDARDS aaron.sheppard… Mon, 05/08/2023 - 10:27

Article 8.1. General Provisions

Article 8.1. General Provisions aaron.sheppard… Mon, 05/08/2023 - 10:28

Sec. 8.1.1. Applicability

Sec. 8.1.1. Applicability aaron.sheppard… Tue, 05/23/2023 - 12:49
  1. This Chapter applies to all development within the City or within the City's extraterritorial jurisdiction as set forth in Sec. 10.2.5. and Sec. 10.2.8.
  2. No construction shall commence until all required plans, profiles and specifications have been reviewed and approved by the City or other governmental approving agency.
  3. No City services or utilities shall be extended or furnished to any development until the applicant has installed the improvements specified in this UDO or guaranteed their installation as provided for in this UDO.
  4. Variances to this Chapter are heard by the Board of Adjustment pursuant to Sec. 10.2.10. Pursuant to Sec. 10.2.18, design alternates where specifically authorized are heard by either the Planning Commission or Design Review Commission performing the quasi-judicial duties of the Planning Commission (as designated by the City Council).
  5. All improvements must conform with all adopted City plans.

Sec. 8.1.2. Phasing

Sec. 8.1.2. Phasing aaron.sheppard… Tue, 05/23/2023 - 12:49
  1. If not otherwise set out as part of the preliminary subdivision plan, lots may be recorded and public improvements may be constructed in phases.
  2. A phasing plan shall be submitted in accordance with Sec. 10.2.5.E.7.

Sec. 8.1.3. Construction Surety

Sec. 8.1.3. Construction Surety aaron.sheppard… Tue, 05/23/2023 - 12:50
  1. If all development-related improvements and installations are not completed and accepted by the City prior to a request to record all or a part of any subdivision or issuance of a building permit for any site plan, whichever first occurs, a security instrument shall be posted, in lieu of completion of the work, in an amount of 125% of the estimated construction cost of the development related improvements which remain incomplete and with surety and conditions satisfactory to the City, providing for and securing to the City the actual construction and installation of improvements. Projects undertaken by the City of Raleigh are exempted from this requirement to provide construction sureties.
  2.  All development-related improvements that are secured by a surety shall be installed prior to the issuance of the first certificate of occupancy within the subdivision phase or prior to the issuance of the first certificate of occupancy for the site plan, whichever event first occurs on the property. Except the final coat of asphalt for street improvements and the  installation of sidewalks, street trees, street lights and permitted street furniture may at the option of the applicant be installed within 36 months following the issuance of the first certificate of occupancy provided surety in the amount of 125% of these improvements are first provided to the City. Where improvements are required on a State-maintained road, a 100% construction surety is required. In this instance, proof of bond or surety with the State must be supplied to the City.
  3. Where the Development Services Director determines that circumstances out of the control of the applicant have prohibited substantial progression of construction, an extension of not more than 2 years on the completion of the final coat of asphalt and installation of sidewalks, street trees, street lights and permitted street furniture may be granted. A surety in the amount of 125% of these improvements shall remain in place during the extension and the warranty period shall not commence until the outstanding items have been installed and inspected.
  4. Where the Development Services Director determines that landscaping in the public right-of-way cannot be installed due to inclement weather conditions, a surety in the amount of 125% of the value of the landscaping shall be provided to the City, in accordance with Sec. 8.5.1.B. The landscaping improvements shall be installed within 30 days of the start of the next October  1 to April 30 planting period.

Sec. 8.1.4. Warranty

Sec. 8.1.4. Warranty aaron.sheppard… Tue, 05/23/2023 - 12:50
  1. All development-related improvements must have a warranty guaranteeing the work against defects for a period of 1 year from the date of warranty period commencement for the respective infrastructure system.
  2. The warranty shall list the City as a beneficiary.
  3. A warranty surety shall be provided in an amount of 15% of the estimated value of the warranted development-related improvements. The surety shall expire 6 months after the expiration of the warranty period.

Sec. 8.1.5. Acceptance

Sec. 8.1.5. Acceptance aaron.sheppard… Tue, 05/23/2023 - 12:51

Any development-related improvements shall not be officially accepted until the improvements have been inspected by the City, corrections are made in the field and on the approved infrastructure construction plans, a reproducible copy of the as-built drawings is provided to the Development Services Department and the warranty required in the previous section is completed.

Sec. 8.1.6. Reservation of Public Land

Sec. 8.1.6. Reservation of Public Land aaron.sheppard… Tue, 05/23/2023 - 12:54
  1. Where a proposed park, greenway, open space, school, fire station or other public use shown in the Comprehensive Plan is located in whole or in part in a development, the City Council may require the reservation of the land for future use.
  2. The reservation shall continue in effect for a period of not more than 1 year from the date of approval of the preliminary plan or site plan. This reservation period may be extended for an additional year upon submission of a letter to the City Council of intent to purchase by the appropriate governmental agency. Further extensions may be permitted upon mutual agreement between the land owner and the City Council, each of which shall not exceed 2 years.

Sec. 8.1.7. Easements

Sec. 8.1.7. Easements aaron.sheppard… Tue, 05/23/2023 - 12:54
  1. Platted easements and deed of easements shall be provided in the locations and dimensions required by the City in order to:
    1. Allow for adequate storm drainage facilities;
    2. Allow for proper installation of water and sewer lines, whether immediately proposed or necessary for adequate service in the future;
    3. Allow for cross-access between properties;
    4. Allow for adequate transit facilities and access;
    5. Allow for adequate pedestrian and bicycle access;
    6. Allow for adequate right-of way for street types;
    7. Allow for adequate public access; and
    8. Allow for adequate slope for roadway construction.
  2. Easement widths shall be specified by the City as necessary to accommodate existing and future needs as well as construction and repair of facilities. for drainage easements, the widths should be sufficient to accommodate areas anticipated to be inundated by stormwater. 

Sec. 8.1.8. Names and Numbering

Sec. 8.1.8. Names and Numbering aaron.sheppard… Tue, 05/23/2023 - 12:55
  1. The proposed name of a subdivision, site plan and proposed street names shall not duplicate or too closely approximate, phonetically, the name of any other subdivision, site plan or street.
  2. Words that are part of a name and are generic in their meaning (e.g. “river,” “woods,” “hills”) shall not be considered as  duplicates of other similar uses of words.
  3. House or building numbers shall conform to the system established for the City.

Sec. 8.1.9. Subdivision Monuments

Sec. 8.1.9. Subdivision Monuments aaron.sheppard… Tue, 05/23/2023 - 12:56
  1. Permanent Markers
    1. Permanent markers shall be placed at locations of the subdivision in accordance with Sec. 8.1.9.B.
    2. Permanent markers must be made of concrete at least 3 feet long and 4 inches square or in diameter with appropriate markings on top. The location and coordinates of each of these markers shall be shown on the subdivision plat.
  2. Coordinate System
    1. Permanent markers shall be placed at one or more corners of the subdivision that are coordinated with a horizontal control monument of some United States or State agency survey system, such as the North Carolina Geodetic Survey System, where such monument is within 2,000 feet of a corner.
    2. Where the North Carolina Grid System coordinates of the monument are on file with the state, the coordinates of both the referenced corner and the monuments used shall be computed and shown in X (easting) and Y (northing) coordinates on the map.
    3. The coordinates shall be identified as based on “NAD 83” indicating North American datum of 1983, or as “NAD 27,” indicating North American datum of 1927. Where such a monument is not available, the tie shall be made to some pertinent and permanent recognizable landmark or identifiable reference point.
  3. Corner Markers
    Corner markers shall be set at the corners of all lots and shall consist of metal pipes not less than ¾ of inch in diameter and 2 feet long.
  4. Reference Mark
    1. Whenever any portion of any lot in the subdivision lies within a special flood hazard area, a reference mark in the form of an “X” indicating the elevation in relation to mean sea level to the nearest 1/10 of 1 foot shall be located on a permanent marker or structure such as a culvert, bridge, head wall or wing wall or as otherwise approved by the Engineering Services Director.
    2. The elevation and a description of the location of the reference mark shall be indicated on the subdivision plats, which contain lots in special flood hazard areas.

Sec. 8.1.10. Fee in Lieu

Sec. 8.1.10. Fee in Lieu aaron.sheppard… Tue, 05/23/2023 - 12:56

Where the Development Services Director determines that construction of public improvements would not be feasible, a fee in lieu may be permitted. In this instance, right-of-way dedication and all necessary easements shall be dedicated to the City. Infrastructure construction plans may be required to determine the extent of public improvements and easements.

Article 8.2. Infrastructure Sufficiency

Article 8.2. Infrastructure Sufficiency aaron.sheppard… Mon, 05/08/2023 - 10:28

Sec. 8.2.1. In General

Sec. 8.2.1. In General aaron.sheppard… Tue, 05/23/2023 - 12:58
  1. To lessen congestion in the streets and to facilitate the efficient and adequate provision of transportation, water and sewage and to secure safety from fire, every subdivision plan and site plan shall be subject to a determination of the sufficiency of infrastructure, as defined below according to the established levels of service in this Article.
  2. Infrastructure shall be considered sufficient where it is demonstrated to have available capacity to accommodate the demand generated by the proposed development as well as other approved developments and PD Master Plans.
  3. In order to avoid undue hardship, the applicant may propose to construct or secure sufficient funding for the facilities necessary to provide capacity to accommodate the proposed development at the adopted level of service. The commitment for construction or advancement of necessary facilities shall be included as a condition of development.

Sec. 8.2.2. Streets

Sec. 8.2.2. Streets aaron.sheppard… Tue, 05/23/2023 - 12:58
  1. Required street capacity shall be measured based on the methodology of the Highway Capacity Manual.
  2. The impact of proposed development shall be measured by AM and PM peak trips based on the methodology of the Institute of Transportation Engineers (ITE).
  3. Adequate streets shall be provided consistent with the requirements of this Chapter provided a level of service E or better is maintained.
  4. There are 3 required traffic impact assessment thresholds:
    1. Trip Generation Report (a test of AM/PM peak hour traffic);
    2. Traffic Assessment (where the AM/PM peak hour traffic fails to meet adequate levels of service, this study reviews queueing and delays); and
    3. Traffic Impact Analysis (where queueing and delays are unacceptable, this full analysis includes calculation of trips, delay, queueing and capacity at intersections).
  5. Where a trip generation report or traffic impact analysis demonstrates a degradation of overall intersection level of service below level of service E or impacts to an existing intersection operating at level of service F, the proposed site plan may be approved provided that:
    1. The residential density does not exceed 50 units per acre; or
    2. The office floor area ratio does not exceed 0.5; or
    3. The floor area ratio for commercial uses does not exceed 0. 25; or
    4. The peak hour delay at the intersection does not exceed what would be produced by development consistent with paragraphs 1., 2. or 3. above as shown by a Traffic Impact Analysis.
    5. Where paragraphs Sec. 8.2.2.E.1., Sec. 8.2.2.E.2., Sec. 8.2.2.E.3. or Sec. 8.2.2.E.4. are selected, the applicant shall prepare and submit a traffic mitigation plan to the Transportation Director. The mitigation plan shall identify capital projects and phasing strategies that would bring the development impact to within the acceptable threshold specified in paragraph E.4 above. This plan may identify improvements undertaken by the private sector, the public sector or both. Site plan approval shall not be granted until the Transportation Director determines that the plan
      provides reasonable and adequate mitigation. Factors to be considered by the Transportation Director include whether: the cost of the mitigation measures exceeds the value of the proposed development; transportation
      demand management strategies including multi-modal improvements are included; alternative access strategies are considered; and new street connections are evaluated.
  6. An exception to Sec. 8.2.2.E. shall be granted for one or more of the following situations:
    1. The City has a capital improvement project within the adopted 5-year Capital Improvement Program that would improve the level of service above level F;
    2. NCDOT has proposed a project within the first 4 years of the adopted 7-year Transportation Improvement Program that would improve the level of service above level F;
    3. There is within ¼ mile of the site plan an existing or funded transit stop that is served by one of the following: fixed or dedicated-guideway transit, 5 vehicles an hour on a single route in 1 direction during peak commuting hours or 10 vehicles an hour in any direction during peak commuting hours;
    4. The site is mapped with a conditional district approved within the prior 20 years that includes a trip budget as a zoning condition; or 5. If the property is zoned Downtown Mixed Use (DX-).
    5. If the property is zoned Downtown Mixed Use (DX-).

Sec. 8.2.3. Water Supply

Sec. 8.2.3. Water Supply aaron.sheppard… Tue, 05/23/2023 - 12:59
  1. Water supply shall be determined based on system capacity and average and peak flows.
  2. The minimum size of any water line shall meet current Public Utilities Handbook requirements and may require off-site improvements. 

Sec. 8.2.4. Wastewater Disposal

Sec. 8.2.4. Wastewater Disposal aaron.sheppard… Tue, 05/23/2023 - 13:00
  1. Wastewater disposal shall be determined based on system capacity and average and peak flows.
  2. The minimum size of any wastewater line shall meet current Public Utilities Handbook requirements and may require off-site improvements.

Sec. 8.2.5. Fire Suppression

Sec. 8.2.5. Fire Suppression aaron.sheppard… Tue, 05/23/2023 - 13:00
  1. Required fire flow shall be determined using the methodology of the Insurance Services Office (ISO).
  2. In determining the impact of the proposed development on fire suppression, the City shall consider water pressure available to the development.

Sec. 8.2.6. Stormwater

Sec. 8.2.6. Stormwater aaron.sheppard… Tue, 05/23/2023 - 13:01
  1. The minimum configuration of any stormwater facility shall meet current Stormwater Manual requirements and may require off-site improvements.
  2. When development of an area changes the flow regime from sheet flow to concentrated flow, the drainage system shall be designed to minimize impacts of the flow on adjoining properties.

Sec. 8.2.7. Transit Infrastructure

Sec. 8.2.7. Transit Infrastructure aaron.sheppard… Tue, 05/23/2023 - 13:03
  1. Transit infrastructure shall be provided in accordance with Article 8.11.
  2. The size and type of the infrastructure required shall be in accordance with Sec.8.11.3.

Article 8.3. Blocks, Lots, Access

Article 8.3. Blocks, Lots, Access aaron.sheppard… Mon, 05/08/2023 - 10:29

Sec. 8.3.1. Intent

Sec. 8.3.1. Intent aaron.sheppard… Tue, 05/23/2023 - 13:07
  1. The intent of the maximum block perimeter and connectivity regulations is to provide a well-connected street network.
  2. Large blocks with limited connectivity discourage walking, contribute to street congestion and add driving distance that can negatively impact emergency services. New streets should be designed to consider future development.
  3. The access regulations are intended to provide a means for safe, efficient and convenient vehicular and pedestrian access within developments and between adjacent developments and to lessen traffic congestion. Pedestrian, bike and vehicular access should be safe, direct and convenient.
  4. A conditional zoning applicant may in accordance with Sec 10.2.4 E.2 offer zoning conditions and supporting documents sufficient to demonstrate to the City Council that development plans submitted to the City will provide for safe, efficient and convenient vehicular, bicycle and pedestrian circulation.

Sec. 8.3.2. Blocks

Sec. 8.3.2. Blocks aaron.sheppard… Tue, 05/23/2023 - 13:08
  1. Block Perimeters
    1. Applicability
      1. Except as set forth in Section 8.3.2.A.1.b. below, the block perimeter standards apply to preliminary subdivision plans, final plats and site plans submitted in accordance with Sec. 10.2.5. and Sec. 10.2.8. These standards can be modified by a zoning condition contained in an adopted conditional zoning ordinance, or a design alternate authorized in this UDO.
      2. Except where a street connection traversing the subject property is shown on the Raleigh Street Plan or an adopted Area Plan, compliance with the maximum block perimeter standards, including maximum dead-end street length, shall not be required when one or more of the following conditions are met:
        1. The site to be developed is below the minimum applicable site area established in the table found in Sec. 8.3.2.A.2.b
        2. The resulting street connection, if completed, would neither reduce the perimeter of the oversized block by at least 20 percent nor result in conforming block perimeters.
        3. The resulting street connection, if completed, would result in a new block perimeter less than 50 percent of the maximum block perimeter length.
        4. The new street or street stub right-of-way, including utility placement easement, would consume more than 15 percent of either the area of the impacted adjacent property or the property to be developed
        5. A sealed traffic study is submitted substantiating that the street connection would lead to an intersection level of service within a residential zoned area of Level of Service (LOS) E or F, exclusive of intersections with major streets as designated on the City's adopted street plan.
        6. The creation (on the property to be developed) or continuation (on an adjacent property) of any new street or street stub would be obstructed by any of the following:
          1. existing improvements where the value of such improvements is more than the land value of the parcel on which the improvements are located;
          2. railroad, or controlled access highway;
          3. watercourse that has one (1) square mile of drainage area or more; or 
          4. previously established tree conservation area, open space or public park.
        7. Blocks recorded on or before September 1, 2013, whose block perimeter length does not exceed 150% of the maximum established in Sec. 8.3.2.A.2.b. 
        8. North Carolina Department of Transportation denies a driveway permit necessary to make the street connection.
        9. The property to be developed or the adjacent property to which any new street or stub street would be continued contains one or more of the following land uses: historic landmark, cemetery, landfill, hospital, school (public or private (k-12)), college, community college, university, places of worship, police station, fire station, EMS station, prison or any residential use in an Attached, Tiny House, or Detached building type on lots no larger than 2 acres.
        10. If any of the following exceptions are used for an exemption to block perimeter standards for new street connectivity, a pedestrian passage meeting the specifications of Sec. 8.5.8 must be incorporated as shown below: i; ii, iii, iv, v, vi.a, vi.d, vii, viii, ix for the following uses: historic landmark, hospital, school (public or private (K-12)), college, community college, university, places of worship.

          1. The passage must be in a location that would meet block perimeter standards if it were a full street connection. 

          2. If the passage extends through a Secondary Tree Conservation Area, the dimensions shall be reduced to 5’ of paved surface within a 10’ easement. 

          3. If the continuation of the pedestrian passage on the adjacent property would be obstructed by either of the following, compliance is not required: Primary Tree Conservation Area; Existing improvements where the value of such improvements is more than twice the land value of the parcel on which the improvements are located. 

    2. Block Standards
      1. Residential blocks must have sufficient width to provide for 2 tiers of residential lots, except where single tier lots are required to accommodate single-loaded streets where across from a public park
        or open space, to allow for unusual topographical conditions or when adjacent to the outer perimeter of a subdivision.  
      2. The following table establishes the maximum block perimeter and maximum length for a dead-end street by zoning district. In the event that a single block contains more than 1 zoning district, the least
        restrictive requirement applies.
         
          Block Perimeter (max) Dead-End Street (max) Min. Site Area Applicable (acres)
        R-1, R-2, R-4, R-6: By Average Lot Size on Block
        40,000+ sf 8,000' 1,000' 34
        20,000 - 39,999 sf 6,000' 750' 19
        10,000 - 19,999 sf 5,000' 600' 13
        6,000 - 9,999 sf 4,500' 550' 11
        up to 5,999 sf 3,000' 400' 5
        R-10: By District
        R-10 2,500' 300' 3
        Mixed Use Districts
        DX-, -TOD 2,000' Not allowed 2
        RX-, NX-, CX-, OX-: up to 4 stories 3,000' 400' 5
        RX-, NX-, CX-, OX-: 5+ stories 2,500' 300' 3
        OP-, IX- 4,000' 500' 9
        Special Districts
        CM, AP n/a n/a n/a
        IH n/a n/a n/a
        MH 3,000' 400' 5
        CMP, PD 4,000' unless established in master plan 500' unless established in master plan 9
        Image
        8-3-2-a-2
  2. Block Measurement
    1. A block is bounded by a public right-of-way (not including an alley). All public rights-of-way proposed as part of a development must be improved with a street.
    2. Block perimeter is measured along the edge of the property adjoining the public right-of-way. Dead-end streets are measured from intersecting centerlines. 
    3. The maximum block perimeter shall be permitted to extend by 50% where the block includes a pedestrian passage (see Sec. 8.4.8.) or an alley (Sec. 8.4.7.) that connects the two streets on opposing block faces including pedestrian passages and alleys that connect dead-end streets.  
    4. A block shall be permitted to be broken by a civic building or open lot, provided the lot is at least 50 feet wide and deep and provides a pedestrian passage meeting the requirements of Sec. 8.4.8. that directly connects the two streets on each block face.
    5. Within a single phase of any subdivision or development, individual block perimeters shall be permitted to exceed the maximum by 25% provided that the average of all block perimeters in the phase does not exceed the maximum. 
    6. Where the block pattern is interrupted by public parkland, including greenways, that is open and accessible to the public, pedestrian access points shall be provided with a minimum spacing equal to ½ of the maximum block perimeter.
      Image
      8-3-2-b-6

Sec. 8.3.3. Lots

Sec. 8.3.3. Lots aaron.sheppard… Tue, 05/23/2023 - 13:08
  1. Lot Frontage
    Every lot shall have frontage on a public street, with the following exceptions:
    Lots as part of a development which was approved for private streets prior to the effective date of this UDO.
    1. Individual lots within a Cottage Court that meet the requirements of Sec. 2.6.1.
    2. A townhouse lot or townhouse building/structure may front on parking lots or drive aisles, provided that the entrance of each townhouse unit is located within 300 feet of the intersection of an access point and a dedicated public street.

      Except as otherwise stated in this UDO, all lots must front on a street that has a pavement width of at least 20 feet.
  2. Lot Arrangement
    1. Lots shall be subdivided to permit conformance with all laws and ordinances and to ensure for orderly urban growth, proper building arrangement and to provide City services and facilities.
    2. Lot dimensions shall provide for the potential development of all lots and future compliance with the development standards of this UDO.
  3. Principal Structures Per Lot
    In the R-1, R-2, R-4 and R-6 districts, only 1 principal structure is permitted per lot. This does not include cottage courts, townhomes and apartments, condominiums or specifically allowed nonresidential uses as set forth in Sec. 6.1.4.
  4. Lot Dimensions
    Lots that are occupied or are intended to be occupied shall conform with the minimum lot size, lot width and lot depth requirements provided under Chapter 2. Residential Districts, Chapter 3. Mixed Use Districts and Chapter 5. Overlay  Districts.
  5. Recombination of Lots
    The recombination of lots shall be done in accordance with Sec. 10.2.6.

Sec. 8.3.4. Subdivision Access

Sec. 8.3.4. Subdivision Access aaron.sheppard… Tue, 05/23/2023 - 13:09
  1. Open Access
    Subdivisions must provide roadways that remain permanently open to the public and provide community-wide access as part of an overall connected street network.
  2. Connectivity Required
    Proposed streets must be interconnected and must connect with adjacent streets external to the subdivision in order to provide multiple routes for pedestrian and vehicle trips from, to and within the subdivision.
  3. Stub Streets
    1. The following stub street standards listed below shall apply, unless:
      1. The standards described in Sec. 8.3.2.A.1.b are applicable, except for subsections b.i and b.vii;
      2. An adopted conditional zoning ordinance contains a zoning condition as allowed in Sec. 10.2.4.E.2.c; or
      3. A design alternate has been granted.
    2. Where a development adjoins unsubdivided land, stub streets within the new subdivision shall be extended to the meet maximum block perimeter standards of Sec. 8.3.2.
    3. The stub street must be extended to the boundary of the abutting property to the point where the connection to the anticipated street is expected.
    4. Stub streets must be located so that the portion of the block perimeter located on the subject property does not exceed 50% of the applicable block perimeter maximum.
    5. If a stub street exists on an abutting property, the street system of any new development plan must connect to the stub street to form a through street.
    6. When the entirety of a creek crossing is in the subdivision, the crossing must be in a single phase in its entirety.
    7. When stubbing to the edge of the site, the stub street will be built to the furthest point possible without NCDEQ approval and a fee in lieu of construction is paid for the remainder. Any right-of-way and slope easements needed to build the connection shall be dedicated.
      Image
      8-3-4-c-7
    8. Where a stub street is provided, a barricade using a design approved by the Development Services Director must be constructed at the end of the stub street, pending the extension of the street into abutting property. A sign noting the future street extension shall be posted at the applicant’s expense.
  4. Greenway Connections 

    Subdivisions containing or adjacent to a property containing existing greenway trails must provide at least one pedestrian access connection from the internal pedestrian network, vehicle parking area, or driveway to the existing greenway trail, except in situations listed in subsection 4 below. 

    1. Pedestrian access connections are required based on the length that the subdivision parallels the greenway: 

      1. 1’-1,320’: One connection

      2. 1,320’-2,640’: Two connections, plus one additional connection for each additional 1,320’ 

    2. Pedestrian access connections shall conform to City of Raleigh greenway standard design details. The pedestrian access surface shall be constructed of concrete, asphalt or other fixed, firm and nonslip material as approved by the Development Services Director. Connections must be ADA compliant unless impractical due to the existence of slopes in excess of 25% within 10 feet of the property line.

    3. If the greenway trail is not on the subject property, an access stub to the property on which the greenway trail is located shall be provided if requested by the City of Raleigh. 

    4. No connections are required in the following cases: 

      1.  In the R-1, R-2, Heavy Industrial, and Agriculture Productive zoning districts.

      2. For any subdivision smaller than two acres. 

      3. A subdivision in a Residential (R-) district where there are fewer than four lots per acre. 

      4. If the connection would require crossing a USGS blueline stream

Sec. 8.3.5. Site Access

Sec. 8.3.5. Site Access aaron.sheppard… Tue, 05/23/2023 - 13:09
  1. General Access Requirements
    1. All existing and proposed development must provide vehicular, pedestrian and bicycle ingress and egress to and from a street or an abutting site.
    2. All on-site parking areas must have vehicular access from a street, an alley, a drive aisle or a cross-access easement.
    3. All on-site parking areas must be designed to allow vehicles to enter and exit the parking area in a forward motion, unless otherwise approved by the Development Services Director. An improved alley may be used as maneuvering space for access to on-site parking areas.
    4. The requirements of Sec. 8.3.4.C. shall apply to site plans submitted in accordance with Sec. 10.2.8
  2. Pedestrian Access
    1. All existing and proposed development must provide ADA compliant pedestrian access connecting main entrances of buildings, establishments or uses on a site that allows for public access, with all other public entrances and with available access points including parking, streets, sidewalks and transit stops with the exception of the following uses which are exempt:
      1. Single- or two-unit living;
      2. Multi-unit living with 6 or fewer dwelling units;
      3. Agricultural use;
      4. Parks, open space and greenways;
      5. Cemetery;
      6. Telecommunication tower;
      7. Off-premise sign;
      8. Minor utilities;
      9. Prisons; and
      10. Other uses not containing a principal building on the premise (with the exception of a parking facility).
    2. Pedestrian access shall consist of an accessible, easily-discernible and ADA compliant walkway or multi-use path with a minimum width of 5 feet.
    3. The pedestrian access surface located on private property shall be constructed of concrete, asphalt or other ADA approved fixed, firm and nonslip material as approved by the Development Services Director.
    4. Pedestrian access routes between buildings and public rights-of-way shall be physically separated from vehicular surface areas, except where required to cross a drive aisle; such crossings shall be perpendicular wherever practicable.
    5. Site plans containing multiple principal buildings shall submit a phasing plan. The phasing plan shall include all necessary elements to address phasing of walkway construction for the existing principal buildings and uses on the site as new buildings and building expansion occurs in the future.
  3. Driveways
    1. All Driveways
      1. All driveway design and construction must comply with the Raleigh Street Design Manual, or the Fire Code when conflict exists.
      2. Driveway dimensions measured at the street right-of-way shall be in accordance with the following table:
          Width (min) Width (max) Radius (max)
        Residential on a local street, up to 6 off-street parking spaces 10' 18' 10'
        Residential 7+ off-street parking spaces (one way) 12' 16' 10'
        Residential 7+ off-street parking spaces (two-way) 20' 24' 10'
        Mixed Use/Commercial (one-way) 12' 18' 12'
        Mixed Use/Commercial (two-way) 20' 32' 15'
        Industrial/Service 30' 40' 30'
      3. Wider driveways shall be allowed where:
        1. required by the turning radii of vehicles accessing the site or to accommodate existing topography as certified by a licensed design or engineering professional; or
        2. a traffic report certified by a licensed design or engineering professional indicates the need for a wider driveway.
      4. Nothing in this section shall prevent all site access to any property.
    2.  Driveways for Residential Uses
      Residential driveway spacing standards are only applicable to driveways serving a maximum of two dwelling units. All other development types are subject to Nonresidential standards. Unless modified by a zoning condition
      contained in an adopted conditional zoning ordinance or a design alternate authorized in this UDO, the regulations in subsection C.2 shall apply.
      1. When an improved alley with a width of at least 20 feet is provided, all vehicular access shall take place from the alley. Access may be taken from the side street on corner lots.
      2. Except for townhouse lots, tiny house lots and flag lots (including their residual lots), all lots 40 feet or less in width platted after the effective date of this UDO are required to take vehicular access from an alley or a driveway shared with another lot.
      3. No residential lot may have more than 2 driveways on the same street. Multiple driveways that service 1 lot may be no closer than 40 feet to each other.
      4. Non-alley loaded driveways may intersect a street no closer than 20 feet from the intersection of 2 street rights-of-way.
      5. Parking and driveway areas shall not constitute more than 40% of the area between the front building line and the front property line with the exception of lots used for Tiny Houses (including Flag Lots).
      6. A driveway serving a tiny house lot or flag lot (including their residual lots) shall either be shared with another lot or meet the minimum spacing requirements as specified in the Raleigh Street Design Manual.
    3. Driveways for Mixed Use and Nonresidential Uses
      Unless modified by a zoning condition contained in an adopted conditional zoning ordinance or a design alternate authorized in this UDO, the regulations in subsection C.3 shall apply.
      1. If on-site parking areas can be accessed from an improved alley with a right-of-way of at least 24 feet in width, access from the alley is required and new curb cuts along the public right-of-way are not allowed.
      2. Driveways are allowed based on the property frontage of any street. Additional driveways require approval from the Development Services Director.
      3. Driveways accessing up to 80-foot wide street rights-of-way must be spaced 200 feet apart centerline to centerline and driveways accessing more than an 80-foot wide street right-of-way must be spaced 300 feet apart centerline to centerline.
      4. A driveway serving any non-residential use or multi-unit living shall not be permitted to access neighborhood yield or neighborhood local streets unless the proposed access point is the lesser of 300’ from an avenue, boulevard or parkway, or the intersection of another public street.
      5. Offers of cross-access shall be prohibited where a proposed non residential use or multi-unit living may potentially obtain access from a neighborhood or residential street, unless the resulting access meets the
        provisions of subsection d above.
      6. Driveways may intersect a street no closer than 50 feet from the intersection of two street rights-of-way, not including an alley.
      7. Service and loading driveways integrated into a building or parking structure are exempt from the driveway spacing requirements. Parking structure driveways for passenger vehicle ingress/egress are subject to spacing requirements consistent with Raleigh Street Design Manual -Chapter 3, shown on each street cross-section.
  4. Cross-Access
    All lots abutting a street other than a local street shall comply with the following standards:
    1. Internal vehicular circulation areas shall be designed and installed to allow for cross-access between abutting lots.
    2. When an abutting owner refuses in writing to allow construction of the internal vehicular circulation on their property, a stub for future cross-access shall be provided as close as possible to the common property line.
    3. Rights of vehicular and pedestrian access shall be granted to all abutting properties contemporaneously with the recording of the final subdivision plat or prior to issuance of a building permit for an approved site plan,
      whichever event first occurs on the property after September 1, 2013. This right of cross-access shall be recorded by plat in the register of deeds office in the county where the property is located. By the end of the next business
      day following the recordation, the applicant shall provide to Development Services evidence of recordation of the cross-access agreement. No building permit will be issued until evidence of recordation of the cross-access
      agreement is provided to the City.
    4. The content of the cross-access agreement required by the City shall be as follows:
      1.  Pedestrian and vehicular access is granted to all properties on the same block face as the property owner establishing the cross-access. The owner may make the pedestrian and vehicular access contingent upon
        the granting of reciprocal vehicular and pedestrian access right to the granting property.
      2. The location of the pedestrian and vehicular access is described as over all sidewalks, vehicular drives and driveways located on the property which are designated to be used by the public or by specific metes and bounds.
      3. The beneficiaries granted access rights include the lot owners, their successors, heirs and assigns, tenants and subtenants, lenders, employees, customers and guests.
      4. Each lot owner is required to maintain the vehicular and pedestrian access areas on their lot. Maintenance shall include, but not be limited to repair, fixing potholes and repaving.
      5. All lot owners and tenants granted vehicular and pedestrian access rights shall have the right together with their contractors, but not obligation, to maintain all portions of pedestrian vehicular and access ways. If such owners, tenants and their contractors engage in any maintenance activities off their lot, they shall have the right of contribution to be reimbursed for their actual expenses from the defaulting lot owner, provided at least 30 days prior written notice is first provided to the defaulting lot owner.
      6. A temporary construction easement is granted to the abutting lot owner and tenants and their contractors to enter the adjoining property to install connecting internal drives not previously extended to the property line.
      7. A notice provision explaining how and where to send written notice.
      8. A provision prohibiting the erection of fences walls and other obstructions that prevent the use of vehicular and pedestrian access ways.
      9. A statement that the cross access agreement runs with the land and it is binding on all successors, heirs and assigns and that the easement rights are perpetual.
      10. A statement that the cross access agreement is a requirement of the Raleigh City Code and that it may not be terminated or amended without the written consent of the Transportation Director and such amendments and terminations that are in violation of the Raleigh City Code are void ab initio.
      11. The cross access agreement shall be signed by all of owners of the granting property.
      12. All lenders and their trustees with interests in the granting property shall subordinate their security interests to the cross access agreement.
      13. The cross access agreement must be certified by an attorney licensed to practice law in the State of North Carolina, confirming compliance with all of all provisions of Sec. 8.3.5.D.
    5.  Cross-access requirements described in Sec. 8.3.5.D. shall not apply when one or more of the following conditions are met:
      1. The abutting property (to which a driveway is to be stubbed) is in a residential zoning district (except for R-10) or occupied by an Attached, Detached or Townhouse building type.
      2. The creation (on the property to be developed) or continuation (on an adjacent property) of any cross access driveway or driveway stub would be obstructed by any of the following:
        1. existing improvements where the value of such improvements is more than the land value of the parcel on which the improvements are located;
        2. railroad, or controlled access highway;
        3. steep slopes in excess of 25% within 10 feet of the property line,
        4. watercourse that has one (1) square mile of drainage area or more; or
          1. previously established tree conservation area, open space or public park.
      3.  The property to be developed or the adjacent property to which any cross access driveway or driveway stub would be continued contains one or more of the following land uses: historic landmark, cemetery, landfill, hospital, school (public or private (k-12)), college, community college, university, places of worship, police station, fire station, EMS station or prison.
  5. Greenway Connections 

    Sites containing or adjacent to a property containing existing greenway trails must provide at least one pedestrian access connection from the internal pedestrian network, vehicle parking area, or driveway to the existing greenway trail, except in situations listed in subsection 5 below. 

    1. Pedestrian access connections are required based on the length that the site parallels the greenway: 

      1. 1’-1,320’: One connection

      2. 1,320’-2,640’: Two connections, plus one additional connection for each additional 1,320’ 

    2. Pedestrian access connections shall conform to City of Raleigh greenway standard design details. The pedestrian access surface shall be constructed of concrete, asphalt or other fixed, firm and nonslip material as approved by the Development Services Director. Connections must be ADA compliant unless impractical due to the existence of slopes in excess of 25% within 10 feet of the property line. 

    3. If the greenway trail is not on the subject property, an access stub to the property on which the greenway trail is located shall be provided if requested by the City of Raleigh. 

    4. The area used for the pedestrian access connection may count toward Outdoor Amenity Area requirements, if any. 

    5. No connections are required in the following cases: 

      1. In the R-1, R-2, Heavy Industrial, and Agriculture Productive zoning districts.

      2. For a site in a Residential (R-) district that is smaller than two acres or where density is below four units per acre.

      3. For a site in district other than a Residential (R-) district that is smaller than a half acre or where the primary use is in the Industrial use category. 

      4. If the connection would require crossing a USGS blueline stream. 

Sec. 8.3.6. Design Alternates Relating to Blocks, Lots and Access

Sec. 8.3.6. Design Alternates Relating to Blocks, Lots and Access aaron.sheppard… Tue, 05/23/2023 - 13:10
  1. The Planning Commission or Design Review Commission performing the quasi judicial duties of the Planning Commission (as designated by the City Council) shall conduct a duly noticed, evidentiary hearing, in accordance with Sec. 10.2.18, and approve a design alternate from the provisions of Sec. 8.3.2, 8.3.4 and 8.3.5 relating to blocks, lots and access, upon a showing of all of the findings set forth below:
    1. The approved design alternate is consistent with the intent of Sections 8.3.28.3.4 and 8.3.5;
    2. The approved design alternate does not increase congestion or compromise safety;
    3. The approved design alternate does not conflict with an approved or built roadway construction project adjacent to or in the vicinity of the site (no design alternate shall be approved when the City Council has authorized a roadway project in the vicinity, where the roadway design has not yet been finalized); and
    4. The design alternate is deemed reasonable due to one or more of the following:
      1. Given the existing physical environment, compliance is not physically feasible;
      2. Compliance would not meaningfully improve connectivity;
      3. Compliance is not compatible with adjacent use[s]; or
      4. The burden of compliance is not reasonable given the size of the site or intensity of the development.

Article 8.4. New and Existing Streets

Article 8.4. New and Existing Streets aaron.sheppard… Mon, 05/08/2023 - 10:29

Sec. 8.4.1. General Provisions

Sec. 8.4.1. General Provisions aaron.sheppard… Tue, 05/23/2023 - 13:11

This Article describes regulations for the construction and acceptance of streets and streetscapes throughout the City. It is intended to address when street and streetscape improvements are appropriate through the application of the identified street types in Article 8.5. The City has adopted a separate Street Design Manual which provides further details.

  1. Intent
    1. The intent of these regulations is to provide the method of application and installation of new streets and streetscapes or expansion of existing streets and streetscapes.
    2. Design adjustments approved by the Planning Commission pursuant to Sec. 10.2.18 may be appropriate when the applicant can prove the showings identified in Sec. 10.2.18 in a quasi-judicial public hearing.
  2. Applicability
    1. Any new development activity and any addition or repair subject to the requirements of Sec. 10.2.5. and Sec. 10.2.8. must meet street type and streetscape standards of this Article 8.4, Article 8.5, or adopted Streetscape Plan, as applicable, for streets abutting the subject property. When a development plan proposes the construction of a new street or expansion of an existing street the requirements of this Article apply. In the event there is an adopted Streetscape Plan that applies to the subject property, the standards of the Streetscape Plan shall apply in lieu of the standards of Articles 8.4 and 8.5.

    2. Sidewalks, streets, and street trees must be installed and constructed in accordance with this Article and the Raleigh Street Plan Map. The streetscape types identified in Article 8.5 shall be applied based on the zoning and frontage type applied to the property

    3. In the downtown area bounded at the northern edge by a line beginning at the northwest corner of the intersection of W. North Street and N. West Street; running east to the northeast corner of the intersection of E. North Street and N. Person Street; running north to the northeast corner of the intersection of N. Person Street and Oakwood Avenue; running east to the northeast corner of the intersection of Oakwood Avenue and N. East Street; and bounded at the eastern edge by a line beginning at the northeast corner of the intersection of Oakwood Avenue and N. East Street, running south to the southeast corner of the intersection of S. East Street and E. South Street; and bounded at the southern edge by a line beginning at the southeast corner of the intersection of S. East Street and E. South Street, running west to the southwest corner of the intersection of W. South Street and S. West Street; and bounded at the western edge by a line beginning at the southwest corner of the intersection of W. South Street and S. West Street, running north to the place of beginning, at the northwest corner of the intersection of W. North Street and N. West Street, inclusive of same, application of this Article and Article 8.5 shall not require dedication of additional right-of-way width, utility placement easement, or maintenance strip or widening of the back of curb to back of curb width for existing streets. Compliance with all remaining elements of the designated streetscape shall be required. If a proposed street is shown in the Comprehensive Plan within this geographic area, the street shall be required at time of development plan review in accordance with Articles 8.4 and 8.5.
    4. Image
      8-4-1-b-3
    5. A payment in lieu of installation shall be required where the construction of improvements would:
      1. Result in less than 1/2 of a block of improvements and where the block has no other improvements; and
      2. Result in a disconnected section of public improvements, where the new public improvements are not contiguous to any other public improvements.
      3. Notwithstanding the forgoing, right-of-way dedication shall be required to meet the applicable street cross section.
    6. Where application of this Article results in installation of a sidewalk on private property, an easement for public access over such sidewalk shall be conveyed to the City.
  3. Letter of Acceptance Required
    1. Sidewalks, streets and street trees must be installed prior to the issuance of a letter of final acceptance.
    2. A letter of acceptance may be issued in accordance with Sec. 8.1.3. where the City of Raleigh determines that landscaping in the public right-of-way cannot be installed within the adopted planting period (October 1st to April 30th) or where the Parks Recreation and Cultural Resources Director determines that due to inclement weather conditions, a landscape agreement and a surety in the amount of 125% of the value of the landscaping shall be provided to the City. The landscaping improvements shall be installed within the next planting period from the issuance of the landscape agreement.
  4. Streetscape Tree Planting
    1. Unless otherwise noted below, all trees planted in accordance with this Article and Article 8.5 must be shade trees.
    2. Where overhead utilities exist, one understory tree shall be planted every 20 feet on center, on average. Required understory trees may be installed within GSI practices. Up to 20% of required understory trees may be offset by installing vegetated GSI practices, such as stormwater planter boxes. A maintenance plan must be approved for the GSI practice according to Sec. 9.2.2.D.
    3. All required street trees must meet the design and installation requirements of Sec. 7.2.7. If a GSI practice is part of an approved stormwater management plan for the site, required street trees may be installed within the GSI practice. A maintenance plan must be approved for the GSI practice according to Sec. 9.2.2.D.
    4. Where development abuts a street controlled by the North Carolina Department of Transportation, and when permitted by the North Carolina Department of Transportation, the location priority for street trees shall be
      highest to lowest as follows:
      1. As set forth in the respective typical street type cross-section described in Article 8.5;
      2. If at least 3.5 feet exist between the sidewalk and back of curb, street trees shall be placed between the sidewalk and back of curb;
      3. If no building is constructed within ten feet of the right-of-way line; and if there exists no less than 3.5 feet between the sidewalk and outer right of-way, street trees shall be placed between the sidewalk and the outer right-of-way line;
      4. If none of the above can be met, or if the North Carolina Department of Transportation does not allow the location of street trees in the right-of way, street trees shall be placed on private property within fifteen feet of the right-of-way line, where the utility easement is no longer required. 
    5. Where development abuts a street controlled by the City of Raleigh, the location priority for street trees shall be highest to lowest as follows:
      1. As set forth in the respective typical street type cross-section described in Article 8.5;
      2. If at least 3.5 feet exist between the sidewalk and back of curb, street trees shall be placed between sidewalk and back of curb;
      3. If at least 3.5 feet exist between sidewalk and right-of-way line and no building is constructed within ten feet of the right-of-way line, then between the sidewalk and right-of-way line; and
      4. If none of the above conditions are met, street trees shall be placed on private property within fifteen feet of the right-of-way line.

        ​​If an existing obstruction prevents the installation of street trees in priority levels (a), (b), or (c) above, and the cost of relocating such obstruction exceeds the fee-in-lieu cost for installing street trees, then street trees shall be placed in the next highest priority location.
    6. If street trees are placed on private property in accordance with subsections D.4 and D.5 above, the five foot general utility easement shall not be required. The utilities that would otherwise be placed within this easement
      shall be located within the landscape strip within the right-of-way.
    7. No installation of street trees shall be required where application of Sec. 8.4.1.D.4. or Sec. 8.4.1.D.5 requires installation of street trees on private property where the site is subject to any one or more of the following:
      1. Parkway (PK) or Green Plus (GP) frontage zoning designation;
      2. SHOD-1 or SHOD-2 zoning designation;
      3. Metro Park Overlay zoning designation;
      4. Any watershed protection overlay zoning designation;
      5. Tree conservation area along street frontage;
      6. The application of a zoning condition requires buffering along the street frontage at a standard width and vegetative density that is equal or greater to the width and vegetative density standards of a Type C2  street protective yard; or
      7. The proposed use of the property requires installation of a Type C2 street protective yard.
  5. Non-conforming Streetscapes
    1. Reduce the planting area. If necessary, replace large canopy trees with trees that are more appropriate for the reduced area.
    2. If the planting zone is eliminated, create a bump out to provide for tree planting.
    3. Eliminate the planting area.
    4. Reduce the sidewalk to the minimum.
  6. Where the installation or expansion of a streetscape along an existing street is  constrained by an existing building, the streetscape standard dimensions shall be reduced to the minimum extent to accommodate the existing area between
    the face of the building and back of curb. The standards shall be modified in the following order:
  7. Existing Private Streets
    1. No new private streets are allowed.
    2. All existing private streets must remain under maintenance of the homeowners' association and must be  maintained to equivalent public street standards.
    3. Private alleys must be constructed to the standards in Sec. 8.5.6. and the construction standards specified in the Raleigh Street Design Manual.
    4. Private alleys are not dedicated to the public and shall not be publicly maintained.
    5. In no case shall the City be responsible for failing to provide any emergency or regular fire, police or other public service when such failure is due to lack of access to such areas due to inadequate design or construction, blocking of access routes, inadequate maintenance or any other factor within the control of the developer, homeowners' association or occupants.
    6. In no case shall any approval, permit or certificate granted be valid unless the homeowners' association documents clearly indicate the limitations of governmental responsibility and unless all conveyances indicate those limitations provided, however, the provisions of this section and all other provisions of the homeowners' declaration are applicable to the portions of the development conveyed and the owners of the conveyed portion,
      whether or not any such provisions are incorporated into the conveying documents.
    7. Any private street in existence or approved prior to September 1, 2013 may be considered for gated access.
    8. All private streets and drives with access limited by locked gates or similar devices must provide a pass-key and lock-box of a type, at a location and installed in a manner as may be required by the City Fire Department for the
      provision of emergency access.
    9. The owner, including any homeowners' association, shall maintain the lockbox, gate and gate lock in a working order so as to ensure accessibility by emergency personnel and vehicles.
    10. The City and other applicable governmental entities and their respective emergency personnel shall be granted in writing the right, without liability, to break the locked gate or such similar device when emergency personnel
      reasonably believe that doing so is necessary to save life, prevent serious bodily harm, put out a Fire, to prevent a crime or to apprehend an apparent lawbreaker or to avert or control a public catastrophe.
    11. It shall be the responsibility of the homeowners' association to establish speed limits and to maintain uninterrupted traffic flow along all private streets. If it is necessary for "no parking" signs to be erected, for street lights to be installed, for repairs to be made or towing of vehicles to be undertaken, this is all to be done at the expense of the homeowners' association.
    12. All private streets must contain identification as required in Sec. 7.3.13.H.
    13. All private streets shall be treated as public street rights-of-way for purposes of determining required setbacks and lot widths.
    14. The final plat shall be conditioned as follows:
      1. Require perpetual maintenance of private streets by a homeowners' association to the same standards as connecting public streets for the safe use of persons using the streets; and
      2. State that the City has absolutely no obligation or intention to ever accept such streets as public right-of-way.
  8. Design Alternates Relating to New and Existing Streets (Article 8.4).
    The Planning Commission or Design Review Commission performing the quasi-judicial duties of the Planning Commission (as designated by the City Council) shall, in accordance with Sec. 10.1.8, approve a design alternate from the provisions of
    Article 8.4 relating to streets, upon a showing of all of the findings set forth below:
    1. The approved design alternate is consistent with the intent of Article 8.4;
    2. The approved design alternate does not increase congestion or compromise safety;
    3. The approved design alternate does not create additional maintenance responsibilities for the City;
    4. The approved design alternate has been designed and certified by a Professional Engineer, or such other design professional licensed to design, seal and certify the alternate;
    5. The approved design alternate will not adversely impact stormwater collection and conveyance; and
    6. The design alternate is deemed reasonable due to one or more of the following:
      1. Given the existing physical environment, including but not limited to the following, compliance is not physically feasible:
        1. an existing building would impede roadway expansion; or
        2. transitioning from a different street section; or
      2. The burden of compliance is not reasonable given the size of the site or intensity of the development.

Article 8.5. Street Cross Sections

Article 8.5. Street Cross Sections aaron.sheppard… Mon, 05/08/2023 - 10:30

Sec. 8.5.1. General Provisions

Sec. 8.5.1. General Provisions aaron.sheppard… Tue, 05/23/2023 - 13:11

This Article provides the dimensional standards for streets and streetscapes throughout the City. The City has adopted a separate Street Design Manual which provides further details.

  1. Intent
    1. The intent of these regulations is to provide a palette of street typologies and design elements that reflect the character of different areas within the City and provide the application of the street typology map contained within the 2030 Comprehensive Plan. 
    2. The street regulations provide adequate travel lanes for vehicles, cyclists and pedestrians.
    3. Design Alternates approved by the Planning Commission or Design Review Commission performing the quasi-judicial duties of the Planning Commission (as designated by the City Council) shall be approved when the applicant can prove the showings in a evidentiary hearing.
  2. Design Alternates Relating to Street Cross Sections
    The Planning Commission or Design Review Commission performing the quasi judicial duties of the Planning Commission (as designated by the City Council) shall, in accordance with Sec. 10.1.8, approve a design alternate from the provisions of Article 8.5 relating to street cross sections, upon a showing of all of the findings set forth in below:
    1. The approved design alternate is consistent with the intent of Article 8.5;
    2. The approved design alternate does not increase congestion or compromise safety;
    3. The approved design alternate does not create additional maintenance responsibilities for the City;
    4. The approved design alternate has been designed and certified by a Professional Engineer, or such other design professional licensed to design, seal and certify the alternate; 
    5. The approved design alternate will not adversely impact stormwater collection and conveyance; and
    6. The design alternate is deemed reasonable due to one or more of the following:
      1. Given the existing physical environment, including but not limited to the following, compliance is not physically feasible:
        1. an existing building would impede roadway expansion; or
        2. transitioning from a different street section; or
      2. The burden of compliance is not reasonable given the size of the site or intensity of the development.

Sec. 8.5.2. Street Types

Sec. 8.5.2. Street Types aaron.sheppard… Tue, 05/23/2023 - 13:11
  1. Sensitive Area Streets
    1. Sensitive Area Parkway
    2. Sensitive Area Avenue
    3. Sensitive Area Residential Street
  2. Local Streets
    1. Neighborhood Yield
    2. Neighborhood Local
    3. Neighborhood Street
    4. Multifamily Street
  3. Mixed Use Streets
    1. Avenue 2-Lane, Undivided
    2. Avenue 2-Lane, Divided
    3. Avenue 3-Lane, Parallel Parking
    4. Main Street, Parallel Parking
    5. Main Street, Angle Parking
  4. Major Streets
    1. Avenue 4-Lane, Parallel Parking
    2. Avenue 4-Lane, Divided
    3. Avenue 6-Lane, Divided
    4. Multi-Way Boulevard, Parallel Parking
    5. Multi-Way Boulevard, Angle Parking
    6. Busway 2-Lane
    7. Busway 4-Lane
    8. Busway 6-Lane
  5. Industrial and Service Streets
    1. Industrial Street
    2. Alley, Residential
    3. Alley, Mixed Use
  6. Accessways
    1. Primary Internal Access Drive
    2. Pedestrian Passage

Sec. 8.5.3. Sensitive Area Streets

Sec. 8.5.3. Sensitive Area Streets aaron.sheppard… Tue, 05/23/2023 - 13:12
  1. Sensitive Area Parkway
    Image
    8-5-3-a-sensitive-area-parkway
    Width
    A Right-of-way width 154'
    B Pavement width 32'
    Streetscape
    C Maintenance strip (min) 2'
    D Multi-use trail (min) 10'
    E Planting area (min) 6'
    F Drainage (min) 10'
    Travelway
    G Grassed shoulder 2'
    H Paved shoulder/bicycle lane 8'
    I Travel lane 11'
    J Paved shoulder 2'
    K Median (min) 30'
    General
      Walkway type Multi-use path
      Planting type Tree lawn
      Tree spacing 50' o.c. avg
  2. Sensitive Area Avenue
    Image
    8-5-3-b-sensitive-area-avenue
    Width
    A Right-of-way width 80'
    B Pavement width 30'
    Streetscape
    C Utility placement, easement (min) 5'
    D Maintenance strip (min) 2'
    E Sidewalk (min) 5'
    F Planting area (min) 6'
    G Drainage (min) 10'
    Travelway
    H Grassed Shoulder 2'
    I Paved Shoulder 4'
    J Travel lane 11'
    General
      Walkway type Sidewalk
      Planting type Tree lawn
      Tree spacing 50' o.c. avg
  3. Sensitive Area Residential Street
    Image
    8-5-3-c-sensitive-area-residential-street
    Width
    A Right-of-way width 70'
    B Pavement width 20'
    Streetscape
    C Utility placement, easement (min) 5'
    D Maintenance strip (min) 2'
    E Sidewalk (min) 5'
    F Planting area (min) 6'
    G Drainage (min) 10'
    Travelway
    H Grassed Shoulder 2'
    I Travel lane 10'
    General
      Walkway type Sidewalk
      Planting type Tree lawn
      Tree spacing 50' o.c. avg

Sec. 8.5.4. Local Streets

Sec. 8.5.4. Local Streets aaron.sheppard… Tue, 05/23/2023 - 13:12
  1. Neighborhood Yield
    Image
    8-5-4-a-neighborhood-yield
    Width
    A Right-of-way width 55'
    B Back-of-curb to back-of-curb 27'
    Streetscape  
    C Utility placement, easement (min) 5'
    D Maintenance strip (min) 2'
    E Sidewalk (min) 6'
    F Planting area (min) 6'
    Travelway
    G Parallel parking/travel lane 13.5'
    General
      Walkway type Sidewalk
      Planting type Tree lawn
      Tree spacing 40' o.c. avg
      Parking type Parallel
  2. Neighborhood Local
    Image
    8-5-4-b-neighborhood-local
    Width
    A Right-of-way width 59'
    B Back-of-curb to back-of-curb 31'
    Streetscape
    C Utility placement, easement (min) 5'
    D Maintenance strip (min) 2'
    E Sidewalk (min) 6'
    F Planting area (min) 6'
    Travelway
    G Parallel parking/travel lane 15.5'
    General
      Walkway type Sidewalk
      Planting type Tree lawn
      Tree spacing 40' o.c. avg
      Parking type Parallel
  3. Neighborhood Street
    Image
    8-5-4-c-neighborhood-street
    Width
    A Right-of-way width 64'
    B Back-of-curb to back-of-curb 36'
    Streetscape
    C Utility placement, easement (min) 5'
    D Maintenance strip (min) 2'
    E Sidewalk (min) 6'
    F Planting area (min) 6'
    Travelway
    G Parallel parking/travel lane 8'
    H Travel lane 10'
    General
      Walkway type Sidewalk
      Planting type Tree lawn
      Tree spacing 40' o.c. avg
      Parking type Parallel
  4. Multifamily Street
    Image
    8-5-4-d-multifamily-street
      Width
    A Right-of-way width 22'
    B Back-of-curb to back-of-curb varies
      Streetscape
    C Utility placement, easement (min) 5'
    D Maintenance strip (min) 2'
    E Sidewalk (min) 6'
    F Planting area (min) 6'
      Travelway
    G Parking lane  
         Parallel (either side) 8'
         Head-in (either side) 18'
         60⁰ angle (either side) 19.8'
    H Travel lane 11'
      General
      Walkway type Sidewalk
      Planting type Tree lawn
      Tree spacing 40' o.c. avg
      Parking type Parallel, head-in, angle​​​​​​​
    Building setbacks are measured from the “maintenance strip, easement” noted in “D”. This street can only be used in conjunction with townhouse and apartment building types.

Sec. 8.5.5. Mixed Use Streets

Sec. 8.5.5. Mixed Use Streets aaron.sheppard… Tue, 05/23/2023 - 13:13
  • Avenue 2-Lane, Undivided
    Image
    8-5-5-a-ave-2-lane-undivided
    Width
    A Right-of-way width 66'
    B Back-of-curb to back-of-curb 27'
    Streetscape
    C Utility placement, easement (min) 5'
    D Maintenance strip (min) 1'
    E Sidewalk (min) 6'
    F Buffer (min; paved or paver) 1.5'
    G Bike Lane (min) 5'
    H Planting area (min) 6'
    Travelway
    I Travel lane 11'
    General
      Walkway type Sidewalk
      Planting type Tree lawn
      Tree spacing 40' o.c. avg
      Minimum Driveway Spacing 200'
    The position of streetscape elements may be changed, provided that all of the following are met:
    • No streetscape element is removed,
    • That street trees are planted between the side walk (E) and the travelway,
    • That street trees are not placed between the bike lane (G) and the travelway within 20 feet of a driveway or intersection, unless the bikeway crosses the driveway 20 lateral feet or more from the nearest turn or travel lane,
    • That the maintenance strip (D) is at the outside edge of the right-of-way,
    • That the sidewalk (E) is adjacent to the maintenance strip (D),
    • That the bike lane (G) be located at least 1.5’ from the back of curb, and
    • That the sidewalk (E) and bike lane (G) tie to any existing bikeways and/or sidewalks on adjacent sites.
  • Avenue 2-Lane, Divided
    Image
    8-5-5-b-ave-2-lane-divided
    Width
    A Right-of-way width 81'
    B Back-of-curb to back-of-curb 38'
    Streetscape
    C Maintenance strip (min) 1'
    D Sidewalk (min) 6'
    E Planting area (min) 6'
    F Bike Lane (min) 5'
    G Buffer (min; planted, paved or paver) 3.5'
    Travelway
    H Travel lane 11'
    I Center lane median or turn lane 11'
    General
      Walkway type Sidewalk
      Planting type Tree lawn
      Tree spacing 40' o.c. avg
      Minimum Driveway Spacing 200'
    The position of streetscape elements may be changed, provided that all of the following are met:
    • No streetscape element is removed,
    • That street trees are planted between the sidewalk (D) and the travelway,
    • That street trees not be placed between the bike lane (F) and the travelway within 20 feet of a driveway or intersection, unless the bikeway crosses the driveway 20 lateral feet or more from the nearest turn or travel lane,
    • That the maintenance strip (C) remains at the outside edge of the right-of-way,
    • That the sidewalk (D) remains adjacent to the maintenance strip (C),
    • That the bike lane (F) be located at least 3.5’ from the back of curb, and
    • That the sidewalk (D) and bike lane (F) tie to any existing bikeways and/or sidewalks on adjacent sites.
  • Avenue 3-Lane, Parallel Parking
    Image
    8-5-5-c-ave-3-lane-parallel
    Width
    A Right-of-way width 95'
    B Back-of-curb to back-of-curb 50'
    Streetscape
    C Sidewalk (min) 8'
    D Planting area (min) 6'
    E Bike Lane (min) 5'
    F Buffer (min; planted, paved or paver) 3.5'
    Travelway
    G Parallel parking lane 8.5'
    H Travel lane 11'
    I Center lane median or turn lane 11'
    General
      Walkway type Sidewalk
      Planting type Tree grate / lawn
      Tree spacing 40' o.c. avg
      Minimum Driveway Spacing 300'
    The position of streetscape elements may be changed, provided that all of the following are met:
    • No streetscape element is removed,
    • That street trees are planted between the sidewalk (C) and the travelway,
    • That street trees not be placed between the bike lane (E) and the travelway within 20 feet of a driveway or intersection, unless the bikeway crosses the driveway 20 lateral feet or more from the nearest turn or travel lane,
    • That the sidewalk (C) remains at the outside edge of the right-of-way,
    • That the bike lane (E) be located at least 3.5’ from the back of curb, and
    • That the sidewalk (C) and bike lane (E) tie to any existing bikeways and/or sidewalks on adjacent sites.
  • Main Street, Parallel Parking
    Image
    8-5-5-d-main-street-parking-parallel
    Width
    A Right-of-way width 73'
    B Back-of-curb to back-of-curb 41'
    Streetscape
    C Sidewalk (min) 10'
    D Planting area (min) 6'
    Travelway
    E Parallel parking lane 8.5'
    F Travel lane 12'
    General
      Walkway type Sidewalk
      Planting type Tree grate
      Tree spacing 40' o.c. avg
      Parking type Parallel
  • Main Street, Angle Parking
    Image
    8-5-5-e-main-street-angle-parking
    Width
    A Right-of-way width 96'
    B Back-of-curb to back-of-curb 64'
    Streetscape
    C Sidewalk (min) 10'
    D Planting area (min) 6'
    Travelway
    E 60° angle parking lane 20'
    F Travel lane 12'
    General
      Walkway type Sidewalk
      Planting type Tree grate
      Tree spacing 40' o.c. avg
      Parking type 60° angle

Sec. 8.5.6. Major Streets

Sec. 8.5.6. Major Streets aaron.sheppard… Tue, 05/23/2023 - 13:13
  1. Avenue 4-Lane, Parallel Parking
    Image
    8-5-6-a-ave-4-lane-parallel
    Width
    A Right-of-way width 121'
    B Back-of-curb to back-of-curb 72'
    Streetscape
    C Sidewalk (min) 10'
    D Planting area (min) 6'
    E Bike lane 5'
    F Buffer (min; planted, paved, or paver) 3.5'
    Travelway
    G Parallel parking lane 8.5'
    H Travel lane 11'
    I Median 11'
    General
      Walkway type Sidewalk
      Planting type Tree grate / lawn
      Tree spacing 40' o.c. avg
      Parking type Parallel 
      Minimum Driveway Spacing 300'

    The position of streetscape elements may be changed, provided that all of the following are met:
    • No streetscape element is removed,
    • That street trees are planted between the sidewalk (C) and the travelway,
    • That street trees not be placed between the bike lane (E) and the travelway within 20 feet of a driveway or intersection, unless the bikeway crosses the driveway 20 lateral feet or more from the nearest turn or travel lane,
    • That the sidewalk (C) remains at the outside edge of the right-of-way,
    • That the bike lane (E) be located at least 3.5’ from the back of curb, and
    • That the sidewalk (C) and bike lane (E) tie to any existing bikeways and/or sidewalks on adjacent sites.
     

  2. Avenue 4-Lane, Divided

    Image
    8-5-6-b-ave-4-lane-divided
    Width
    A Right-of-way width 109'
    B Back-of-curb to back-of-curb 66'
    Streetscape
    C Maintenance strip (min) 1'
    D Sidewalk (min) 6'
    E Planting area (min) 6'
    F Bike lane 5'
    G Buffer (min; planted, paved, or paver) 3.5'
    Travelway
    H Travel lane 11'
    I Median 17'
    General
      Walkway type Sidewalk
      Planting type Tree grate / lawn
      Tree spacing 40' o.c. avg
      Minimum Driveway Spacing 300'

    The position of streetscape elements may be changed, provided that all of the following are met:
    • No streetscape element is removed,
    • That street trees are planted between the sidewalk (D) and the travelway,
    • That street trees not be placed between the bike lane (F) and the travelway within 40 feet of a driveway or intersection, un
    less the bikeway crosses the driveway 20 lateral feet or more from the nearest turn or travel lane,
    • That the maintenance strip (C) remains at the outside edge of the right-of-way,
    • That the sidewalk (D) remains adjacent to the maintenance strip (C),
    • That the bike lane (F) be located at least 3.5’ from the back of curb, and
    • That the sidewalk (D) and bike lane (F) tie to any existing bikeways and/or sidewalks on adjacent sites.

  3. Avenue 6-Lane, Divided

    Image
    8-5-6-c-ave-6-lane-divided
    Width
    A Right-of-way width 131'
    B Back-of-curb to back-of-curb 88'
    Streetscape
    C Maintenance strip (min) 1'
    D Sidewalk (min) 6'
    E Planting area (min) 6'
    F Bike lane 5'
    G Buffer (min; planted, paved, or paver) 3.5'
    Travelway
    H Travel lane 11'
    I Median 17'
    General
      Walkway type Sidewalk
      Planting type Tree grate / lawn
      Tree spacing 40' o.c. avg
      Minimum Driveway Spacing 300'

    The position of streetscape elements may be changed, provided that all of the following are met:
    • No streetscape element is removed,
    • That street trees are planted between the sidewalk (D) and the travelway,
    • That street trees not be placed between the bike lane (F) and the travelway within 40 feet of a driveway or intersection, unless the bikeway crosses the driveway 20 lateral feet or more from the nearest turn or travel lane,
    • That the maintenance strip (C) remains at the outside edge of the right-of-way,
    • That the sidewalk (D) remains adjacent to the maintenance strip (C),
    • That the bike lane (F) be located at least 3.5’ from the back of curb, and
    • That the sidewalk (D) and bike lane (F) tie to any existing bikeways and/or sidewalks on adjacent sites.

  4. Multi-Way Boulevard, Parallel Parking

    Image
    8-5-6-d-multi-way-boulevard-parallel-parking
    Width
    A Right-of-way width 154'
    B Back-of-curb to back-of-curb 66'
    Streetscape
    C C Sidewalk (min) 10'
    D Planting area (min) 6'
    Access Lane
    E Parallel parking 8.5'
    F Access lane 11'
    G Median 11'
    Travelway
    H Travel lane 11'
    I Median 17'
    General
      Walkway type Sidewalk
      Planting type Tree grate / lawn
      Tree spacing 40' o.c. avg
      Parking type Parallel in access lane
  5. Multi-Way Boulevard, Angle Parking
    Image
    8-5-6-e-multi-way-boulevard-angle-parking
    Width
    A Right-of-way width 177'
    B Back-of-curb to back-of-curb 66'
    Streetscape
    C Sidewalk (min) 10'
    D Planting area (min) 6'
    Access Lane
    E Parallel parking 8.5'
    F Access lane 11'
    G Median 11'
    Travelway
    H Travel lane 11'
    I Median 17'
    General
      Walkway type Sidewalk
      Planting type Tree grate / lawn
      Tree spacing 40' o.c. avg
      Parking type 60°angle in access lane
  6. Busway 2-Lane
    Image
    8-5-6-f-busway-2-lane
    Width
    A Right-of-way width 126'
    B Back-of-curb to back-of-curb 83'
    Streetscape
    C Maintenance strip (min) 1'
    D Sidewalk (min) 6'
    E Planting area (min) 6'
    F Bike Lane (min) 5'
    G Buffer (min; planted, paved, or paver) 3.5'
    Travelway
    H Curb and Gutter 2.5'
    I Travel lane 11'
    J Median 16'
    Busway
    K Busway 24'
    General
      Walkway type Sidewalk
      Planting type Tree grate / lawn
      Tree spacing 40' o.c. avg

    The position of streetscape elements may be changed, provided that all of the following are met:
    • No streetscape element is removed,
    • That street trees are planted between the sidewalk (D) and the travelway,
    • That street trees not be placed between the bike lane (F) and the travelway within 20 feet of a driveway or intersection, unless the bikeway crosses the driveway 20 lateral
    • feet or more from the nearest turn or travel lane,
    • That the maintenance strip (C) remains at the outside edge of the right-of-way,
    • That the sidewalk (D) remains adjacent to the maintenance strip (C),
    • That the bike lane (F) be located at least 3.5’ from the back of curb, and
    • That the sidewalk (D) and bike lane (F) tie to any existing bikeways and/or sidewalks on adjacent sites.
  7. Busway 4-Lane
    Image
    8-5-6-g-busway-4-lane
    Width
    A Right-of-way width 144'
    B Back-of-curb to back-of-curb 101'
    Streetscape
    C Maintenance strip (min) 1'
    D Sidewalk (min) 6'
    E Planting area (min) 6'
    F Bike Lane (min) 5'
    G Buffer (min; planted, paved, or paver) 3.5'
    Travelway
    H Curb and Gutter 2.5'
    I Travel lane 10'
    J Median 16'
    Busway
    K Busway 24'
    General
      Walkway type Sidewalk
      Planting type Tree grate / lawn
      Tree spacing 40' o.c. avg

    The position of streetscape elements may be changed, provided that all of the following are met:
    • No streetscape element is removed,
    • That street trees are planted between the sidewalk (D) and the travelway,
    • That street trees not be placed between the bike lane (F) and the travelway within 40 feet of a driveway or
    intersection, unless the bikeway crosses the driveway 20 lateral feet or more from the nearest turn or travel lane,
    • That the maintenance strip (C) remains at the outside edge of the right-of-way,
    • That the sidewalk (D) remains adjacent to the maintenance strip (C),
    • That the bike lane (F) be located at least 3.5’ from the back of curb, and
    • That the sidewalk (D) and bike lane (F) tie to any existing bikeways and/or sidewalks on adjacent sites.
  8. Busway 6-Lane
    Image
    8-5-6-h-busway-6-lane
    Width
    A Right-of-way width 164'
    B Back-of-curb to back-of-curb 121'
    Streetscape
    C Maintenance strip (min) 1'
    D Sidewalk (min) 6'
    E Planting area (min) 6'
    F Bike Lane (min) 5'
    G Buffer (min; planted, paved, or paver) 3.5'
    Travelway
    H Curb and Gutter 2.5'
    I Travel lane 10'
    J Median 16'
    Busway
      K Busway 24'
    General
      Walkway type Sidewalk
      Planting type Tree grate / lawn
      Tree spacing 40' o.c. avg

    The position of streetscape elements may be changed, provided that all of the following are met:
    • No streetscape element is removed,
    • That street trees are planted between the sidewalk (D) and the travelway,
    • That street trees not be placed between the bike lane (F) and the travelway within 40 feet of a driveway or intersection, unless the bikeway crosses the driveway 20 lateral feet or more from the nearest turn or travel lane,
    • That the maintenance strip (C) remains at the outside edge of the right-of-way,
    • That the sidewalk (D) remains adjacent to the maintenance strip (C),
    • That the bike lane (F) be located at least 3.5’ from the back of curb, and
    • That the sidewalk (D) and bike lane (F) tie to any existing bikeways and/or sidewalks on adjacent sites.

Sec. 8.5.7. Industrial and Service Streets

Sec. 8.5.7. Industrial and Service Streets aaron.sheppard… Tue, 05/23/2023 - 13:14
  1. Industrial Street
    Image
    8-5-7-a-industrial-street
    Width
    A Right-of-way width 69'
    B Back-of-curb to back-of-curb 41'
    Streetscape
    C Utility placement, easement (min) 5'
    D Maintenance strip (min) 2'
    E Sidewalk (min) 6'
    F Planting area (min) 6'
    Travelway
    G Parallel parking lane 8.5'
    H Travel lane 12'
    General
      Walkway type Sidewalk
      Planting type Tree lawn
      Tree spacing 40' o.c. avg
      Parking type Parallel
  2. Alley, Residential
    Image
    8-5-7-b-alley-residential
    Width
    A Easement width 20'
    Travelway
    B Travel lane 16'
    B Travel lane, fire service route 20'
  3. Alley, Mixed Use
    Image
    8-5-7-c-alley-mixed-us
    Width
    A Easement width 24'
    Travelway
    B Travel lane 20'

Sec. 8.5.8. Private Accessways

Sec. 8.5.8. Private Accessways aaron.sheppard… Tue, 05/23/2023 - 13:14
  1. Primary Internal Access Drive
    Image
    8-5-8-a-primary-internal-access-drive
    Width
    A Back-of-curb to back-of-curb 36'
    Streetscape
    B Planting strip (min) 5'
    C Sidewalk (min) 6'
    Travelway
    D Parallel parking lane 8'
    E Travel lane 10'
    General
      Walkway type Sidewalk
      Planting type Parallel
  2. Pedestrian Passage
    Image
    8-5-8-b-pedestrian-passage
    Width
    A Public access easement (min) 20'
    Travelway
    B Paved area (min) 10'
    General
      Walkway type Sidewalk

Sec. 8.5.9. Streetscape Types

Sec. 8.5.9. Streetscape Types aaron.sheppard… Tue, 05/23/2023 - 13:15

The required streetscape type is determined by the zoning district or by the designated frontage. Where there is conflict between a designated frontage and the zoning district, the designated frontage standard applies. Dimensional standards for planting area, tree spacing, and utility placement and the planting type may be varied to accommodate an approved stormwater plan implementing GSI practices and showing such varied dimensional standards pursuant to Chapter 7.

  1. Main Street
    Image
    8-5-9-a-main-street
    Frontages
      Applicable frontages -SH, -UG, -UL, -GR, -PL
    Zoning Districts
      Applicable zoning districts Mixed use districts
    Width
    A Streetscape width (max) 35'
    Streetscape
    B Sidewalk (min) 10'
    C Planting area (min) 6'
    General
      Walkway type Sidewalk
      Planting type Tree grate
      Tree spacing 40' o.c. avg
  2. Mixed Use
    Image
    8-5-9-b-mixed-use
    Frontages
      Applicable frontages -UG, -UL, -GR, -PL
    Zoning Districts
      Applicable zoning districts Mixed use districts
    Width
    A Streetscape width (max) 35'
    Streetscape
    B Sidewalk (min) 8'
    C Planting area (min) 6'
    General
      Walkway type Sidewalk
      Planting type Tree grate / lawn
      Tree spacing 40' o.c. avg
  3. Commercial
    Image
    8-5-9-c-commercial
    Frontages
      Applicable frontages -GR, -PL
    Zoning Districts
      Applicable zoning districts Mixed use districts
    Width
    A Streetscape width (max) 65'
    Streetscape
    B Building setback (min/max) 20'/50'
    C Utility placement 5'
    D Maintenance strip (min) 2'
    E Sidewalk (min) 6'
    F Planting area (min) 6'
    General
      Walkway type Sidewalk
      Planting type Tree lawn
      Tree spacing 40' o.c. avg
      No on-site parking permitted between the building and the street  
  4. Residential
    Image
    8-5-9-d-residential
    Frontages
      Applicable frontages -DE
    Zoning Districts
      Applicable building types All districts: detached & attached house
      Applicable zoning districts Residential Districts, MH
    Streetscape
    A Building setback (min/max) varies
    B Utility placement 5'
    C Maintenance strip (min) 2'
    D Sidewalk (min) 6'
      Typical Sensitive area 5'
    E Planting area (min) 6'
    General
      Walkway type Sidewalk
      Planting type Tree lawn
      Tree spacing 40' o.c. avg
  5. Multi-Way
    Image
    8-5-9-e-multi-way
    Frontages
      Applicable frontages -PL
    Zoning Districts
      Applicable zoning districts Mixed Use Districts
    Width
    A Streetscape width (max) 65'
    Streetscape
    B Building setback (min/max) 10'
    C Planting area (min) 6'
    D 60° angle parking 20'
    E Access lane 11'
    F Median (min) 11'
    General
      Walkway type Sidewalk
      Planting type Tree grate / lawn
      Tree spacing 40' o.c. avg
  6. Parking
    Image
    8-5-9-f-parking
    Frontages
      Applicable frontages -PL
    Zoning Districts
      Applicable zoning districts Mixed Use Districts
    Width
    A Streetscape width (max) 120'
    Streetscape
    B Sidewalk (min) 8'
    C Planting area (min) 6'
    D 90° head-in parking (min) 18'
    E Access lane (min) 22'
    F Planting area (min) 10'
    G Utility placement 5'
    H Maintenance strip (min) 2'
    I Sidewalk (min) 6'
    J Planting area (min) 6'
    General
      Walkway type Sidewalk
      Area F planting type 36" min hedge/wall (see Sec. 7.2.4.)
      Areas C & J Planting type Tree grate / lawn
      Tree spacing 40' o.c. avg
  7. Sidewalk and Tree Lawn
    Image
    8-5-9-g-sidewalk-tree-lawn
    Zoning Districts
      Required zoning districts All districts: Existing streets where no other streetscape applies
    Streetscape
    A Utility placement 5'
    B Maintenance strip (min) 2'
    C Sidewalk (min) 6'
    D Planting area (min) 6'
    General
      Walkway type Sidewalk
      Planting type Tree lawn
      Tree spacing 40' o.c. avg

Article 8.6. Reimbursements

Article 8.6. Reimbursements aaron.sheppard… Mon, 05/08/2023 - 10:30

Sec. 8.6.1. Greenways

Sec. 8.6.1. Greenways aaron.sheppard… Tue, 05/23/2023 - 13:16
  1. Required Greenway Dedication
    Subject to the limitations of Sec. 8.6.1.C. below, whenever a tract of land included within any proposed residential subdivision or residential site plan includes any part of a greenway designated on the Comprehensive Plan, the greenway shall be platted and dedicated as a greenway easement.
  2. Greenway Easement Width
    Subject to the limitations of Sec. 8.6.1.C. below, the greenway required to be platted shall at a minimum, be the product of the following dimensions:
    1. Minimum standard width multiplied by the length of the boundary along the banks of the adjoining watercourse;
    2. Plus that portion of the watercourse contained within the development when property lines extend to the centerline of the watercourse:
      1. Neuse River: 150 feet from each bank.
      2. b. Crabtree & Walnut Creeks: 100 feet from each bank.
      3. c. All other tributaries: As established by the current City Council-approved Raleigh Parks Plan.
  3. Limitation on Dedication
    1. No dedication shall be required for greenway lying outside of any special flood hazard area, but such area shall be reserved in accordance with Sec. 8.1.6. for possible City acquisition.
    2. The amount of greenway required to be dedicated shall not exceed the total obligation of the development to pay an open space facility fee, as determined by Article 8.9. Facility Fees, the number and type of dwelling units allowed by law for the development and the schedule of greenway land values listed in the City of Raleigh Fee Schedule, kept on file by the City and is updated and adopted by the City Council.
  4. Method and Conditions of Reimbursement
    1. The City Council may, in its discretion, change the general term of payment for individual projects and authorize payment in 1 sum immediately or in fixed payments.
    2. No payment will be allowed if the dedicated open space is being used to satisfy a requirement for open space based on the underlying zoning district. Reimbursements will be reduced by any open space facility fee credits.
    3. The dedicators shall waive their statutory right to withdraw the dedication prior to receiving any payment.
    4. Reimbursements shall be fixed at the rate in effect when the dedication occurs.

Sec. 8.6.2. Minor Utility Lines

Sec. 8.6.2. Minor Utility Lines aaron.sheppard… Tue, 05/23/2023 - 13:16

Reimbursement for utility lines shall be made in accordance with §8-2075, §8-2076, §8-2077, §8-2091, §8-2094 and §8-2095 of the Raleigh City Code.

  1. Inside City Limits
    1. For developments inside the corporate limits of the City or developments which have agreed to be annexed by the City, the City will reimburse the developer for costs incurred over and above those required to serve the immediate development.
    2. The reimbursement shall be made in 10 equal annual installments with interest at 4% per annum beginning January 1 following the time of final inspection and final acceptance of the improvement by the City, but the first installment payment shall not become payable until the second January 1 following final inspection and final acceptance or contract execution, whichever is later.
    3. The City Council may in its discretion authorize reimbursement to be paid in one sum immediately or in  installments over a period of less than 10 years. 
    4. The following installations are subject to reimbursement:
      1. Differential unit costs between a water main 6 inches in diameter and a water main 12 inches in diameter when required by the City and not necessary to serve the subject property.
      2. Differential unit costs between a sewer main over 8 inches in diameter and sewer mains 12 inches in diameter, when required by the City and not necessary to serve the subject property.
      3. Unit cost of off-site utility lines less than 12 inches in diameter constructed by the developer to reach the boundary of the development whether the lines are installed inside or outside the corporate limits of the City.
  2. Outside City Limits
    1. For developments outside the corporate limits of the City, the City will reimburse the developer for the unit cost of off-site utilities less than 12 inches in diameter constructed within the corporate limits of the City by the developer to reach the boundary of the development.
    2. The  reimbursement shall be made in 10 annual equal installments, without interest. The first payment to become due and payable on the second January 1 following the date of final inspection and final acceptance of the improvement and approval of the cost by City Council.
    3. Current reimbursement fees are listed in the City of Raleigh Fee Schedule, kept on file by the City and are updated and adopted by the City Council. 
  3. Procedural Conditions for Reimbursement
    1. Following completion of the improvements acceptable to the City, the developer shall furnish the City an itemized list of costs identified in the City of Raleigh Fee Schedule to be reimbursed by the City. The City Council shall approve a contract with the developer, setting forth the terms for reimbursement.
    2. The City shall pay such other costs incidental to the development of the general area which, in the opinion of the City Council, should properly be borne by the City. The City shall set forth the terms of such payment.

Sec. 8.6.3. Streets

Sec. 8.6.3. Streets aaron.sheppard… Tue, 05/23/2023 - 13:17
  1. Improvements Eligible for Reimbursement
    1. The City will pay to the developer unit costs in the City of Raleigh Fee Schedule for development-related improvements over and above the unit costs for applicable streets.
    2. The following installations are eligible for reimbursement:
      1. Any street construction in excess of the minimum standard needed to serve the development;
      2. Any right-of-way dedication in excess of the minimum standard needed to serve the development; and
      3. Right-of-way for controlled-access freeways.
    3. Reimbursements are subject to availability of funds and eligibility for reimbursement through the City’s facility fee program.
  2. Method and Conditions of Reimbursement
    1. All general and development-related improvement costs shall be based on the City of Raleigh Fee Schedule, provided that the City Council shall grant alternative mitigation when the total expenditures for both the thoroughfare facility fees and road improvement costs in excess of the applicable street improvements exceed the costs attributable to the development for Thoroughfare construction within the benefit area as indicated in Article 8.9. Facility Fees
    2. Current reimbursement fees are listed in the City of Raleigh Fee Schedule, kept on file by the City and are updated and adopted by the City Council.
    3. No monetary payments will be allowed if the developer utilizes the dedicated right-of-way for impervious surface coverage in the -FWPOD, -SWPOD or -UWPOD.
    4. The dedicators shall waive their statutory right to withdraw dedications prior to receiving any payment.
    5. Reimbursements shall be paid at the rate in effect when dedication occurs or construction costs are incurred.
    6. The City shall pay such other costs incidental to the development of the general area which, in the opinion of the City Council, should properly be borne by the City. The City Council shall set forth the terms of such payment.

Sec. 8.6.4. Expiration of Reimbursement

Sec. 8.6.4. Expiration of Reimbursement aaron.sheppard… Tue, 05/23/2023 - 13:17

Any request for reimbursement for street, greenway or utility installation must be submitted to the City within 2 years of completion and final acceptance by the City or State, whichever is applicable.

Sec. 8.6.5. Stormwater Infrastructure

Sec. 8.6.5. Stormwater Infrastructure aaron.sheppard… Tue, 05/23/2023 - 13:17
  1. Improvements Eligible for Reimbursement
    The City may reimburse a developer for stormwater infrastructure improvements that are over and above improvements needed for the development to comply with any ordinance or regulation.
    1. The following improvements may be eligible for reimbursement:
      1. Stormwater treatment practices, including GSI practices, for treating stormwater otherwise conveyed within street rights-of-way; and
      2. Stormwater conveyances, including pipes, culverts, ditches, swales, and channels, associated with and needed for such stormwater treatment practices.
    2. Eligibility for reimbursement shall be subject to availability of funds and to prior determination of eligibility for reimbursement by the Engineering Services Director or a designee in accordance with the requirements of G.S.
      160A-309.
  2. Method and Conditions of Reimbursement
    The obligations of the parties and reimbursement schedule shall be established in a written agreement between the developer and the City.

Article 8.7. Utilities

Article 8.7. Utilities aaron.sheppard… Mon, 05/08/2023 - 10:31

Sec. 8.7.1. Water Supply

Sec. 8.7.1. Water Supply aaron.sheppard… Tue, 05/23/2023 - 13:18
  1. All Public Water Mains
    All public water mains shall be installed in all public road rights-of-way, except as allowed by the Raleigh Public Utilities Director to address existing water quality problems or severe topographic or subsurface constraints.
  2. Within City Limits
    1. When a development is located within the corporate limits of the City, the developer shall connect with the City water system and install all water lines, in accordance with this UDO, required to provide public water service to every lot within the development.
    2. The developer shall extend water lines along the public road frontage of the tract to the periphery of the development unless otherwise approved by the Raleigh Public Utilities Director.
  3. Outside City Limits
    1. When a development is located outside the corporate limits of the City, but water facilities are available or are made available at the boundary of the development within 1 year after approval, the developer shall connect to the City water system and install all water lines required to provide water service to every lot within the development, as required in Raleigh City Code §8-2063(b).
    2. If connection is made, the developer shall extend water lines along the public road frontage of the tract to the periphery of the development unless otherwise approved by the Raleigh Public Utilities Director.
  4. Construction Inside a CM District or Protective Yard
    1. Water lines that traverse a CM District or a protective yard for a distance of at least 50 feet or more shall be built with a bend to prevent direct sight view through the district or yard provided that such bend does not exceed a 90-degree angle.
    2. The requirement of a bend within a CM District or a protective yard may be waived or modified by the Raleigh Public Utilities Director where the CM District or a protective yard fails to contain a vegetative screen.
  5. Community Water Systems
    1. Developments located outside the corporate limits of the City but within the extra-territorial jurisdictional area of Raleigh and located within the utility service area as shown on Map PU-1 of the Raleigh 2030 Comprehensive Plan that install or propose to install community sanitary sewer systems must install the system in accordance with the City design, materials and construction standards and methods.
    2. The design, materials and construction standards and methods are subject to the same regulations as if the community water system was connected to the City of Raleigh water system.
    3. If the conditions of N.C. Gen. Stat. §160D-806 are met by the City, full dedication of a community water system, including all wells, pumps and utility lines, is required.

Sec. 8.7.2. Sewage Disposal

Sec. 8.7.2. Sewage Disposal aaron.sheppard… Tue, 05/23/2023 - 13:19
  1. Within City Limits
    1. When a development is located within the corporate limits of the City, the developer shall connect to the City sewer system of the City in accordance with this UDO and install all sewer lines required to provide sewer service to every lot within the development.
    2.  The developer shall extend sewer lines to the periphery of the development as required by the Public Utilities Director.
  2. Outside City Limits
    1. When a development is located outside the corporate limits of the City, but sewer facilities are available or are made available at the boundary of the development within 1 year after approval, the developer shall connect to the City sewer system and install all sewer lines required to provide sewer service to every lot within the development, unless:
      1. Grades are such that the sewer facilities would not be of service to the development; or
      2. There is insufficient off-site sewer capacity to serve the development.
    2. If a connection is made, the developer shall extend sewer lines to the periphery of the development unless otherwise approved by the Raleigh Public Utilities Director.
  3. Crossing a CM District or Protective Yard
    1. Sewer lines that traverse a CM District or a protective yard for a distance of at least 50 feet or more shall be built with a bend to prevent direct sight view through the district or protective yard provided that such bend does not
      exceed a 90-degree angle.
    2. All sewer lines 12 inches or less within a CM District or a protective yard shall be constructed of ductile iron.
    3. The requirement of a bend within a CM District or a protective yard may be waived or modified by the Raleigh Public Utilities Director where the gradient will not permit gravity flow or where the CM District or a protective yard fails to contain a vegetative screen.
  4. Community Sewer System
    1. Development located outside the corporate limits of the City but within the extra-territorial jurisdictional area of Raleigh and located within the utility service area as shown on Map PU-1 of the Raleigh 2030 Comprehensive Plan, developers that install or propose to install community sanitary sewer system must install the system in accordance with the City design, materials and construction standards and methods.
    2. The design, materials and construction standards and methods are subject to the same regulations as if the community sewer system was connected to the system of the City of Raleigh.

Sec. 8.7.3. Public Water and Sewer Stubs

Sec. 8.7.3. Public Water and Sewer Stubs aaron.sheppard… Tue, 05/23/2023 - 13:19
  1. In a residential development or subdivision located in a Residential District, the developer shall extend water and sewer service stubs to the property line on each side of the development where the locations of the service stub connections are known before the streets are paved.
  2. If curbs are installed, the location of service stubs shall be stamped on the curbs. 
  3. In all other developments, the  responsibility for making and paying for water and sewer service stub extensions shall be borne by the owner of the property to be served by the extension.
  4. Extensions shall be made according to City standards and specifications.

Sec. 8.7.4. Underground Utilities

Sec. 8.7.4. Underground Utilities aaron.sheppard… Tue, 05/23/2023 - 13:20
  1. Extension of Utility Systems
    Electrical and telephone service shall be extended by the developer to each lot within a development.
  2. Primary Services
    All new primary electrical, telephone, fiber optic and cable distribution lines installed to serve a project shall be placed underground within the entire development to serve each parcel or building, without expense to the City.
  3. Secondary Services
    1. Within the development, all new secondary utilities installed to serve the project shall be placed underground without expense to the City.
    2. Secondary utilities shall be underground from the point they enter the site and shall include but not be limited to pad mounted or subterranean transformers, secondary electrical, telephone, fiber optic and cable distribution lines.
    3. Underground secondary electrical services shall originate from a ground mounted or subterranean electrical transformer. Ground mounted transformers shall not be located in the public right-of-way.
  4. Street Lights
    1. When installing underground electrical and telephone service, underground terminal facilities for street lighting shall be installed along public streets. All street light designs must follow the Standards for Roadway Illumination as established by the Illuminating Engineering Society of North America.
    2. The average maintained footcandle level for outlying and rural roads as defined by Illuminating Engineering Society of North America shall be no less than 3/10 and the uniformity ratio shall be no greater than 64.
    3. The City will not take responsibility for any street lighting system until it meets the above standards.
  5. Inside a CM District or Protective Yard
    1. ​​​​​​​Underground utilities that traverse a CM District or a protective yard for a distance of at least 50 feet or more shall be built with a bend to prevent direct sight view through the district or yard provided that such a bend does not exceed a 90-degree angle.
    2. The requirement of a bend may be waived or modified by the Raleigh Public Utilities Director where the gradient will not permit gravity flow or where the CM District or protective yard fails to contain a vegetative screen.
    3. In tree conservation areas adjacent to the street that are zoned -MPOD, CM or -SHOD, or contain a Parkway Frontage, utilities serving the development shall be located within driveways and other authorized incursions of the tree protected area.

Article 8.8. Surface Water Drainage

Article 8.8. Surface Water Drainage aaron.sheppard… Mon, 05/08/2023 - 10:31

Sec. 8.8.1. Connection to Sanitary Sewer Prohibited

Sec. 8.8.1. Connection to Sanitary Sewer Prohibited aaron.sheppard… Tue, 05/23/2023 - 13:21

No surface water drainage shall empty into a sanitary sewer.

Sec. 8.8.2. Piping of Watercourses

Sec. 8.8.2. Piping of Watercourses aaron.sheppard… Tue, 05/23/2023 - 13:21
  1. This section applies to all storm drainage piping of watercourses except those crossing public or private streets.
  2. The City encourages retaining stormwater onsite through rainwater harvesting, infiltration, and/or evaporation and through preserving natural drainage features. All natural watercourses shall remain open and unaltered unless piping, enclosing or altering is requested and justified by the developer or required by the Engineering Services Director, but then only when the following conditions are met:
    1. Where the Engineering Services Director has determined that an existing public or private storm drainage system is reasonably available, the developer must either connect the development pipe system to said storm drainage system or, during the administrative site review meeting for the development, propose options for using GSI practices as a part the site’s stormwater management plan;
    2. The developer must do all grading and provide all structures necessary to properly connect to the existing storm drainage system;
    3. All design and construction must be to City standards;
    4. Pipes and open channels must be designed in accordance with the Stormwater Management Design Manual;
    5. Storm drains and culverts used in conjunction with streets must meet the standards of Sec. 9.3.8. and Sec. 9.3.9.;
    6. To preserve the screening function of CM Districts and protective yards, pipes which traverse any CM District or protective yard for a distance of at least 50 feet or more shall be built with a bend to prevent direct sight view through the yard provided that the bend must not exceed a 90-degree angle. The requirement of a bend within a CM District or a protective yard may be waived or modified waived or modified by the City Council where the
      gradient will not permit gravity flow or where the CM District or a protective yard fails to contain a vegetative screen;
    7. Where natural drainage systems are used or where an approved pipe drainage system cannot be connected to an existing public pipe drainage system, a developer must grade to assure positive flow of runoff from design storms and provide drainage structures that are necessary to properly carry stormwater to locations which are acceptable to the Engineering Services Director. Such grading shall not preclude the use of practices that retain the stormwater onsite;
    8. The watercourse is located outside natural resource buffer yards of a -FWPOD, -SWPOD, UWPOD, -MPOD or CM District and outside riparian water surface buffers unless a variance is granted; and
    9. The watercourse buffer standards of Sec. 9.2.3., whenever applicable, are met.

Sec. 8.8.3. Stormwater Control Plans

Sec. 8.8.3. Stormwater Control Plans aaron.sheppard… Tue, 05/23/2023 - 13:22
  1. For all subdivisions subject to Article 9.2. Stormwater Management through Article 9.5. Watershed Protection Areas, a stormwater control plan must be submitted and approved as part of the preliminary plan.
  2. This requirement may not apply to a subdivision where all proposed lots exceed 1 acre in size.
  3. If all lots exceed 1 acre in size, a stormwater control plan must be submitted for the streets, utilities and storm drainage areas for the entire subdivision, but no stormwater control plan is required to be submitted for each lot within the subdivision.
  4. A stormwater control plan must be approved for each individual lot within a subdivision at the time any permit is requested.

Article 8.9. Facility Fees

Article 8.9. Facility Fees aaron.sheppard… Mon, 05/08/2023 - 10:32

Sec. 8.9.1. Facility Fees Imposed on New Construction

Sec. 8.9.1. Facility Fees Imposed on New Construction aaron.sheppard… Tue, 05/23/2023 - 13:22
  1. No person shall make any improvement until all applicable thoroughfare or open space facility fees have been paid in full.
  2. No building permit or other City permit for those improvements not requiring a building permit, shall be issued for any activity requiring the payment of a facility fee until the required facility fees have been paid in full.
  3. Current facility fees are listed in the City of Raleigh Fee Schedule, kept on file by the City and are updated and adopted by the City Council.

Sec. 8.9.2. Facility Fee Exceptions

Sec. 8.9.2. Facility Fee Exceptions aaron.sheppard… Tue, 05/23/2023 - 13:23

Facility fees shall not be imposed in the following circumstances.

  1. Governmental authorities that are exempted by law from paying the fees.
  2. Alterations, repairs, renovations or expansion of a residential building where no additional residential units are created and use, as shown within the fee schedule, is not changed.
  3. Replacement of a building or structure or manufactured home with a new building or structure or manufactured home of the same dwelling type or non residential use. Nonresidential alterations, repairs, renovations or replacement buildings or structures must be of the same size and use as the original building or structure and must meet the same parking, acreage, bed or other fee basis requirements. If the alterations or replacement change of use or alteration or expansion payment rule in Sec. 8.9.3.A. or Sec. 8.9.3.B. shall apply. No facility fee credit will be given under this section or under Sec. 8.9.3.A. or Sec. 8.9.3.B. unless the structure for which the credit is sought was standing at some time in the 6 year period immediately preceding the date on which the facility fee for the new project is calculated.
  4. The construction of walls, fences, monuments, billboards, poles, pipelines antennas, transmission lines, advertising signs, unmanned utility stations or substations, wells, water towers, off-street parking decks, parking garages or parking lots as the primary use on the lot or similar structures and improvements.
  5. Accessory uses listed in Sec. 6.7.3.
  6. Incidental water sports, play courts, play fields provided that there is no solicitation of off-site traffic or business, there is no separate charge or membership fee associated with the use of such facilities and no special use permit is required.
  7. Temporary structures or uses.
  8. Croplands or pasturelands and incidental sheds and barns. But processing facilities and residences shall pay their respective industrial and residential facility fees.

Sec. 8.9.3. Computation of Fees

Sec. 8.9.3. Computation of Fees aaron.sheppard… Tue, 05/23/2023 - 13:23

The Development Services Director shall compute and collect all facility fees.

  1. Alterations, Expansions or Redevelopment
    In the case of an alteration, expansion, renovation or redevelopment of an existing development, facility fees shall be levied based upon the net increase, if any, above that which the existing development would pay.
  2. Change of Use or the Addition of Other Uses
    1. In the case of a change of use, which increases the fee rate or total fee above that which the existing use would pay, facility fees shall be paid based upon the net increase in the fee for the new use as compared to the previous use.
    2. There shall be no reimbursement of any facility fee due to a change of use which has a lower fee than the current use, nor shall there be any reimbursement if a use is terminated.
  3. Change of Use Status from Illegal to Legal
    In the case of a use that was previously illegal under the Raleigh City Code being made legal other than by terminating the use, the use shall be liable for the payment of a facility fee equal to the fee that would be paid if the use were a new use.
  4. Mixed Use
    In the case of mixed use developments or multiple tenants or unit owners each separate occupancy of tenant space shall be charged a fee based on the prevailing use or function of that space.
  5. Shell/Foundation Permits
    1. In the case of a “shell or foundation” permit, the facility fee amounts shall be based on the building permit.
    2. If it is found during review of the “fit-up” permit that the uses differ from these uses for the shell, a determination shall be made as to whether or not an additional fee or refund is due. If any additional fee is due, it shall be paid prior to the issuance of the fit-up permit.
  6. Size of Retail Establishments
    In the case of retail uses which share common drives or parking areas, all such retail uses, including those located on separate outparcels, shall pay a thoroughfare facility fee based on the appropriate square footage range of all the retail uses located within the development even if this is a greater fee than for any single retail use or other combinations of retail uses.
  7. Unscheduled Activity
    1. ​​​​​​​If the type of new construction activity is not specified on the thoroughfare fee schedule, the Development Services Director shall use the thoroughfare fee applicable to the most nearly comparable type of land use on the thoroughfare fee schedule.
    2. If the applicant disagrees with the determination of the Development Services Director, then the applicant shall use the alternate thoroughfare facility fee calculation, except that the cost per trip end factor shall be the same referred to in the alternative thoroughfare fee calculation schedule.

Sec. 8.9.4. Funds Collected

Sec. 8.9.4. Funds Collected aaron.sheppard… Tue, 05/23/2023 - 13:24
  1. Creation of Trust Funds
    1. The facility fees collected by the City shall be kept separate from other revenue of the City.
    2. There shall be 1 trust fund established for each of the benefit areas, shown on maps labeled “Thoroughfare and Collector Street Benefit Areas” and “Open Space Benefit Areas,” respectively; copies are on file with the City Clerk and are made a part of this UDO.
    3. All facility funds collected shall be properly identified by the appropriate benefit area and transferred for deposit in the appropriate trust account.
    4. A portion of these funds shall be allocated and assigned to a separate account for each benefit area for the purpose of providing funds for reimbursements required per Sec. 8.9.1. and Sec. 8.9.3.
    5. These funds shall be allocated into the appropriate reimbursement accounts as follows:
      1. Thoroughfare and collector street fees as defined in this UDO:
        1. Benefit Zone 1: 50% of the funds collected.
        2. Benefit Zone 2: 27% of the funds collected.
        3. Benefit Zone 3: 27% of the funds collected
      2. Open space fees: All Benefit Zones: 20% of the funds collected.
    6. Funds may be transferred from reimbursement accounts to project accounts for each benefit area at the end of each fiscal year, to the extent that the account balance in each benefit area exceeds the contractual reimbursement
      obligations for the area.
  2. Limitation on Expenditure of Funds Collected
    1. Funds expended from facility fee trust accounts shall be made for no other purpose than for thoroughfare and collector street capital costs or open space capital costs associated with projects undertaken by the City or by the City in conjunction with other units of government.
    2.  No funds shall be used for periodic or routine maintenance or for administration of the facility fee program.
    3. Expenditures from the trust fund shall be matched by an equal sum of money approved from non-fee sources and shall be spent for projects located in the same zone in which the fees were collected.
    4. All funds shall be used exclusively for capital improvements within the benefit area from which the funds were collected.
    5. A report of the collection activity from application of facility fees shall be made to City Council and once every 2 years.
    6. The report shall show where fees have been collected and what projects have been constructed or reimbursed with fee monies.
    7. The City Council shall review this report and consider whether within each benefit area fees are being spent so that no area of new construction is not being benefited by the fees.
    8. If the City Council determines that areas of new construction within benefit areas are not being benefited, then it shall readjust capital improvements program to correct this condition.
    9. Funds shall be expended in the order in which they were collected. But in no event shall funds not be expended within 6 years after their collection except when the City, in conjunction with any other unit of government, provides the facility; in such cases, the funds must be expended within 10 years after their collection.
  3. Disbursal of Funds
    Funds withdrawn from these trust accounts must be used solely in accordance with the provisions of this UDO. The disbursal of funds require the approval of the City Council upon recommendation of the City Manager.
  4. Interest on Funds
    1. Any funds on deposit not immediately necessary for expenditure shall be invested as allowed in N.C. Gen. Stat. §159-30 for other public monies.
    2. All income derived shall be deposited in the applicable trust account.
  5. Return of Fees
    1. If the development for which the fees were paid was never begun or if begun, the property is restored to an undeveloped state, a reimbursement will be allowed within 7 months following the issuance of a building permit provided such permit is surrendered to the City or within 7 months following the payment of the facility fee in the case when no building permit is required.
    2. Any funds not expended within the time limits established in Sec. 8.9.4.B.9. above shall be returned to the feepayor or the landowner if the address of the feepayor provided to the City is not current with interest at the rate of
      6% per annum. A refund of permit fees is allowed for shell permits if it is determined during review of the “fit-up” permits, the uses have changed to a use with a lower fee then a refund is owed.

Sec. 8.9.5. Penalties

Sec. 8.9.5. Penalties aaron.sheppard… Tue, 05/23/2023 - 13:24
  1. In addition to any other remedy allowed by N.C. Gen. Stat. §160A-175, the failure to pay a facility fee is a civil penalty.
  2. The amount of the penalty shall equal the amount of the unpaid facility fee, plus an interest charge of ½ % per month compounded monthly and a service charge of $100.
  3. The City may assess the penalty against the developer or the landowner where new construction has occurred without payment of a facility fee; but no service charge will be assessed when City staff has made an error in the fee calculations.
  4. No penalty shall be assessed until the person or persons alleged to be in violation are served by registered mail, certified mail—return receipt requested or personal service with notice to pay.
  5. The City Attorney is authorized to institute a civil action in the name of the City, in the appropriate division of the general court of justice in Wake County for recovery of the penalty.
  6. All monies recovered shall be deposited in the appropriate trust fund.

Article 8.10. Enforcement

Article 8.10. Enforcement aaron.sheppard… Mon, 05/08/2023 - 10:33

Sec. 8.10.1. Violations and Violators

Sec. 8.10.1. Violations and Violators aaron.sheppard… Tue, 05/23/2023 - 13:25

Each of the following are declared to be violations of the Raleigh City Code.

  1. It shall be unlawful for any person to design, construct or open, any street, drainage structure or utility line unless and until such street, drainage structure or utility line shall be platted, laid out, graded and improved in accordance with the provisions of this UDO, plans approved under this UDO and conditions of approval.
  2. Any owner, tenant, architect, attorney, contractor, designer, engineer, lender, real estate broker, surveyor, agent or any other person who acts in concert, participates, directs or assists in the creation or continuation of a violation of this Chapter, any regulation, rule, order or condition of approval adopted pursuant to this Chapter, or contrary to any plan approved under this UDO are each declared to be violators of the Raleigh City Code.
  3. It shall be unlawful for any person to record a plat without the approval of the City, to make any change to an approved plat or to record a document beyond its expiration date for recording without the specific written consent of the City. The Clerk of the Superior Court of Wake County shall not order or direct the recording of a plat where such recording would be in conflict with this Chapter.
  4. It shall be unlawful for any person to subdivide real property by deed, will, security instrument, partition or by map, contrary to this Chapter, any rule, regulation, order, condition of approval adopted pursuant to this Chapter, or any plan approved under this UDO.
  5. It shall be unlawful for any person to fail, neglect or refuse to make any dedication as required by this UDO, any rule, regulation, order or condition of approval adopted pursuant to this UDO or any plan approved under this UDO.
  6. It shall be unlawful for any person to own, manage, lease or occupy real property, the subdividing of which is an unlawful subdivision by virtue of this UDO, when such person knows or has reasonable grounds to believe that the property was subdivided contrary to this UDO, any regulation, rule, order or condition of adopted approval or contrary to any plan approved under this UDO. The enumeration of these declared violations shall not be deemed exclusive or all-inclusive. All persons who shall commit violations shall be held responsible and shall be subject to the penalties and remedies provided in Sec. 1.1.10. and Sec. 8.10.2. Each day's continuing violation shall be a separate and distinct violation or offense.

Sec. 8.10.2. Remedies and Penalties

Sec. 8.10.2. Remedies and Penalties aaron.sheppard… Tue, 05/23/2023 - 13:25

Enforcement may be by any one or more of the following provisions and the institution of any action under any of these provisions shall not relieve any person from any other civil or criminal proceeding prescribed for violations and prohibitions.

  1. Unauthorized Streets Closed
    The Transportation Director is authorized and directed to take necessary action to cause to be closed any street opened and constructed in violation of this Chapter.
  2. Water and Sewer Service Not Provided to Violating Property 
    No water or sewer service shall be furnished by the City to any lot, owner or occupant of any land abutting upon any street or connected to a City public utility which is opened, not opened, laid out or constructed contrary to any plan approved under this UDO or in violation of this Chapter.
  3. Construction Permits Withheld
    1. Development Services shall not issue any construction permit for any proposed structure upon any land abutting upon any street which is opened, not opened, laid out or constructed contrary to any plan approved under this UDO or in violation of this Chapter and written policies which are approved by the City Council and filed with the City Clerk
    2. The filing or recording of a deed, a will, a security interest, a plat of a subdivision, other division or land or recombination contrary to this Chapter shall not be recognized by the City. All administrative actions relating to such land, including the issuance of any grading, construction, building or occupancy permit will be suspended. To properly enforce the provisions of this Chapter, prior to the beginning of any construction, grading, reconstruction, use or alteration of any land, building or structure, Development Services shall first determine that the requirements of this Chapter are met.
  4. Assessment of 100% Cost of Incomplete Improvements
    1. In the event the developer either fails to install any improvement required under this UDO or under a plan approved under this UDO or makes an installation contrary to this UDO or plan approved under this UDO, the City may assess 100% of the costs of the incomplete improvements required to some or all of the owners of the property within the subdivision or development and make the required installations.
    2. Assessments must follow the procedures of N.C. Gen. Stat. Chapter 160A, Article 10 or other statutory authorization where the City may do the work and assess the costs to the landowners inside and outside the corporate limits of the City.
    3. When deciding which lots to assess, the City Council shall consider, among other things, the extent to which the lots are benefitted by the assessment project, the extent to which the lots may have paid for the improvement and the extent the improvements were installed by the developer.
  5. Forfeiture of Reimbursements
    Failure by the developer to comply with all requirements of the regulations in this Chapter shall result in forfeiture of any and all reimbursements of Article 8.6. Reimbursements
  6. Civil Penalty
    1. General
      1. Any act constituting a violation of this Chapter shall subject the offender to a civil penalty to be recovered by the City in a civil action in the nature of a debt.
      2.  All violations shall be subject to a civil penalty in the amount of $50 per day of continuous violation. In addition, the City Manager may authorize a civil penalty of up to $250 per day if it is determined that this larger penalty will contribute toward correction of the violation.
    2. Citation Contents
      1. No civil penalty shall be assessed until the person alleged to be in violation is served by either registered mail, certified mail-return receipt requested, personal service notice or other means reasonably calculated to give actual notice.
      2. The notice shall set forth in detail a description of the violation for which the penalty has been invoked.
      3. The notice shall also set forth the measures needed to come in compliance and shall state the time within such measures must be completed.
      4. The notice shall state that failure to correct the violation within the specified time will result in the assessment of a civil penalty and other enforcement action.
      5. If, after the allotted time period has expired, corrective action has not been completed, the penalty shall be assessed from the date of receipt of notice of violation and each day of continuing violation thereafter shall constitute a separate violation against those persons who have the ability to correct this violation and fail to do so.
    3. Collection
      1. The City Manager is authorized to accept payment in full and final settlement of the claim or claims right or rights of action which the City may have to enforce such penalty by civil action in the nature of debt. Acceptance of a penalty shall be deemed a full and final release of any and all claims or right of action arising out of contended violations, only if the activities or non-activities which gave rise to the violations are abated or otherwise made lawful.
      2. If the payment is not received or equitable settlement reached within 30 days after demand for payment is made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City in the appropriate division of the General Court of Justice in Wake County for recovery of the penalty

Article 8.11. Transit Infrastructure

Article 8.11. Transit Infrastructure aaron.sheppard… Mon, 05/08/2023 - 10:33

Sec. 8.11.1. General Provisions

Sec. 8.11.1. General Provisions aaron.sheppard… Tue, 05/23/2023 - 13:26
  1. Intent
    In order to maintain and improve access to the local and regional transit systems, development subject to site plan review per Sec. 10.2.8. and located along existing or planned transit routes is required to provide for new transit amenity infrastructure. The required improvements may include a transit easement, shelter, bench or other amenities as described in Sec. 8.11.3.
  2. Applicability
    1. Where a Tier 2 or Tier 3 plan is proposed on lots with frontage on an existing near-term planned or long-term planned transit route the requirements of this Article shall apply.
    2. The type, quantity and location of transit infrastructure to be provided are based upon trip generation rate of the proposed development. When a suitable location for the transit stop cannot be provided on-site due to
      physical constraints, a fee in lieu of construction shall be paid to the City for the design and construction of a comparable stop location nearby. Physical constraints are defined as:
      1. Steep slopes in excess of 15%;
      2. Potential intersection or driveway sight distance conflicts; or,
      3. The proposed location poses an unsafe condition for the transit system, motor vehicles, or pedestrians.
  3. Land Use and Daily Trips
    Accepted trip generation standards will be analyzed to determine whether or not dedication or installation of a transit stop and associated infrastructure shall be required. These standards are a function of land use, size of building or use and total daily site trips. This determination will be made pursuant to Sec. 8.11.3.
  4. Operational Considerations
    A transit stop will be constructed on-site when it facilitates the efficient and safe operation of the transit service and allows for safe vehicular and pedestrian
    movements.

Sec. 8.11.2. Requirement Thresholds

Sec. 8.11.2. Requirement Thresholds aaron.sheppard… Tue, 05/23/2023 - 13:26
  1.  Transit infrastructure, in accordance with Sec. 8.11.3., is required when all of the following conditions are present:
    1. The site has frontage along an existing public transit route operated either by a public transit agency, or the site has frontage along a planned transit route as illustrated in the City's adopted Comprehensive Plan; and
    2. The site will generate a minimum of 500 daily vehicular trips as calculated per the current edition of the Institute of Transportation Engineers' Trip Generation Handbook.
    3. If site development generates a minimum of 2,500 daily vehicular trips as calculated per the current edition of the Institute of Transportation Engineers' Trip General Handbook, and the site has frontage on more than one public street and is served by more than one public transit, two transit stops with infrastructure will be required.
  2. A new transit stop shall not be required if an existing transit stop is within a walking distance of 1,320 feet and located on the same side of the street with the same facilities that a new transit stop would be required to provide. This exemption shall not be allowed for Tier 2 or Tier 3 site plans that serve a hospital, senior housing, life care community or congregate care facility.

Sec. 8.11.3. Determining the Required Transit Infrastructure

Sec. 8.11.3. Determining the Required Transit Infrastructure aaron.sheppard… Tue, 05/23/2023 - 13:27

When the provisions of Sec. 8.11.1.B. are met, the following transit infrastructure will be required. The infrastructure elements shall meet the typical specifications as shown in the Raleigh Street Design Manual.

  1. Transit Easement
    When the transit stop is located outside of the right-of-way, a permanent 15' x 20' transit easement dedicated to the City of Raleigh shall be required on the development site.
  2. Landing Pad
    A concrete pad is required in all cases between the public sidewalk and the back of curb. The minimum width of the landing pad requirement for a transit stop (the area from which passengers board the bus and onto which passengers alight from the bus) is 30 feet. Landing pads shall fill the entire depth between the back of the curb and the public sidewalk. In cases where the depth of this area exceeds 10 feet, or in cases where curb does not exist, special accommodations may be considered on a case-by-case basis. Where placement of the landing pad conflicts with an existing or proposed street tree, the installation of a landing pad shall take precedence.
  3. Transit Stop Pad
    A concrete pad measuring 15' x 20' behind the public sidewalk, upon which all transit infrastructure is permanently installed.
  4. Sidewalk Connectivity
    Sidewalks should be constructed to connect the transit stop to the nearest existing sidewalk or public street intersection.
  5. Trash Receptacle
    Trash receptacles shall be provided at the transit stop in all cases.
  6. Seating
    Seating shall be provided in all cases where a transit stop is required.
  7. Transit Shelter
    A transit shelter shall be provided at the required transit stop. 

    Notwithstanding the foregoing, the Transportation Director may approve an equivalent alternate design.

Sec. 8.11.4. Determining the Location of the Required Transit Stop

Sec. 8.11.4. Determining the Location of the Required Transit Stop aaron.sheppard… Tue, 05/23/2023 - 13:27
  1. The Transportation Director shall make a final determination of stop location suitability in accordance with this section and in consideration of the following:
    1. A suitable transit stop shall allow for safe connectivity with the pedestrian network including access to sidewalks, the presence of crosswalks within 1,320 feet from the stop, and suitable visibility.
    2. A suitable transit stop shall be designed to accommodate efficient bus operations including bus stop spacing, curb clearance, placement in relation to the roadway, abutting property owner/tenant parking restrictions and regulations at and near the stop, vehicle turning radii, roadway lane width and surfaces, intersection design topography and other physical constraints as specified in Sec. 8.11.1.B.2.
  2. When required, a transit stop and required infrastructure shall be provided and installed on the development site by the developer in all cases except for the following:
    1. When the site is located in a DX use district, or
    2. The site is zoned with an Urban Limited, Urban General or Shopfront frontage. 

In these instances, the transit stop and infrastructure shall still be required, but may be installed within the public right-of-way. If a suitable location cannot be identified by the Transportation Director in accordance with the Raleigh Street Design Manual either on the development site or in the adjacent right-of-way, a fee in lieu of construction of the subject transit amenities shall be required in accordance with Sec. 8.11.5.

Sec. 8.11.5. Fees In Lieu of Construction

Sec. 8.11.5. Fees In Lieu of Construction aaron.sheppard… Tue, 05/23/2023 - 13:28
  1. Where the Transportation Director determines that construction of a transit stop and infrastructure would not be feasible, a fee in lieu of construction may be permitted in accordance with Sec. 8.1.10.
  2. If the development site is within 1,320 feet of an existing and accessible bus stop on the same side of the street, the Transportation Director shall determine if the developer shall pay a fee in lieu towards the upgrading of the existing stop, or
    if the existing stop shall be relocated onto or adjacent to the development site. This determination shall be made based on which site has the best balance of the following criteria:
    1. Pedestrian and vehicular safety.
    2. Operational safety and efficiency.
    3. Proximity to the transit trip generators.