Sec. 8.4.1. General Provisions

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.

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.
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.
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.
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.
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.
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.
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.
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:
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.
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.

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