3. The streets serving this subdivision are designated as private streets, not public streets. The responsibility for maintenance of such private streets falls solely upon the property owners within the subdivision. No representation is made that the private streets within this subdivision meet the minimum requirements necessary that the Town of Fuquay-Varina or the North Carolina Department of Transportation will eventually assume maintenance such roads. Moreover, if such private streets are not adequately constructed and maintained, emergency service providers and public service vehicles may be unable to provide adequate service to the residents of the subdivision. 4. Perpetual maintenance of private streets or permanent access easements will be provided by a homeowners' association or by a private road maintenance agreement subjecting all lots to assessment for maintenance for the safe use of persons using the streets.
5. The Town of Fuquay-Varina shall have no obligation or intention to accept such private streets or permanent access easements as public right-of-way.
vii. Required Disclosure Statement. The initial purchasers of a newly created lot served by a private street or permanent access easement shall be furnished by the seller with a disclosure statement outlining the maintenance responsibilities for the private street or permanent access easement, in accordance with the requirements set forth in N.C. Gen. Stat. §136-102.6. The intention of this subsection is to afford the same protection to purchasers of lots on private street or permanent access easement within the Town as is provided to purchasers of lots outside the Town by N.C. Gen. Stat. §136- 102.6. B. Exceptions to Nonresidential Lot Frontage Requirements . A minor subdivision may create one (1) or more lots that abut one (1) or more permanent access easements, rather than a public right-of-way or private street, but only if all of the following conditions are met:
i. Location . The subdivision must be located in a nonresidential zoning district.
ii. Minimum Access. At least one (1) adjoining permanent access easement must be no less than 24 feet in width (for a two-way easement), or no less than 12 feet in width (for a one-way easement), and providing legal ingress and egress to a public right-of-way. Said easement must be connected to an existing public
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