Land Development Ordinance - Amended 6-3-2024

f. Mixing Public & Private Streets Prohibited

A proposed development shall not be designed to include a mix of public and private streets. All streets within such development shall be public, except as permitted in this Article, § 9-1610 Private Streets & Utilities or as otherwise approved by the Town Board of Commissioners. All streets within a proposed development shall be public under the following conditions:

(1) Transportation Plan . A public street is required based on the adopted Community Transportation Plan or adopted plans by the North Carolina Department of Transportation.

(2) Continuation of a Public Street . If a public street abuts the property proposed for development, then a public street is required to continue through such property proposed for development.

§9-1610 PRIVATE STREETS & UTILITIES

a. Private Streets

Private streets may be permitted under certain standards and are defined as ingress, egress or access roads on private property. Private streets are not part of any public right-of-way. Maintenance of private streets shall be the responsibility of the existing property owner, homeowners’ association or developer, and shall be identified as such on a subdivision plat or development plan recorded with the Wake County Registry of Deeds.

(1) Types of Development . Private streets may be permitted in the following types of development:

A. Mixed-Use Development (applies only within the residential component and is separate from the nonresidential component).

B. Multi-Family (only interior to the multi-family complex). Article F Use Regulations, §9-1255, l. (2).

C. Nonresidential (office, commercial and industrial parks 10 acres or less).

D. Townhouse Development. Article F Use Regulations, §9-1255, l. (2).

E. Zero Lot Line Developments. Article F Use Regulations, §9-1255, l. (4).

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