Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 8 – 13 Effective Date: March 6, 2018 Supp. No. 5 Article 8.3. ​​Blocks, Lots, Access | CHAPTER 8. ​SUBDIVISION & SITE PLAN STANDARDS Sec. 8.3.5. Site Access D. 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. When cross-access is waived by the PublicWorks Director in accordance with Sec. 8.3.6. , bicycle and pedestrian connections shall be provided between abutting properties except where there is a perennial wet stream crossing greater than 15 feet in width that interferes with such access. 4. 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 Planning and Development 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. 5. The content of the cross-access agreement required by the City shall be as follows: a. 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. b. The location of the pedestrian and vehicular access is described as over all sidewalks, vehicular drives and driveways located on the property or by specific metes and bounds. c. The beneficiaries granted access rights include the lot owners, their successors, heirs and assigns, tenants and subtenants, lenders, employees, customers and guests. d. 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. e. 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. f. 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. g. A notice provision explaining how and where to send written notice. h. A provision prohibiting the erection of fences walls and other obstructions that prevent the use of vehicular and pedestrian access ways. i. 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. j. 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 PublicWorks Director and such amendments and terminations that are in violation of the Raleigh City Code are void ab initio. k. The cross access agreement shall be signed by all of owners of the granting property. l. All lenders and their trustees with interests in the granting property shall subordinate their security interests to the cross access agreement. m. 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.