Unified Development Ordinance, 6th supplement, September, 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 8 – 35 Effective Date: March 6, 2018 Supp. No. 5 Article 8.5. ​​Existing Streets | CHAPTER 8. ​SUBDIVISION & SITE PLAN STANDARDS Sec. 8.5.3. Nonconforming Streetscapes Sec. 8.5.3. Nonconforming Streetscapes A. Where a streetscape along an existing street is constrained by an existing building, the PublicWorks Director may adjust the streetscape standards to the minimum extent necessary to accommodate the existing area between the face of the building and back of curb. B. The standards shall be modified in the following order. 1. Reduce or eliminate the planting area. 2. If necessary, replace large canopy trees with small trees that are more appropriate for the reduced area. If the planting zone is eliminated, create a bumpout to provide for tree planting. 3. Reduce the sidewalk to the minimum width necessary to accommodate ADA accessibility. Sec. 8.5.4. Existing Private Streets A. General 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. 8.4.7. 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. B. Homeowners' Association 1. 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. 2. 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. C. Locked Gate Access 1. Any private street in existence or approved prior to September 1, 2013 may be considered for gated access. 2. 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. 3. The owner, including any homeowners' association, shall maintain the lock- box, gate and gate lock in a working order so as to ensure accessibility by emergency personnel and vehicles. 4. 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. D. Traffic Flow 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. E. Street Signs All streets must contain identification as required in Sec. 7.3.13.H. F. Setbacks and Lot Widths All private streets shall be treated as public street rights-of-way for purposes of determining required setbacks and lot widths.