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(A) Required Features
In addition to meeting the standards set forth in Section 8.2.1 above, the developer or applicant shall be required to do the following:
(1) Dedicate any additional right-of-way necessary to achieve the width required by the Town's Transportation Plan for all streets adjoining the property;
(2) Reserve but not dedicate right-of-way for controlled access highways;
(3) Install curbs and gutters along all streets adjoining the property and to pave all streets adjoining the property, in accordance with the requirements set out in the Town's Standard Specifications and Details Manual and the Town's Transportation Plan;
(4) Install sidewalks and pedestrian pathways in accordance with the requirements set out in the Town's Standard Specifications and Details Manual where the Town Council or Planning and Zoning Board determines that the public safety and convenience warrant in view of existing and expected pedestrian traffic;
(6) Install street lighting in accordance with paragraph (C) below;
(7) For residential developments, provide open space and recreational facilities in accordance with paragraph (D) below; and
(8) All utilities shall be placed underground.
Street name signs that comply with the Town’s Standard Specifications and Details Manual and the Manual for Uniform Traffic Control Devices shall be placed at all street intersections. The developer shall install the signs or pay the Town, at the time of final site plan approval, to install the signs. Street signs shall not be included in the improvements for which cash in escrow, or an irrevocable letter of credit with the Town may be submitted in lieu of the completed improvements under Section 8.2.3 below. The developer shall be required to replace or repair any street sign, which is damaged during construction.
(C) Street Lighting
The property owner or developer shall install street lighting along all proposed streets, public or private, and along all existing streets which adjoin the property, in accordance with Policy Statement No. 13 (Street Lighting), as may be amended from time to time by the Town Council. When street lighting is installed that exceeds the requirements for residential streets set forth in the adopted Town policy, and is operational prior to the issuance of a Certificate of Occupancy on such street, the length of sag may be reduced to 20 A (algebraic differences of vertical curves) for residential streets and marginal access streets and to 15 A for cul-de-sacs and loop roads.
(D) Private Open Space
The developer of each residential development requiring development approval shall set aside at least 500 square feet of open space for each dwelling unit. Such open space shall meet the standards of this section:
(1) Locational Criteria
To the maximum extent feasible, where significant natural and scenic resource assets exist on a property, the developer shall give priority to their preservation through public park or greenway dedication or as private open space. In reviewing the location of private open areas, the Planning Director shall use all applicable plans, maps, and reports to determine whether significant resources exist on a proposed site that should be protected, with priority being given to the following areas (which are not listed in a particular order):
(a) Wetlands;
(b) Flood Hazard Area;
(c) Lakes, rivers, and stream/UTB corridors;
(d) Wildlife migration corridors; and
(e) Steep slope areas.
(2) The Following Shall Not Be Counted Towards Private Open Space Areas:
(a) Private yards;
(b) Public or private streets or rights of way;
(c) Open parking areas and driveways for dwellings;
(d) Land covered by structures; and
(3) Use of Private Open Space
Private open space shall not be disturbed, developed, or improved, with any structures or buildings, except for the limited purposes allowed below.
(a) Facilities for active recreation (equipment for such uses shall be indicated on the site and/or subdivision plan provided by the developer);
(b) Private open space may include passive recreational and educational purposes approved by the Planning Director, including but not limited to walking, biking, picnicking, fishing, preservation of natural areas and scenic resources, parks, environmental education, and wildlife habitat protection.
(c) Private open space shall be distributed throughout the development and located so as to be readily accessible and useable by residents. A portion of the open space should provide focal points for the neighborhood.
(d) Clearing of underbrush and debris and the provision of walks, fountains, fences, and other similar features are allowed.
(4) Design Criteria
Land set aside for private open space shall meet the following design criteria, as relevant:
(a) The lands shall be compact and contiguous unless the land shall be used as a continuation of an existing trail, or specific topographic features require a different configuration. An example of such topographic features would be the provision of a trail or private open area along a riparian corridor.
(b) Where private open areas, trails, parks, or other public spaces exist adjacent to the tract to be subdivided or developed, the private open space shall, to the maximum extent feasible, be located to adjoin, extend, and enlarge the presently existing trail, park, or other open area land.
(5) Ownership
All private open space shall be owned jointly or in common by the owners of the development.
Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008
Note: This is not the official version of the Cary Land Development Ordinance