North Carolina § 160A-307 - Curb cut regulations.

§ 160A-307. Curb cut regulations.

A city may by ordinance regulate the size, location, direction of traffic flow, and manner of construction of driveway connections into any street or alley. The ordinance may require the construction or reimbursement of the cost of construction and public dedication of medians, acceleration and deceleration lanes, and traffic storage lanes for driveway connections into any street or alley if all of the following apply: The need for such improvements is reasonably attributable to the traffic using the driveway. The improvements serve the traffic of the driveway. No street or alley under the control of the Department of Transportation may be improved without the consent of the Department of Transportation. A city shall not require the applicant to acquire right-of-way from property not owned by the applicant. However, an applicant may voluntarily agree to acquire such right-of-way. History (1971, c. 698, s. 1; 1987, c. 747, s. 16; 2019-111, s. 1.16.) Editor's Note. - Session Laws 2019-111, s. 2.8, is a severability clause. Session Laws 2019-111, s. 3.1, made the rewriting of this section by Session Laws 2019-111, s. 1.16, effective July 11, 2019, and applicable to applications for down zoning amendments and for driveway improvements submitted on or after that date and to appeals from decisions related to such applications filed on or after that date. Effect of Amendments. - Session Laws 2019-111, s. 1.16, designated the previously existing provisions as subsections (a) and (b); in subsection (a), added "all of the following apply" near the end of the introductory language; and, in subsection (b), deleted the former last sentence, which read: "However, if there is a conflict between the written driveway regulations of the Department of Transportation and the related driveway improvements required by the city, the more stringent requirement shall apply.", added the last two sentences, and made a minor stylistic change. For effective date and applicability, see editor's note.