Sec. 12.4. Pedestrian and Bicycle Mobility

12.4.1. General

A. Sidewalk, walkway, on-road improvements, and trail systems sufficient to serve both existing and projected pedestrian and cyclist needs shall be labeled on all site and subdivisionClosed All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. plans. Such systems shall be designed to connect with all elements within the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. areas, and transit stops and can include sidewalks along public or private streets, wide outside travel lanes, bike lanes on roadways, and walkways and trails in alternative locations as appropriate. Design, location, dimensions, dedicationsClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency., easementsClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., and reservationsClosed The withholding by a private entity of specific real estate from development pending acquisition by a public agency. shall conform to applicable City and County policies and plans for sidewalks, bicycle routes, and trails.

B. Walkways and trails shall be designed to maximize the safety of users and the security of adjoining properties with respect to location, visibility, and landscaping.

12.4.2. Sidewalk Requirement

A. A sidewalk shall be provided along public or private right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. as shown in the table below.

Street Type

Rural Tier

All Other Tiers

FreewaysClosed A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended.; ExpresswaysClosed The same attributes as a freeway but with partial control of access and some limited driveways. Such facilities are identified and further described on the adopted Comprehensive Transportation Plan, as amended.

None

None

All other streets

None

Both Sides

B. Preliminary and minor platsClosed A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided., and developmentsClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. required to improve existing right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. to City or NCDOT standards, as applicable, shall provide public sidewalk within right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. pursuant to paragraph 12.4.2A, Sidewalk Requirement.

C. For all other developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. except as exempted pursuant to paragraph 12.4.2D, Exemptions, required sidewalk along the right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. frontage of the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site shall be provided, as applicable per paragraph 12.4.2A, through only one of the following two methods. The following methods shall not be used in combination:

1. Sidewalk located within the right-of-way and/or on-site

a. Sidewalk shall connect to external sidewalks that extend to the property of the subject developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., including connectivity to crosswalks and end of pavement at all adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. intersections.

b. Sidewalk located on-site shall meet the following criteria:

(1) The sidewalks shall be located within a public access easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes.;

(2) The maximum distance from the right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., measured to the closest edge of the sidewalk to the right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., shall be 20 feet; and

(3) Lighting per Sec. 7.4, Outdoor Lighting, shall be provided either by proposed or existing on-site lighting, or street lights within the right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

2. Payment-in-lieu (City only)

a. Payment-in-lieu of constructing required sidewalk shall be made at the rate set by the City Council.

b. In order to accommodate future sidewalk, a recorded easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. shall be provided along frontage of the subject property where no sidewalk is proposed if the existing right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. is not of sufficient width to accommodate a sidewalk.

c. Payment-in-lieu shall not remove the requirement of sidewalk per paragraph 12.4.2A for future developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. projects, unless exempt per paragraph 12.4.2D, Exemptions.

D. Exemptions

The following shall be exempt from the installation of public sidewalk:

1. Sidewalk shall not be required when developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. submittals consist of only the following:

a. Improvements consist only of unmanned facilities of less than 1,000 square feet, such as storage rooms, mechanical equipment, coolers, or stand-alone ice kiosks;

b. Additional motor vehicleClosed All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. parking consisting of less than four spaces;

c. Additions of less than 1,000 square feet of buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. area;

d. Improvements that are documented to solely bring existing facilities up to current health, safety, or buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. code requirements;

e. GradingClosed A land disturbing activity that modifies the contours of the land. and/or utility improvements; or

f. Only requires review by the Planning Department.

2. Public sidewalk shall not be required when documentation is provided that sidewalk will be provided, through a scheduled and funded City or State roadway project, along the location where sidewalk would otherwise be required.

3. Sidewalk shall not be required along unimproved right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. that is not required to be improved as part of the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. project.

E. Alternative Pedestrian Plans

1. Alternative pedestrian plans that are valid as of June 1, 2013, except for those approved pursuant to previous UC District requirements, shall remain valid and can developClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. sidewalks and/or walkways pursuant to the plan in lieu of sidewalk requirements of this section.

a. If aspects of sidewalk developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. are not addressed within the plan, Ordinance requirements shall apply.

b. Plans shall be updated every four years from the date of previous approval to maintain validity, demonstrating areas of completed sidewalks and/or walkways of the plan.

2. Pedestrian plans approved pursuant to previous UC District requirements shall no longer be valid.

F. (County Only) Additional Requirements for the SRP-C District

1. Sidewalk shall be provided along both sides of public or private right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

2. Along right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. with curb and gutter located internal to the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., sidewalk can be provided at the back-of-curb.

3. Sidewalks and other walkways internal to the SRP-C District can be constructed with any all-weather surface material as long as it meets accessibility standards and, if applicable, meets NCDOT standards.

12.4.3. Additional Standards for Pedestrian and Bicycle Facilities

A. Pedestrian and bicycle facilities shall be clearly marked using NCDOT standard markings, or shall be based on the Manual on Uniform Traffic Control Devices.

B. AdjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. public greenways shall be connected to pedestrian and bicycle facilities on the site.

C. Pedestrian and bicycle connections shall be made to any existing or proposed off-site pedestrian, bicycle, and transit facilities.

D. Internal Walkways

1. Walkways shall be provided to satisfy paragraph 12.4.1, General. Additionally, walkways shall be provided along common access drivewaysClosed A private roadway located on a parcel or lot used for vehicle access. and areas that serve as ingress/egress for the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site pursuant to paragraph 12.2.2B.2.b, DrivewaysClosed A private roadway located on a parcel or lot used for vehicle access., as follows:

a. A walkway shall be placed along both sides of the drivewayClosed A private roadway located on a parcel or lot used for vehicle access. or area.

b. The walkway shall be located no more than five feet from the edge of drivewayClosed A private roadway located on a parcel or lot used for vehicle access. or area.

c. DrivewaysClosed A private roadway located on a parcel or lot used for vehicle access. and areas that solely serve as access for rear-loaded townhousesClosed A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouses or loading areasClosed A space used to transfer goods and material between vehicles and a building or lot. for nonresidential buildings shall not require walkways.

2. The minimum width of internal walkways shall be four feet, or as required by the State accessibility code, whichever is greater.

3. Walkways shall be constructed of an all-weather solid surface material such as concrete, asphalt, or another similar material that would satisfy the State accessibility code.

12.4.4. Dimensions and Design

A. Sidewalks

1. In right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. with curb and gutter, sidewalks shall be a minimum of five feet in width with a minimum three-foot grass strip between the sidewalk and curb, unless otherwise specified in this Ordinance.

a. A wider grass strip or planting area shall be required as necessary to accommodate street trees planted within rights-of-way.

b. Alternative widths can be allowed if permitted pursuant to developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. guidelines maintained by the City Public Works Director, or NCDOT, as applicable.

2. Conventional sidewalks shall be constructed of concrete unless an alternate material is approved by the City Public Works Director, or Designee.

3. Along strip-paved roadsClosed See “Street, Public” and “Street, Private.” sidewalks shall be located behind the roadside ditch or guardrail.

B. Bicycle Facilities

Either wide outside travel lanes or bicycle lanes, as determined by the City Transportation Director or NCDOT, or appropriate designees, shall be a part of any roadClosed See “Street, Public” and “Street, Private.” improvement made on roadways which are indicated as bicycle routes on the Durham Trails and Greenways Master Plan, the Metropolitan Planning Organization's Transportation Plan, or other adopted bicycle plan.

C. Shared Facilities

Rather than utilize separate pedestrian and bicycle facilities, shared facilities with a 10 foot minimum width are allowed in any area where both sidewalks and bicycle facilities are required, unless separate facilities have been previously developedClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or approved in the area. Shared facilities of that same width shall be required, however, following the initial installation of shared facilities in the area.

D. Standards

Pedestrians and bicycles shall be accommodated as shown in the table below. All street design standards shall be established by the City Transportation Director or NCDOT, or appropriate designees.

Standard

Rural Tier

Suburban Tier

Urban Tier

Compact Neighborhood/ Downtown Tiers

PEDESTRIAN FACILITIES

Public sidewalk, 5 feet minimum, all roadways (see paragraph 12.4.2, Sidewalk Requirement)

No

Yes

Yes

Yes

Pedestrian crossing treatment at intersections (marked crosswalk, bulb-out, hot button etc.)

No

Yes

Yes

Yes

Pedestrian routes in parking areas protected from vehicular traffic

No

Yes

Yes

Yes

BICYCLE FACILITIES

Bike lanes on all boulevards and thoroughfares, either 4-foot minimum width striped outside gutter edge or 14-foot outside lanes, determined on a case-by-case basis

Yes

Yes

Yes

Yes