19A NCAC 02D .0402. CURB AND GUTTER AND UNDERGROUND DRAINAGE ON HIGHWAYS

(a)  Programmed Improvement Projects (Projects Included in Transportation Improvement Program).

(1)           On programmed state highway improvement projects in areas where the additional cost of curb and gutter and underground storm drainage facilities is not justified from the state's standpoint but where the adjacent property owner(s) or the municipality may desire curb and gutter and underground storm drainage facilities, such facilities may be included as part of the programmed project provided the additional cost of these facilities is borne by the adjacent property owner(s) or the municipality, and provided these facilities are in accordance with other criteria set forth in this Rule.

(2)           The Department of Transportation will approve participation by the property owner(s) or the municipality in cases where the property owner(s) or the municipality agree to have curb and gutter and underground storm drainage, if required, on both sides of the project for a minimum distance of one block or, if no intersections are present, for a minimum distance of 1000 feet.  The state will pay the cost of widening the present or proposed pavement out to the curb and gutter so provided.

(3)           The property owner(s) or the municipality must submit in advance of the project construction a certified check for the additional cost of the approved curb and gutter and storm drainage facilities.

(b)  Other Existing Paved Roads.  Along existing paved State Highway System routes where no construction project is proposed and the adjacent property owner(s) or the municipality construct curb and gutter and underground drainage facilities as approved by the Board of Transportation, the Department of Transportation will bear the cost of widening the existing pavement as required for the proper location and installation of such facilities.  Approval of such facilities shall be based on:

(1)           adequacy of the facilities to handle drainage requirements;

(2)           adequacy of the resulting roadway cross section to handle existing and anticipated traffic demands;

(3)           conformance of the proposed street cross section with standards as established by the Board of Transportation;

(4)           a minimum distance of one block length or, if no intersections are present, for a minimum distance of 1000 feet provided this requirement is not in conflict with local municipal ordinances (In case of conflict, local ordinance will prevail);

(5)           availability of state funds to widen the existing pavement.

(c)  Unpaved Roads.  Construction of curb and gutter along unpaved state highway system routes shall not be permitted.

 

History Note:        Authority G.S. 136‑44.1; 136‑66.1; 143B‑350(f); 143B‑350(g);

Eff. July 1, 1978;

Amended Eff. November 1, 1993.