§ 14-191. Improvements, right-of-way dedication.  


Latest version.
  • (a)

    All proposed new streets shall be designed and built according to one of the standards listed in section 14-190 and as shown in the DeKalb County Standards for Construction and Design.

    (b)

    Where a proposed subdivision or project requiring a land development permit has frontage on an existing public street, right-of-way shall be dedicated along that frontage so as to meet the standards of that street's classification in the county thoroughfare plan. The right-of-way shall be improved wherever required as further provided in this section. For existing streets on which a proposed subdivision or project requiring a land development permit has frontage, the applicant shall:

    (1)

    Dedicate a minimum of fifty (50) percent of the required right-of-way width as measured from the centerline of the existing street right-of-way;

    (2)

    Install all required sidewalks, street trees, streetlights, and place utilities according to the standards in section 14-190; and

    (3)

    Provide a minimum of fifty (50) percent of the roadway pavement required in section 14-190 and install it to the right-of-way centerline.

    (c)

    Land reserved for any road purposes may not be counted in satisfying yard or area requirements on the DeKalb County Zoning Ordinance where the land is to be dedicated to the public in fee simple or an easement associated with the road is granted to DeKalb County.

    (d)

    Right-of-way dedication and road widening shall extend for the full length of road frontage of the property under development and shall conform the standards in these regulations. Flares at pavement ends may be required to extend beyond property under development.

    (e)

    The board of commissioners, after considering all related factors, may authorize deviations from this section as follows:

    (1)

    Right-of-way dedication may be waived or modified if:

    a.

    Existing use of property is not to be substantially changed as a result of proposed development or construction;

    b.

    Existing government construction plans for the roadway indicate lesser right-of-way would be required for dedication; or

    c.

    The adjoining frontage is developed and the predominate existing right-of-way meets county standards.

    (2)

    Road improvements may be waived or modified if:

    a.

    Existing use of property not to be substantially changed (i.e., traffic generation and ingress/egress would remain the same);

    b.

    Governmental construction plans for the road indicate a pavement width less than county standards (only the planned pavement width shall be required);

    c.

    No more than five (5) percent of average daily traffic generation would occur between 7:00 a.m. and 9:00 a.m. and 4:00 p.m. and 6:00 p.m., on weekdays;

    d.

    The existing road meets current county standards; or

    e.

    Widening would create a hazard to traffic, pedestrians, or bicyclists along the thoroughfare.

    (3)

    The applicant may, with written concurrence of the development director and the county attorney, provide payment to the county in lieu of road improvements when:

    a.

    Road improvements by state or local action are scheduled within twenty-four (24) months;

    b.

    Existing utility companies' improvements are situated so as to require their removal or relocation before road improvements should be accomplished;

    c.

    Improvements would be economically unfeasible or would cause unreasonable land development hardships because of topography, soils, bridges, grades, etc., and delay of improvements would not adversely impact the county's road system; and

    d.

    Payment for road improvements shall be in accordance with a schedule adopted by the board of commissioners in January of each year and based on current street construction costs for the required section.

(Ord. No. 30-02, Pt. II, 7-9-02)