Morrisville UDO Administrative Manual, August 1, 2018 version

Part 3. Outside Agency Permits and Approvals 3.2 State Agency Permits and Approvals

3.2. STATE AGENCY PERMITS AND APPROVALS

NCDOT Driveway Permits, Right-of-Way Encroachment Agreements, Street Design

Although the Town maintains most local streets in Morrisville, the North Carolina Department of Transportation (NCDOT) maintains most major thoroughfares in the town (including NC 54/Chapel Hill Road, Morrisville-Carpenter Road, Morrisville Parkway, Aviation Parkway, Church Street, Davis Drive, and Airport Boulevard). NCDOT regulates access to State-maintained streets through the review of an application for a driveway permit by the NCDOT Division 5, District 1 Engineer’s Office. NCDOT’s review of a driveway permit application generally happens concurrently with the Town‘s Construction Plan approval procedure.

Things to Know 

NCDOT review of a Driveway Permit application may require much longer time than the Town’s Construction Plan Approval process. Thus, applicants for Town development approvals should contact the NCDOT district office as soon as possible in the development approval process to determine the extent of NCDOT’s review and requirements.  Driveway access must comply with both NCDOT regulations and driveway and access standards in the Town’s UDO. If there is any conflict between them, the more stringent requirement applies.

NCDOT cannot sign off on the driveway permit until the Town has provided tentative Construction Plan Approval, and the Town cannot issue final Construction Plan Approval until the applicant has submitted a copy the NCDOT permit and stamped approved plans to the Town’s Engineering staff. If NCDOT requires plan changes, Construction Plan Approval will be delayed while the applicant revises the Construction Plans to reflect changes required by NCDOT and the Town reviews the revised plans. Standards and procedures for NCDOT driveway permits are included in NCDOT’s publication “Policy on Street and Driveway Access to North Carolina Highways.” NCDOT driveway permits generally require review of not just the proposed driveway connection to a State- maintained roadway, but also the use and basic site design for the proposed development, as well as the design and traffic flow data for the roadway to which the driveway connects. Where traffic using the proposed driveway is expected to significantly increase traffic delays or lower the “level of service” of the roadway to which it connects, NCDOT expects the driveway permit applicant to provide mitigation improvements. Such improvements commonly include acceleration, deceleration, turning, or traffic storage lanes, as well as any additional right-of-way needed to accommodate the improvements. NCDOT requires encroachment agreements to authorize the installation of curb and gutter, pavement widening, storm drainage facilities, ditches and shoulders, sidewalks, utility lines, signs, fences, and other items in the right-of-way of a State-maintained street. NCDOT may require performance and indemnity bonds as part of the encroachment agreement. NCDOT review of proposed encroachment agreements begins with the Division 5, District 1 Engineer’s Office. If a proposed subdivision or other development includes a new State-maintained street or the extension of an existing State-maintained street, plans for such extension must be approved by the NCDOT Division 5, District 1 Engineer’s Office as well as by the Town in accordance with UDO standards. Standards for subdivision streets are included in NCDOT’s publication “Subdivision Roads Minimum Construction Standards.” Design standards for all State-maintained streets are included in the NCDOT publication “Roadway Design Manual.”

North Carolina Department of Environmental Quality Permits and Approvals

The North Carolina Department of Environmental Quality (NCDEQ) is responsible for planning and regulating activities affecting the state’s natural resources. The Environmental Management Commission (EMC) oversees and adopts rules for several NCDEQ divisions, including the Divisions of Water Resources, Air Quality, and Energy, Mineral, and Land Resources (DEMLR).

August 1, 2018

Morrisville, NC

Page 3-26

Administrative Manual