Currituck County Planning Board approves sidewalk requirement for new streets, adds easement language

The Currituck County Planning Board on May 13 approved a text amendment to the county’s Unified Development Ordinance that requires sidewalks on both sides of all new streets in major subdivisions and gives the county authority to require easements for future public sidewalk construction.

The amendment (PB-25-07) implements direction the Board of Commissioners gave staff at a February work session and is intended to support goals in the county’s Connect Currituck plan and Imagine Currituck 2040 vision plan for pedestrian connectivity.

Planning staff told the board the new language narrows the requirement so that sidewalks are required along new streets, rather than broadly on all development, while adding a provision “requiring an easement adjacent to the right of way for future public sidewalk construction.” Staff also said the director would retain discretion to reduce the typical 15-foot easement in situations where existing right-of-way is adequate. “You don't have to build the sidewalk, but the county would like to have a an easement for future public sidewalk construction,” staff said during the presentation.

The amendment keeps existing exceptions. Staff explained major subdivisions are generally those that are not family or no‑review subdivisions and typically involve building a road to N.C. Department of Transportation standards; subdivisions of five or fewer lots remain exempt from sidewalk requirements. The ordinance also adds “existing conditions” to a subsection addressing situations where sidewalk installation is impracticable, giving the director discretion if environmental, topographic or other existing conditions make construction infeasible.

Board members asked how the easement requirement would be applied. Staff said the easement would generally be recorded prior to a certificate of occupancy and would be identified as part of site‑plan review so developers and property owners are informed early in the permitting process. Staff also noted the county can accept performance guarantees in subdivisions so certain improvements may be bonded until final plat or completion.

The text amendment also clarifies configuration requirements: residential sidewalks must be ADA accessible and at least 5 feet wide; side paths along major corridors have a preferred width of 10–12 feet with an absolute minimum of 8 feet in constrained conditions. The amendment requires new nonresidential, mixed‑use and multifamily developments to provide at least one on‑site improved connection to any existing adjacent public sidewalk system.

During discussion, one board member expressed safety concerns about increased pedestrian and bicycle activity where sidewalks are built, noting that more pedestrians can create additional traffic flow to manage. Staff responded that the amendment is intended to avoid piecemeal, disconnected sidewalks and to give the county the option to install continuous connections later, including by obtaining easements where necessary.

Planning board member (Mover) made a motion to approve PB-25-07, a second was received, and the board approved the amendment by voice vote. Staff said the change codifies that sidewalk construction on corridors would not be required of developers in all cases but that easement and connectivity requirements give the county the option to construct public sidewalks later.

Implementation will require recording easements when applicable and coordination during site‑plan review; staff and the board did not set a specific county funding or construction schedule during the meeting.