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4 <br />1. The type of subdivisions that have the ability to ask for a private road. Over the years, the <br />private road justifications have become less specific. <br />2. The number of lots that~could be on a private road. The present standard is up to 25 lots <br />on a private road. The staff is suggesting that this be reduced to 10 lots. <br />3. The width of the roadways. The staff is suggesting to only have class A and class B roads <br />and not class C roads. <br />4. The condition of private roads. The staff is suggesting that the roads be certified by an <br />engineer. <br />Craig Benedict explained the suggested private road standards. If there were flexible <br />development there would have to be a two-acre minimum requirement, plus the 33 percent open space. <br />Building setbacks would be from 20 feet to 40 feet instead of "significantly greater." If there were some <br />historic areas on the site, 50 percent of that resource would be dedicated. Within protected watersheds, <br />stream buffers would be increased by 25 percent above the County's code. Impervious surface areas <br />would be decreased 15 percent. Glass B roads would be for one to five lots and class A would be for six <br />to ten lots. After ten lots, a public road would be required. <br />One of the biggest issues is how to determine which projects have to adhere to these <br />regulations and which do not. These standards do not affect any major subdivisions. There are no <br />projects in the pipeline with 20 lots on private roads. There are a lot of minor subdivisions that have <br />been submitted over the last nine or ten months that are affected to a certain degree by these new <br />regulations. There are roughly 60 minor subdivisions with five lots or less that are in various stages of <br />approval. Of those 60, 33 of them would not be affected by these new regulations. There are 12 minor <br />subdivisions where the applicant would have to start over with the approval process. There are seven <br />subdivisions that could proceed using the old regulations because they were submitted before the public <br />hearing. Craig Benedict said that the Commissioners could also decide not to grandfather in these <br />subdivisions. There are eight subdivisions that would have to change the width of the road on their <br />plans. Private road justification would not be required for subdivisions with three or fewer lots. <br />Commissioner Brown verified that one driveway could service two lots and that there were no <br />standards for the driveways on the private roads. <br />Commissioner Jacobs thinks in some ways this is an improvement to the private road <br />standards. He said that it was important to make it clear that private roads are not by right. He asked if <br />the private roads that were for three or fewer lots had to have a professional engineer certify them. Craig <br />Benedict said yes. <br />Commissioner Jacobs made reference to page six and the stream buffers for subdivisions in <br />protected watersheds. He asked how the Rural Buffer was treated in these standards because there <br />was no reference to the Rural Buffer in the document. Craig Benedict said that the density in the Rural <br />Buffer for the subdivision requirements needed to be addressed. This can be addressed with the joint <br />planning area process. <br />Commissioner Jacobs pointed out that there was no provision for averaging lot size. One of <br />his overall criticisms of this is that flexibility is legislated out. He said that it would make more sense to <br />limit the length of the road rather than the number of lots. He said that until we change our standards, if <br />someone has aone-acre lot and is willing to go 50 percent above the required open space in a flexible <br />design, it seems to be an attempt to preserve rural character and some consideration should be given. <br />Commissioner Jacobs suggested having a declarative sentence on page 18 in the second <br />paragraph that says, "There is no right to a private road in any subdivision larger than three lots." He <br />thinks there is a contradiction between this effort where we are saying that private roads help preserve <br />rural character and one of the justificafions is that rural character is not preserved through private roads <br />and that it is going to be the same right-of-way anyway. He thinks that private roads do preserve rural <br />character and it is important to have the flexibility to allow private roads. <br />Commissioner Jacobs thinks there should be more of a distinction between the subdivisions <br />with three and fewer lots and larger subdivisions. He does not think that subdivisions with three or fewer <br />lots should have to have an engineer. He also does not think that there should be a one-year expiration <br />on the approval of minor subdivisions with three or fewer lots. He would argue that the private road <br />should be capped by length and not by number of lots. <br />