ORD-2001-029 Clarified Amendments to Orange County Private Road Subdivision Regulations: Section IV-B-3-d-1 and Appendix A Private Road Standards

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Bever?Y.:BI__ythe:- ordain i :.sldin;9 scale,doc......................................................................................................... Pa a 6 The Declaration of Development Restrictions, prepared by the Planning Staff and recorded concurrently with the Final Plat, shall include a statement that further subdivision of any of the lots may require that the road be upgraded to a higher private road classification, or to public standards, and that the cost of the upgrade will be the responsibility of the subdivider. Where a parcel being subdivided was created by a previous subdivision approved after July 5, 1983, then the previous subdivision as well as the proposed subdivision will be considered in determining whether a private road is still justified. It shall be the responsibility of the applicant for subdivision approval to supply a written statement justifying the reasons for private roads in the proposed subdivision. Compliance with one or more of the above standards does not insure approval of either a public or private road within a proposed subdivision. Section 2: Private road standards. Orange County Subdivision Regulations, APPENDIX A ORANGE COUNTY PRIVATE ROAD STANDARDS, is amended as follows: add language to clarify differences between public and private roads. the second paragraph in the section titled"purpose" is amended to read as-follows: Purpose In Orange County, the preference is to serve subdivisions with State-maintained (NCDOT) public streets or municipal streets. The County recognizes, however, that private roads may be beneficial in some cases where the developer provides significantly larger lots, and where a private road graded to a narrower cross-section saves valuable vistas, trees, or natural resources, and reduces cut-and-fill and overall land disturbance. Where the developer clearly provides benefits such as enhancing entrances or streetscapes off an adjoining public road, saving trees, providing large lots, reducing disturbance, and "fitting" lots better into their natural surroundings, the County Staff, Planning Board and Commissioners may permit the use of private roads. The County is concerned about the logical and safe extension of public roads throughout the County and also notes that private roads cannot be served by school buses and sometimes not by rescue squads and fire trucks. Private roads are generally unpaved and property owners who use the road are solely responsible for maintenance of the road. Therefore, the County will only approve private roads where the "benefits" outweigh the negative aspects. Private roads will never be approved simply to save money. Private roads are a privilege, and not a right, and must be justified by the particular lot arrangement and benefits provided by each development. It is hoped that the following regulations and standards convey the sense that private roads can be used, but only where they clearly meet the spirit as well as the letter of the criteria contained herein.