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;Bever! BI_ythe-_ordain sliding scale_c4ean.doc . . a9�-:?-> <br /> area designated as Urban or Transition on the Orange <br /> County Comprehensive Plan; or <br /> 4. A proposed road is designated as an arterial or collector on an approved <br /> Thoroughfare Plan for a municipality or in the Orange County <br /> Comprehensive Plan; or <br /> 5. The subdivision roads are part of a non-residential development <br /> consisting of office, retail, industrial, and similar businesses, each located <br /> on a separate lot. This provision,shall only apply to that portion of a <br /> subdivision being developed for non-residential purposes. <br /> A private road shall be deemed justified for a minor residential subdivision resulting in <br /> no more than three lots provided: <br /> 1. No new lots have been created from the parent tract, through subdivision or <br /> other manner exempted from subdivision regulations, since the more recent: <br /> a. date of adoption of this provision; or <br /> b. ten years from the date of recordation of the parent tract if the lot being <br /> subdivided was created using the three-lot private road justification provision. <br /> The parent tract, for the purpose of this provision, is the lot or tract of land <br /> that is being subdivided. <br /> 2. All resulting lots meet Orange County Zoning Ordinance minimum lot area per <br /> dwelling unit and maximum density requirements for the zoning district, including <br /> any overlay district, in which the subdivision is located; and <br /> Such subdivision of three or fewer would be encouraged to provide a private <br /> access easement for one adjacent lot to access the private road in order to <br /> reduce the number of access points on a public road. <br /> For all other subdivisions the Planning Board and the Board of County Commissioners <br /> (in the case of major subdivisions) and Planning staff (in the case of minor <br /> subdivisions) shall consider the following design features when determining whether to <br /> permit private roads. There is no right to a private road in any subdivision containing <br /> more than three lots. At a minimum, a private road may be justified if the subdivision <br /> meets standards of 1.a and at least two other design features listed below. <br /> 1. The location and design of the subdivision is such that it clearly preserves the <br /> rural character of the County through: <br /> a. The provision of lot sizes and building setback lines significantly greater f <br /> than required by the underlying zoning district, including any <br /> overlay district requirements, according to the following standards: <br /> 1) The following,with respect to lot sizes, shall be deemed as significantly great 'r t <br /> required by the underlying zoning district for_ conventional <br /> subdivisions. <br /> (a) All lots in the subdivision must be at least 80,000 square <br /> feet if the minimum lot size of the zoning district is 40,000 <br /> square feet or less. <br /> (b) All lots must be at least 120,000 square feet (2.75 acres) if <br />