ORD-2000-005 Text Amendments to Subdivision Regulations and Zoning Ordinance

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was amended to reflect the changes as described above. d. (non-Vehicular Access) This item has to do with a non-vehicular access line. This also can be used in residential and non-residential subdivisions so that when the subdivisions are prepared the approved access points can be put on the subdivision plat. e. Section II DEFINITIONS When lots are subdivided, very often the access points are changed to a road that should not have additional traffic. The amendment would not allow someone to shift the access point to burden the roads that are not scheduled for a higher capacity system. Appendix A Orange County Private Road Standards Craig Benedict made reference to private road standards and said that the staff is suggesting a decrease in the amount of lots that are allowed on a private road from a 25-lot maximum to a 10-lot maximum. He described the negative things that have occurred as a result of the 25-lot maximum regulation for private roads. Commissioner Gordon made reference to the Orange County private road standards and asked what would happen to existing private roads if someone wanted to put a house on an existing lot or split the lot into two lots. Craig Benedict said that each of the subdivisions that have private road standards has something in their homeowner's association documents that address additional lots being subdivided on the road. In some cases,the cost is borne by the subdivision. Geoffrey Gledhill said that the upgrade of the road is required to service the new subdivided lots. Once the upgrade is done, then all of the lots in the subdivision are jointly responsible for maintaining the road to the upgraded standard. Commissioner Jacobs made reference to the 18-foot travel way and asked if that included the swells or if it was just the actual road surface. Craig Benedict said that 18 feet was just the actual road surface and that the impermeability that comes forward from both public and private roads still is counted as the entire roadway. After the swell goes up to the 50-foot area,then there is a certain amount of impervious that would be counted in the remaining 50 feet. Commissioner Jacobs asked if it was the same amount of shoulder that must be cleared regardless of whether it is a public or private road. Craig Benedict said that typically there is the surface course, a four-foot swell down and a four- foot swell up and then whatever can be preserved after that. Commissioner Jacobs made reference to page 13 and read the first paragraph which says, "Private roads serving more than 10 lots or dwelling units may be permitted only if constructed to NCDOT public road standards,"and said that this contradicts everything which has gone before it. Craig Benedict said that this statement could be deleted. Commissioner Jacobs made reference to Class A versus Class B private roads and asked if the staff has looked into the cost of hiring a professional engineer. Craig Benedict said that the staff has checked into the costs for engineers and the determination of one road over the other is negligible in cost because it is the engineer's time to go out and see if the road meets the standards. He said that one of the most important things is if the County is going to continue to have private roadways, the hazards of living on a private road should be reduced as much as possible by having the road certified to the standards. He said that drainage is the key for private roads, and that is where the biggest failing is. Commissioner Jacobs said that DOT had set up a committee to work on subdivision standards and he is concerned that the County is locking themselves in and not allowing any flexibility. He is concerned that there would be no allowance if there were some significant natural resource or rural characteristic of the property that might be enhanced by having a private road as opposed to a public road. He questions eliminating flexibility in the concept plan amendments. He would prefer that the plan be presented for comment to the Planning Board and the County Commissioners before the staff makes a ruling. Craig Benedict said that some of the language could be changed to allow for some flexibility. Commissioner Jacobs said that he would like to have incentives for people to do things the way the County would want them to, not making it as a right, but a privilege. Commissioner Brown asked if the Planning staff could specify the reasons for modifications of the regulations. Craig Benedict said that a checklist could be implemented and reviewed to be sure the private road standards meet the goals of the Board of County Commissioners. Commissioner Brown said that she would like the consumer,the one buying the lots,to be