ORD-2000-130 Amendments to Orange County Private Road Standards Subdivision Regulations

Browse Search

12 Geoffrey Gledhill said that the upgrade of the road ha required toservice 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 orif|t 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 ifit was the same amount of shoulder that must bacleared regardless of whether itioa 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 b»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 bedeleted. Commissioner Jacobs made reference to Class A versus Class B private roads and asked if the staff has looked into the cost of hiring o 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 engineers 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 hn the standards. He said that drainage io 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 nfthe property that might be enhanced by having a private road om opposed toopub|icroad. He questions eliminating flexibility in the concept plan amendments. He would prefer that the plan ba 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 i%aa 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 Boaod'of County Commissioners. Commissioner Brown said that she would like the consumer, the one buying the lots, to be protected bv the quality of road that io being constructed. She asked for more information on the process pf getting an engineer hm evaluate the road standards and Craig Benedict described this process. Chair Carey asked if there were some procedural problems if the processfor the concept plan is changed and the County Commissioners approve the concept plan. Geoffrey Gledhill said that it is not uncommon in administrative law to do this kind of process. He thinks the objective of the Planning staff is to move non-advisory functions of the Planning Board to the County Commissioners. Chair Carey said that he feels that the Planning Board staff should review the project andnotthe Board of County Commissioners. Commissioner Gordon made reference to the private road justification and asked if there is something along that line for emiebn ado. She said that this regulation could result ina loss of trees which would not be the best thing for the County. Craig Benedict said that he would work with the Attorney on language to address the issue for existing roads. Commissioner Ha|hiptissaid that he fails to see anything wonderful about roads that are gravel where everything ie covered with dust. He asked if there was any County staff that could certify the roads oa meeting state standards. Craig Benedict said that for private roads, there is not any qualified staff to certify the roads. He said that DOT is now coming to the Development Review Committee on a biweekly basis to discuss the road standards.