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

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18 AN ORDINANCE AMENDING THE ORANGE COUNTY SUBDIVISION REGULATIONS SECTION IV-B-3-d-1. ROADS AND APPENDIX A. ORANGE COUNTY PRIVATE ROAD STANDARDS THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS: ORANGE COUNTY SUBDIVISION REGULATIONS, SECTION IV-13-3-D-1. ROADS, BEGINNING THE MIDDLE OF PAGE 30-a REGARDING JUSTIFICTION OF PRIVATE ROADS, IS AMENDED AS FOLLOWS: A private road shall be deemed justified for a minor subdivision resulting in no more than three lots. In such subdivisions, a private access easement may be granted to allow an adjacent lot to access the private road in order to reduce the number of access points on a public road. The intent of this provision is to allow subdivision of parcels of sufficient acreage to meet zoning ordinance requirements for minimum lot size or area per dwelling unit where a private road would not otherwise be permitted because the subdivision cannot comply with requirement 1. a. as follows and where the subdivision would not meet the density requirement for a public road to be accepted into the state maintained system. For any other use of this provision, the final plat and a separate document to be recorded with the final plat shall contain a statement that any further development of any resulting lots, including the parent tract, shall be processed as a major subdivision For all other subdivisions the Planning Board and the Board of County Commissioners (in the case of major subdivisions) and Planning staff(in the case of minor subdivisions) shall consider the following design features when determining whether to permit private roads in subdivisions. At a minimum, a private road may be justified if the subdivision meets standards of 1.a and at least two other design features listed below. 1. The location and design of the subdivision is such that it clearly preserves the rural character of the County through: a. The provision of lot sizes and building setback lines significantly greater than required by the underlying zoning district according to the following standards: 1) For zoning districts having a minimum lot size of 40,000 square feet or less, all lots in the subdivision must be at least 80,000 square feet. 2) For zoning districts having a minimum lot size or per dwelling unit area requirement of 87,120 square feet (two acres), all lots must be at least 130,680 square feet (three acres) except for subdivisions developed as flexible development subdivisions. 3) For clustered subdivisions developed as flexible development subdivisions preserving at least 33% of the land in open space, in a zoning district having a minimum lot size or per dwelling unit area requirement of 87,120 square feet (two acres) or greater, all lots must be at least 87,120 square feet (two acres) and the overall density of the subdivision must not exceed one dwelling unit per 130,680 square feet (three acres).