Orange County NC Website
12 <br /> Geoffrey Gledhill said that the upgrade of the road is required to service the new subdivided lots. <br /> Once the upgrade is done,then all of the lots in the subdivision are jointly responsible for maintaining the <br /> road to the upgraded standard. <br /> Commissioner Jacobs made reference to the 18-foot travel way and asked if that included the <br /> swells or if it was just the actual road surface. <br /> Craig Benedict said that 18 feet was just the actual road surface and that the impermeability that <br /> comes forward from both public and private roads still is counted as the entire roadway. After the swell goes <br /> up to the 50-foot area,then there is a certain amount of impervious that would be counted in the remaining <br /> 50 feet. <br /> Commissioner Jacobs asked if it was the same amount of shoulder that must be cleared <br /> regardless of whether it is a public or private road. <br /> Craig Benedict said that typically-there is the surface course, a four-foot swell down and a four- <br /> foot swell up and then whatever can be preserved after that. <br /> Commissioner Jacobs made reference to page 13 and read the first paragraph which says, <br /> "Private roads serving more than 10 lots or dwelling units may be permitted only if constructed to NCDOT <br /> public road standards,"and said that this contradicts everything which has gone before it. <br /> Craig Benedict said that this statement could be deleted. <br /> Commissioner Jacobs made reference to Class A versus Class B private roads and asked if the <br /> staff has looked into the cost of hiring a professional engineer. <br /> Craig Benedict said that the staff has checked into the costs for engineers and the determination <br /> 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 <br /> meets the standards. He said that one of the most important things is if the County is going to continue to <br /> have private roadways, the hazards of living on a private road should be reduced as much as possible by <br /> having the road certified to the standards. He said that drainage is the key for private roads, and that is <br /> where the biggest failing is. <br /> Commissioner Jacobs said that DOT had set up a committee to work on subdivision standards <br /> and he is concerned that the County is locking themselves in and not allowing any flexibility. He is <br /> concerned that there would be no allowance if there were some significant natural resource or rural <br /> characteristic of the property that might be enhanced by having a private road as opposed to a public road. <br /> He questions eliminating flexibility in the concept plan amendments. He would prefer that the plan be <br /> presented for comment to the Planning Board and the County Commissioners before the staff makes a <br /> ruling. <br /> Craig Benedict said that some of the language could be changed to allow for some flexibility. <br /> Commissioner Jacobs said that he would like to have incentives for people to do things the way <br /> the County would want them to, not making it as a right, but a privilege. <br /> Commissioner Brown asked if the Planning staff could specify the reasons for modifications of <br /> the regulations. <br /> Craig Benedict said that a checklist could be implemented and reviewed to be sure the private <br /> road standards meet the goals of the Board of County Commissioners. <br /> Commissioner Brown said that she would like the consumer, the one buying the lots,to be <br /> protected by the quality of road that is being constructed. She asked for more information on the process of <br /> getting an engineer to evaluate the road standards and Craig Benedict described this process. <br /> Chair Carey asked if there were some procedural problems if the process for the concept plan is <br /> changed and the County Commissioners approve the concept plan. <br /> Geoffrey Gledhill said that it is not uncommon in administrative law to do this kind of process. <br /> He thinks the objective of the Planning staff is to move non-advisory functions of the Planning Board to the <br /> County Commissioners. <br /> Chair Carey said that he feels that the Planning Board staff should review the project and not the <br /> Board of County Commissioners. <br /> Commissioner Gordon made reference to the private road justification and asked if there is <br /> something along that line for existing roads. She said that this regulation could result in a loss of trees which <br /> would not be the best thing for the County. <br /> Craig Benedict said that he would work with the Attorney on.language to address the issue for <br /> existing roads. <br /> Commissioner Halkiotis said that he fails to see anything wonderful about roads that are gravel <br /> where everything is covered with dust. He asked if there was any County staff that could certify the roads as <br /> meeting state standards. <br /> Craig Benedict said that for private roads, there is not any qualified staff to certify the roads. He <br /> said that DOT is now coming to the Development Review Committee on a biweekly basis to discuss the road <br /> standards. <br />