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2 <br /> Before the subdivision final plat was recorded, Orange County reviewed and approved the <br /> preliminary plat on September 2, 1998 and approved a revision on February 11, 2000. The <br /> subdivision was not subject to a Special Use Permit. The Resolution of Approval for the <br /> subdivision stipulated that the roads were to be constructed to the standards of the NCDOT <br /> and were to be maintained by the owners until such time as they were accepted for <br /> maintenance by NCDOT. The Resolution stipulated that the roads be constructed within a <br /> 50-foot right-of-way, except that the western portion of Wyndfall Lane from NC 10 to the <br /> intersection with Old Forest Drive was to be constructed within a 60-foot right-of-way. <br /> North Carolina General Statute §136-62* requires that road petitions for additions to the <br /> state system be made by the Board of County Commissioners (BOCC). NCDOT has <br /> investigated this request and has submitted a petition to the BOCC for its recommendation <br /> (Attachment 3). <br /> Conclusion <br /> The above-referenced application meets the criteria endorsed by the BOCC for <br /> recommending acceptance of public roads into the State Maintained System for roads <br /> approved through the governing jurisdiction's major subdivision process (NCDOT <br /> Subdivision Roads Minimum Construction Standards, January 2010). The application also <br /> complies with the Resolution of Approval adopted by the Board of County Commissioners <br /> (BOCC) in 2000. <br /> In accordance with North Carolina General Statute §136-62*, the BOCC is required to <br /> make a recommendation regarding the petition to the North Carolina Board of <br /> Transportation (NC BOT) before NCDOT can consider the petition. <br /> FINANCIAL IMPACT: There is no direct financial impact to the County associated with this <br /> item. NCDOT will incur additional maintenance responsibilities and costs. <br /> RECOMMENDATION(S): The Manager recommends the Board: <br /> 1. Forward the Petition for Addition to the State Maintained System to the North <br /> Carolina Department of Transportation for the four (4) subdivision roads in Wyndfall <br /> Subdivision; and <br /> 2. Recommend the Department of Transportation accept the roads for maintenance as <br /> State Secondary Roads. <br /> North Carolina General Statute 6136-62 directs that"The citizens of the State shall have the right to <br /> present petitions to the board of county commissioners, and through the board to the Department of <br /> Transportation, concerning additions to the system and improvement of roads. The board of county <br /> commissioners shall receive such petitions, forwarding them on to the Board of Transportation with their <br /> recommendations." <br />