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Article 7: Subdivisions 13 <br />Section 7.8: Access and Roadways <br />7.8.2 Public Streets — Where Required <br />Public streets are generally required in all subdivisions and shall be required where it is found <br />that: <br />(A) The subdivision streets would be accepted by the State for maintenance if: <br />(1) They are built in a manner which satisfies the minimum State design and <br />construction criteria for subdivision streets; and <br />(2) They would satisfy other requirements for addition to the State maintenance <br />system, including, but not limited to, the general density standard of at least two <br />occupied residences for each one -tenth of a mile of subdivision street. <br />If, upon review of a subdivision plat, it is determined that the general density standard is <br />met, but a design standard is not, a re- design will be required where possible. For <br />example, if the number of lots proposed along a subdivision street would clearly satisfy <br />the density standard, but the street design was such that the centerline radius did not <br />meet the minimum standard of 230 feet for level land, a new street design would be <br />required. Another example is a situation where a landscaped island or entrance median <br />prevents acceptance of the street for maintenance. <br />The State's criteria and standards are identified in the following publications: Subdivision <br />Roads - Minimum Construction Standards and Traditional Neighborhood Development <br />JND) Guidelines, prepared by and available from the N.C. Department of <br />Transportation; or <br />(B) The subdivision streets extend existing streets which are public; or <br />(C) The subdivision streets are part of a development which is located in an area designated <br />as Urban or Transition by the Orange County Comprehensive Plan; or <br />(D) A proposed street is designated as an arterial or collector on an approved Thoroughfare <br />Plan for a municipality or in the Orange County Comprehensive Plan; or <br />(E) The subdivision streets are part of a non - residential development consisting of office, <br />retail, industrial, and similar businesses, each located on a separate lot. This provision <br />shall only apply to that portion of a subdivision being developed for non residential <br />purposes. <br />7.8.3 Public Streets - Construction Standards <br />Public dedicated streets must meet the minimum construction standards as adopted by the N.C. <br />Department of Transportation for acceptance of streets as additions to the State Highway <br />System. <br />7.8.4 Private Roads —When Permitted <br />(A) A private road shall be deemed justified for a minor residential subdivision resulting in no <br />more than three lots provided: <br />(1) No new lots have been created from the parent tract, through subdivision or other <br />manner exempted from subdivision regulations, since the more recent: <br />(a) Date of adoption of this provision (September 18, 2001); or <br />(b) Ten years from the date of recordation of the parent tract if the lot being <br />subdivided was created using the three -lot private road justification <br />provision. <br />The parent tract, for the purpose of this provision, is the lot or tract of land that is <br />being subdivided. <br />(2) All resulting lots meet the minimum lot area per dwelling unit and maximum <br />density requirements for the zoning district, including any overlay district, in <br />which the subdivision is located. <br />Orange County, North Carolina — Unified Development Ordinance Page 7 -13 <br />