Agenda - 12-09-2014-13 (2) - Laserfiche WebLink

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Article 7: Subdivisions 16 Section 7.8: Access and Roadways (d) The land being subdivided is not connected to, or part of, another subdivision required to be served by public roads. (F) The Declaration of Development Restrictions, prepared by the Planning Department and recorded concurrently with the Final Plat, shall include a statement that further subdivision of any of the lots may require that the road be upgraded to a higher private road classification, or to public standards, and that the cost of the upgrade will be the responsibility of the subdivider. (G) Where a parcel being subdivided was created by a previous subdivision approved after July 5, 1983, then the previous subdivision as well as the proposed subdivision will be considered in determining whether a private road is still justified. (H) It shall be the responsibility of the applicant for subdivision approval to supply a written statement justifying the reasons for private roads in the proposed subdivision. (1) Compliance with one or more of the standards in this subsection (8.8.4) does not insure approval of either a public or private road within a proposed subdivision. (J) A private road shall be required to meet standards set by Orange County as described in Section 7.8.5. Satisfactory proof that the standards are met will be required by the County Manager or his /her appointed agents. (K) If a subdivision is to contain private roads, the subdivider shall have the County's Standard Road Maintenance Agreement entitled, "DECLARATION OF RESTRICTIONS AND PROVISIONS FOR PRIVATE ROAD MAINTENANCE" prepared and processed in accordance with Section 2.14 for minor subdivisions or Section 2.15 for major subdivisions and shall conform to the requirements of Section 7.14.3(6)(b)(ii). (L) The land within a private road easement shall be included within the lot boundaries of the lot or lots which border the easement. The road maintenance agreement shall include a provision that if the road is dedicated for public use at a later date, then the lot boundaries will be revised to extend only to the edge of the right -of -way, in accordance with NCDOT standards. 7.8.5 Private Road Standards (A) Purpose and Intent (1) In Orange County, the preference is to serve subdivisions with State - maintained ( NCDOT) public streets or municipal streets. The County recognizes, however, that private roads may be beneficial in some cases where the developer provides significantly larger lots, and where a private road graded to a narrower cross - section saves valuable vistas, trees, or natural resources, and reduces cut -and- fill and overall land disturbance. Where the developer clearly provides benefits such as enhancing entrances or streetscapes off an adjoining public road, saving trees, providing large lots, reducing disturbance, and "fitting" lots better into their natural surroundings, the Planning Department, Planning Board, and Board of County Commissioners may permit the use of private roads. (2) The County is concerned about the logical and safe extension of public roads throughout the County and notes that private roads cannot be served by school buses and sometimes not by rescue squads and fire trucks. Private roads are generally unpaved and property owners who use the road are solely responsible for maintenance of the road. (3) The County will approve only private roads where the "benefits" outweigh the negative aspects. (4) Private roads shall never be approved simply to save money. (5) Private roads are a privilege, and not a right, and must be justified by the particular lot arrangement and benefits provided by each development. (B) General Requirements Orange County, North Carolina — Unified Development Ordinance Page 7 -16