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Agenda - 02-01-1988
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Agenda - 02-01-1988
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BOCC
Date
2/1/1988
Meeting Type
Regular Meeting
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Agenda
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20 - <br /> 1 Q 3 continued asking if the Road Maintenance <br /> Agreements could be constructed in such a way <br /> that it is clear that a public dedication is <br /> required . Gledhill responded yes with the proper <br /> ordinance authority. The problem Is that that <br /> violates the very principle of private road <br /> concept which is it is a private road, you handle <br /> It and the County gets out of it. The ultimate <br /> authority the County has to make It all work is <br /> condemnation and that ' s just not the answer. <br /> Orange County is not going to get involved in the <br /> condemnation of roads for the purpose of <br /> satisfying development requirements. So the <br /> ultimate problem is that Orange County is liable <br /> to have to buy up all this property because the <br /> developer cannot develop it under the County ' s <br /> standards and the developer can 't get the consent <br /> of the adjoining property owner. The only way Is <br /> through the County insisting and enforcing its <br /> power and the only way to do that is by buying <br /> all the property. That is not the answer. <br /> Yuhasz agreed that is not the solution but he <br /> also did not think making development prohibitive <br /> over much of the County was a solution to the <br /> County ' s open road problem either. Gledhill <br /> responded that a way to approach it is to create <br /> public roads in all instances where present and <br /> future development would dictate public roads <br /> and create a different construction standard . He <br /> noted he was not sure that could be done without <br /> some legislative changes but it is a better <br /> solution than the present one . It will be vexing <br /> to those dealing with it ten years from now and I <br /> also think reasonable minds can differ on the <br /> fairness question. He continued that the <br /> administration problems being created are <br /> overwhelming. The County ' s power and <br /> jurisdiction in the road area is not as complete <br /> as the towns and cities in road matters and that <br /> creates a dilemma. <br /> Jacobs noted that especially in the lower density <br /> areas there are roads that do not meet the <br /> density requirements of DOT. Gledhill responded <br /> that when you have a subdivision that is planned <br /> and will ultimately be planned so that it won 't <br /> meet DOT standards, that would be a good reason <br /> for not requiring a public road. A particularly <br /> important reason for requiring a public road is <br /> ultimate state maintenance of the road . Orange <br /> County has a waiting ! 1st of people wanting roads <br /> paved. Private roads are thought of as unpaved <br /> roads. More often than not, once a subdivision <br /> is completely built, homeowners get tired of the <br /> dust, maintenance and problems with Homeowners ' <br /> Association and wish to have the government to <br /> 'take it over ' for them . Those roads will have <br /> to be built to state standards , there will be <br />
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