Agenda - 08-24-1987 - Laserfiche WebLink

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24 LEGAL AND TECHNICAL ENVIRONMENT A search of technical documents was undertaken to determine what standards or recommendations were available in the professional literature. A copy of the report to the Ordinance Review Committee entitled "Driveway Controls" is attached. In summary it says that road users and property owners both have rights with regards to access roads and that the purpose of access or driveway controls is to reduce conflicts between use and access. Restrictions on residential driveways are not suggested because of their low traffic volumes. Restrictions for high volume driveways tend to address only the number of driveways permitted for individual parcels. The North Carolina Department of Transportation issues permits for driveways on public roads. Its publication "Policy on Street and Driveway Access to North Carolina Highways" , describes the criteria used for driveway approval . These criteria parallel those found in the technical literature. Residential driveways are essentially unrestricted, except with regards to safety concerns. High volume driveways are restricted primarily in number per parcel . An important aspect regarding the permitting of driveways concerns the point that, for North Carolina counties, the Department of Transportation has the sole authority for issuing driveway permits for public roads. This creates important questions about local governments ability to become involved in driveway controls. The role of local government in the location and number of driveways seems to be limited . This is reflected by Orange County ' s ordinances. It is also reflected in the Town of Carrboro' s Land Use Ordinance where the Department of Transportation 's driveway permit is considered to be "prima facie" evidence of compliance with the ordinance ' s requirements. STAFF RECOMMENDATIONS Staff investigation of driveway controls provided little guidance with regards to Planning Board concerns about residential driveways. No standards were found that contained specific guidelines for location and spacing. This means that further controls on residential driveways should be based on local policies and goals . Staff recommended amendments to the existing provisions in Section IV-B-3 of the Subdiv4sions that would make them more closely related to local policies. These revisions are contained in the proposed amendment to Section IV-B-3-c-8. Terminology changes now match that in the Orange County Land Use Plan . Additional revisions clarify the application of the requirements. The new paragraph Section IV-B-3-c-10 provides specific locational criteria for driveways that will help achieve Land Use Plan goals for an efficient and balanced transportation system. Staff recommended that revisions to the Zoning Ordinance be given further consideration. Recommendations for revisions will be brought before the Ordinance Review Committee for consideration in the future.