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2 <br /> the curve radius. In some cases, the road and/or right- <br /> of-way can be reconfigured so that the curve radius can be <br /> met. In other cases, the road cannot be redesigned to <br /> comply with the radius standards due to the inability to <br /> change the location of the right-of-way, the extent of <br /> earthwork that may be required if there are significant <br /> slopes or embankments, and/or the location of the right- <br /> of-way in relation to property lines. (The subdivision <br /> regulations do not allow a new lot to be split by a road <br /> right-of-way) . In these cases, no additional lots may be <br /> created on the road, even if the change is minor, and the <br /> existing road would provide an acceptable level of safety <br /> for general traffic and emergency vehicles. <br /> During the past year, two minor subdivisions have been <br /> reviewed in which this issue was encountered. One <br /> subdivision was submitted and conditionally approved, but <br /> the requirement for certification that the existing road <br /> meets the curve radius requirement cannot be met, and the <br /> subdivision cannot be released for recordation. The <br /> second case involved a subdivision which was informally <br /> reviewed, but not submitted due to the curve radius of the <br /> existing road. <br /> The proposed amendment would allow approval of a <br /> subdivision with lots served by a road with a curve radius <br /> of less than 125 feet if all of the following conditions <br /> are met: <br /> 1) The road existed prior to the adoption of subdivision <br /> regulations or was approved as part of an earlier <br /> subdivision; <br /> 2 ) Reconstruction of the existing road to meet a 125 ' <br /> curve radius is not feasible due to the extent of <br /> earthwork which would be required and/or the inability <br /> to reconfigure the existing right-of-way location due <br /> to ownership or the location of existing structures, <br /> wells or septic systems; <br /> 3) Standards pertaining to road width and grade will be <br /> met; <br /> 4 ) The subdivision can be approved with a Class C or <br /> Class B private road; <br /> 5) Documentation is received from the Erosion Control <br /> Division that the proposed curve radius would provide <br /> for adequate vehicular access and circulation; <br /> 6) Documentation is received from the Department of <br /> Emergency Services stating that the proposed curve <br /> radius will provide adequate access for the largest <br /> emergency vehicle which would use the road. <br /> The Planning Staff met with Mike Tapp, Orange County Fire <br /> Marshall in preparing the proposed amendment to assure <br /> that concerns related to emergency access were addressed. <br />