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Article 7: Subdivisi9i <br /> Section 7.8:Access and Roadways <br /> 7.8.4 Private Roads—When Permitted <br /> (A) A private road in a Conventional Subdivision Option Conventional Subdivision <br /> Optienshall be deemed justified for a minor residential subdivision resulting in no more <br /> 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 <br /> being subdivided was created using the three-lot private road <br /> justification 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 /> (B) A minor residential subdivision of three or fewer lots shall be encouraged to provide a <br /> private access easement for one adjacent lot to access the private road in order to <br /> reduce the number of access points on a public road. <br /> (C) Minor Subdivisions utilizing the Flexible Development Conservation Cluster subdivision <br /> Option shall comply with Common Open Space requirements as detailed in Section <br /> 7.12 in lieu of the 1private road justification requirements and standards listed in this <br /> subsection, 7.8.4.14 <br /> (D) For all other subdivisions the Planning Board and the Board of County Commissioners (in <br /> the case of major subdivisions) and Planning staff(in the case of minor subdivisions) <br /> shall consider the design features in this subsection (87.8.4)25 when determining whether <br /> to permit private roads. <br /> (E) There is no right to a private road in any subdivision containing more than three lots. <br /> {-13}(F) At a minimum, a private road may be justified if the subdivision meets standards of(1) <br /> below and at least two other design features (2 through 7) listed below. <br /> (1) The location and design of the subdivision is such that it clearly preserves the <br /> rural character of the County through: <br /> (a) The provision of lot sizes and building setbacks significantly greater <br /> than those required by the zoning district in which the proposed <br /> subdivision is located, including any overlay district requirements, in <br /> accordance with the following standards: <br /> (i) Lot Sizes and Building Setbacks—Conventional Subdivisions: <br /> a. All lots in the subdivision must be at least 80,000 square <br /> feet if the minimum lot size or area per dwelling unit of <br /> the zoning district is 40,000 square feet or less,- <br /> b. All lots must be at least 120,000 square feet (2.75 acres) <br /> if the minimum lot size or area per dwelling unit of the <br /> zoning district is 80,000 square feet„ <br /> 24 The goal is to allow for a further reduction of minimum lot area with the preservation of open space <br /> incorporating adaptive wastewater treatment techniques. Current design standards do not support stated <br /> BOCC/staff goals of allowing for the further clustering of lots with dedication of additional open space. <br /> 25 Staff is correcting an erroneous section reference. Section 8.8.4 deals with 'non-conformities'and not <br /> subdivision road design standards. <br /> Orange County, North Carolina—Unified Development Ordinance Page 7-15 <br />