Agenda - 11-21-2016 - D-2 - Laserfiche WebLink

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Article 7: Subdivisiolp Section 7.8:Access and Roadways 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. {F-111. 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. {G}(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 wider subdivider 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 S +vider subdivider 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 (1) Private Roads serve lots within subdivisions that do not have access to state- maintained roads. (2) Private Roads insure that all lots have documented legal right-of-way and provide adequate access for residents and emergency vehicles. (3) Private Roads may be allowed in a subdivision where, in the judgment of the Planning Board and with the approval of the Board of County Commissioners, it is found that the nature and location of the subdivision are such that a private road is justified. (a) In determining whether to permit Private Roads in subdivisions, the design features contained in subsection (F)(5) of this Section shall be considered. Orange County, North Carolina—Unified Development Ordinance Page 7-18