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171 <br /> t- 4-Attached are examples of minor subdivisions which illustrate some <br /> of the situations encountered in implementing the existing <br /> regulations. <br /> Proposed Changes <br /> The proposed amendment would eliminate the outright prohibition <br /> against further subdivision, but would require that buyers be put <br /> on notice that further subdivision may require upgrading of the <br /> road at their expense. Each new subdivision in which private <br /> roads were proposed would be evaluated for conformance with the <br /> justification criteria. <br /> Also proposed are two additional criteria which could be used to <br /> justify a private road. <br /> The first relates to the length of the road. It is proposed that <br /> any road less than 350 ' in length, may be private, provide that <br /> the average lot size is at least 40, 000 square feet and the grade <br /> does not exceed 12%. As an example, this would allow a maximum <br /> of four lots with a minimum frontage of 150" in the AR zoning <br /> district, and possibly three lots to access the bulb at the end <br /> of the cul-de-sac, as shown in the sketch below. A road of this <br /> length would serve only the development, and would not attract <br /> outside traffic. The criteria would not apply in the case of a <br /> short cul-de-sac within a larger development which otherwise <br /> requires public roads. <br /> "Go_ -150- <br /> The second criteria relates to the degree to which the tract <br /> being subdivided is already developed. It is proposed that <br /> private roads be allowed where the property is already developed <br /> to at least 90% of its capacity, and the subdivision would lessen <br /> or correct a non-conforming aspect of the existing use, <br /> particularly multiple residences on a single lot. In such <br /> cases, buildout of the subdivision would result in little or no <br /> change to the existing use of the property, and little or no <br /> change in traffic or other impacts of development. <br /> For example, the area included in the White Cross Subdivision, at <br /> NC 54 and White Cross Road, contained 7 existing residences. The <br /> only reason a subdivision was being requested was to allow the <br /> individual residences, constructed prior to zoning regulations, <br />