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15 <br /> justification criteria has been questioned in <br /> V recent months by both the Board of Commissioners <br /> and Planning Board. This questioning was <br /> prompted in large part by the Featherwood and <br /> White Cross Subdivisions . In both cases , the <br /> Board of Commissioners appeared to favor private <br /> rather than public roads because the current <br /> private road justification did not address the <br /> particular factors found to be important in those <br /> subdivisions . <br /> Two additional ,criteria which could be used to <br /> justify a private road are in the proposed <br /> amendment. The first relates to the length of <br /> the road. It is proposed that any road less than <br /> 350 ' in length, may be private, provided that the <br /> average lot size is at least 40 , 000 square feet <br /> and the grade does not exceed 9%. The second <br /> criteria relates to the degree to which the tract <br /> being subdivided is already developed. It is <br /> proposed that private roads be allowed where the <br /> property is already developed to at least 90% of <br /> its capacity, and the subdivision would lessen or <br /> • correct a non-conforming aspect of the existing <br /> use, particularly multiple residences on a single <br /> lot. Also, the proposed amendment eliminates the <br /> outright prohibition against further subdivision <br /> of lots created with private road access . <br /> The proposed amendment was presented at public <br /> hearing on February 22 , 1993 . There were no <br /> comments from the public. There were comments <br /> and questions by Commissioner Gordon regarding <br /> the provision which would allow continued use of <br /> private roads on property which was already <br /> • developed to 90% of its capacity. It is the <br /> understanding of Staff that the concerns raised <br /> related to the subdivision of undeveloped lots on <br /> existing private roads. In some cases, the <br /> creation of a single lot will result in a <br /> requirement to upgrade the road. The cost of the <br /> • subdivision may be prohibitive, particularly if <br /> the road is long. This issue . is in addition to <br /> those addressed in the proposed amendment, and <br /> was not included in the Notice of Public Hearing. <br /> Staff recommends that the issue raised by <br /> Commissioner Gordon concerning the creation of <br /> lots along an existing private road be reviewed <br /> by Staff and any further amendments be re- <br /> advertised for public hearing in May. <br /> The Planning Staff proposes that the new criteria <br /> related to road length to be expanded and <br /> clarified to include an average lot size criteria <br />