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Article 7: Subdivisions 62 <br /> Section 7.8:Access and Roadways <br /> (ii) For historic sites, if the site is deemed eligible by the State <br /> Historic Preservation Office for inclusion in the National Register <br /> of Historic Places. <br /> (2) The number, location and/or size of lots to be located in the subdivision are such <br /> that, even if constructed to State standards, the streets would not be accepted by <br /> the State for maintenance due to density or other State requirements. <br /> (3) At least 50% of the site is to be dedicated and preserved through restrictive <br /> covenants and contains recreation and/or open space areas of significant <br /> botanical, wildlife, historic and/or archaeological sites as referenced in "An <br /> Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological <br /> Significance in the Unincorporated Portions of Orange County." <br /> (4) In subdivisions proposed to be located in a Watershed Protection Overlay <br /> District, as designated in Section 4.2 of this Ordinance, stream buffers are <br /> increased by at least 25% above those required by Section 6.13 of this <br /> Ordinance and the impervious surface allowed is decreased by at least 15% to <br /> allow greater infiltration of storm water runoff to prevent the pollution of water <br /> supply reservoirs. <br /> (5) The site contains topographic and environmental features, such as streams, <br /> steep slopes, or watersheds that would be adversely affected by the use of roads <br /> constructed to State standards because of factors such as significant amounts of <br /> earthwork (cut and fill) that would contribute to increased run off of stormwater <br /> and siltation. <br /> (6) The site is already developed to 100% of the capacity which could be achieved <br /> after approval of the subdivision and some or all of the non-conforming aspects <br /> of existing development on the site will be made more conforming as a result of <br /> the proposed subdivision, and all conforming aspects of the development will <br /> remain conforming. <br /> (7) There is only one subdivision road proposed and: <br /> (a) Its length does not exceed 350 feet, <br /> (b) It serves no more than five lots, <br /> (c) Its grade does not exceed 9%, and <br /> (d) The land being subdivided is not connected to, or part of, another <br /> subdivision required to be served by public roads. <br /> The Declaration of Development Restrictions, prepared by the Planning Department and <br /> recorded concurrently with the Final Plat, shall include a statement that further <br /> subdivision of any of the lots may require that the road be upgraded to a higher private <br /> road classification, or to public standards, and that the cost of the upgrade will be the <br /> responsibility of the subdivider. <br /> Where a parcel being subdivided was created by a previous subdivision approved after <br /> July 5, 1983, then the previous subdivision as well as the proposed subdivision will be <br /> considered in determining whether a private road is still justified. <br /> It shall be the responsibility of the applicant subdivider for subdivision approval to supply <br /> a written statement justifying the reasons for private roads in the proposed subdivision. <br /> Compliance with one or more of the standards in this subsection (8.8.4) does not insure <br /> approval of either a public or private road within a proposed subdivision. <br /> A private road shall be required to meet standards set by Orange County as described in <br /> Section 7.8.5. Satisfactory proof that the standards are met will be required by the <br /> County Manager or his/her appointed agents. <br /> If a subdivision is to contain private roads, the subdivider shall have the County's <br /> Standard Road Maintenance Agreement entitled, "DECLARATION OF RESTRICTIONS <br /> Orange County, North Carolina—Unified Development Ordinance Page 7-17 <br />