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Article 7: Subdivisions 63 <br /> Section 7.8:Access and Roadways <br /> AND PROVISIONS FOR PRIVATE ROAD MAINTENANCE" prepared and processed in <br /> accordance with Section 2.14 for minor subdivisions or Section 2.15 for major <br /> subdivisions and shall conform to the requirements of Section 7.14.3(6)(b)(ii). <br /> The land within a private road easement shall be included within the lot boundaries of the <br /> lot or lots which border the easement. The road maintenance agreement shall include a <br /> provision that if the road is dedicated for public use at a later date, then the lot <br /> boundaries will be revised to extend only to the edge of the right-of-way, in accordance <br /> with NCDOT standards. <br /> 7.8.5 Private Road Standards <br /> (A) Purpose and Intent <br /> (1) In Orange County, the preference is to serve subdivisions with State-maintained <br /> (NCDOT) public streets or municipal streets. The County recognizes, however, <br /> that private roads may be beneficial in some cases where the Subdivider <br /> subdivider provides significantly larger lots, and where a private road graded to a <br /> narrower cross-section saves valuable vistas, trees, or natural resources, and <br /> reduces cut-and-fill and overall land disturbance. Where the wider <br /> subdivider clearly provides benefits such as enhancing entrances or streetscapes <br /> off an adjoining public road, saving trees, providing large lots, reducing <br /> disturbance, and "fitting" lots better into their natural surroundings, the Planning <br /> Department, Planning Board, and Board of County Commissioners may permit <br /> the use of private roads. <br /> (2) The County is concerned about the logical and safe extension of public roads <br /> throughout the County and notes that private roads cannot be served by school <br /> buses and sometimes not by rescue squads and fire trucks. Private roads are <br /> generally unpaved and property owners who use the road are solely responsible <br /> for maintenance of the road. <br /> (3) The County will approve only private roads where the "benefits" outweigh the <br /> negative aspects. <br /> (4) Private roads shall never be approved simply to save money. <br /> (5) Private roads are a privilege, and not a right, and must be justified by the <br /> particular lot arrangement and benefits provided by each development. <br /> (B) General Requirements <br /> (1) Private Roads serve lots within subdivisions that do not have access to state- <br /> maintained roads. <br /> (2) Private Roads insure that all lots have documented legal right-of-way and provide <br /> adequate access for residents and emergency vehicles. <br /> (3) Private Roads may be allowed in a subdivision where, in the judgment of the <br /> Planning Board and with the approval of the Board of County Commissioners, it <br /> is found that the nature and location of the subdivision are such that a private <br /> road is justified. <br /> (a) In determining whether to permit Private Roads in subdivisions, the <br /> design features contained in subsection (F)(5) of this Section shall be <br /> considered. <br /> (b) It is the responsibility of the subdivider to supply a written statement <br /> justifying the reasons for Private Roads in the proposed subdivision. <br /> (4) After approval of and initial construction of the Private Road, maintenance must <br /> be provided by the property owners of lots located along the road. A Road <br /> Maintenance Agreement or Declaration between the lot owners is required to <br /> insure that the needed repairs are made (see subsection (F)(10)(i)). <br /> Orange County, North Carolina—Unified Development Ordinance Page 7-18 <br />