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Article 7: Subdivisions 60 Section 7.8:Access and Roadways 7.8.4 Private Roads—When Permitted (A) A private road utilizing the conventional design model shall be deemed justified for a minor residential subdivision resulting in no more than three lots provided: (1) No new lots have been created from the parent tract, through subdivision or other manner exempted from subdivision regulations, since the more recent: (a) Date of adoption of this provision (September 18, 2001); or (b) Ten years from the date of recordation of the parent tract if the lot being subdivided was created using the three-lot private road justification provision. The parent tract, for the purpose of this provision, is the lot or tract of land that is being subdivided. (2) All resulting lots meet the minimum lot area per dwelling unit and maximum density requirements for the zoning district, including any overlay district, in which the subdivision is located. (B) A minor residential subdivision of three or fewer lots shall be encouraged to provide a private access easement for one adjacent lot to access the private road in order to reduce the number of access points on a public road. (-}(C) Minor Subdivisions utilizing the Flexible Development Conservation Cluster subdivision option may comply with Common Open Space requirements as detailed in Section 7.12 in lieu of the private road justification requirements and standards listed in this subsection, 7.8.4.19 (C.}(D) For all other subdivisions the Planning Board and the Board of County Commissioners (in the case of major subdivisions)and Planning staff(in the case of minor subdivisions) shall consider the design features in this subsection (87.8.4)20 when determining whether to permit private roads. (-D}(E) There is no right to a private road in any subdivision containing more than three lots. (€}(F) At a minimum, a private road may be justified if the subdivision meets standards of(1) below and at least two other design features (2 through 7) listed below. (1) The location and design of the subdivision is such that it clearly preserves the rural character of the County through: (a) The provision of lot sizes and building setbacks significantly greater than those required by the zoning district in which the proposed subdivision is located, including any overlay district requirements, in accordance with the following standards: (i) Lot Sizes—Conventional Subdivision a. All lots in the subdivision must be at least 80,000 square feet if the minimum lot size or area per dwelling unit of the zoning district is 40,000 square feet or less. b. All lots must be at least 120,000 square feet (2.75 acres) if the minimum lot size or area per dwelling unit of the zoning district is 80,000 square feet. c. All lots must be at least 130,680 square feet (three acres) if the minimum lot size or area per dwelling unit of the zoning district is 87,120 square feet (two acres). 19 The goal is to allow for a further reduction of minimum lot area with the preservation of open space incorporating adaptive wastewater treatment techniques. Current design standards do not support stated BOCC/staff goals of allowing for the further clustering of lots with dedication of additional open space. 20 Staff is correcting an erroneous section reference. Section 8.8.4 deals with 'non-conformities'and not subdivision road design standards. Orange County, North Carolina—Unified Development Ordinance Page 7-15