Orange County NC Website
10 <br />V- D- 6 -b(2) Where a final plat shows a private road, <br />an instrument substantially in the form of the <br />County's Standard-Road Maintenance Agreement <br />entitled, "DECLARATION OF RESTRICTIONS AND <br />PROVISIONS FOR PRIVATE ROAD MAINTENANCE", <br />shall be recorded contemporaneously with the <br />recordation of the approved Final Plat which <br />guarantees (a) right of access to any private <br />road in the subdivision by all lots served by <br />the road and by law enforcement and emergency <br />vehicles b ri ht of access for the proposed <br />rivate road to a State or municipally <br />maintained road by way of direct access or <br />other private roads, (c) perpetual maintenance <br />for any private road serving the subdivision <br />at the standards set for approval, and d <br />provide recgrd notice of the Rrobability that <br />future develo ment de endent on the-private <br />roads for access will require u radin of the <br />roads to a higher Rrivate road standard or <br />public dedication and upg-r-adina of the road to <br />North Carolina De artment of Transportation <br />standards. This instrument shall also note <br />acceptance by the owner of all liability <br />related to the use of the road and a reement <br />to hold both the-County and State harmless <br />from such liability, and acknowled a that some <br />ublic services may not be Rrovided due to the <br />private nature of the road. The guarantees of <br />right of access and maintenance of the <br />subdivision roads shall run with the land, and <br />shall be disclosed to any 2rosRective <br />purchaser of land_ in the _subdivision as <br />provided in North Carolina General Statutes <br />Chanter 136 - 102.6. Upon recordation, the Deed <br />Book and Page Number of the recorded document <br />shall be referenced on the Final Plat. <br />Owner: Date: <br />(The proposed amendments require the <br />subdivider to record a copy of the Road <br />Maintenance Agreement with the final plat, <br />expand right of access to include public <br />safety vehicles, clarify that each lot must <br />have access from a public or private road, <br />provide for perpetual maintenance, put <br />property owners on notice that future <br />development dependent on private roads for <br />access will require upgrading to a higher <br />private road standard or dedication and <br />upgrading to State standards, hold the County <br />and State harmless for liability issues <br />underline = proposed text retained <br />bold = TAS /PS revision <br />