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Article 7: Subdivisions <br /> Section 7.8: Access and Roadways <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 7-17 <br /> <br />(c) The preservation of site features which directly enhance the special or <br />unique cultural, historical, archaeological or biological characteristics of <br />the immediate area as referenced in: <br />(i) “An Inventory of Sites of Cultural, Historic, Recreational, <br />Biological, and Geological Significance in the Unincorporated <br />Portions of Orange County” or, <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 />(C)(G) 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 />(D)(H) 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 />(E)(I) 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 /> 182