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Article 7: Subdivisions Section 7.8: Access and Roadways Orange County, North Carolina – Unified Development Ordinance Page 7-17 (3) At least 50% of the site is to be dedicated and preserved through restrictive covenants and contains recreation and/or open space areas of significant botanical, wildlife, historic and/or archaeological sites as referenced in “An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County.” (4) In subdivisions proposed to be located in a Watershed Protection Overlay District, as designated in Section 4.2 of this Ordinance, stream buffers are increased by at least 25% above those required by Section 6.13 of this Ordinance and the impervious surface allowed is decreased by at least 15% to allow greater infiltration of storm water runoff to prevent the pollution of water supply reservoirs. (5) The site contains topographic and environmental features, such as streams, steep slopes, or watersheds that would be adversely affected by the use of roads constructed to State standards because of factors such as significant amounts of earthwork (cut and fill) that would contribute to increased run off of stormwater and siltation. (6) The site is already developed to 100% of the capacity which could be achieved after approval of the subdivision and some or all of the non-conforming aspects of existing development on the site will be made more conforming as a result of the proposed subdivision, and all conforming aspects of the development will remain conforming. (7) There is only one subdivision road proposed and: (a) Its length does not exceed 350 feet, (b) It serves no more than five lots, (c) Its grade does not exceed 9%, and (d) The land being subdivided is not connected to, or part of, another subdivision required to be served by public roads. (C)(G) The Declaration of Development Restrictions, prepared by the Planning Department and recorded concurrently with the Final Plat, shall include a statement that further subdivision of any of the lots may require that the road be upgraded to a higher private road classification, or to public standards, and that the cost of the upgrade will be the responsibility of the subdivider. (D)(H) Where a parcel being subdivided was created by a previous subdivision approved after July 5, 1983, then the previous subdivision as well as the proposed subdivision will be considered in determining whether a private road is still justified. (E)(I) It shall be the responsibility of the applicant subdivider for subdivision approval to supply a written statement justifying the reasons for private roads in the proposed subdivision. Compliance with one or more of the standards in this subsection (8.8.4) does not insure approval of either a public or private road within a proposed subdivision. (F)(J) A private road shall be required to meet standards set by Orange County as described in Section 7.8.5. Satisfactory proof that the standards are met will be required by the County Manager or his/her appointed agents. (G)(K) If a subdivision is to contain private roads, the subdivider shall have the County's Standard Road Maintenance Agreement entitled, "DECLARATION OF RESTRICTIONS AND PROVISIONS FOR PRIVATE ROAD MAINTENANCE" prepared and processed in accordance with Section 2.14 for minor subdivisions or Section 2.15 for major subdivisions and shall conform to the requirements of Section 7.14.3(6)(b)(ii). (H)(L) The land within a private road easement shall be included within the lot boundaries of the lot or lots which border the easement. The road maintenance agreement shall include a provision that if the road is dedicated for public use at a later date, then the lot 63