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Article 7: Subdivisions Section 7.8: Access and Roadways Orange County, North Carolina – Unified Development Ordinance Page 7-18 boundaries will be revised to extend only to the edge of the right-of-way, in accordance with NCDOT standards. 7.8.5 Private Road Standards (A) Purpose and Intent (1) In Orange County, the preference is to serve subdivisions with State-maintained (NCDOT) public streets or municipal streets. The County recognizes, however, that private roads may be beneficial in some cases where the Subdivider subdivider provides significantly larger lots, and where a private road graded to a narrower cross-section saves valuable vistas, trees, or natural resources, and reduces cut-and-fill and overall land disturbance. Where the Subdivider subdivider clearly provides benefits such as enhancing entrances or streetscapes off an adjoining public road, saving trees, providing large lots, reducing disturbance, and "fitting" lots better into their natural surroundings, the Planning Department, Planning Board, and Board of County Commissioners may permit the use of private roads. (2) The County is concerned about the logical and safe extension of public roads throughout the County and notes that private roads cannot be served by school buses and sometimes not by rescue squads and fire trucks. Private roads are generally unpaved and property owners who use the road are solely responsible for maintenance of the road. (3) The County will approve only private roads where the "benefits" outweigh the negative aspects. (4) Private roads shall never be approved simply to save money. (5) Private roads are a privilege, and not a right, and must be justified by the particular lot arrangement and benefits provided by each development. (B) General Requirements (1) Private Roads serve lots within subdivisions that do not have access to state- maintained roads. (2) Private Roads insure that all lots have documented legal right-of-way and provide adequate access for residents and emergency vehicles. (3) Private Roads may be allowed in a subdivision where, in the judgment of the Planning Board and with the approval of the Board of County Commissioners, it is found that the nature and location of the subdivision are such that a private road is justified. (a) In determining whether to permit Private Roads in subdivisions, the design features contained in subsection (F)(5) of this Section shall be considered. (b) It is the responsibility of the subdivider to supply a written statement justifying the reasons for Private Roads in the proposed subdivision. (4) After approval of, and initial construction of the Private Road, maintenance must be provided by the property owners of lots located along the road. A Road Maintenance Agreement or Declaration between the lot owners is required to insure that the needed repairs are made (see subsection (F)(10)(i)). (5) Since Private Roads are not constructed to North Carolina Department of Transportation standards, they will not be added to the Secondary Road System and will not be maintained by the State or Orange County. (C) Classifications 64