Orange County NC Website
15 <br />and cultural attributes. In some cases, this open use will be mandated by a Parks and <br />Recreation land dedication, as part of the subdivision plan approval. There is, however, <br />no requirement that private open space be open to the public. In some cases, open spaces <br />may have limited access because of fragile habitats or steep slopes. Plans should at least <br />accommodate local subdivision access to private Primary Conservation Areas for <br />maintenance purposes. <br />Secondary Conservation Areas are intended to be available to, at least, the subdivision <br />residents, particularly when they include pedestrian paths and other active or passive <br />private recreation areas. Again, this is not required. There are some defined Secondary <br />Conservation Area uses that would not necessarily be compatible with public access, <br />such as managed timber and agricultural resource areas. <br />In all circumstances, the overall goals of a project's open space plan should be taken into <br />account on a case-by-case basis when determining the level of public or private access to <br />its open spaces. These plans of access and use would be according to the subdivision <br />Resolution of Approval. <br />3 -What is the definition of a pedestrian access way? <br />A pedestrian access way is a Secondary Conservation Area that is undeveloped, fifty feet <br />wide, under common ownership and reasonably passable by foot. There is no <br />requirement that a path be constructed in pavement, gravel, mulch., or any other material. <br />The building of a path maybe appropriate, and projects should be examined on a case- <br />by-case basis to determine when the open space purpose and layout suggest that a path <br />should be built. <br />For example, a walkway ringing a development, or leading to a developed park may <br />require a constructed path to be fully useful as an outdoor recreational amenity. An open <br />channel between homes that leads into undeveloped Primary Conservation Area may not <br />have as much use for a developed trail, since the stream bank, wetland or habitat area it <br />leads to may itself not be suited for general pedestrian traffic. <br />The language in this section has been changed from the version presented at the Public <br />Hearing. At that time, this was referred to as a `Pedestrian Access Path'. This change <br />was made to make it clearer that this open space is only required to be an open corridor. <br />It is also now explicitly stated that an improved path is not required. Some landscaping <br />may be requested for passability purposes or an improvement of the overall functionality <br />of the space (rather than being a barren strip). <br />The pedestrian access way is probably the easiest way to create Secondary Conservation <br />Areas, since it does not have other composition requirements that increase cost or limit <br />potential locations. It is intended that the liberal allowance of this open space will <br />encourage developers to use pathways to ensure the accessibility of all residents to open <br />space. The access ways are not intended to be interchangeable with wildlife corridors, <br />and serve as linkages between large habitat and natural resource areas. <br />