HomeMy WebLinkAboutORD-2000-040 Amendment to Orange County Private Roads Standards 18 g�
AN ORDINANCE AMENDING THE ORANGE COUNTY
SUBDIVISION REGULATIONS
SECTION IV-B-3-d-1. ROADS AND
APPENDIX A. ORANGE COUNTY PRIVATE ROAD STANDARDS
THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS:
ORANGE COUNTY SUBDIVISION REGULATIONS, SECTION IV-13-3-D-1. ROADS, PARAGRAPH
BEGINNING THE MIDDLE OF PAGE 30-a REGARDING JUSTIFICTION OF PRIVATE ROADS IS AMENDED
AS FOLLOWS:
Private roads shall be deemed justified for a minor subdivision resulting in no more than
three lots that either meets design feature 6. listed below or for which a statement
prohibiting further subdivision of the resulting lots is included in a separate document to
be recorded concurrently with the final plat In such subdivisions, a private access
easement may be granted to allow an adjacent lot to access the private road in order to
reduce the number of access points on a state secondary road
SECTION IV-B-3-D-1. ROADS, PRIVATE ROAD JUSTIFICATION CRITERA IS AMENDED AS FOLLOWS:
.For all other subdivisions the Planning Board and the Board of County Commissioners (in
the case of major subdivisions) and Planning staff(in the case of minor subdivisions) shall
consider the following design features when determining whether to permit private roads
in subdivisions. At a minimum, a private road may be justified if the subdivision meets
standards of 1.a and at least two other design features listed below.
1. The location and design of the subdivision is such that it clearly preserves
the rural character of the County through:
a. The provision of lot sizes and building setback lines significantly
greater than required by the underlying zoning district according to
the following standards:
1) for zoning districts having a minimum lot size of 40,000 square
feet or less, all lots in the subdivision must be at least 80,000
square feet;
2) for zoning districts having a minimum lot size of 87,120 square
feet (two acres), all lots must be at least 130,680 square feet
(three acres); and
3) for all other cases, all lots must be at least five acres.
4) building setbacks in all districts must be at least twice those
required by Orange County Zoning Ordinance.
b. The retention and/or provision of landscaping and use of clustering
of dwelling units to screen the view of the subdivision from public
roads, maintain a wooded or forested character, maintain scenic
views, or preserve wildlife, botanical, historic, archaeological and/or
recreation sites; and/or
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C. The preservation of site features which directly enhance the special
or unique cultural, historical, archaeological or biological
characteristics of the immediate area as referenced in "An Inventory
of Sites of Cultural, Historic, Recreational, Biological, and Geological
Significance in the Unicorporated Portions of Orange County" or , for
historic sites, if the site is deemed eligible by the State Historic
Preservation Office for inclusion in the National Register of Historic
Places.
2. The number, location and/or size,of lots to be located in the subdivision are
such that, even if constructed to State standards, the streets would not be
accepted by the State for maintenance due to density or other State
requirements.
3. At least fifty percent (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 to be located in a Protected Watershed as designated in the
Orange County Comprehensive Plan, stream buffers are increased by
twenty-five percent (25%) above those required by Article 6.23 of the
Orange County Zoning Ordinance and the impervious surface allowed is
decreased by fifteen percent (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 ail 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. Its length does not exceed
350', it serves no more than five (5) lots, its grade does not exceed 9%, and
the land being subdivided is not connected to or part of another subdivision
required to be served by public roads. In addition, the average lot size
within the subdivision is at least 40,000 square feet.
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ORANGE COUNTY SUBDIVISION REGULATIONS, APPENDIX A ORANGE COUNTY
PRIVATE ROAD STANDARDS, IS AMENDED AS FOLLOWS TO REDUCE THE NUMBER OF LOTS
ALLOWED ON A PRIVATE ROAD FROM 25 TO 10; TO DELETE THE PROVISION FOR A CLASS C
PRIVATE ROAD; AND TO DELETE THE PROVISION FOR PROFESSIONAL LAND SURVEYOR TO
CERTIFY ROAD CONSTRUCTION.
THE FOURTH AND FIFTH PARAGRAPHS IN THE SECTION TITLED GENERAL REQUIREMENTS ARE
AMENDED TO READ AS FOLLOWS:
The standards and specifications for Private Roads apply to subdivisions in
Orange County and the class of road required depends on the number of lots served by
the road. A Class B road serves I to 5 lots or dwelling units, and a Class A road serves
6 to 10 lots or dwelling units. All Private Roads in a major (five or more lots) subdivision
require the approval of the Board of Commissioners. Before the final plat of the
subdivision can be recorded, the Private Road must be built and approved, or the
applicant must post a security instrument with the County in an amount that would
cover the cost of constructing the road. Class B Private Roads intended to serve 2 lots
or dwelling units are not required to be constructed to Orange County Standards or to
be inspected before recordation of the final plat. However, Orange County
recommends that these Class B roads be built to these standards in order to'provide
adequate access, especially for emergency vehicles which require the clearances and
turn areas shown on the specifications.
Private road construction must be inspected and the construction certified in
writing to the Orange County Planning Department by a North Carolina Professional
Engineer Also, the location of the travelway within the right-of-way must be certified to be
within the platted private road right-of-way. The road must be inspected during
construction so that any changes or improvements necessary to insure approval can be
made before the stone is placed and the shoulders and ditches are seeded and mulched.
In order for this to happen, the subdivider or representative must inform the professional
making the certification prior to the start of construction and at intervals during
construction when inspections are needed so that they can be scheduled.
ITEM 9 UNDER THE GENERAL SUBDIVISION APPROVAL AND PRIVATE ROAD.
CONSTRUCTION SEQUENCE IS AMENDED TO READ AS FOLLOWS:
GENERAL SUBDIVISION APPROVAL AND PRIVATE ROAD CONSTRUCTION
SEQUENCE
9. Have a professional engineer certify that construction meets the required
standards and that travelway is within the right-of-way in writing to the Planning and
Inspections Department.
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STANDARDS FOR PRIVATE ROADS, Certification of Construction SECTION IS AMENDED
TO READ AS FOLLOWS:
STANDARDS FOR PRIVATE ROADS
The standards described herein are the minimum set forth by the County. Orange
County has not determined, and is not responsible for determining that these standards
are adequate or appropriate for all uses by landowners. The standards also may not
meet NCDOT criteria. No road will be accepted for maintenance by NCDOT unless or
until NCDOT standards are met.
Certification of Construction
A professional engineer must certify in writing to the Planning Department that a
Private Road, either existing, upgraded, or newly constructed, meets the standards of the
required class for the subdivision. The following must be inspected and certified:
1. the travelway is within the platted right-of-way; (this criteria may be certified by a
registered land surveyor);
2. the proper material has been used in the travelway and it is built to the required
width and thickness;
3. the shoulders are the correct width and the typical cross section is in place;
4. the road is on the proper grade;
5. ditches are in place where necessary to provide adequate drainage, in accordance
with sound engineering practice;
6. needed storm pipes of proper size, materials. and construction are in place and
energy dissipaters installed, in accordance with sound engineering practice;
7. all disturbed areas are properly stabilized;
8. the required road sign is in place;
9. an adequate turn-around is in place at the end of the road;
10. required vertical and horizontal clearance is provided; and
11. sight distance and construction at the intersection with a public road has been
approved by NCDOT.
THE FIRST PARAGRAPH OF STANDARDS FOR PRIVATE ROADS, Surface Materials,
REQUIRING THAT PAVED PRIVATE ROADS MEET NCDOT PAVING STANDARDS, IS DELETED.
STANDARDS FOR PRIVATE ROADS, Minimum Curve Radius (SECOND PARAGRAPH, ITEM
4) IS AMENDED TO READ AS FOLLOWS:
A curve radius of less than 125 feet may be approved if all of the following
conditions are met:
1. The road existed prior to the adoption of subdivision regulations or was
approved as part of an earlier subdivision;
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2. Reconstruction of the existing road to meet a 125' curve radius is not
feasible due to the extent of earthwork which would be required and/or the
inability to reconfigure the existing right-of-way location due to ownership or
the location of existing structures, wells or septic systems;
3. Standards pertaining to road width and grade will be met;
4. The subdivision can be approved with a Class B private road;
5. Documentation is received from the Erosion Control Division that the
proposed curve radius would provide for adequate vehicular access and
circulation;
6. Documentation is received from the Department of Emergency Services
stating that the proposed curve radius would provide access for the largest
emergency vehicle, which would use the road.
AT THE REGULAR MEETING OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS HELD
ON JUNE 6, 2000, UPON MOTION BY AND SECONDED BY
THE FOREGOING DOCUMENT WAS ADOPTED.
AYES:
NAYS:
Beverly Blythe, Clerk to the Board of Commissioners Date
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