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HomeMy WebLinkAboutORD-2000-128 Amendments to Orange County Private Road Standards Subdivision Regulations 18 1,R 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-B-3-D-1. ROADS, PARAGRAPH BEGINNING THE MIDDLE OF PAGE 30-a REGARDING JUSTIFICTION OF PRIVATE ROADS IS AMENDED AS FOLLOWS: A private road 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: I) 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 19 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 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. 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. 'r 20 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 1 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. 21 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 if 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; 22 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 29, 2000, UPON MOTION BY AND SECONDED BY JHE FOREGOING DOCUMENT WAS ADOPTED. AYES: NAYS: Beverly Blythe, Clerk to the Board of Commissioners Date 15'h and will circulate the notice on item 'C, Amendment to the Orange County Educational Facilities Impact Fee Ordinance. VOTE: UNANIMOUS d. Amendments to Orange Coun Private Road Standards The Board was decide on proposed amendments to the Orange County Subdivision Regulations regarding private roads, but it was postponed to a future meeting. e. Bricewood Acres Subdivision—Preliminary Plan The Bricewood Acres Subdivision is located off the south side of Governor Scott Road east of Mill Creek Road in Cedar Grove Township. The subdivision follows the conventional plan. A conservation easement is proposed on the area designated as Stream Buffer. Fifteen (15) single-family lots are proposed on 27.04 acres. The average lot size will be 1.63 acres. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the preliminary plan for Bricewood Acres Subdivision in accordance with the Resolution of Approval that is incorporated herein by reference. VOTE: UNANIMOUS f. Richmond Hills—Sewer S_ ystem Design and Preliminary Subdivision Approval The Board considered the type of sewer system that was most appropriate for the proposed Richmond Hills subdivision and considered the Richmond Hills Conservation-Cluster Flexible Development Preliminary Plan. Planner Robert Davis said that two decisions needed to be made -the sewer system design for the Efland-Cheeks sewer area and the approval of the preliminary subdivision. In regards to the sewer system, there are two designs being presented. The first is a recommendation from the developer for a single pump station to allow all of the lots to drain to gravity to one central location. The other option is a step system, which the administration is recommending. This has individual on-site septic systems. The administration feels that there would be less of a public impact with the step system in the long run. In regards to the subdivision, Richmond Hills is located on Richmond Road in the Efland- Cheeks area. It is a 43-lot single-family subdivision that is following the conservation cluster option, which would allow lots to be down to 14,000 square feet. Water will be provided through the Orange- Alamance system. The sewer would be through Orange County, pumping back to Hillsborough. A letter from Hillsborough would be needed, indicating that Hillsborough has the capacity to serve the subdivision. The administration recommends that the Board approve Richmond Hills Subdivision Preliminary Plan with the Board of County Commissioners'selected sewer system operation and the conditions contained in the attached administration resolution of approval. William Crowther, representing the Eno River Association, said that any sewer system should be carefully planned to protect McGowan Creek and the tributaries to the Eno River. He spoke in support of Habitat for Humanity. Susan Levy spoke in support of this project. She said that when Habitat started this project they had planned for a pump station to serve this project. She said that if a step system was required, it would drastically increase the cost of this housing. She made reference to the letter that she sent to the Commissioners opposing the step system. She said that these homeowners could not afford the repairs to such a system. Scott Radway, engineer for the project, made reference to page 11, item F6 and the 100-foot wide easement with a 50-foot wide trail and said that he thought they had talked about a 5-10-foot wide trail. He said that this was probably a typographical error. He made reference to the sewer system and said that Habitat for Humanity preferred to have a gravity sewer system. He said that he had proposed an entirely gravity served system to a pump station that would be the same as the pump station unit that is in the Efland system. The pump station would be pumping for a distance of 400 feet maximum to the gravity line where there is a connection to the school property. He does not think the step sewer system is the right choice. He asked that the Board give Habitat for Humanity some flexibility to work with the state Department of Environmental Health and Natural Resources. He said that the step system would 16