HomeMy WebLinkAboutAgenda - 12-09-2014-13 (2)1
Information Item
I►Tl la" u OTRY OM17,
Date : November 20, 2014
To: Board of County Commissioners
Bonnie B. Hammersley, County Manager
From Abigaile Pittman, Transportation /Land Use Planner
Michael Harvey, Current Planning Supervisor
Tom Altieri, Comprehensive Planning Supervisor
Craig Benedict, Planning Director
Re: Unified Development Ordinance Private Road and Access Standards
Report
Attachments: 1. Amendment Outline Form UDO / Zoning- 2014 -11
2. Section 7.8 Access and Roadways, Unified Development Ordinance
3. Emergency Access to Trail Systems at Orange County Parks —
Draft Goal and Objectives
4. Planning Board Comments
On May 20 of this year, the Board of County Commissioners (BOCC) authorized the Planning
staff to proceed with this multi - department /advisory board review of private road, access and
trail system standards with respect to Comprehensive Plan Goals and Objectives, and develop
amendments for consideration.
BACKGROUND:
The 2014 Work Plans for both the Orange Unified Transportation Board (OUTBoard) and
Planning Board identify the need to review private road and access standards as contained
within the UDO.
The OUTBoard reviewed this item on April 16 and August 20, 2014; the Planning staff
reviewed this issue with Department of Environment, Agriculture, Parks and Recreation
( DEAPR) staff on June 16, 2014, and with Emergency Services staff and the Fire Chief
Council on July 9, 2014; and the Planning Board reviewed this item on September 3, 2014. A
summary regarding the review and analysis to date are provided in Attachment 1, under
Section B Rationale 2. Analysis
The Fire Chief Council comments are outlined within Attachment 1, as part of the analysis of
what concerns can be addressed within the UDO. The Draft Goal and Objectives for
Emergency Access to Trail Systems at Orange County Parks developed by DEAPR and the
Planning staff, and endorsed by the Planning Board is provided in Attachment 3. A summary
of the Planning Board's comments are provided in Attachment 4.
Attachment 3
W
Emergency Access to Trail Systems at Orange County Parks
Draft Goal and Objectives
The following are draft goals and objectives for accommodating emergency service
personnel gaining access to people using trails at Orange County parks and nature
preserves administered by the Orange County Department of Environment, Agriculture,
Parks and Recreation ( DEAPR).
Orange County parks that currently have trails are Efland- Cheeks Park, Cedar Grove
Park, Fairview Park, River Park, and Little River Regional Park and Natural Area. The
Jones Creek Greenway connects Lake Hogan Farms with Morris Grove Elementary
School. Future trails are being designed for the future Blackwood Farm Park, Hollow
Rock Access Area, and at the Seven Mile Creek Preserve.
These draft standards are intended for review and comment by the Parks and
Recreation Council, the Emergency Services Department, and the Orange Unified
Transportation Board.
Overarching Goal: Trail systems will be designed and constructed to accommodate
the maximum enjoyment of trail users, however, in doing so, there will be considerations
for topography, sedimentation and erosion control, the avoidance of sensitive natural
and cultural resources, public safety, and the provision of staging areas for vehicles to
access trail users in times of emergency.
Objective #1 — Trails will be constructed and maintained with a minimum
clearance width of six feet (even if width of the trail tread is narrower) and a
minimum clearance height of eight feet. [Single -track bike trails at Little River
Park may have sections less than six feet of clearance.]
Objective #2 — Trail networks greater than one mile in total length will be marked
with periodic signs that specify distances from trailheads and with GPS reference
points for users to identify their location along the trail.
Objective #3 — Trails will be shown on maps displayed on kiosks located at
trailheads, and maps will be available from the park office (for parks that have an
office) and from the DEAPR Central Recreation Center in Hillsborough.
Objective #4 — Emergency Service vehicles will have access to trails in such a
way that larger vehicles can reach staging areas identified within the park (and
on maps) and smaller all- terrain vehicles (e.g., Gator) can access most sections
of the trail. Staging areas will be located where feasible within close proximity
(approximately Y4 mile) to any point along the trails. Keys to any gates/ bollards
Draft #2 — 7/24/14
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Current UDO Regulations:
The County's private road standards are found within in Sections 7.8.4 and 7.8.5 of the UDO
(Attachment 2). Currently the UDO requires private roads as follows:
1. The standards and specifications for private roads apply to subdivision in the County
depending on whether it is a Class A or B road:
TABLE
7.8.5.D BASIC STANDARDS
FOR PRIVATE
ROADS
Max. Number of Lots
12
2
3
5
Right -of -Way Width
50 ft.
50 ft.
50 ft.
50 ft.
Travel -Way Width
18 ft.
No Standard
12 ft.
12 ft.
Road Maintenance
Yes
Yes
Yes
Yes
Agreement Required
Maintenance
Property Owners
Property
I
Property Owners
I
Property
Responsibility
Owners
Owners
Notes:
a. Class B private roads serve 1 to 5 lots or dwelling units; however,
subdivisions with two lots or dwelling units may be served by a shared driveway.
b. Class A private roads serve 6 to 12 lots or dwelling units.
c. Both Class A and Class B private roads may be graveled.
2. Roads constructed to NCDOT standards for all subdivisions having 13 or more lots.
NCDOT's Minimum Construction Standards for Subdivision Roads may be found at the
following link:
http: / /orangecountync.gov /planning /documents /Subdivision Man ualJanuary2010.pdf
The County's two - tiered approach to requiring private roads was originally intended to allow an
affordable development option for small subdivisions of no more than 5 lots. Problems have
been reported by the County's Emergency Services Department and the Volunteer Fire
Departments regarding the 12 -foot travel -way width allowed by the Class B private road. The
narrow width of the Class B road has presented public safety issues because it does not
provide adequate access for emergency services vehicles, and thus impacts response times.
Additionally, North Carolina General Statutes exempt certain types of subdivisions from the
County's subdivision review process:
1. The combination or recombination of portions of previously subdivided and recorded
lots if the total number of lots is not increased and the resultant lots are equal to or
exceed the standards of the County, including private road justification standards, as
detailed within the UDO.
2. The division of land into parcels greater than 10 acres if no street right -of -way
dedication is involved.
3. The public acquisition by purchase of strips of land for widening or opening streets.
3
4. The division of a tract in single ownership of the entire area of which is no greater than
two acres into not more than three lots, if no street right -of -way dedication is involved
and if the resultant lots are equal to or exceed the standards of the County as detailed
within the UDO.
Lots created via this process are still required to meet all applicable requirements for the
granting of zoning compliance permits authorizing development. However, the UDO does not
require lots to have access from a complying road, including those created through statutorily
exempt subdivisions (lots > 10 acres). Because of the exempt nature of these subdivisions,
County staff cannot guarantee viable access to created lots. Like the situation with Class B
private roads, the creation of land- locked properties (e.g., those with access easements rather
than roadway access) presents public safety access issues for emergency services vehicles.
Emergency Access to Recreational Trail Systems: There are currently no standards for
emergency access for trail systems in the UDO. DEAPR staff recommends that issues related
to accommodating emergency service personnel needing to access people using trails at
Orange County parks and nature preserves administered by DEAPR are best addressed
through the addition of the staff recommended goal and objectives to the Draft Parks &
Recreation Master Plan (Attachment 3). This approach would be a more flexible approach that
would be responsive to the site - specific environmental issues of individual park sites.
Possible Options for Revisions to the Private Road and Access Standards: To provide an
appropriate level of service for emergency services vehicles and ensure the provision of
adequate public safety protection, Planning staff believes the following options should be
discussed:
1. Do away with the Class B private roads and allow only the Class A private roads, which
requires a minimum 18 -foot travel -way.
2. Develop a requirement that all newly created lots have access to a complying road
(either private or public).
To continue to allow a reasonable and affordable development option for small subdivisions,
staff suggests consideration of the following UDO revision:
3. Allow subdivisions with up to three lots or dwelling units to be served by a shared
driveway, subject to provision of a minimum driveway width, maximum driveway length,
and a turnaround area that can accommodate Emergency Services vehicles. (The UDO
currently allows two lots or dwelling units to be served by a shared driveway.)
M
Staff Recommended Options
to the Private Road and Access
Class A Private
Minimum Number of Lots
for Revisions
Standards of the UDO AD
• •
4
Maximum Number of Lots
12
Right -of -way Width
50 ft.
Travel -way Width
18 ft.
Road Maintenance Agreement Required
Yes
Maintenance Responsibility
Property Owner
Notes:
1. Subdivisions with up to 3 lots or dwelling units may be served by a shared driveway.
2. Class A private roads may be graveled.
Conclusion
Planning staff will coordinate with the Manager's office to schedule a BOCC Work Session in
early 2015 to address this item.
ATTACHMENT 1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning- 2014 -11
Private road standards, access standards, and trail system standards
of the Unified Development Ordinance (UDO)
A. AMENDMENT TYPE
Map Amendments
❑ Future Land Use Map:
From:
To:
❑ Zoning Map:
From
To
❑ Other:
Text Amendments
❑ Comprehensive Plan Text:
Pection(s):
® UDO Text:
❑UDO General Text Changes (Pending further BOCC authorization)
❑UDO Development Standards (Pending further BOCC authorization)
❑UDO Development Approval Processes
Section(s): To include (but may not be limited to):
1. Section 7.8 Access and Roadways, and
2. Section 6.2 Lot Standards
❑ Other:
5
1
B. RATIONALE
1. Purpose /Mission
Multi - department/advisory board review of UDO private road, access and trail system
standards with respect to Comprehensive Plan Goals and Objectives, and develop
amendments for consideration.
2. Analysis
In its accepted 2014 Work Plan, the following activity was identified for the
OUTBoard:
• Begin examination of LIDO Section 7.8 Access and Roadways (Attachment 2)
with respect to the goals and objectives of the Transportation Element of the
Comprehensive Plan to determine consistency, and seek BOCC authorization
to develop recommendations of applicable amendments to the UDO to take to
the Planning Board.
Likewise, in its accepted 2014 Work Plan, the Planning Board identified the following
activity as a concern /emerging issue:
• Emergency Access: Work with appropriate staff /departments to better ensure
properties can be reached by emergency personnel (e.g., driveway width and
clearance, bridge weight limit signage and sufficiency to allow a fire truck to
pass, gate width, and curve radii sufficient for emergency vehicles).
Multi- Department /Advisory Board Review
On April 16, 2014 the OUTBoard reviewed and discussed issues relating to selected
private road and access standards of the UDO. The Board recommended that the
Board of County Commissioners (BOCC) direct Planning staff to review these
standards, and also trail system standards, and develop amendments to the UDO for
consideration. On May 20, 2014 the BOCC authorized staff to move forward with the
OUTBoard's recommendation to proceed as proposed, including coordinating with
other County departments, and return to the Board in the Fall with an update and
request for further authorization to proceed.
Planning staff met with Department of Environment, Agriculture, Parks and
Recreation (DEAPR) staff on June 16, 2014 to discuss emergency access to trail
systems. As a result, draft goal and objectives were developed for accommodating
emergency service personnel needing to access people using trails at Orange
County parks and nature preserves administered by the Orange County Department
of Environment, Agriculture, Parks and Recreation (DEAPR) (Attachment 3). On
August 20, 2014 DEAPR staff presented the Draft Parks & Recreation Master Plan to
the OUTBoard, and as part of its comments the Board recommended that the
emergency access goal and objectives be included in the Plan.
On July 9, 2014 staff met with the Fire Chief Council to discuss private road and
access standards and receive comments. The Council's comments are provided
in Attachment 1.
2
7
NCDOT Public Road Construction Standards
Long -term maintenance costs of private roads have led to many requests for NCDOT
to accept these roads into the State - maintained system. The construction standards
for NCDOT acceptance are higher than the County's Class B private road standards,
and are typically prohibitively expensive to overcome. Subdivision roads with a right -
of -way dedicated, recorded, or with preliminary approval from a county planning
board dated after September 30, 1975 will not be added to the State system unless
the road is built to the minimum construction standards of the Division of Highways.
The minimum State construction standard is 18 feet of pavement within a 50 -foot
right -of -way. Additional information regarding NCDOT construction standards can be
found
at: http: / /orangecountync.gov /planning/ documents /SubdivisionManuaIJanuarV2010.p
df
Staff Recommended Options for Revisions to the Private Road and Access
Standards of the UDO: To provide an appropriate level of service for emergency
services vehicles and ensure the provision of adequate public safety protection
standards for development, staff believes the following options should be discussed:
1. Do away with the Class B private roads and allow only the Class A private
roads, which requires a minimum 18 -foot travel -way.
2. Develop a requirement that all newly created lots have access to a complying
road (either private or public).
To continue to allow a reasonable and affordable development option for small
subdivisions, staff suggests consideration of the following UDO revision:
3. Allow subdivisions with up to three lots or dwelling units to be served by a
shared driveway, subject to provision of a minimum driveway width, maximum
driveway length, and a turnaround area that can accommodate Emergency
Services vehicles. (The UDO currently allows two lots or dwelling units to be
served by a shared driveway.)
Fire Council comments that can be addressed in the UDO: Upon reviewing the
comments within Attachment 1, Planning staff believes the following can be
addressed in the UDO:
4. Cul -de -sac: Require a minimum clearing width for all proposed cul -de -sacs of
50 feet to accommodate emergency vehicle access /staging within Section
7.8.5 (D) (10) of the UDO. There is currently no `minimum clearing width'
separate from the development of the actual, improved, travel area. This is
something staff would verify before the subdivision is recorded.
5. Drainage pipes under driveways: Section 7.8.5 (D) (9) could be amended to
establish a minimum width for all drain pipes of 16 feet, to address the concern
of trucks being `hung up' when attempting to access /leave a property.
6. Gates/Walls: With respect to required widths and setbacks for gates /privacy
walls regulations could be adopted to require minimum travel widths and
stacking areas to accommodate the Fire Council's concerns. Staff would need
to determine where such regulations would best fit within the UDO.
3
7. Pull -over Areas: Private road standards could be amended to include
emergency pull off areas as suggested by the Fire Council. Staff will have to
take into consideration the impact such a requirement would have on current
impervious surface policies, as such a standard would increase the impervious
surface area on a site and could possibly impact overall developability.
8. Private Bridges: There are currently no existing standards governing the
development of a 'bridge'/stream crossing. Such crossings are permitted in
accordance with Section 6.13.6 (C) (4) of the UDO. Staff is still reviewing this
request.
9. Tree Clearance on Driveways: While the County may need a reference to a
tree clearing requirement for subdivision projects to ensure emergency
vehicular access, and reference such requirements in recorded road
maintenance agreements for all subdivisions, the UDO may not be the most
appropriate location for a County standard.
Staff Recommended Options for Addressing Fire Council Comments Outside of the
UDO: Several comments do not appear to have either a land use component or do
not necessarily lend themselves to a land use enforcement proceeding. As a result
Planning staff would recommend the following:
10. Locked gates: There is no land use issue related to a property owner
choosing to secure his /her property. There is, however, a public safety
concern. Staff recommends the establishment of a separate policy /ordinance
within Chapter 14 Emergency Services of the Orange County Code of
Ordinances to address this issue. The benefit of this option is that we could
require more immediate enforcement remedies than currently possible with a
land use violation (i.e. we typically provide a 30 day compliance window for
land use violations).
11. Tree Clearance on Driveways: As with locked gates, there is no clear land
use issue associated with this matter. Staff recommends a separate
policy /ordinance as indicated in #9 above to address this issue.
12. Road Identification: There is already a road naming policy enforced by the
Land Records division of the Tax Administration office that could address this
matter.
13. District Issues with Road Conditions: This issue is beyond the scope of any
one department or agency. From staff's perspective there needs to be a
County policy for addressing access and maintenance in those circumstances
where there is an older development that does not comply with County and /or
NC DOT regulations.
The biggest concern Planning staff hears, with respect to this issue, is from
residents of older subdivisions, with no home owners association, trying to
address road maintenance issues and /or lack of financial participation
amongst neighbors.
M
9
Staff Options for Addressing Comments Regarding Emergency Access for Trail
Systems:
14. Trail Systems: There are currently no standards for emergency access for trail
systems in the UDO. Issues related to accommodating emergency service
personnel needing to access people using trails at Orange County parks and
nature preserves administered by DEAPR are best addressed through the
addition of the DEAPR staff recommended goal and objectives to the Draft
Parks & Recreation Master Plan. This approach would be a more flexible
approach that would be responsive to the site - specific environmental issues of
individual park sites.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
a. Transportation Goal 2, Objective T -2.3: Increase countywide access for
emergency vehicles, including ways to improve response times, both for
existing and new developments.
b. Services and Community Facilities Goal 7, Objective PS -T -3: Establish and
maintain an appropriate level of service for law enforcement and emergency
services and ensure the provision of adequate public safety protection
standards for residential, commercial, and industrial development throughout
the County.
L
4. New Statutes and Rules
N/A
C. PROCESS
1. TIM EFRAME /MILESTONES /DEADLINES
a. BOCC Authorization to Proceed
May 20, 2014
b. Quarterly Public Hearing
N/A at this time
c. BOCC Updates /Checkpoints
December 9, 2014 — Report to BOCC summarizing stakeholder input on the
private road and access standards of the Unified Development Ordinance (UDO);
and request to place this item on an upcoming BOCC Work Session agenda for a
brief staff presentation and prioritization of possible amendments to the UDO.
d. Other
N/A
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2. PUBLIC INVOLVEMENT PROGRAM
Mission /Scope: To review existing private road, access standards, and trail system
standards with respect to providing an appropriate level of service for emergency
services vehicles and ensuring the provision of adequate public safety protection
standards for development, and within this framework providing a reasonable and
affordable development option for small subdivisions.
a. Planning Board Review:
September 3, 2014: The Planning Board provided review comments and
provided general support of the development of UDO text amendments for further
review.
b. Advisory Boards:
OUTBoard —April 16, 2014
& August 20, 2014
c. Local Government Review:
DEAPR staff — June 16, 2014.
d. Notice Requirements
N/A at this time
e. Outreach:
❑ General Public: N/A
❑ Small Area Plan Workgroup: N/A
❑ Other: N/A
3. FISCAL IMPACT
Emergency Services staff; and the
Fire Chief Council — July 9, 2014
Other than staff time, there is no financial impact associated with receiving,
considering and authorizing the staff to proceed with adoption steps for reviewing the
County's private road standards, access and trail systems standards.
D. AMENDMENT IMPLICATIONS
N/A at this time.
E. SPECIFIC AMENDMENT LANGUAGE
N/A at this time.
11
Primary Staff Contact:
Abigaile Pittman, AICP
Planning Department
919- 245 -2567
abipittman @orangecountync.gov
7.8.1 Streets — General Standards
(A)
(B)
(C)
Attachment 2 Article 7: Subdivisions 12
Section 7.8: Access and Roadways
Consistency with Comprehensive Plan
(1) The provision of street rights -of -way shall conform to and meet the requirements
of the Orange County Comprehensive Plan.
(2) Reservation for or dedication of street rights -of -way for future transportation
facilities proposed in the adopted Comprehensive Plan shall be required where
appropriate.
(3) A subdivider shall not be required to provide or dedicate right -of -way for a
proposed street to which access would be prohibited by any governmental
agency.
Compliance with Approved Access Management Plans and Studies
(1) Subdivision of land abutting a roadway for which the Board of County
Commissioners has approved recommendations from a plan or corridor study is
subject to provisions of the approved corridor plan or study.
(a) In such cases, the subdivider shall provide any improvements or other
means to ensure construction recommended in such plan or corridor
study. Such improvements may include facilities for bicycles, sidewalks,
and public transportation.
(b) The subdivider, in cases where the recommendations address access
management, shall use design elements recommended in the plan or
corridor study to reduce conflict points.
(2) Policies prescribed in Phase V of the Access Management Awareness Project
and Report, or other adopted studies of strategies, shall be considered during
subdivision and site plan review to assess access management and other
corridor design considerations.
Coordinated Street System
(1) All subdivisions shall have a coordinated street system with public or private
streets that access a public municipal street or a public State maintained street in
accordance with the following:
(a) Public street rights -of -way shall abut adjacent properties as necessary to
provide connectivity to the countywide transportation network; and
(b) Lot access to streets serving the subdivision shall be limited in the case
of streets that provide a link between two or more roads designated in
the Comprehensive Plan as arterials or collectors.
(c) All subdivisions shall have at least one street that intersects with or joins
a public municipal street, or a public State maintained street.
Orange County, North Carolina — Unified Development Ordinance Page 7 -12
Article 7: Subdivisions 13
Section 7.8: Access and Roadways
7.8.2 Public Streets — Where Required
Public streets are generally required in all subdivisions and shall be required where it is found
that:
(A) The subdivision streets would be accepted by the State for maintenance if:
(1) They are built in a manner which satisfies the minimum State design and
construction criteria for subdivision streets; and
(2) They would satisfy other requirements for addition to the State maintenance
system, including, but not limited to, the general density standard of at least two
occupied residences for each one -tenth of a mile of subdivision street.
If, upon review of a subdivision plat, it is determined that the general density standard is
met, but a design standard is not, a re- design will be required where possible. For
example, if the number of lots proposed along a subdivision street would clearly satisfy
the density standard, but the street design was such that the centerline radius did not
meet the minimum standard of 230 feet for level land, a new street design would be
required. Another example is a situation where a landscaped island or entrance median
prevents acceptance of the street for maintenance.
The State's criteria and standards are identified in the following publications: Subdivision
Roads - Minimum Construction Standards and Traditional Neighborhood Development
JND) Guidelines, prepared by and available from the N.C. Department of
Transportation; or
(B) The subdivision streets extend existing streets which are public; or
(C) The subdivision streets are part of a development which is located in an area designated
as Urban or Transition by the Orange County Comprehensive Plan; or
(D) A proposed street is designated as an arterial or collector on an approved Thoroughfare
Plan for a municipality or in the Orange County Comprehensive Plan; or
(E) The subdivision streets are part of a non - residential development consisting of office,
retail, industrial, and similar businesses, each located on a separate lot. This provision
shall only apply to that portion of a subdivision being developed for non residential
purposes.
7.8.3 Public Streets - Construction Standards
Public dedicated streets must meet the minimum construction standards as adopted by the N.C.
Department of Transportation for acceptance of streets as additions to the State Highway
System.
7.8.4 Private Roads —When Permitted
(A) A private road shall be deemed justified for a minor residential subdivision resulting in no
more than three lots provided:
(1) No new lots have been created from the parent tract, through subdivision or other
manner exempted from subdivision regulations, since the more recent:
(a) Date of adoption of this provision (September 18, 2001); or
(b) Ten years from the date of recordation of the parent tract if the lot being
subdivided was created using the three -lot private road justification
provision.
The parent tract, for the purpose of this provision, is the lot or tract of land that is
being subdivided.
(2) All resulting lots meet the minimum lot area per dwelling unit and maximum
density requirements for the zoning district, including any overlay district, in
which the subdivision is located.
Orange County, North Carolina — Unified Development Ordinance Page 7 -13
Article 7: Subdivisions 14
Section 7.8: Access and Roadways
(B) A minor residential subdivision of three or fewer lots shall be encouraged to provide a
private access easement for one adjacent lot to access the private road in order to
reduce the number of access points on a public road.
(C) 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 design features in this subsection (8.8.4) when determining whether to
permit private roads.
(D) There is no right to a private road in any subdivision containing more than three lots.
(E) At a minimum, a private road may be justified if the subdivision meets standards of (1)
below and at least two other design features (2 through 7) 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 setbacks significantly greater than
those required by the zoning district in which the proposed subdivision is
located, including any overlay district requirements, in accordance with
the following standards:
(i) Lot Sizes — Conventional Subdivision
a. All lots in the subdivision must be at least 80,000 square
feet if the minimum lot size or area per dwelling unit of
the zoning district is 40,000 square feet or less.
b. All lots must be at least 120,000 square feet (2.75 acres)
if the minimum lot size or area per dwelling unit of the
zoning district is 80,000 square feet.
C. All lots must be at least 130,680 square feet (three
acres) if the minimum lot size or area per dwelling unit of
the zoning district is 87,120 square feet (two acres).
d. All lots must be at least five acres for all other cases.
e. Minimum building setbacks for lots located on a private
road shall be twice those required.
(ii) Lot Sizes — Cluster Subdivision or Flexible Development without
Density Bonus
In zoning districts having a minimum lot size of 40,000
square feet:
All lots must be at least 80,000 square feet in
subdivisions providing 40% or less open space;
All lots must be at least 70,000 square feet in
subdivisions providing 41% - 49% open space;
iii. All lots must be at least 60,000 square feet in
subdivisions providing 50% or greater open
space.
In zoning districts having a minimum lot size or area per
dwelling unit of 80,000 square feet or two acres (87,120
square feet):
All lots must be at least 130,680 square feet (3
acres) in subdivisions providing 40% or less
open space;
All lots must be at least 90,000 square feet (2.07
acres) in subdivisions providing 41% - 49% open
space;
Orange County, North Carolina — Unified Development Ordinance Page 7 -14
Article 7: Subdivisions 15
Section 7.8: Access and Roadways
iii. iAll lots must be at least 60,000 square feet
(1.38 acres) in subdivisions providing 50% or
greater open space.
C. Minimum building setbacks for lots located on a private
road shall be twice those required.
(b) The retention and /or provision of landscaping and use of clustering of
dwelling units to:
(i) Screen the view of the subdivision from public roads,
(ii) Maintain a wooded or forested character,
(iii) Maintain scenic views, or
(iv) Preserve wildlife, botanical, historic, archaeological and /or
recreation sites; and /or
(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:
(i) "An Inventory of Sites of Cultural, Historic, Recreational,
Biological, and Geological Significance in the Unincorporated
Portions of Orange County" or,
(ii) 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 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
Orange County, North Carolina — Unified Development Ordinance Page 7 -15
Article 7: Subdivisions 16
Section 7.8: Access and Roadways
(d) The land being subdivided is not connected to, or part of, another
subdivision required to be served by public roads.
(F) 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.
(G) 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.
(H) It shall be the responsibility of the applicant for subdivision approval to supply a written
statement justifying the reasons for private roads in the proposed subdivision.
(1) 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.
(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.
(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).
(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
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 developer 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 developer 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
Orange County, North Carolina — Unified Development Ordinance Page 7 -16
Article 7: Subdivisions 17
Section 7.8: Access and Roadways
(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)(1 0)(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
(1) 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) A Class B road serves 1 to 5 lots or dwelling units.
(b) A Class A road serves 6 to 12 lots or dwelling units.
(2) All Private Roads in a major subdivision require the approval of the Board of
County Commissioners.
(3) 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.
(4) Class B Private Roads intended to serve two lots or dwelling units are not
required to be constructed to Orange County Standards or to be inspected before
recordation of the final plat.
(a) Orange County recommends that such 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.
(D) Construction 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.
Orange County, North Carolina — Unified Development Ordinance Page 7 -17
Article 7: Subdivisions 18
Section 7.8: Access and Roadways
(1) Certificate of Construction
(a) A registered land surveyor must certify in writing to the Planning
Department that the travelway of the Private Road, either existing,
upgraded or newly constructed, is within the platted right -of -way.
(b) 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, provided however, there is no requirement for written
certification by a professional engineer for a private road serving three or
fewer lots.
(c) The following must be inspected and certified:
(i) The proper material has been used in the travelway and it is built
to the required width and thickness;
(ii) The shoulders are the correct width and the typical cross section
is in place;
(iii) The road is on the proper grade;
(iv) Ditches are in place where necessary to provide adequate
drainage, in accordance with sound engineering practice;
(v) Necessary storm pipes of proper size, materials and construction
are in place and energy dissipaters installed, in accordance with
sound engineering practice;
(vi) All disturbed areas are properly stabilized;
(vii) The required road sign is in place;
(viii) An adequate turn - around is in place at the end of the road;
(ix) Required vertical and horizontal clearance is provided; and
(x) Sight distance and construction at the intersection with a public
road has been approved by NCDOT.
(2) Travelway
(a) The travelway must be surfaced and compacted with a material
acceptable to Orange County to the required width of the particular class
of road.
(b) A crown should be built into the travelway so that water will drain from
the road surface into the side ditch.
(c) The crown should not be so great as to cause vehicles to slide off the
travelway when ice or snow is on the road.
Orange County, North Carolina — Unified Development Ordinance Page 7 -18
TABLE
7.8.5.D BASIC STANDARDS
•
FOR PRIVATE
ROADS
Max. Number of Lots
12
2
3
5
Right -of -Way Width
50 ft.
50 ft.
50 ft.
50 ft.
Travel -Way Width
18 ft.
No Standard
12 ft.
12 ft.
Road Maintenance
Yes
Yes
Yes
Yes
Agreement Required
Maintenance
Property Owners
Property
Property Owners
Property
Responsibility
Owners
Owners
(1) Certificate of Construction
(a) A registered land surveyor must certify in writing to the Planning
Department that the travelway of the Private Road, either existing,
upgraded or newly constructed, is within the platted right -of -way.
(b) 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, provided however, there is no requirement for written
certification by a professional engineer for a private road serving three or
fewer lots.
(c) The following must be inspected and certified:
(i) The proper material has been used in the travelway and it is built
to the required width and thickness;
(ii) The shoulders are the correct width and the typical cross section
is in place;
(iii) The road is on the proper grade;
(iv) Ditches are in place where necessary to provide adequate
drainage, in accordance with sound engineering practice;
(v) Necessary storm pipes of proper size, materials and construction
are in place and energy dissipaters installed, in accordance with
sound engineering practice;
(vi) All disturbed areas are properly stabilized;
(vii) The required road sign is in place;
(viii) An adequate turn - around is in place at the end of the road;
(ix) Required vertical and horizontal clearance is provided; and
(x) Sight distance and construction at the intersection with a public
road has been approved by NCDOT.
(2) Travelway
(a) The travelway must be surfaced and compacted with a material
acceptable to Orange County to the required width of the particular class
of road.
(b) A crown should be built into the travelway so that water will drain from
the road surface into the side ditch.
(c) The crown should not be so great as to cause vehicles to slide off the
travelway when ice or snow is on the road.
Orange County, North Carolina — Unified Development Ordinance Page 7 -18
Article 7: Subdivisions 19
Section 7.8: Access and Roadways
(d) Generally the road and shoulder should be crowned as shown in the
drawing below so that runoff will drain to the ditches on both sides of the
road.
Figure 7.8.5.D.2: Crowning of Roadway, NCDOT Typical Shoulder /Cross Section
5` -6' 6` -8' 18' -20' 61-8' Y -6'
Ditch Shoulder Roadway Shoulder Ditch
O.08 4-0.02 6.02 ♦ 0.08
Sfo otA� 3•�or ,o,�e
(e) In some situations it may be desirable not to crown the road but to have
the travelway sloped to a single ditch as shown below. This is applicable
in four situations:
(i) Where it is necessary to cut down on the length of a ditch in
order to reduce the erosion potential by decreasing the volume
of runoff,
(ii) Where it is difficult to construct ditches due to rock,
(iii) To provide for super - elevation, or
(iv) In curves.
(f) The single slope described in (e) should always drain toward the inside
of a curve. The crown slope of the road and shoulder should be
approximately 1/2 to 1 inch per foot.
Figure 7.8.5.D.2.e/f: Crowning of Roadway, NCDOT Typical Shoulder /Cross Section Single Slope
b' -8` S' -6`
---------- 11014 ----- ►
Roadway Shoulder Ditch
Slope = 1I2'- ]'per 1'
(3) Surface Materials
(a) Acceptable material for surfacing the travelway is Aggregate Base
Course (commonly called "crusher run ").
(b) Soil type base materials (commonly called "Chapel Hill Gravel" or
"Chapel Hill Grit ") will be accepted under the following conditions:
(i) The material originates from a quarry approved by the North
Carolina Department of Transportation.
(ii) The grade of the road is less than 8 %.
(iii) Where the grade is greater than 8% a layer of crusher run stone
will be placed over the Chapel Hill Gravel before compaction.
(iv) Sources of surface material shall be verified with the certifying
professional before placement.
Orange County, North Carolina — Unified Development Ordinance Page 7 -19
Article 7: Subdivisions20
Section 7.8: Access and Roadways
(4) Fill Material
(a) Where filling is necessary to raise the roadbed, cross watercourses or fill
stump holes, it shall be done with suitable material that is free of roots or
other organic matter.
(b) The fill should be firmly compacted to reduce settlement that will cause
ruts or holes in the finished road.
(5) Traffic Flow
(6)
(7)
(a) Private Roads shall provide for two -way traffic in order to prevent conflict
of vehicles meeting head -on.
(b) Two -way traffic for Class B roads can be accomplished by widening the
travelway at prescribed locations to at least 16 feet to allow vehicles to
pass or to pull over and stop while another vehicle passes.
(c) Plans showing road and right -of -way location, ditches and culverts,
extent of clearing, and existing and finish contour lines shall be approved
by the Erosion Control Officer.
Medians
(a) Medians may be permitted between travel lanes when it is demonstrated
that such design is desirable for the preservation of natural resources, or
that excessive cut and fill would be required to construct a roadway to
the standard width.
(b) Medians may be permitted only in accordance with the following:
(i) Each lane shall contain a minimum of 14 feet of vertical and
horizontal clearance.
(ii) Each lane shall contain a minimum travelway of eight feet, or 1/2
of the required width for the applicable road class, whichever is
greater.
(iii) No lots shall access directly onto any divided portion of the road
unless there is adequate cross - access provided through the
median, or some other acceptable means of access and
turnaround for emergency vehicles.
(iv) Both lanes shall be contained within a single easement.
(v) A standard travelway of required width for the road class shall be
constructed where the private road intersects with another
private or public road.
(vi) Signs indicating "One Way" and /or a split roadway shall be
provided where the lanes diverge.
Grade
(a) The grade of the road should not exceed 12% because of the difficulty of
operating vehicles on such a steep road and the high potential for
erosion of the travelway and ditches.
(b) Where possible, the road should be constructed along the contour of the
land to avoid steep grades.
(c) In exceptional circumstances a variance may be granted for a grade
greater than 12 %, as may be approved by the Board of Adjustment prior
to construction (see Section 2.10 for variance procedures).
Circumstances where a variance will be considered are:
(i) There is no other reasonable access or location of the road,
Orange County, North Carolina — Unified Development Ordinance Page 7 -20
Article 7: Subdivisions21
Section 7.8: Access and Roadways
(ii) Relocating the road would create other, more serious problems
with drainage, stabilization, or environmental impact, and /or
(iii) The length of the segment with grade greater than 12% is no
longer than 100 feet.
(8) Intersection with Public Road
(a) The intersection of the Private Road with the existing public road shall
permit a safe entrance and exit.
(b) Adequate sight distances along the public road shall be provided by
choosing a good location for the right -of -way and clearing sight triangles
when building the road.
(c) The intersection of a Private Road with a public road must provide an
adequate place for cars to stop before entering the public road. See the
diagram below.
Orange County, North Carolina — Unified Development Ordinance Page 7 -21
Article 7: Subdivisions22
Section 7.8: Access and Roadways
Figure 7.8.5.D.8: Intersection with Public Road
Class W Private Road Connection RIW
Variable
R/W
I
I
�
i
5cale:l " -30'
Note: Add itional RIW may be required
i
to accomodate tapers, turn Ianes, and
median islands.
Unpaved Apron I
See detail in
Fig.7.85.13.18
I
I
�
'
SO' IaFer
70
JM�
Sight Triangle
1
[1o'x70')
-
�- R
0'Mi n.
R =20'
15 °Min. (or as
R =20'
R =20' directed by engineer) m
Edge of Pavement
i
Edge of Pavement m
-----------------------
-----------------------
Existing Road
Note: Perm a nent d ra i n a ge easements may be required to accomod
ate drainage beyond the right -of -way
Class "B 'Private Road Connection Paw
Variable
I
R/
I
I
I
Scale:l' =30'
iNote:
Add itionaI A/W maybe required
to accomodate tapers,turn lanes, and
median islands.
Unpaved Apron
See detail in '
12'
Fig, 7.8.5.W a
I
I
i
50'Taper
70'
I
Sight Triangle
1 a
[to'x70'y
_�- R =20'
20'Mlm
-�
R =20'
15 "Min. (or as
R ° 20'
R = 20' directed by engineer)
M
Edge of Pavement
Edge of Pavement m
-- - - - - - - - - - - - - - - - - - -
- - - - - -
- - - - - - - - - - - - - - - - - - - -
Existing Road
Note: Permanent drainage easements may be required to accomodate drainage beyond the rig hi-of-way
(d) The Private Road must flare at the public road in order to permit a
vehicle to enter the Private Road when another vehicle is waiting to exit
on the Private Road. The dimensions of the required flare are 20 -feet for
both a Class A and Class B Private Road, as shown in Figure 7.8.5.D.8.
(9) Drainage
(a) Ditches shall be constructed to provide drainage from the road and
adjacent areas.
(b) The ditches shall be built with sufficient depth and width to carry the
expected volume of water.
Orange County, North Carolina — Unified Development Ordinance Page 7 -22
Article 7: Subdivisions23
Section 7.8: Access and Roadways
(c)
The side slopes shall be graded so that they can be stabilized and to
prevent vehicles from becoming stuck if they slide into the ditch.
(d)
Where the road crosses streams or minor watercourses, culverts shall be
installed to prevent ponding and washouts of the road for the design five -
year storm.
(e)
On streams where it is not economical to install a large culvert of the
required size, the Erosion Control Officer may allow the installation of a
smaller culvert if engineering equivalent provisions are made to protect
the road surface and fill slopes from erosion when runoff tops the road.
(10) Turn - Arounds
(a)
Vehicle turn - around areas shall be provided at the end of all dead end
roads. This can be accomplished by ending the road in a cul -de -sac or a
„T„
(b)
The "T" type turn - around is preferred.
(c)
Culs -de -sac shall have a minimum diameter of 70 feet.
(d)
A "T" turn - around must conform to the dimensions in the diagram below.
Figure 7.8.5.D.10: "T" Type Turn - Arounds
--- - - - - -- - - --
�5a-------- 04
I
12 -velway sa'
Rlw
-- - - - -IJ
I �
s0•R
i I
1 �
I
I I
9' I 16'Min.
I I
I I
I
50 I
I WW
I
Note: Travel way width based on roadway classification
(e) The location of the turn - around will depend on the arrangement of the
lots in the subdivision.
(f) If the Private Road serves only one lot the turn - around should be located
near the building site.
(g) In a subdivision with several lots the turn - around should be at the end of
the road and the necessary right -of -way provided.
(11) Road Name and Sign
(a) The road name shall be verified with the Orange County Planning
Department to insure that the proposed name does not duplicate an
existing name.
Orange County, North Carolina — Unified Development Ordinance Page 7 -23
Article 7: Subdivisions24
Section 7.8: Access and Roadways
(b) The road sign shall have one double -sided blade showing the name of
the Private Road and another showing the name of the existing State
maintained road.
(c) Class B roads of any length are required to be named and to have a road
sign posted.
(12) Right -of -Way
(a) The right -of -way shall be 50 -feet wide and indicated on the final plat.
(b) Requests for rights -of -way less than 50 -feet in width must be approved
by the Board of County Commissioners. In no case shall a right -of -way
less than 25 -feet in width be approved.
(c) Bends in the right -of -way must be at angles that will permit construction
of curves with a 125 -foot minimum centerline radius (see subsection (17)
below).
(13) Vegetation
(a) All areas disturbed by the construction of the road, including the
shoulders, ditch banks, cut and fill slopes and any borrow areas, shall be
seeded in permanent vegetation to stabilize the soil and prevent erosion.
(b) Seeding should be done immediately after grading is completed and
before the final inspection by the Planning Department.
(c) The disturbed area shall be smoothed and lightly harrowed to break up
the soil and prepare a good seedbed. The following materials are
recommended per 1,000 square feet:
(i) 1.4 lbs. Fescue grass seed
(ii) 0.4 lbs. German or Browntop millet (to provide temporary cover
until the grass becomes established)
(iii) 90 lbs. lime
(iv) 23 lbs. 10 -10 -10 Fertilizer
(v) Two 40 lb. Bales of straw for mulch (enough to cover 75% of the
ground surface)
(d) Other types of permanent vegetation may be substituted as long as they
provide adequate cover to prevent erosion.
(14) Maintenance
(a) Maintenance of the Private Road must be provided by the lot owners that
are served by the road.
(b) The required Road Maintenance Agreement between the lot owners is
required to insure that the cost is shared equally and a mechanism for
maintenance is set up.
(c) The responsibility for maintenance is the property owners and neither the
State nor Orange County will maintain the road.
(d) Regular attention shall be given to the following items in order to assure
that the road will remain in good condition:
(i) The vegetation shall be mowed, limed and fertilized as needed.
Areas that erode or where seeding is unsuccessful should be
reseeded.
Orange County, North Carolina — Unified Development Ordinance Page 7 -24
Article 7: Subdivisions25
Section 7.8: Access and Roadways
(ii) Culverts shall be kept clear of trash and other obstructions that
could prevent or reduce the culverts function. If culverts are not
kept clear it will cause runoff to flow over the road and may
cause flooding upstream. Ditch banks and bottoms shall be
protected from erosion by maintaining good vegetation.
(iii) The travelway shall be maintained by grading the surface
material to fill any potholes that develop and to evenly spread the
surface material where the soil has been uncovered because of
erosion.
(iv) The road name sign shall be kept visible and legible so that
visitors and emergency personnel can easily locate the road.
(15) Vertical Clearance
A minimum 14 -foot vertical clearance shall be provided above the travelway to
permit the passage of large vehicles under power lines and tree limbs.
(16) N.C. Department of Transportation Driveway Permit
The property owner is responsible for obtaining the required permit for access to
the state maintained road. This permit can be obtained from the DOT in
Hillsborough. Permits are normally granted on request.
(17) Minimum Curve Radius
(a) New curves shall be constructed with a minimum centerline radius of
125 -feet (see graphic).
Figure 7.8.5.D.17.a:
Minimum Curve Radius
A
50'
Right of Way
r
t
125' Centerline
Curve Radius
Right of Way
(b) The right -of -way shall be designed with bends that will provide sufficient
width to construct the road to the minimum radius. For example, a 90
degree bend in a 50 -foot right -of -way will not provide enough area to
construct a road 18 -feet wide.
(c) The right -of -way must include sufficient width for the travelway and the
necessary shoulders, ditches and slopes.
(d) A curve radius of less than 125 -feet may be approved if all of the
following conditions are met:
Orange County, North Carolina — Unified Development Ordinance Page 7 -25
Article 7: Subdivisions26
Section 7.8: Access and Roadways
(i) The road existed prior to the adoption of subdivision regulations
or was approved as part of an earlier subdivision;
(ii) Reconstruction of the existing road to meet a 125 -foot 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;
(iii) Standards pertaining to road width and grade will be met;
(iv) The subdivision can be approved with a Class B private road;
(v) Documentation is received from the Staff Engineer that the
proposed curve radius would provide for adequate vehicular
access and circulation; and
(vi) Documentation is received from the Department of Emergency
Services stating that the proposed curve radius would provide
access for the largest emergency vehicle expected to use the
road.
(18) Typical Cross - Section
The drawings below illustrate the typical cross sections for Class A and Class B
Private Roads.
Figure 7.8.5.D.18: Typical Cross Sections
Class "A" Typical Roadway Section
� 18' Minim
6.00' 6'- 1 "Per Ft
ti I.
4.00" Compacted Aggregate y?
Base Course I
Class "B" Typical Roadway Section
12' Min. 5`-►
6.00' 6,_ 1 "Per Ft
IV
4.00 "Compacted Aggregate Base Course
(E) Compliance with Erosion and Sedimentation Control Regulations Required
Private road construction shall conform to the erosion and sedimentation control
provisions of this Ordinance (see Section 6.15).
(F) Inspections and Certifications
(1) Private road construction must be inspected and the construction certified in
writing to the Orange County Planning Department by a North Carolina
Professional Engineer.
(2) The location of the travelway within the right -of -way must be certified to be within
the platted private road right -of -way by a North Carolina Registered Land
Surveyor.
(3) 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.
Orange County, North Carolina - Unified Development Ordinance Page 7 -26
Article 7: Subdivisions27
Section 7.9: Reservation of Space for Utilities
(4) The subdivider or his /her 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.
(5) Inspections by the Planning Department are made only to insure the following:
(a) That the road is built to the required dimensions;
(b) That the stone travelway is provided to the required width;
(c) That adequate drainage is provided;
(d) That any disturbed areas are seeded and mulched to establish
permanent vegetation; and
(e) To verify that the required road sign is in place.
(6) The subdivider is responsible for supervising construction and for quality control
inspections for clearing and grubbing of the right -of -way, compaction of fill,
construction materials, and so forth.
(7) The subdivider or representative should employ a qualified grading contractor
(and supervisor if necessary) to insure that the road is in the correct location and
that acceptable methods and materials are used.
(8) Bonds or letters of credit cannot be released or reduced until completion of the
road is certified. Arrangements for payment between the subdivider and
contractor are not the responsibility of Orange County.
7.8.6 Alleys
(A) Alleys shall be required for lots used for commercial and industrial purposes except that
this requirement may be waived where other definite and assured provision is made for
service access.
(B) Alleys shall not be provided in residential subdivisions unless necessitated by unusual
circumstances.
(C) The width of an alley shall be adequate for the purpose which it serves.
(D) Dead end alleys shall be avoided where possible, but if unavoidable, shall be provided
with adequate turn around facilities at the dead end as may be recommended by the
Planning Board and approved by the Board of County Commissioners.
7.9.1 Easements Required
(A) Where several utilities are available or can be anticipated to serve a subdivision
according to utility extension plans, utility easements, setbacks or other methods of
providing services may be required for service in that subdivision.
(B) Except where utilities may be located in approved alleys, easements, setbacks, or other
methods, not less than six feet in width may be required on each side of rear and side lot
lines.
Orange County, North Carolina — Unified Development Ordinance Page 7 -27
Attachment 3
29
will be provided to the appropriate Emergency Services provider(s) and will be
available from the park office (for parks that have an office).
Objective #5 — Each park containing a trail network will develop an Emergency
Action Plan, including protocol and procedures for trail - related emergencies.
Draft #2 — 7/24/14
C
Attachment 4
EXCERPT FROM MINUTES — SEPTEMBER 3, 2014 PLANNING BOARD MEETING
AGENDA ITEM 9: REGULAR AGENDA
UNIFIED DEVELOPMENT ORDINANCE PRIVATE ROAD AND ACCESS
STANDARDS: To receive information about a current multi - department
advisory board project involving the review of private road and access
standards and to receive the Board's comments.
Abigaile Pittman presented abstract.
Lisa Stuckey: Would the pullover roads apply just to 18 foot wide roads?
Abigaile Pittman: It would apply to any one way road.
Paul Guthrie: What is the definition of a private road?
Abigaile Pittman: One that is not accepted for public maintenance. Not built to public
maintenance standards.
Paul Guthrie: There are no use standards or number of properties attached to define it;
it has to do strictly with the shape and construction of the road.
Abigaile Pittman: Yes.
Pete Hallenbeck: A private road is one that NCDOT does not maintain.
Paul Guthrie: Any existing non - public road servicing more than one household is
grandfathered until an effort is made to do some sort of planning development.
Abigaile Pittman: The new regulations are not retroactive.
Paul Guthrie: What would trigger on that situation this proposal?
Michael Harvey: Someone coming in and trying to subdivide any of those existing lots.
There are two dual issues here. We have an addressing ordinance that is enforced by
Orange County Land of Records via the attorney's office that spells out road serving x
number of lots or certain size has to be name. That is part of the ordinance. County
subdivision regulations have been adopted over the years. We didn't get private road
standards until 1998 -2000 so the County has a history of subdivision development
some of which have been done under different standards. We also have several
properties in the County that have exercised their right under the general statute to
develop their property or subdivide their property through the exempt subdivision
process. By state law, we have no review authority and cannot hold them to any
specific requirements identified in our subdivision standards.
Abigaile Pittman: The standard we are recommending to address those exempt
subdivisions is to develop a requirement that all newly created lots have access to a
complying road, public or private, for emergency responders.
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Attachment 4
Tony Blake: I do want to have this discussion around water supply at some point.
Lisa Stuckey: I do think it would be a good idea to say that if you have a gate we can't
get through, there should not be any discussion about who owes what for whom.
Craig Benedict: It is important how we differentiate what would go in the UDO and what
needs to be handled by other ordinances.
Paul Guthrie: In the emergency access to trails systems, there are two sides to it, one
is providing the access points but the trails may not be able to accommodate the size
vehicles we have. We may need smaller vehicles.
Pete Hallenbeck: I like the three lots on the driveway.
Craig Benedict: You will probably need a road name.
Pete Hallenbeck: We have a few roads in Efland we cannot get the fire trucks down.
With the pullovers, anyone who had to go through a 1700 foot road would appreciate
those pullovers.