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HomeMy WebLinkAboutAgenda - 11-27-1995 - C-5-a r 16`1 a O R A N G E C 0 U N T Y BOARD OF COMMISSIONERS PUBLIC HEARING ITEM ABSTRACT Meeting Date: November 27, 1995 Action Agenda Item # C-6 -a. ` SUBJECT: PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENT Private Road Standards (Paved Private Roads) DEPARTMENT: PLANNING PUBLIC HEARING —X—Yes No ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis Proposed amendment Extension 2583 TELEPHONE NUMBERS: Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 ` Chapel Hill -967-9251 R PURPOSE: To allow up to 50 lots to be served by a private road provided that specified design criteria are met. BACKGROUND: The Subdivision Regulations require that no more than 25 lots be served by a private road. The subdivision of any lot which creates 26 or more lots on a private road can only be approved if the road is constructed to paved public road standards as required by NCDOT. Currently, there are three classes of roads in the Private Road Standards of the Subdivision Regulations. The proposed amendment would create a fourth private road class (Class AA) to serve 26 to 50 lots. A Class AA road would be paved, but would not be required to meet all of the criteria required by NCDOT for acceptance into the State road system. The quality of the road would be adequate to serve traffic, while providing for greater flexibility in design and character of the subdivision. The increase in design flexibility could also be an incentive used to encourage open space development. Another issue addressed in the proposed amendment concerns the creation of new lots on existing private roads. Currently, no further subdivision can occur on a private road which already serves 25 lots or more unless the road is constructed to NCDOT standards. The cost to construct a public road is prohibitive for a landowner who wishes to t70 create, for example, only one additional lot. The creation of the Class AA private road standards would alleviate this situation in some circumstances, but there may still be situations where an existing private road does not meet all of the Class AA standards, even if the road is clearly adequate to serve anticipated traffic. The proposed amendment would enable the Board of Commissioners to approve a subdivision which results in a cumulative total of 26 to 50 lots on an existing road which does not fully meet the new Class AA private paved road standards if: the road exceeds Class A private road standards in either width or surfacing requirements; Emergency Management has certified that the road is adequate for access by emergency vehicles; and at least 1/2 of the lots which are served by the private road are already developed. RECO1rONDATION: Section VII-D-3 of the Subdivision Regulations requires that proposed amendments to the text of the Subdivision Regulations be presented at a joint public hearing involving the Board of Commissioners and the Planning Board. It is at that time that the Planning Department's recommendation is presented. Planning Department Recommendation Provided that the Planning Board and Board of Commissioners find in the affirmative, the Planning Department recommends approval of the proposed text amendment. No decision is made on the proposed amendments by either the Planning Board or Board of Commissioners at the public hearing. Instead, the Planning Board has 75 days within which to prepare and submit a recommendation to the Board of Commissioners. Failure of the Planning Board to submit a recommendation within the required time shall be considered a favorable recommendation. Administration Recommendation The Administration recommends that the proposed amendment be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than January 16, 1996. t '7 ! PROPOSED ORDINANCE AMENDMENT ORDINANCE: SUBDIVISION REGULATIONS REFERENCE: Private Road Standards ORIGIN OF AMENDMENT: _X_ Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: High _x Middle Low PUBLIC HEARING DATE: November 27, 1995 PURPOSE OF AMENDMENT: To allow up to 50 lots to be served by a private road provided that specified design criteria are met. IMPACTS/ISSUES: The Subdivision Regulations require that no more than 25 lots be served by a private road. The subdivision of any lot which creates 26 or more lots on a private road can only be approved if the road is constructed to paved public road standards as required by NCDOT. Currently, there are three classes of roads in the Private Road Standards of the Subdivision Regulations. Class C roads (8 ' travelway) serve up to three lots. Class B roads ( 12 ' travelway) serve four to nine lots. Class A roads ( 18' travelway) serve ten. to 25 lots. Private roads which serve more than 25 lots must be constructed to NCDOT public road standards. The proposed amendment would create a fourth private road class (Class AA) to serve 26 to 50 lots. A Class AA road would be paved, but would not be required to meet all of the criteria required by NCDOT for acceptance into the State road system. The quality of the road would be adequate to serve traffic, while allowing trees in the outer portion of the right-of- way, maintaining greater privacy within the development, providing more opportunity to establish speed limit signs, speed bumps or other traffic control measures within the development, and lowering the cost of road construction. The increase in design flexibility could also be an incentive used to encourage open space development. New Roads New Class AA roads would be paved to the standards required in the Zoning Ordinance for roads in new mobile home parks. These standards specify how the road base and surface paving is constructed, and were developed to provide adequate road support for the movement of mobile homes in and out of mobile home parks. These same standards should provide a sufficient road quality to accommodate traffic of the development as well as construction traffic. The maximum size of a mobile home park is 50 acres. A park within the AR or R-1 zoning district could contain up to 50 mobile homes. This number is also consistent with information contained in the Vermont Local Roads Program, provided to staff by Randall Arendt, which indicates that up to 50 lots can be accommodated on a private road in a cost-effective manner. These factors provide the rationale for the recommendation of a 50-lot breakpoint. Existing Roads Another issue addressed in the proposed amendment concerns new lots on existing private roads. Currently, no further subdivision can occur on a private road which already serves 25 lots or more unless the road is constructed to NCDOT standards. The cost to construct a public road is prohibitive for a landowner who wishes to create, for example, only one additional lot on a lengthy private road. In that case, the conditions of subdivision approval cannot be met, even if the impact of the subdivision is negligible with respect to impacts on the existing road. There is currently no flexibility in the Subdivision Regulations to address these situations. The creation of the Class AA private road standards would alleviate this situation in some circumstances, but there may still be situations where an existing private road does not meet all of the Class AA standards. The proposed amendment would enable the Board of Commissioners to address these situations in a manner similar to that used to grant a reduced right-of-way width. It would allow the Board of Commissioners to approve a subdivision which results in a cumulative total of 26 to 50 lots on a road which does not fully meet the new Class AA private paved road standards if all of the following criteria are met: 1. The road is existing; and 2. The road exceeds Class A private road standards in either width or surfacing requirements; and 3. Emergency Management has certified that the road is adequate for access by emergency vehicles; and 4. At least 1/2 of the lots which are served by the private road are already developed. The Planning Board reviewed the proposed amendment on October 16 and recommended that it be presented for public hearing, with clarification that a road which would function as a thoroughfare would not be approved as a private road. EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT: 1 73 ORANGE COUNTY PRIVATE ROAD STANDARDS 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 C road serves 1 to 3 lots or dwelling units, a Class B road serves 4 to 9 lots or dwelling units and a Class A road serves 10 to 25 lots or dwelling units. A Class AA road serves 26 to 50 lots. . Private roads serving 26 to 50 lots or dwelling units may be permitted only if constructed to Class AA private road standards. The Board of Commissioners may approve a subdivision which results in a cumulative total of 26 to 50 lots on a road which does not fully meet Class AA private road standards if all of the following criteria are met: 1. The road existed prior to reffective date of ordinancel . 2 . The road exceeds standards required for a Class A private road in either width or surfacing requirements. 3. Emergency Management has certified that the road is adequate for access by emergency vehicles. 4 . At least 1/2 of the lots which are served by the private road are already developed. Private roads serving more than -2§ 50 lots or dwelling units may be permitted only if constructed to NCDOT public road standards. All classes of 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 C 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 C 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. Surface Materials Reiviate reads may be pa-ved, peevided that pavement design (materials and meets NEBAT subdiv islee stEe t standQrds-v The travelwav of Class AA private roads shall be constructed with paved, all-weather surfaces consisting of four (4) inches of base material t (crusher run) and 1-1/2 inches of 1-2-asphalt or tar and gravel surface treatment consisting of a minimum of six (6) inches of base material (crusher run) covered with alternating lavers of tar and pea-sized gravel For Class A, B and C private roads, acceptable materials for surfacing the travelway is Aggregate Base Course (commonly called "crusher run" ) . Soil type base materials (commonly called "Chapel Hill Gravel" or "Chapel Hill Grit" ) will be acceptable under the following conditions: The material originates form a quarry approved by the North Carolina department of Transportation. The grade of the road is less than 8%. Where the grade is greater than 8 percent a layer of crusher run stone will be placed over the Chapel Hill Gravel before compaction. Sources of surface material shall be verified with the certifying i professional before placement. ORDINANCE REVIEW SUBCOMMITTEE: October 10, 1995 1 PLANNING BOARD REVIEW: BOCC REVIEW: