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HomeMy WebLinkAboutAgenda - 10-23-2007-6dORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 23, 2007 Action Ager~d Item No. ~'~_ SUBJECT: Potential Actions Regarding Petitions for Addition of Subdivision Roads to the State Maintained System DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) ~~ ATTACHMENT(S): Draft OUTBoard Proposed Policy for Processing Petitions for Addition of Subdivision Roads to the State Maintained System INFORMATION CONTACT: Karen Lincoln, 245-2594 Craig Benedict, 245-2592 TELEPHONE NUMBERS: Hillsborough 732-8181 PURPOSE: To consider a policy to govern Board of County Commissioners recommendations regarding Petitions for Addition of Subdivision Roads to the State Maintained System. BACKGROUND: The County is experiencing an increase, in Petitions for Addition for roads that the County has not approved as public roads in the subdivision process. Staff processing of these petitions is often delayed because the BOCC does not have a policy in place to ensure equitable treatment in the decision-making process with respect to the various circumstances under which the roads were originally created. This topic was referred to the Orange Unified Transportation Board (OUTBoard) and the OUTBoard has discussed it and recommended potential standardized policies. The BOCC received a report regarding potential actions in handling Petitions for Addition in the February 20, 2007 agenda packet and in a May 18, 2007 Manager's Memo. Orange County's subdivision regulations (Section I-A Purpose) are designed: • to insure adequate planning of street systems; • to avoid overcrowding of land, prevent fire, panic, and other dangers; • to insure that water and sewage systems be safe and adequate; • to prevent flood damage; • to facilitate an orderly use of land; • to insure the proper legal description and monumenting of subdivided land; and • to encourage the proper management of Orange County's natural resources. When land is divided and a road is built that is exempt from County regulatory authority, the roads may prevent development of an interconnected County road network. If those roads are subsequently accepted as public roads as part of the State Maintained System, further subdivision of land may proceed in piecemeal fashion, destroying the potential for well-planned development. The Orange Unified Transportation Board (OUTBoard) reviewed issues concerning petitions for State maintenance of subdivision roads, and determined that the same issues exist regardless of 2 the way in which the road was established. The OUTBoard recommends the same treatment, as follows, for all petitions for addition of a subdivision road to the State Maintained System. PUBLIC ROAD ACCEPTANCE PROCESS Roads approved as public roads through the subdivision process (standard process) The BOCC should recommend that the North Carolina Board of Transportation approve Petitions for Addition of roads to the State Maintained System that the BOCC has approved as public roads through the major subdivision process. The BOCC, reviewed the subdivision's street system as part of the major subdivision approval, and intended for those roads to become North Carolina Department of Transportation (NCDOT) maintained roads. All other cases The BOCC should refer Petitions for Addition of subdivision roads that the County has not approved as public roads through the subdivision process to the OUTBoard for review. Examples of such roads are subdivision roads platted/created in one of the following ways: • Developments in which all lots are greater than 10 acres that are exempt from local subdivision regulation per N.C. State Statute §153A-335; • Major subdivisions approved with private roads; • Minor subdivisions; • Subdivisions platted prior to October 1, 1975. The NCDOT refers Petitions for Addition that meet NCDOT road standards to the County for the Commissioners' approval. Such Petitions for Addition would be presented at the first OUTBoard meeting following staff receipt of the petitions. The OUTBoard would consider whether the subject subdivision is in a location where the County desires future connectivity between developments or existing public roads, or where there is potential to provide connectivity between existing developments. If the OUTBoard determines that the County desires road connectivity, the OUTBoard would recommend that the BOCC endorse the petition(s) for approval by the North Carolina Board of Transportation (NCBOT) if the petitioners submit a plat for recordation showing: 1. Right-of--way extended to allow connectivity; 2. Irons have been set at the edge of right-of-way to mark the "new" corners of the lots and new lot size; 3. Appropriate certificates of dedication of the right-of--way and acceptance of the public right-of- way signed by the appropriate entities. For all other circumstances, the OUTBoard would recommend that the BOCC not endorse the petition(s) for addition of subdivision roads for approval by the NCBOT. The Petitions for Addition would then be forwarded for the agenda for the first BOCC meeting the following month. (The OUTBoard meets the third Wednesday of the month.) In addition, the OUTBoard further recommends that: • The BOCC incorporates the policy in the Orange County Subdivision Regulations; and • The County develops a transportation plan that maps proposed connectivity between public roads. 3 FINANCIAL IMPACT: There is no direct financial impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board: 1. Consider/endorse the recommended policy proposed by the Orange Unified Transportation Board; 2. Direct staff to prepare language for review by the Planning Board to amend the Orange County Subdivision Regulations to incorporate the policy; and 3. Authorize the Orange Unified Transportation Board to develop a transportation plan to map desired connectivity between public roads. Draft OUTBoard Proposed Policy for Processing Petitions for Addition of 4 Subdivision Roads to the State Maintained System Background The County is seeing an increase in Petitions for Addition for roads that the County has not approved as public roads in the subdivision process. Staff processing of these petitions is often delayed because the Board of County Commissioners (BOCC) does not have a policy in place to ensure equitable treatment in the decision-making process with respect to the various circumstances under which the roads were originally created. Orange County's subdivision regulations (Section I-A Purpose) are designed: • to insure adequate planning of street systems; • to avoid overcrowding of land, prevent fire, panic, and other dangers; • to insure that water and sewage systems be safe and adequate; • to prevent flood damage; • to facilitate an orderly use of land; • to insure the proper legal description and monumenting of subdivided land; and • to encourage the proper management of Orange County's natural resources. When land is divided and a road is built that is exempt from County regulatory authority, the roads may prevent development of an interconnected County road network.. If those roads are subsequently accepted as public roads as part of the State Maintained System, further subdivision of land may proceed in piecemeal fashion, destroying the potential for well-planned development. OUTBoard Subcommittee A subcommittee of the Orange Unified Transportation Board (OUTBoard) reviewed issues concerning petitions for State maintenance of subdivision roads, and determined that the same issues exist regardless of the way in which the road came into being. The subcommittee recommended the same treatment for all .petitions for addition of a subdivision road to the State Maintained System. When the BOCC approves a major subdivision in which the roads are proposed to be public roads, the Board has reviewed the subdivision's street system, and intends for those roads to become NCDOT maintained roads. Therefore, the BOCC would recommend that the North Carolina Board of Transportation approve such petitions for addition of roads to the State Maintained System. In all other cases, when the BOCC receives Petitions for Addition for roads that the County has not approved as public roads through the subdivision process, the petitions should be referred to the OUTBoard for review. Examples of such roads are subdivision roads platted/created in one of the following ways: • Developments in which all lots are greater than 10 acres that are exempt from local subdivision regulation per N.C. State Statute §153A-335; • Major subdivisions approved with private roads; • Minor subdivisions; • Subdivisions platted prior to October 1, 1975. Draft OUTBoard Proposed Policy for Processing Petitions for Addition of 5 Subdivision Roads to the State Maintained System The OUTBoard would consider whether the subject subdivision is in a location where the County desires future connectivity between developments or existing public roads, or where there is potential to provide connectivity between existing developments. OUTBoard Recommendation If the OUTBoard determines that the County desires road connectivity, the OUTBoard would recommend that the BOCC endorse the petition(s) for approval by the North Carolina Board of Transportation (NCBOT) if the petitioners submit a plat for recordation showing: 1. Right-of-way extended to allow connectivity; 2. Irons have been set at the edge of right-of-way to mark the "new" corners of the lots; 3. Appropriate certificates of dedication of the right-of-way and acceptance of the public right-of-way signed by the appropriate entities. For all other circumstances, the OUTBoard would recommend that the BOCC not endorse the petition(s) for addition of subdivision roads for approval by the NCBOT. Impact on County Regulations To enhance awareness of these regulations, for both developers and buyers in subdivisions with private roads, The OUT Board proposes that the policy be included in the Orange County Subdivision Regulations so that all parties are aware of the County's position and requirements for development of the public road network. The OUTBoard also recommends that the County develop a transportation plan that maps proposed connectivity between public roads.