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HomeMy WebLinkAboutAgenda - 08-22-1994 - C-4 (a) 061 O R A N G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 22 , 1994 Action Agenda Item # C4a SUBJECT: PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENT Section IV-B-3-c-10 Lot Boundaries (in relation to public right-of-way) Section IV-B-3-d 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 PURPOSE: To receive citizen comment on a proposed amendment to the Subdivision Regulations which would require that property lines for individual lots extend only to the edge of a public road right-of-way and that the area within private road easements be included within lot boundaries. BACKGROUND: The proposed amendment makes explicit the practice of Orange County to require that property lines go to the edge of public road rights-of-way and that the area within private road easements be included within lot boundaries. In the case of public roads, the property is dedicated for use by the public and there are no individual rights or responsibilities associated with the right-of-way, even if it is included in the deed description for an adjoining parcel. In the case of private roads, the property is used to provide access only to parcels which have been granted rights of access. Unlike public road rights-of-way, there are individual rights and responsibilities associated with the use of a private easement, and it is thus appropriate for that area to be included in the deed description for an adjoining parcel. RECOMMENDATION: 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 068 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 October 3, 1994 . 069 PROPOSED ORDINANCE AMENDMENT ORDINANCE: SUBDIVISION REGULATIONS Section IV-B-3-c-10 Lot Boundaries (in relation to public right-of-way) Section IV-B-3-d Private Roads REFERENCE: ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public _x_ Other: County Attorney STAFF PRIORITY RECOMMENDATION: High _x Middle Low PUBLIC HEARING DATE: August 22, 1994 PURPOSE OF AMENDMENT: To require that property lines for individual lots extend only to the edge of a public road right-of- way and that the area within private road easements be included within lot boundaries. IMPACTS/ISSUES: It has been the practice of Orange County to require that property lines extend to the edge of the right-of-way of public roads, and to the center of private road easements. In the case of public roads, the property is dedicated for use by the public, which also bears the responsibility of maintenance. There are no individual rights or responsibilities associated with a public right-of-way, even if the area in the right-of-way is included in the deed description for an adjoining parcel. In the case of private roads, the property is used to provide access only to parcels which have been granted rights of access. The owners of parcels served by the easement bear the responsibility of maintenance. Unlike public road rights-of-way, there are individual rights and responsibilities associated with the use of a private easement, and it is thus appropriate for that area to be included in the deed description for an adjoining parcel. The proposed ordinance makes explicit the practice of Orange County to require that property lines go to the edge of public road rights-of-way and that the area within private road easements be included within lot boundaries. EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT: IV-8-3-c 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, but shall be no less than the 070 following: IV-B-3-c-1 Widths. . . . . . IV-B-3-c-2 Partial Widths. . . . . IV-B-3-c-3 Grades. . . . . . IV-B-3-c-4 Intersections. . . . . IV-B-3-c-5 Deleted IV-B-3-c-6 Curves. . . . . IV-B-3-c-7 Culs-de-sac. . . . . IV-B-3-c-8 Access Restrictions. . . . . IV-B-3-c-9 Reverse Frontage. . . . . IV-B-3-c-10 Deleted Lot Boundaries The parcel boundary for lots adjacent to existing or proposed public road rights-of-way shall extend to the edge of the right-of-way. IV-B-3-c-11 Street Names. . . . . IV-B-3-c-12 Street Name Signs. . . . . IV-B-3-d Private Roads IV-B-3-d-3 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-watt as required by Section IV-B-3-c-10 of this Ordinance. ********************************** ORDINANCE REVIEW SUBCONKITTES: July 11, 1994 PLANNING BOARD REVIEW: SOCC REVIEW: