HomeMy WebLinkAboutAgenda - 06-12-2007-4bbORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 12, 2007
Action Agenda
Item No. + - i:�b
SUBJECT: Bradford Ridge Road Petition for Addition to the State Maintained System
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Map of Bradford, Ridge Subdivision Karen Lincoln, 245-2594
2. Letter from C.N. Edwards, NCDOT Craig Benedict, 245-2592
SR Addition Investigation Report
3. March 22, 2003, Minutes of
Bradford Ridge HOA
4. Letter from Geof Gledhill, Attorney,
To Karen Lincoln
5. ROW letter from C. N. Edwards
PURPOSE: To consider a petition to add Bradford Ridge Road to the State Maintained
Secondary Road System.
BACKGROUND: The property owners in Bradford Ridge subdivision (14 homes) have
petitioned the North Carolina Department of Transportation (NCDOT) to accept maintenance
responsibilities for Bradford Ridge Road. Bradford Ridge is located off the south side of Borland
Road, east of Chestnut Ridge Church Road, Bingham Township. The Board of County
Commissioners approved Bradford Ridge Subdivision, containing twenty-two (22) lots ranging
from 2.008 acres to 5.526, with a private road in August 1999. The approved plat includes a 60-
foot private ingress/egress easement extending from the cukde=sac on Bradford Ridge Road to
a 10.8-acre (approximately) property south of the subdivision, with a "Temporary 30' Private
Access Easement" extending from the 60-foot easement to 5.00 acres dedicated to Orange
County that is in a Resource Protection Area designated as a wildlife corridor in the Land Use
Element of the Orange County Comprehensive Plan.
The Road Maintenance Agreement, recorded at the same time as the original plat, stipulates (in
Article 4) that the private road may be dedicated to the public at the election of a majority vote of
the owners. The homeowners association, in March 2003, voted to petition the North Carolina
Department of Transportation to accept maintenance responsibilities for the road and add the
road to the State secondary road system (please refer to item 4, page 7).
The homeowners completed the following actions to comply with NCDOT requirements to add
the road to the State Secondary Road System and accept maintenance responsibilities:
1. Submitted to NCDOT a soil density test performed by an engineer showing that Bradford
Ridge Road conforms to State Secondary Road Standards;
2
Attachment 4 (pages 9-11) contains a letter from the Attorney to the Board addressing questions
posed by the Transportation Planner regarding the request of the Home Owners Association to
make the road public.
NCDOT has investigated the request (please refer to attached Secondary Road Addition
Report), and has submitted the petition to the Board of Commissioners for its review and
approval. The Board must take an administrative action to approve the petition to NCDOT in
order for NCDOT to add those subdivision roads to the State Maintained System and accept
maintenance responsibilities.
FINANCIAL IMPACT: There is no direct financial impact associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board recommend to NCDOT
that it accept the request to add Bradford Ridge Road to the State Maintained System.
i
BRADFORD RIDGE
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SUBDIVISION
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
December 15, 2004
ORANGE COUNTY.
Mr. John Link, Jr., Manager
Orange County
P.O. Box 8181
Hillsborough, North Carolina 27278
SUBJECT: Request for Addition
Bradford Ridge Road
Bradford Ridge Subdivision
Dear Mr. Link:
Attached is Form SR-4, Secondary Road Addition Investigation report for the above subject
roads and a location map.
This is being forwarded to you for review by your Board of Commissioners.
Attachments
/ndf
Sincerely,
C-111111
e.2 61—
C.N. Edwards, Jr., P.E.
District Engineer
P.O. Box 766 Graham, N.C. 27253 Telephone (336)-570
E
D Eu 2 0 T . TO
4
North Carolina Department of Transportation
Division of Highways
Secondary Road Addition Investigation Report
County Orange Co. File No.
Township Bingham Div. File No.
0-03-07 Date
Div. # Seven
Local Name Bradford Ridge Road Subdivision Name Bradford Ridge
Length 0.41 Width 18' Type 1-2 Condition Good
Is this a Subdivision street subject to the construction requirements for such streets? -Yes
Recording Date 07-06-00 Book 86 Page 5
Number of homes having entrances into road 14,
Other uses having entrances into road None
60' If right-of-way is below the desired width, give reasons
Right- of-Way Width under "Remarks and Recommendations.p
Is petition (SR-1) attached? Yes
Is the County Commissioners Approval (SR-2) attached? Yes, if not, why not?
Is a map attached indicating information for reference in locating road by the
Planning Department? Yes
Cost to place in acceptable maintenance condition: Total Cost $0.00
'Grade, drain, stabilize —$0.00 Drainage $0.00 Other $0.00
Remarks and Recommendations Road meets minimum requirements. Recommend addition.*
61
Submitted by (--19A14e C.N. Edwards,Jr.,PE Reviewed and Approved J.M. Mills,PE
DiSTRICT ENGINEER DIVISION ENGINEER
Reviewed and Approved
n.
Form SR-4 (112001)
(Do not write in this space - For use of Secondary
Roads Dept.
Petition No.
(Do not write in this space - For use of Planning
Dept.)
Form SR-4 (112001)
4Dqu,nd, -%rC 2X243
BRA-D,6." i6igF, ROA
ANNUAL M.09MG
AM''
`Nfarcli tit, 2b03
N es fj and
i0AW6W Pjresetit,for.. the Annual Meeting of.Alarch.22 2003-. Tom Brown, Robin
tdbsfi�i,Rick Mdtheda, Patty Mathena, Sliefty Green, y Stann, Cara Stann,
16-h-g-H M &.41 —ahjames Mercer, Paula Mercer, Eric I4.orn\� Karin Horn, Doug Bonner,
9war 4.- ann
Qfiaffip� " Ae, J hn Pharo, ken Clair, Marcia Clair; and
Anz F4 g 911ceDurand, Peter Goodman, Jo .
1�1-z — j . 'Wit
i�rnerswqre pre - the. meeting h one (1) by,
Fourteen f 14) lofo present at
Typ --Y
Th Rj. omeoWniers Association met for its annual meeting at the residence of
Tom BtA�n of .44w Bradford Ridge Rd, E fland, NC 27243.
2. Orddr- of 81� sffiess`:
a. Formal: Election of Officers
b. Homeowner Dues
c. DOT Guidelines & procedures for acceptance of the road.
d. C&ruriunity Watch
e. Copiriumity Picnic
Electionst
a. T61n, AioNNrn was elected president by unanimous vote
b. 8rian14erbst was elected Vice President by unanimous vote
c. Rick Mathena was elected Secretary by unanimous vote
d. Sherry Green was elected Treasurer by unanimous vote
.4. Motion «misimade to initiate proceeding to petition the state to take over road maintenance.
a. Commit up to $1.000.00 for such purpose
b. Vote was taken. Motion carried by unanimous vote.
5.. -Motion was 'Made to collect amount of $80.00 per lot for homeowner dues.
a.• Vote taken. Motion carried by unanimous vote.
b, Bank account to be set tip. (Harrington Bank was final selection.)
c. Monies collected to be used. for maintenance of the road and pay utility for light.
7
8
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GE
'. dome ersLssocxatio'n
E)rdif4 NC 2t 4j
6. .Comtn'unity picnic was set up fot May 17tH, with optional date for May 24U'.
7. Discussions about gash pickup were conducted':. I�To;;actioa taken.
it. Discussi,ons'vvere made to establish•:it;Ceii.iinuiri ty Waicli `
EL CatvStatm 'volunteered to contact f.% e`'sherff" Ps Department to find out costs, for
Qbtaiiiiiib a. sign, etc. acid rePgrt- UaOk,at a later date.
9 Motion was made to adjourn, by Mark Hannah.
a: Motion.was carried and meeting adjourned:;
t�
LAW OFFICES 9
COLEMAN, GLEDHILL, HARGRAVE & PEEK
A PROFESSIONAL CORPORATION
129 E TRYON STREET
P. O. DRAWER 1529
HILLSBOROUGH, NORTH CAROLINA 27278
919.732 -2196 FROM THE DESK OF
FAX 919- 732 -7997 GEOFFREY E. GLEDHILL
www.cpndh.com E -MAIL• gcoffrcyg1cdhi11 @cgandh.mtn
September 15, 2005
Karen Lincoln
Transportation Planner II
Orange County Planning Department
P.O. Box 8181
Hillsborough, NC 27278
Re: Bradford Ridge Subdivision
Dear Karen,
This letter is in response to your request for written
confirmation of the conversations Sean Borhanian and I have
had with you about Bradford Ridge Road, which was
originally approved as a private road for the above -
referenced subdivision in Bingham Township. According to
the information you provided, the members of the Bradford
Ridge subdivision homeowners'.association voted to offer
Bradford Ridge Road for dedication to the public. A plat
was thereafter recorded (in August of 2004 at Book 95, Page
187, in the Orange County Registry) that shows Bradford
Ridge Road as a 60 -foot public right -of -way (hereafter
Plat). The plat contains what purports to be a public
dedication, which is signed by Thomas L. Brown (not in a
representative capacity). Your correspondence states that
Mr. Brown is a lot owner in Bradford Ridge and was at the
time the plat was recorded the president of the subdivision
homeowners' association.
The homeowners (owners of the subdivision lots) were
authorized to dedicate Bradford Ridge Road to the public as
set forth in the language of the standard county- approved
recorded private road maintenance declaration for this
subdivision, which states that:
"The private road located within said property
may be dedicated to the public at the election of
a majority vote of the owners under the same
procedure used in Article 3 for the maintenance
;10
of said road. In that event, the owners and their
successors in title and interest to any of the
property described herein will remain responsible
for road maintenance as herein provided until
such time as the road dedicated is maintained by
the North Carolina Department of Transportation
or other governmental body.
Furthermore, the Plat maintains lot boundaries as in
the original subdivision, and continues to include the area
of the right -of -way of Bradford Ridge Road within
preexisting lot lines. The dedication of Bradford Ridge
Road to the public is not, therefore, a subdivision of land
because a subdivision is defined by statute, case law and
the Orange County Subdivision Regulations as a division of
a tract or parcel of land into two or more lots, building
sites or other divisions for the purpose of sale or
building development. In other words the dedication does
not require subdivision approval since it is not a division
of land, neither does it involve a sale of land or building
development.
The Board of County Commissioners is, of course,
authorized by statute to make a recommendation concerning
whether to add Bradford Ridge Road into the secondary road
- improvement.program. The general statutes concerning the
secondary road improvement program include the following
provision:
"The citizens
to present F
commissioners,
Department
additions to
roads.il
of the State shall have the right
etitions to the board of county
and through the -board to the
of Transportation, concerning
the system and- improvement of
The role of the Board of County Commissioners is, however,
limited by this Statute to an advisory one:
"The board of county commissioners shall receive
such petitions, forwarding them on to the Board
of Transportation with their recommendations."
1 N.C. Gen. Stat. § 136 -62.
11
The enclosed SR -2 Form provided by DOT requests in the
event of a recommendation by the BOCC,of inclusion of
the road into the State road system, that the Division
of Highways "review the above described road, and to
take over the road for maintenance if it meets
established standards and criteria.2"
All that remains, therefore, after the Board
makes a recommendation is for DOT to determine whether
to add Bradford Ridge Road to the secondary road plan
the next time the plan is being prepared and to
"report on action taken on such petitions to the
board of commissioners at the time of consultation."
With respect to DOT's determination, the citizens are
granted by statute a right to discuss their petition
with representatives of DOT that are in charge of the
preparation of the secondary road plan, including, in
turn, the division engineer, the Secretary of
Transportation and the Board of Transportation. DOT
also has the responsibility to determine, as it
determines whether or not to add a road to its system,
whether the dedication meets its requirements,
including whether the dedicated right -of -way is "free
of encumbrances."
Thus, the decision whether to add Bradford Ridge
Road to the secondary road system is in the hands of
DOT. The General Assembly has provided the Board of
County Commissioners with an advisory role with
respect to this decision.
Please let me know if you have any questions.
Enclosure
Sincerely,
COLEMAN., GLEDHILL, HARGRAVE & PEEK, P.C.
edhill
'- That is if the subdivision road meets the minimum density and
construction standards set by DOT. See 19A N.C.A.C. 02C .0100, et
seq. and .200, et seq.
Attachment 5
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
May 4, 2007
ORANGE-COUNTY
Mr. Craig Benedict, AICP
Planning Director, Orange County
P. O. Box 8181
Hillsborough, NC 27278
Subject: Request for Road Addition
Bradford Ridge Road
Bradford Ridge Subdivision
Mx. Benedict,
12
On December 15, 2004 this office forwarded the above road addition package to Orange
County for review by the Board of County Commissioners. At your request, I am writing
to verify that our Right of Way Branch has determined that the 60' pubic right of way as
platted and recorded in Plat Book 95 and Page 187 is satisfactory for the purpose of
addition of the road to the State Highway System. As all other NCDOT requirements for
addition have been met, I am recommending that this matter be presented to the Board of
County Commissioners and that the addition process proceed.
Feel free to contact me if you have any questions.
Sincerely,
C. N. Edwards Jr., PE
District Engineer
Cc: J. M. Mills, PE
R. D. Tuttle
P.O. Box 766 Graham, N.C. 27253 Telephone (336)- 570 -6833