HomeMy WebLinkAboutAgenda - 05-01-2001-9dORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 1, 2001
Action ,Agenda ,
Item No. ~o~~
SUBJECT: Clarified Amendment to Oran a Coun Private Road Subdivision Re ulations
DEPARTMENT: Planning PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
1. Ordinance Amendments adopted
10-10-00
2. Ordinance Amending the Orange Courrty
Subdnnsion Regulafions
3. Sliding Scale Spreadsheet and Charts
4. Development of Sliding Scale
INFORMATION CONTACT:
Craig Benedict, ext. 2592
Karen Lincoln, ext. 2594
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Durham 688-7331
PURPOSE: To consider a single unresolved amendment to the Orange County Subdi~nsion
ReguFatbns (Section N-B -3-d--~1) regarding jusfification for a private road i~a include allowing a mining lot s¢e
of 60,000 sq. ft. for subdivisions that provide 50% open space (also known as Sliding Scale. Open
Spao~Cluster Provision).
BACKGROUND: The Orange County Board of County Commissioners, on October 10,
2000, adopted amendments to the Orange County Subdivision Regulations regarding private
roads. The Board included six items same which were addressed in the amended
regulations:
1) a declarative statement on page 18 as follows: "There is no right to a private road in any
subdivision larger than three lots."
2) Three-lot subdivisions would not require engineer certification;
3) Three-lot subdivisions can ask for aone-year extension for minor subdivision approval
after the one-year expiration;
4) The amendments will be reviewed in two years or less;
5) No more than 12 lots will be permitted on a private road; and
6) A sliding scale of lot sizes will be provided for subdivisions with at least 50% open space."
These items are acknowledged by the Board in the following three manners:
FOR INFORMATION ONLY
• Items 1, 2, 4, and 5 are included in the attached Ordinance Amending the Orange County
Subdivision Regulations, adopted October 10, 2000 (beginning on page 3.)
RETURN TO MAY 2001 PUBLIC HEARING
• Item 3 was not included in amendments presented at the public hearing in February 2000
therefore it could not be added at this time. As the minor plat time limit is presently
written, there is no limit, so the intent of the board to be more liberal than staff has
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suggested is still being considered in the interim. The motion suggested by the Board
lessens the time an applicant has to submit a final plat for Planning Department
endorsement. Staff will bring Item 3 to public hearing along with proposed wording for
item 6 that may need clarification.
FOR ACTION
• Item 6 is presented in the Ordinance Amending the Orange County Subdivision
Regulations that begins on page 14. The proposed ordinance language allows a 60,000
sq. ft. minimum lot size for cluster subdivisions with private roads that provide at least
50% open space instead of 80,000 sq. ft. and 33% open space. The 60,000 sq. ft. lot size
with 50% open space provides:
• benefits to the developer (less cost to build roads and extend utilities or utility
easements because the road-length to service .the cluster will be less than for larger
lots); and
benefits to the County through greater
disturbance, and less erosion potential.
preservation of open space, less land
The chart on page 19 demonstrates the benefits of the 60,000 sq. ft. lot with 50% open space
option over other possible outcomes using a sliding scale.
(Pages 20 -30 are included for information only. Pages 20-24 describe the method used to
develop a sliding scale. Pages 25--30 describe sliding scale options.)
This item was discussed with Commissioner Jacobs who was the primary proponent of this
provision along with Commissioner Gordon. Chairman Halkiotis directed administration and
the Planning Director to work through this Item 6 amendment which as submitted is
acceptable as noted in the recommendation.
FINANCIAL IMPACT: There is no immediate financial ~ impact associated with this
decision item.
RECOMMENDATION(S): The Administration recommends that the Board consider the
information and. approve item 6 (the amendment to the Orange County. Subdivision
Regulations to allow 60,000 sq. ft, lots on private roads within subdivisions providing at least
50% open space), or to direct staff to bring item 6 to the May 29,. 2001, Quarterly Public
Hearing along with the amendments specified in item 3.
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AN ORDINANCE AMENDING THE ORANGE COUNTY
SUBDIVISION REGULATIONS
SECTION IV-Bti3-d-1. ROADS AND
APPENDIX A. ORANGE COUNTY PRIVATE ROAD STANDARDS
ADOPTED OCTOBER 1 O, 2000
THE BOARD OF COUNTY COMMISSIONERS OF ORANGE GOUNTY ORDAINS THAT TWE SUBDIVISION
REGULATIONS ARE HEREBY AMENDED AS FOLLOWS:
(a#-r+l~q~ print indicates language deleted. Underlined print indicates amended
text. Bold print indicates revisions made by the Board at the meeting October 10,
2000, when the Board adopted these amendments.)
Section numbers in this document refer only to this document, and do not agree with
regulation section numbers or the order in which amendments were specified in the
motion approving amendments to the ordinance.
SECTION 1: THIS SECTION RELATES TO (TEM 1 OF THE BOARD'S MOTION. JUSTIFICATION FOR
PRIVATE ROADS. ORANGE COUNTY SUBDIVISION REGULATIONS, SECTION IV-B-3-D-1. ROADS IS
AMENDED AS FOLLOWS:
*IV-B-3-d-1. Roads
Public roads are generally required in all subdivisions and will be required where it is
found that:
1. The subdivision roads would be accepted by the State far maintenance if:
a. They are built in a manner which satisfies the minimum State
design and construction criteria for subdivision roads; and
b. 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 road.
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 road would clearly satisfy the density standard, but the
road design was such that the centerline radius did not meet the minimum
standard of 230 feet for level land, a new road design would be required.
Another example is a situation where a landscaped island or entrance
median prevents acceptance of the road for maintenance.
The above criteria and standards are identified in a publication,
Subdivision Roads-Minimum Construction Standards, prepared by and
available from the N.C. Department of Transportation; or
4
2. The subdivision roads extend existing roads which are public; or
3. The subdivision roads are part of a development which is located in an
area designated as Urban or Transition on the grange County
Comprehensive Plan; or
4. A proposed road is designated as an arterial or collector on an approved
Thoroughfare Plan for a municipality or in the Orange County
Comprehensive Plan;, or
5. The subdivisian roads are part of anon-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.
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A rivate road shall be deemed 'ustified for a minor subdivision resultin in no more than
three ,lots. In such subdivisions, a rivate access easement ma be ranted to allow an
adjacent_lot to access the private road in order to reduce the number of access points on
a ublic road. The intent of this rovision is to allow subdivision of arcels of sufficient
acrea a to meet zonin ordinance re uirements for minimum lot size or area er dwellin
unit where a rivate road would not otherwise be ermined because the subdivision
cannot com I with re uirement 1.a. as follows and where the subdivision would not meet
the density reauirement for a public road to be accepted into the state maintained system.
For anv other use of this provision, the final plat and a separate document to be recorded
with the final lot shall contain a statement that an further develo ment of an resultin
lots, including the parent tract, shall be processed as a mayor subdivision.
For all other subdivisions the Plannin Board and the Board of Coun Commissioners in
the case of ma'or subdivisions and Plannin staff in the case of minor subdivisions shall
consider the followin deli n features when determinin whether to ermit rivate roads.
There is no right to a private road in any subdivision larger than three lots. At a
minimum, a rivate road ma be "ustified if the subdivision meets standards of 1.a and at
least two other design features listed below:
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1. The location and desi n of the subdivision is such that it clean reserves
the rural character of the County through:
a. The provision of lot sizes and building setback lines significant)
reater than re uired b the under) in zonin district, includin an
oveaa district re uirements, accordin to the followin standards:
1 For zonin districts havin a minimum lot size of 40,000 s uare
feet or less, all lots in the subdivision must be at least 80,000
square feet.
2 For zonin districts havin a minimum lot size or er dwellin unit
area requirement of 87,120 square feet (two acres), all lots must
be at least 130,680 square feet (three acres) except _ for
subdivisions developed as flexible development subdivision_s_
3 For clustered subdivisions develo ed as flexible develo ment
subdivisions reservin at least 33% of the land in o en s ace,
in a zonin district havin a minimum lot size or er dwellin
unit area re uirement of 87,120 s uare feet two acres or
reater, all lots must be at least 87,120 s uare feet two acres
and the overall densi of the subdivision must not exceed one
dwellin unit er 130,680 s uare feet three acres .
- 4 For all other cases, all lots must be at least five acres.
5 Buildin setbacks in all districts must be at least twice those
required by Orange County Zoning Ordinance.
b. The retention and/or provision of landscaping and use of clustering of
dwelling units to screen the view of the subdivision from public roads,
maintain a wooded or forested character, maintain scenic views, or
preserve wildlife, botanical, historic, archaeological and/or recreation
sites; and/or
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c. The reservation of site features which direct) enhance the s ecial or
uni ue cultural, historical, archaeolo ical or biolo ical characteristics of
the immediate area as referenced in "An Invento of Sites of Cultural,
Historic, Recreational, Biolo ical, and Geolo ical Si nificance in the
Uninco rated Portions of Oran a Coun " or, for historic sites, if the
site is deemed eligible by the State Historic Preservation Office for
inclusion in the National Re ister of Historic Places.
2. The number, location and/or size of lots to be located in the subdivision
are such that, even if canstructed to State standards, the streets would
not be accepted by the State for maintenance due to density or other
State requirements.
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3. At least
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areas of significant botanica
of the site is to be dedicated and press
> and contains recreation and/or open s
if Cultu
in the t
4. In subdivisions to be located in a Protected Watershed as de
Orange County Comprehensive Plan, stream buffers are
finance and the i
decreased by fifteen percent (15%) to allow
water runoff to prevent the pollution of water su
logical sites as
Recreational,
ed Porkions of
si Hated in the
increased by
e 6.23 of the
ace allowed is
ation of storm
5. The site contains Ttopographic 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 same 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. Its length does not exceed
350', it serves no more than five (5) lots, its grade does not exceed 9%,
7
and the land being subdivided is not connected to or part of another
subdivision required to be served by public roads. '~ ^-~~"+'^.,, +~.,.
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The Declaration of Development Restrictions, prepared by the Planning Staff 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.
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.
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.
Compliance with one or more of the above standards does not insure approval of either
a public or private road within a proposed subdivision.
SECTION 2: PRIVATE ROAD STANDARDS. THE FOLLOWING SUBSECTIONS ARE AMENDMENTS TO
ORANGE COUNTY SUBDIVISION REGULATIONS, APPENDIX A ORANGE COUNTY
PRIVATE ROAD STANDARDS.
SECTION 2a: THIS SUBSECTION RELATES TO ITEM 2 OF THE BOARD'S MOTION. DI~LETE THE
PROVISION FOR PROFESSIONAL LAND SURVEYOR TO CERTIFY ROAD CONSTRUCTION; ADD
PROVISfON FOR PROFESSIONAL LAND SURVEYOR TO CERTIFY ROADWAY IS IN PLATTED R-O-W;
EXEMPT PRIVATE ROADS SERVING 3 OR FEWER LOTS FROM PROVISION REQUIRING ROAD
CONSTRUCTION CERTIFICATION. GENERAL SUBDIVISION AI~PROVAL AND PRIVATE
ROAD CONSTRUCTION SEQUENCE Is AMENDED To READ As FOLLOWS:
GENERAL SUBDIVISION APPROVAL AND PRIVATE ROAD CONSTRUCTION
SEQUENCE
1. Submit request for subdivision with a private road to Current Planning Division.
Check proposed road name with Planning Department list to avoid duplication.
2. Submit~erosion control plan for review if road construction will involve more than
20,000 square feet.
3. If necessary, apply for and obtain an NCDOT Driveway Permit.
4. Receive preliminary subdivision approval from the Planning Board.
5. Inform person inspecting and certifying construction that construction is to begin
6. Schedule pre-construction conference if disturbance involves more than 20,000
square feet.
7. Construct road to private road standards, or post security bond for construction
of the road.
8
8. Schedule inspections [with Planning Department staff and professional engineer
as construction progresses.
9. Have a professional engineer or registered land surveyor, respectively, provide
written certification to the Plannin and Ins actions De artment ~~ that
construction meets the required standards and that the travelway is within the
right-of-way ' ;provided
however, there is no requirement for written certification by a professional
engineer for a private road serving three or fewer cots.
10. Record final subdivision plat with Register of Deeds.
STANDARDS FOR PRIVATE ROADS, CertiflCatiOn Of COnStRJCtIOn SECTION IS AMENDED
TO RF_AD AS FOLLOWS:
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.
Certification of Construction
in writing to the Planning Department that
the travelwav of the Private Road. either existing upgraded or newly constructed, ~s witnm
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 far written certification by a professional
engineer for a private road serving three or fewer iota. The following must be
inspected and certified:
~-. ;
~1. the proper material has been used in the travelway and it is built to the required
width and thickness;
~.2. the shoulders are the correct width and the typical cross section is in place;
4.3. the road is on the proper grade;
~.4. ditches are in place where necessary to provide adequate drainage, in
accordance with sound en ineerin ractice;
~.5. needed storm pipes of proper size, materials and construction are in place and
r energy dissipaters installed, in accordance with soun_d_ ~ineering practice;
~. all disturbed areas are properly stabilized;
~.7. the required road sign is in place;
9
8.8. an adequate turn-around is in place at the end of the road;
a-9.9. required vertical and horizontal clearance is provided; and
X10. der sight distance and construction at the intersection with a public road has
been approved by NCDOT:
SECTION 2b: TWIS SUBSECTION RELATES TO ITEM 4 OF THE BOARQ'S MOTION. ADD PROVISION
FOR AMENDMENTS TO BE REVIEWED IN TWO YEARS OR LESS. SECTION ON PURPOSE IS
AMENDED BY ADDING A FOURTW PARAGRAPH TO READ AS FOLLOWS:
Purpose
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
County Staff, Planning Board and Commissioners may permit the use of private roads.
The County is concerned about the logical and safe extension of public roads
throughout the County and also notes that private roads cannot be served by school
buses and sometimes not by rescue squads and fire trucks. Therefore, the County will
only approve private roads where the "benefits" outweigh the negative aspects. Private
roads will never be approved simply to save money.
Private roads are a privilege, and not a right, and must be justified by the
particular lot arrangement and benefits provided by each development. It is hoped that
the following regulations and standards convey the sense that private roads can be
used, but only where they clearly meet the spirit as well as the letter of the criteria
contained herein.
The Board of County Commissioners amended Orange County Private
Road Standards October. 10, 2000. Planning staff shall track the use of private
roads in subdivisions, and will report on private road subdivisions to the Board
no later than October 10, 2002.
10
SECTION 2C: THIS SUBSECTION RELATES TO ITEM 5 OF' THE BOARD'S MO'T'ION. REDUCE THE
NUMBER OF LOTS ALLOWED ON A PRIVATE ROAD FROM 25 TO 12 AND DELETE THE PROVISION
FOR A CLASS C PRIVATE ROAD. THE FOURTH AND FIFTH PARAGRAPHS IN THE SECTION 711`LED
"GENERAL REQUIREMENTS" ARE AMENDED TO READ AS FOLLOWS:
General Requirements
Private Roads serve lots within subdivisions that do not have access to state-
maintained roads. Furthermore, Private Roads insure that all lots have documented
legal right-of--way and provide adequate access for residents and emergency vehicles.
Private Roads may be allowed in a subdivision where, in the judgment of the
Planning Board and with the approval of the Board of Commissioners, it is found that
the nature and location of the subdivision are such that a private road is justified. In
determining whether to permit Private Roads in subdivisions, the design features
contained in Article IV-B-3-d of the Subdivision Regulations will be considered. Note
that it is the responsibility of the applicant for subdivision approval to supply a written
statement justifying the reasons for Private Roads in the proposed subdivision.
Compliance with one or more of the standards contained in Article IV-B-3-d does not
assure approval of a Private Road within a proposed subdivision.
After approval of and initial construction of the Private Road, maintenance must
be provided by the property owners that use the road. A Road Maintenance Agreement
or Declaration between the lot owners is required to insure that the needed repairs are
made. 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.
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 B road serves 4 1
to ~ 5 lots or dwelling units; and a Class A road serves 6 to ~§ 12 lots or dwelling units.
. All ^'^'~^v{r 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 bounty in an
amount that would cover the cost of constructing the road. Class G B 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 G 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.
11
Criteria for Subdivision Private Roads
T e of Residential Subdivision Road
Class A Private Class B Private
Max, no. of lots 12 2 3 5
Ri ht-of-wa width 50 ft. 50 ft. 50 ft. 50 ft.
Travel-wa width 18 ft. No Standard 72 ft. 12 ft.
Professional engineer
road construction Yes No No Yes
certification re uired
Surveyor certification
roadway in platted Yes Yes Yes Yes
ri ht-of-wa .
Road Maintenance
A reement re uired Yes Yes Yes Yes
Maintenance Property owners Property Property Property owners
res onsibili owners owners
Private road construction must be inspected and the construction certified in
writing to the Orange County Planning Department by a North Carolina Professional
Engineer Also, the location of the
travelway within the right-of--way must be certified to be within the platted private road
right-of--way b a North Carolina Re istered Land Surve or. 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. In order for this fo happen, the subdivider or representative must inform the
professional making the certification prior to the start of construction and at intervals
during constructian when inspections are needed so that they can be scheduled.
Inspections by the Planning Department are made only to insure that the road is
built to the required dimensions; that the stone travelway is provided to the required
width; adequate drainage is provided; any disturbed areas are seeded and mulched to
establish permanent vegetation; and to see that the road sign is in place. The
subdivider is responsible for supervising construction and for quality control inspections
for clearing and grubbing of the right-af--way, compaction of fill, construction materials,
and so forth.. 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.
Bonds or letters of credit cannot be released or reduced until completion of the
road is certified. An'angements for payment between the subdivider and contractor are
not the responsibility of the Planning Department staff.
NOTE: Private road construction must also conform to the requirements of the Orange
County Erosion Control Ordinance. The ordinance requires that reasonable measures
be taken to keep sediment on the site of a land disturbance regardless of the amount of
area uncovered. When the amount of disturbance exceeds 20,000 square feet, the
property owner or agent is required to submit an erosion control plan and obtain a
12
grading permit befiore starting any timbering, clearing, or grading. Generally, permits
are required when a private road is more than 650 feet long, assuming the width of
disturbance averages 30 feet: Contact the Erosion Control Supervisor in the Planning
Department for assistance.
STANDARDS FOR PRIVATE ROADS, Minimum Curve Radius (SECOND PARAGRAPH,
ITEM 4) IS AMENDED TO READ AS FOLLOWS:
Minimum Curve Radius
New curves shall be constructed with a minimum centerline radius of 125'. The
right-of--way must be designed with bends that will provide sufficient width to construct
the road to this minimum radius. For example, a 90 bend in a 50' right-of-way will not
provide enough area to construct a road 18' wide. The right-of--way must include
sufficient width for the travelway and the necessary shoulders, ditches and slopes.
A curve radius of less than 125 feet may be approved if all of the following
conditions are met:
1. The road existed prior to the adoption of subdivisian regulations or was
approved as part of an earlier subdivision;
2. Reconstruction of the existing road to meet a 125' curve radius is not
feasible due to the extent of earthwork which would be required and/or the
inability to reconfigure the existing right-af--way location due to ownership or
the location of existing structures, wells or septic systems;
3. Standards pertaining to road width and grade will be met;
4. The subdivision can be approved with a o;es+~a Class B private road;
5. Documentation is received from the Erosion Control Division that the
proposed curve radius would provide for adequate vehicular access and
circulation;
6. Qocumentation is received from the Department of Emergency Services
stating that the proposed curve radius would, provide access for the largest
emergency vehicle, which would use the road.
PAGE A-18, DIAGRAM "CLASS `C' PRIVATE ROAD", IS DELETED.
13
SECTION 2d: DELETE REQUIREMENT THAT PAVED PRIVATE ROADS MEET NCDOT PAVING
STANDARDS. STANDARDS FOR PRIVATE ROADS, Surface Materials, IS AMENDED BY
DELETING THE FIRST PARAGRAPH.
Surface Materials
##iclr~e) Fr~eefa~
Acceptable material 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 accepted under the following conditions:
The material originates from a quany approved by the North Carolina
Department of Transportation.
The grade of the road is less than 8 percent.
Where the grade is greater than 8 percent a layer of crusher run stone will
be placed over the Chapel Hill Gravel befare compaction.
Sources of surface material shall be verified with the certifying professional
before placement.
SECTION 3: This ordinance shall become effective upon adoption .
AT TWE REGULAR MEETING OF THE ORANGE COUNTY BOARD OF COUNTY COMMI5SIONERS MELD
ON OCTOBER 10, 2000, UPON MOTION BY AND
SECONDED BY s THE FOREGOING DOCUMENT WAS ADOPTED.
AYES:
NAYS:
Beverly Blythe, Clerk to the Board of Commissioners
Date
14
AN ORDINANCE AMENDING THE ORANGE COUNTY
SUBDIVISION REGULATIONS
51=CTION IV-B-3-d-1. ROADS
THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS THAT THE SUBDIVISION
REGULATIONS ARE HEREBY AMENDED AS FOLLOWS:
print indicates language deleted.. Bold print indicates amended text.
These amendments relate to Item 6 of the Board's October 10, 2000, motion amending
the Orange County Subdivision Regulations.)
JUSTIFICATION FOR PRIVATE ROADS. ORANGE COUNTY SUBDIVISION REGULATIONS, SECTION IV-B-
3-D-1. ROADS IS AMENDED.AS FOLLOWS:
*IV-B-3-d-1. Roads
Public ,roads are generally required in all subdivisions and will be required where it is
found that:
1. The subdivision roads would be accepted by the State for maintenance if:
a. They are built in a manner which satisfies the minimum State
design and construction criteria for subdivision roads; and
b. 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 road. .
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 road would clearly satisfy the density standard, but the
road design was such that the centerline radius did not meet the minimum
-standard of 230 feet for level land, a new road design would be required.
Another example is a situation where a landscaped island or entrance
median prevents acceptance of the road for maintenance.
The above criteria and standards are identified in a publication,
Subdivision Roads-Minimum Construction Standards, prepared by and
available from the N.C. Department of Transportation; or
2. The subdivision roads extend existing roads which are public; or
3. The subdivision roads are part of a development which is located in an
area designated as Urban or Transition on the Orange County
Comprehensive Plan; or
4. A proposed road is designated as an arterial or collector on an approved
15
Thoroughfare. Plan for a municipality or in the Orange County
Comprehensive Plan; or
5. The subdivision roads. are part of anon-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.
A private road shall be deemed justified for a minor subdivision resulting in no more than
three lots. In such subdivisions, a private access easement may be granted to allow an
adjacent lot to access the private road in order to reduce the number of access paints on
a public road. The intent of this provision is to allow subdivision of parcels of sufficient
acreage to meet zoning ordinance requirements for minimum lot size or area per dwelling
unit where a private road would not otherwise be permitted because the subdivision
cannot comply with requirement 1.a. as follows and where the subdivision would not meet
the density requirement for a public road to be accepted into the state maintained system.
For any other use of this provision, the final plat and a separate document to be recorded
with the final plat shall contain a statement that any further development of any resulting
lots, including the parent tract, shall be processed as a major subdivision.
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 following design features when determining whether to permit private roads.
There is no right to a private road in any subdivision larger than three lots. At a minimum,
a private road may be justified if the subdivision meets standards of 1.a and at least two
other design features 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 setback lines significantly
greater than required by the underlying zoning district, including any
overlay district requirement , ..
With respect to lot sizes, the following shall be deemed as
significantly greater than required by the underlying zoning
district.
0
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16
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1. Conventional subdivisions
Zoning district min.lot Zoning district min. lot All other
IF S40,OOD sq. ft. = 8D,000 sq. ft. (1.84 ac) cases
= 87,120 sq. ft. (2 ac.)
Min. lot size for 80,000 sq. ft. 120,000 sq. ft. (2.75 ac.) 5 acres
THEN _
private road: 130,680 sq. ft. (3 ac.)
Building setbacks
Private road: Twice those re aired b Oran a Coun Zonin Ordinance
2. Cluster Subdivisions Including Flexible Development
IF Zoning district min.lot Zoning district min. lot
s 40,000 sq. ft. - 80,000 sq. ft. (1.84 ac.)
= 87,120 sq. ft. (2 ac.)
THEN % open space Min. lot size for private rd. Min. lot size for private rd.
33% - 4D% 80,000 sq. ft. 130,680 sq. ft. (3 ac.)
41 % - 50% 70,OOD s . ft.
Z 50% 60,000 s . ft. 60,000 s . ft.
Building setbacks for
Private road Twice those required by Orange County Zoning
Ordinance
b. The retention and/or provision of landscaping and use of clustering of
dwelling units to screen the view of the subdivision from public roads,
maintain a wooded or forested character, maintain scenic views, or
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, archaealogical or biological characteristics of
the immediate area as referenced in "An Inventory of Sites of Cultural,
' Historic, Recreational, Biological, and Geological Significance in the
Unincorporated .Portions of Orange County" or, 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 fifty percent (5l)%) of the site is to be dedicated and preserved
through restrictive covenants and cxantains recreation andlor open space
areas of significant botanical, wildlife, historic and/or archaeological sites as
17
referenced in "An Inventory of Sites of Cultural, Historic, Recreational,
Biological, and Geological Significance in the Unincorporated Portions of
Orange County"
4. In subdivisions to be located in a Protected Watershed as designated in the
Orange County Comprehensive Plan, stream buffers are increased by
twenty-five percent (25%) above those required by Article 6.23 of the
Orange County Zoning Ordinance and the impervious surface allowed is
decreased by fifteen percent (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. Its length does not exceed
350', it serves no more than five (5) lots, its grade does not exceed 9%,
and the land being subdivided is not connected to or part of another
subdivision required to be served by public roads.
The Declaration of Development Restrictions, prepared by the .Planning Staff 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.
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.
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.
Compliance with one or more of the above standards does not insure approval of either
a public or private road within a proposed subdivision.
1$
This ordinance shall become effective upon adoption .
AT TWE REGULAR MEETING OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS HELD
ON APRIL 17, 2001, UPON MOTION BY AND
SECONDED BY s THE FOREGOING DOCUMENT WA5 ADOPTED.
AYES:
NAYS:
Beverly Blythe, Clerk to the Board of Commissioners Date
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20
DEVELOPMENT OF SLIDING SCALE
A. Zoning .Districts with Minimum Lot Size = 40,000 Square Feet
Table A1. Minimum lot required for private road subdivision providing at least 33% open space.
Lot size is decreased by Area is The effective
increments of 2,352.94 sq. ft. based on a density or
and rounded to nearest whole 12-lot number of acres
number. 2,352.94 sq. ft. is the subdivision per each
difference between $0,000 sq. ft. (max. buildable lot is
(max. lot ,size) and 40,000 sq.ft. number of calculated by
(min. lot size) divided by the lots dividing the total
number of integral increments permitted acreage in the
between 33% and 50% with a subdivision by
private the number of
road). units allowed
A B C D E F
Starting with X = 80,000 sq. ft. at
33% open space, C = 12 ~" B D = A~`E E = C/(1-A) F = (E/12)
B = X minus, /43,560 sq.ft
(80,000 sq.ft.- 40,000 sq.ft.)
/(5D-33)
Min. lot size. Lots Open Total sq. ft. Acres/DU
open (sq. ft.) (sq. ft). space -
space (sq. ft.)
0.33 80,000 960,000 472,836 1,432,836 2.7
0.34 77,647 931,765 4$0,000 1,411,765 2.7
0.35 .75,294 903,529 486,516 1,390,045 2.7
0.36 72,941 875,294 492,353 1,367,647 2.6
0.37 70,5$$ 847,059 497,479 1,344,53$ 2.6
0.38 68,235 81.$,$24 501,$60 1,320,683 2.5
0.39 65,882 790,588 505,458 1,296,046 2.5
0.40 63,529 762,353 50$,235 1,270,5$$ 2.4
0.41 61,176 734,118 510,150 .1,244,267 2.4
0.42 58, 824 705, 882 511,156 1,217, 039 2.3
0.43 56,471 677,647 511,207 1,188,854 2.3
0.44 54,11$ 649,412 510,252 1,159,664 2.2
0.45 51, 765 621,176 508,235 1,129,412 2.2
0.46 49,412 592,941 505,098 1,09$,039 2.1
0.47 47,059. 564,706 500,777 1,065,483 2.0
0.48 44,706 53fi,471 495,204 1,031,674 2.0
0.49 42,353 508,235 488,304 996,540 1.9
0.50 40,000 480,000 480,000 960,000 . 1.$
The seventeen divisions in the preceding chart would be cumbersome to use. The following
chart simplifies the sliding scale into four increments for minimum lot size according to
percentage of preserved open space.
21
Table A2. Sliding scale using four increments for open space provision
Percentage range (33% - 50%) is
divided into 3 equal increments Lot size is decreased by increments of 13,333.33 sq. ft. and
rounded to nearest whale number. 13,333.33 sq. ft. is the
of 5.67 difference between 80,000 sq. ft. (max. lot size) and 40,000
sq. ft. (min. lot size) divided by 3 (the chosen number of
(50-33)/3 divisions between 33% and 50%)
A g
Starting with 50%, Starting with X = 80,000 sq. ft. at 33% open space,
B = X minus
(80,000 sq.ft.- 40,000 sq.ft.)
/3
open Min.
space Lot size
33.00 80,000
38.67 66,667
44.33 53,333
50.00 40,000
The following chart shows the progression from calculations of equal intervals to the
recommended open space requirement intervals to be used for the sliding scale.
Table A3. Formulation of open space percentages recommended for sliding scale
Equal
increments Minimum lot size
(sq. ft.)
(from Table A2.) Increments
rounded to whole
percents es Minimum lot size
(sq. ft.)
from Table A1.) Recommended
intervals
33..00 80,OD0 33.OD 80,000 33.00
38.67 66,667 39.00 65,882 40.00
44.33 53,333 44.00 54,118 45.00
50.00 40,000 50.00 40,000 50.00
Table A4. Formulation of recommended sliding chart
Open
Space Minimum lot size
(sq. ft.)
(from Chart A1.) Min. lot size
(rounded sq. ft.)
33.00 80,000 80,000
40.00 63,529 64,000
45.00 51,765 52,000
50.00 40,000 40,000
22
B. Zoning Districts with Maximum Density of 1 Dwelling Unit per 2 Acres
Table B1. Minimum lot required for private road subdivision providing at least 33% open space.
Lot size is decreased by Area is The effective
increments of 5,124.71 sq. ft. based on a density or
and rounded to nearest whole 12-lot number of acres
number. 5;124.71 sq..ft. is the subdivision per each
difference between 3 acres (max. buildable lot is
(max. lot size) and 1 acre (min. number of calculated by
lot size) divided by the number of lots dividing the total
integral increments between permitted acreage in the
33% and 50% with a subdivision by
private the .number of
road). units allowed.
A B C D E F
Starting with X = 130,680 sq. ft.
at 33% open space, C = 12 ~` B D = A*E E = C/(1-A) F = (E/12)
B = X minus /43,560 sq.ft
(130,680 sq.ft.- 42,560 sq.ft.)
/(50-33)
Min. lot size Lots Open Total sq. ft. Acres/DU
open (sq. ft.) (sq. ft). space
space (sq. ft.
0.33 130,680 1,.568,160 772,377 2,340,537 4.5
0.34 125,555 1,506,664 .776,'160 2,282,824 4.4
0.35 120,431 1,445,167 778,167 2,223, 334 4.3
-0.36 115,306 1,383,671 778,315 2,161,985 4.1
0.37 110,181 1,322,174 776,515 2,098,689 4.0
0.38 105,05'6 1,260,678 772,673 2,033,351 3.9
0.39 99,932 1,199,181 766,690 1,965,871 3.8
0.40 94,807 1;137,685 758,456 1,896,141 3.6
0.41 89,682 1,076,1$$ 747,860 1,824,048 3.5
0.42 84,558 1,014,692 734,777 1,749,469 3.3
0.43 79,433 953,195 719,077 1,672,272 3.2
0.44 74,308 891,699 700,621 .1,592,319 3.0
0.45 ~ 69,184 830,202 679,256 1,509,459 2.9
0.46 64,059 768,706 654,824 1,423,529 2.7
0.47 58,934 707,209 627,148 1,334,357 2.6
0.48 53,809 645,713 596,043 1,241,756 2.4
0.49 48,6$5 584,216 561,306 1,145,522 2.2
0.50 43,560 522,720 522,720 1,045,440 2.0
The seventeen divisions in the preceding chart would be cumbersome to use. The following
chart simplifies the sliding scale into four increments for minimum lot size according to
percentage of preserved open space.
23
Table B2. Sliding scale using four increments for open space provision.
Percentage range (33% - 50%) is Lot size is decreased by increments of 29,040 sq. ft.
divided into 3 equal increments and rounded to nearest whole number. 29,040 sq. ft.
Of 5.67 is the difference between 3 acres (max. lot size) and 1
. acre (min. lot size) divided by 3 (the chosen number of
(50-33)/3 increments between 33% and 50%).
A B
Starting with 33%,
X=A+5.67 Starting with X = 130,680 sq. ft. at 33% open space,
6=Xminus
(130,680 sq.ft.- 43,560 sq.ft.) /3
open Min.
space Lot size
33.00 130,680
38.67 101,640
44.33 72,600
50.00 43;560
A fifth increment is added to permit 40,000 sq. ft. lots with the provision of 54% ar greater open
space. (Forty-thousand sq. ft. is the smallest lot allowed by the zoning ordinance for areas
without water and sewer service. Public roads are required for subdivisions within transition
areas, areas in the county where water and sewer service is available or may be extended.)
A subdivision with 50% open space can be accommodated on the least amount of land
required fora 12-lot subdivision using the sliding scale because the overall density of the
zoning district must be maintained. If smaller lots than allowed by the overall density
requirement (1 DU/2acres) are permitted (i.e. 40,000 sq. ft. lots), more than 50% of the
acreage must be preserved in open space in order to maintain zoning density requirements.
Therefore, a 40,000 sq. ft. lot would still require 2acres of land per buildable lot with 54% of
the total acreage preserved in open space. 40,000 sq. ft. = 46% of the required 87,120 sq. ft.
(40,000/87,120 =.4591 or 45.91 %); required open space = 54% or (100%~6%). However,
40,000 sq. ft. lots may be allowed with any open space requirement greater than 54%.
The following Tables B3. and B4. show the progression from calculations of equal increments
to the recommended open space requirement intervals used for the sliding scale.
Table B3. Formulation of open space percentages recommended for sliding scale
Equal
increments Minimum lot size
(sq. ft.)
(from Table B2.) Increments
rounded to nearest
whole percentages Minimum lot size
(sq. ft.)
(from Table 61.)
Recommended
increments
33.00 130,680 33.00 130,680 33.00
38.67 101,640 39.00 99,932 40.00
44.33 72,600 44.00 74,308 45.00
50.00 43,560 50.00 43,560 50.00
55.67 40,000'` 56.00 40,000 55.00
24
Table B4. Formulation of recommended sliding chart.
Open
Space Minimum lot size
(sq. ft.)
(from Table B1.) Min. lot size
(rounded sq. ft.)
33.00 130,680 130,680
40.00 94,807 94,800
45.00 69,184 69,180
50.00 43,560 43,560
55.00 40,000 40,000
25
SPREADSHEETS AND CHARTS
The following charts demonstrate application of the sliding scale from two perspectives: 1. as
applied to a 12-lot subdivision; and 2. as applied to the same acreage. Charts 1-A and 2-A
pertain to zoning districts in which the minimum lot size is 40,000 sq. ft.; Charts 1-B and 2-B
pertain to zoning districts or overlay districts in which the maximum density is 1 dwelling unit
per 2 acres.
1. Chart 1-A exhibits haw the sliding scale applies to 12-lot subdivisions, the largest
subdivisions that could use the sliding scale, where the minimum lot size is 40,000 sq. ft.
(The maximum number of lots permitted in a subdivision using private roads is twelve_1
Table used to produce Chart 1-A
A B C
C = 12 * B
(C/43560) D
D = A*E
(D/43560) E
E = C/(1-A)
(E/43560)
open
space Min.
Lot size
(sq. ft.)
Lots
(sq. ft.)
Lots
(acres)
Open
Space Open
Space
(acres)
Total
(sq. ft.)
Total
(acres)
- 33 80,000 960,000 22.04 472,836 10.85 1,432,836 32.89
40 64,000 768,000 17.63 512,000 11:75 1,280,000 29.38
45 52,000 624,000 14.33 510,545 11.72 1,134,545 26.05
50 40,000 480,0.00 11.02 480,000 11.02 960,000 22.04
2. Chart 2-A exhibits how the sliding scale applies to a 24-acre tract of land where the
minumum lot size is 40,000 sq. ft.. The minimum amount of land required for. a 12-lot
subdivision, using the sliding scale; is the acreage required for 1-acre lots with 50% open
space (24 acres). Application of the sliding scale (for a subdivision with 1-acre lots) to a
tract of land larger than 24 acres would create a subdivision having either more than twelve
lots or greater than 50% open space and would not be a true comparison of the given
options.
Table. used to produce Chart 2-A. _
A B C D E F G H
C= [(1-A)*D]/B D= C F= G= H= (BAD)
Rounded E(43,560 (A*E) / 43,560
down to sq.ft./acre) sq.ft./acre
whole no.
Minimum. lot Number of Lots No. of Lots Total Total Open Lots
Open size acres Area space (acres)
Space (sq. ft.) (sq. ft.) (acres)
0.33 80,000 8.03 8 22.OD 958,320 7.26 14.74
0.40 64,000 8.98 9 22.00 958,320 8.$0 13.20
0.45 52,000 10.14 10 22.00 958,320 9.90 12.10
0.50 40,000 11.98 12 22.00 958,320 11.00 11.00
26
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3. Chart 1-B exhibits how the sliding scale applies to 12-lot subdivisions where the maximum
allowable density is one dwelling unit per two acres. (The maximum number of lots
permitted in a subdivision using private roads is twelve.)
Table used to produce Chart 1-B
A B C
C = 12 * B
(C/43560) D
D = A*E
(D/43560) E
E = C/(1-A)
(E/43560)
open
space Min.
Lot size
(sq. ft.)
Lots
(sq. ft.)
Lats
(acres)
,Open
Space Open
Space
(acres)
Total
(sq. ft.)
Total
(acres)
33 130,680 1,568;160 36.00 772,377 17.73 2,340,537 53.73
40 94,807 1,137,600 26.12 758,400 17.41 1,896,000 43.53
45 69,184 830,160 19,06 679,222 15.59 1,509,382 34.65
50 43,560 522,720 12.00 522,720 12.00 1,045,440 24.00
55 40,000 480,000 11.02 586,667 13.47 1,066,667 24.49
4. Chart 2~B exhibits how the sliding scale applies to a 24-acre tract of land. The minimum
amount of land required fora 12-lot subdivision, using the sliding scale, is the acreage
required for 1-acre lots with 50% open space (24 acres). Application of the sliding scale
(for a subdivision with 1-acre lots) to a tract of land larger than 24 acres would create a
subdivision having either more than twelve lots or greater than 50% open space and would
not be a true comparison of the given options.
Table u sed to produce Chart 2-B.
A B C D E F G H
Rounded E(43,560 (A'`E) / 43,560
down to sq.ft./acre) sq.ft./acre
whole no.
Minimum lot Number of Lots No. of Lots Total Total ~ Open Lots
Open size acres Area space (acres)
Space (sq. ft.) ' (sq. ft.) (acres)
0.33 130,680 5.36 5 24.00 1,045,440 7.92 16.08
0.40 94,800 6.62 6 24.00 1,045,440 9.60 14.40
0.45 69,1$0 8.31 8 24.00 1,045,440 10.80 13.20
0.50 43,560 12.00 12 24.00 1,045,440 12.00 12.00
0.55 40,000 11.76 11 24.00 1,p45,440 12.96 11.04
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