HomeMy WebLinkAboutAgenda - 10-03-2000-9hORANGE COUNTY
BOARD OF COUNTY COMMISSISONERS
AGENDA ITEM ABSTRACT
Meeting Date: October 3, 2000
Action Agend
Item No.
SUBJECT: Amendment to Oran a Coun Private Road Standards
DEPARTMENT: Planning and Inspections
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
1. Proposed Amendments to the Orange Cour~fy
Subdivision Regu/afions
2. Draft February 28, 2000 Public Hearing Minutes.
3. April 5, 2000 Planning Board Minutes.
4. May 4, 2000 Planning Board Minutes
5. Ordinance Amending Subdivision Regulations
6. Proposed Policy for Implementing Amendments
7. List of Minor Subdivisions Affected by Amendments
INFORMATION CONTACT:
Karen Lincoln Ext. 2594
Crai Benedict Ext. 2592
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane (336)227-2031
PURPOSE: To deade on proposed amendmentsto the Orange CourrlySubdivisior-,Regulations, regarding
private roads (Sec~on N$ 3 - d --1 and APPENDIX A ORANGE COUNTY PRNATE ROAD STANDARDS).
BACKGROUND:.
Request Orange County Administration and Planning staff propose changes to Section
N-B~-d-1 and Append'a A ORANGE COUNTY PRNATE ROAD STANDARDS to:
• clarify criteria for private road justification;
• reduce to 10 (from 25) the maximum number of lots allowed on a private road;
• delete the provision for a Class C Private Road; and
• require that a NC Professional Engineer approve the construction of the private
road in accordance with sound engineering practices (delete provision allowing a
Professional Surveyor to certify private road construction).
Location The amendments, if adopted, will apply to the entirety of Orange County lying outside
the municipalities and their extra-territorial jurisdictions and the Chapel Hill and Carrboro Joint
Planning Transition Areas.
Existing and Proposed Conditions
Existing: Section N$ 3 - d -1
• Seven .criteria "considered" for justification of private roads;
among those criteria,
• provision of "significantly greater" (than required by ordinance):
o lot sizes and building setbacks;
o dedication or preservation of recreation, open space containing significant sites;
o in a protected watershed, increased stream buffers ~ reduced impervious surface..
2
Existing and Proposed Conditions (cont.)
Existing: Appendix A. Private Road Standards
• 1 to 3 lots or du allowed on a Class C Private Road (8 ft. travelway).
• 4 to 9 lots or du allowed on a Class B Private Road (12 ft. travelway).
• 10 to 25 lots or du allowed on a Class A Private Road (18 ft. travelway).
• ~ 25 lots allowed on private road if road is built to NCDOT standards.
• Professional engineer or surveyor certification of road construction.
Proposed: Section N-B 3 - d -1
• Criterion 1.a (increased lot size) and at least two other criteria must be met to justify a
private road; no private road justification needed for minor subdivisions of 3 lots or less;
• minimum lot size: "
zoning district
min. lot size min. lot size for
rivate road
40,000 s . ft. or less 80,000 s . ft.
87,120 s . ft. 2 ac. 130,680 s . ft. 3 ac.
?87,120 s . ft. --flexible develo ment 87,120 sq. ft. (2 acres)
All other cases 5 acres
• building'setbacks (all districts) at least twice those required by Zoning Ordinance.
• 50% dedication of land if containing sites referenced in "An Inventory of Sites of
Portions of Orange County".
• within protected watersheds:
stream buffers increased 25%.
Impervious surface decreased by 15%.
Proposed: Anuendix A. Private Road Standards
• Class B Private Road (12 ft. travelway) required for 1
dwelling units.
• Class A Private Road (18 ft. travelway) required for 6-
dwelling units).
• No exception for X10 lots on private road.
• Professional engineer certification of road construction,
to 5 lots (Minor Subdivisions) or
to 10-lot .Major Subdivisions (or
Implications
Pros: • Long-term .reduced maintenance costs for citizens;
• Better planning for long-term development of property (discourages "piece-meal"
development);
• Investment in better infrastructure for future subdivision;
• Better response time for emergency access.
Cons: • Minor increases in costs for minor subdivision development;
Development Process. Schedule, and Action
• .Public Hearing February 28, 2000: Major comments:
o No flexibility for private roads to protect natural resources or rural character; and
o Cost of private road certification will increase for small subdividers.
The Board of County Commissioners referred the proposed amendments to the Planning Board
to return a recommendation no sooner than May 3, 2000.
• First Action: Planning Board Recommendation: The Planning Board considered
amendments and revisions based on comment from the February 28, 2000, Public Hearing and
recommended further revisions be made and brought back to the May 4, 2000, Planning Board
meeting:.
o Delete provision allowing exceptions for more than 10 lots on a private road;
o Firm language dealing with private road justification to more specific criteria; and
o Delete provision requiring paved private roads to meet NCDOT standards for paving.
May 4, 2000, the Planning Board voted five (5) to three (3) to approve the amendments. Board
members voting against the amendments cited their disapproval of the provision requiring
greater building setbacks in order to justify having a private road.
• Final Action: Board of Commissioners to consider amendments to the Orange County
Subdivision Regulations.
Pro osed Polic Re ardin In-Process Subdivision A lications Pro osin Private Roads
• Minor Subdivisions: Not required to comply with amendments if conditionally approved
by staff prior to June 6, 2000, (first date amendments could have been approved by the
BOCC) provided final plat complying .with conditions of approval is submitted for recordation
within one year of conditional approval.
• 33 (out of 60 in-process applications) not affected by amendments (no change in
requirements).
• 7 (out of 27 in-process minor subdivisions affected by amendments) allowed to develop
as approved with "old" regulations.
• Major Subdivisions: Must comply with amendments if preliminary plat approval was not
obtained prior to February 28, 2000 (date of public hearing).
• No in-process major subdivisions affected by proposed amendments.
Please review attachment starting on page 24, "Proposed Policy for Implementing Amendments"
and the attachment beginning on page 28 that lists in-process minor subdivisions.
FINANCIAL IMPACT: None.
RECOMMENDATION(S) Plannin Board Recommendation: Approval of the proposed
amendments as given in the attached document.
Administration Recommendation: Approval of the proposed amendments as given in the
attached document.
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Approved Mav 3. 2000
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
AND
ORANGE COUNTY PLANNING BOARD
February 28, 2000
11
The Orange County Board of Commissioners and the Orange County Planning Board met on Monday,
February 28, 2000 at 7:30 p.m. in the Judge Gordon F. Battle Courtroom in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners Margaret W.
Brown, Alice M. Gordon, Stephen H. Halkiotis, and Bany Jacobs
PLANNING BOARD MEMBERS PRESENT: Chair Karen Barrows and members Barry Katr, Howard
McAdams, Theresa Nicole Gooding-Ray, Onie Lea, Lynne Holtkamp, Runyon Woods, Rachel Preston, Leo
Allison, James Selkirk, and Robert Strayhom
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Planning Director Craig Benedict
and Clerk to the Board Beverly A. Blythe (all other staff members will be identified appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE
KEPT FOR 5 YEARS. ^'
A. OPENING REMARKS FROM THE CHAIR
Chair Carey welcomed everyone to the meeting. He said that Planning Board Chair Karen Barrows
would be introducing each item on the agenda.
B. PUBLIC CHARGE
Chair Carey dispensed with the reading of the public charge.
C. PUBLIC HEARING ITEMS
1. Orange Coun Subdivision Regulations Text Amendments
Planning Director Craig Benedict said that these .items have been proposed by the staff based
on Board of County Commissioners' goals and Planning Board discussions over the last six months. He said
that at every quarterly public hearing additional steps would be taken for the preparation of the County's
comprehensive plan by bringing forth regulations that go with the comprehensive plan. He said that tonight's
public hearing would address two general areas: subdivision regulations and transportation issues of the
comprehensive plan. He said that the staff is in the process of creating a unified land development code so
that all of the information about zoning, subdivisions, and economic development districts will be in one book.
a. Section III-B Classification of Subdivisions
b. Section III-D-1 Concept Plan Approval in all Zoning Districts Except the Rural Buffer.
c. Section III-D-2 Concept Plan Approval in the Rural Buffer.
d. (non-Vehicular Access).
e. Section II DEFINITIONS.
f.
Appendix A Orange County Private Road Standards
Craig Benedict made reference to private road standards and said that the staff is suggesting a
decrease in the amount of lots that are allowed on a private road from a 25-lot maximum to a 10-lot
maximum. He described the negative things that have occurred as a result of the 25-lot maximum regulation
for private roads.
Commissioner Gordon made reference to the Orange County private road standards and asked
what would happen to existing private roads if someone wanted to put a house on an existing lot or split the
lot into two lots.
Craig Benedict said that each of the subdivisions that have private road standards has
something in their homeowner's association documents that address additional lots being subdivided on the
road. In some cases, the cost is borne by the subdivision.
12
Geoffrey Gledhill said that the upgrade of the road is required to service the new subdivided lots.
Once the upgrade is done, then all of the lots in the subdivision are jointly responsible for maintaining the
road to the upgraded standard.
Commissioner Jacobs made reference to the 18-foot travel way and asked if that included the
swells or if it was just the actual road surface.
Craig Benedict said that 18 feet was just the actual road surface and that the impermeability that
comes forward from bath public and private roads still is counted as the entire roadway. After the swell goes
up to the 50-foot area, then there is a certain amount of impervious that would be counted in the remaining
50 feet.
Commissioner Jacobs asked if it was the same amount of shoulder that must be cleared
regardless of whether it is a public or private road.
Craig Benedict said that typically there is the surface course, afour-foot swell down and afour-
foot swelP up and then whatever can be preserved after that.
Commissioner Jacobs made reference to page i 3 and read the first paragraph which says,
"Private roads serving more than 10 lots or dwelling units may be permitted only if constructed to NCDOT
public road standards," and said that this contradicts everything which has gone before it.
Craig Benedict said that this statement could be deleted.
Commissioner Jacobs made reference to Class A versus Class B private roads and asked if the
staff has looked into the cost of hiring a professional engineer.
Craig Benedict said that the staff has checked into the costs for engineers and the determination
of one road over the other is negligible in cost because it is the engineer's time to go out and see if the road
meets the standards. He said that one of the most important things is if the County is going to continue to
have private roadways, the hazards of living on a private road should be reduced as much as possible by
having the road certified to the standards. He said that drainage is the key for private roads, and that is
where the biggest failing is.
Commissioner Jacobs said that DOT had set up a committee to work on subdivision standards
and he is concerned that the County is locking themselves in and not allowing any flexibility. He is
concerned that there would be no allowance if there were some significant natural resource or rural
characteristic of the property that might be enhanced by having a private road as opposed to a public road.
He questions eliminating flexibility in the concept plan amendments. Me would prefer that the plan be
presented for comment to the Planning Board and the County Commissioners before the staff makes a
ruling.
Craig Benedict said that some of the language could be changed to allow for some flexibility.
Commissioner Jacobs said that he would like to have incentives for people to da things the way
the County would want them to, not making it as a right, but a privilege.
Commissioner Brown asked if the Planning staff could specify the reasons for modifications of
the regulations.
Craig Benedict said that a checklist could be implemented and reviewed to be sure the private
road standards meet the goals of the Board of County Commissioners.
Commissioner Brown said that she would like the consumer, the one buying the lots, to be
protected by the quality of road that is being constructed. She asked for more information on the process of
getting an engineer to evaluate the road standards and Craig Benedict described this process.
Chair Carey asked if there were some procedural problems if the process for the concept plan is
changed and the County Commissioners approve the concept plan.
Geoffrey Gledhill said that it is not uncommon in administrative law to do this kind of process.
He thinks the objective of the Planning staff is to move non-advisory functions of the Planning Board to the
County Commissioners.
Chair Carey said that he feels that the Planning l3oard staff should review the project and not the
Board of County Commissioners.
Commissioner Gordan made reference to the private road justification and asked if there is
something along that line for existing roads. She said that this regulation could result in a loss of trees which
would not be the best thing for the County.
Craig Benedict said that he would work with the Attorney on language to address the issue for
existing roads.
Commissioner Malkibtis said that he fails to see anything wonderful about roads that are gravel
where everything is covered with dust. He asked if there was any County staff that could certify the roads as
meeting state standards.
Craig Benedict said that for private roads, there is not any qualified staff to certify the roads. We
said that DOT is now coming to the Development Review Committee on a biweekly basis to discuss the road
standards.
13
Chair Barrows made reference to the subdivision approval and said that it sounds like the
Planning Board is being eliminated at the concept stage, but would be brought in at the preliminary stage.
Craig Benedict said that the Planning Board would definitely be brought in at the preliminary
stage.
Chair Barrows said that it seems like the Planning staff is taking charge of the plans and that it is
a big change from the current process.
Commissioner Gordon said that if the intent is to make the standards so precise that it is a
matter of determination only, it could be a good thing.
Commissioner Jacobs said that if something is missed in the concept plan stage and the first
time that any policy maker sees it is at the preliminary level, it is too late. He would like to see apolicy-
minded body review the plan, either the Planning Board or Board of County Commissioners.
PUBLIC COMMENTS
Scott Radway said that he strongly supports going from two years to ten years for the minor
subdivisions. He made reference to the 50-foot right of way and said that right now with any roadway width,
if no curbs are used, 42 to 47 feet have already been used when everything is counted. He said that the 50-
foot envelope is pushed with the swell system. He made reference to the process of the plan approval and
said that the County should be really careful in the language for this process. He explained the buy right
process.
Geoffrey Gledhill said that he did not know whether this proposal would eliminate the buy right.
He said that right now the developer has the option of choosing either the flexible or the conventional plan.
Commissioner Brown said that it was her perspective that the hope was toga more and more
toward flexible design standards.
Bob Strayhorn said that he is concerned about the process of waiting another ten years to
subdivide. He asked if there was a list of people who have benefited from minor subdivisions and not
abused them.
Craig Benedict said that the minor subdivision process would still be available as long as it did
not exceed five lots in a ten-year period. He said that about 38% of the lots that are subdivided in Orange
County are minor subdivisions.
MOTION
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to refer the
proposed amendments to the Planning Board for a recommendation to be returned to the Board of
Commissioners no sooner than May 3, 2000.
VOTE: UNANIMOUS
14
1 ORANGE COUNTY PLANNII~TG BOARD
2 MINUTES
3 APRIL 5, 2000
4
5 MEMBERS PRESENT: Leo Allison (Chair), Karen Barrows, Nicole Gooding-Ray, Crauford
6 Goodwin, Barry Katz, Howard McAdams, Jr., Rachel Preston, James
7 Selkirk, Bob Strayhorn, and Runyon Woods
9 MEMBERS ABSENT: Lynne Holtkamp, Onie Lea (excused)
10
11 STAFF PRESENT: Craig N. Benedict (Planning Director), Planners Robert Davis and Eddie
12 Kirk, Christina Moon, Karen Lincoln, and Administrative Assistant
13 Joanna Bradshaw
14
15 AGENDA ITEM #1: CALL TO ORDER AND ROLL CALL
16 _
17 Chair Allison called the meeting to order.
18
19 AGENDA ITEM #2: CONSIDERATION OF ADDITIONS TO AGENDA
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There were no additions to the agenda.
AGENDA ITEM #3: APPROVAL OF MINUTES -March 1, 2000
MOTION: Strayhorn moved approval of the March 1, 2000 Orange County Planning Board
minutes. Seconded by Barrows.
a. Orange County Private Road Standards
Lincoln made the presentation. The proposal is to reduce the maximum number of lots allowed on private
roads. Currently, the maximum number of lots allowed on a private road is 25, and the staff would like to
reduce it to ten. There are three classifications of private roads -.Chas one to three lots, B .has four to
nine lots, and anything over ten is A. The staff is doing away with class C, and is proposing that class B
have one to five lots. The staff is also proposing to lower the travel way width from 12 feet to ten feet.
Class A would have six to ten lots and would be an 18-foot travel way. More than ten lots would be
allowed on the private road if some natural resource or rural characteristic was enhanced.
Barrows asked whom the developer would go to in order to contest the ruling. Lincoln said that the
developer would go to the boards.
Benedict said that the maximum number of lots on a private road has been addressed clearly in the rural
preservation standards. The approval process would be the same as it is currently. He said that after ten
lots on a private road, there would have to be some significant natural feature enhanced by the private
road to allow any additional lots.
Strayhorn said that he does not totally agree with making exceptions.
Lincoln read the list of exceptions for justifying a private road with more than 10 lots.
Allison also has a problem with making exceptions and reducing the travel way for a class B road.
15
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Barrows made reference to page 110 and the surface materials on a private road and asked why the paving
would make a difference if it was a private road.
The Board agreed that the portion about surface materials of private roads would be deleted.
MOTION: Strayhorn moved to extend the meeting past 10:30. Seconded by Katz.
voTE:
Unanimous.
The Board agreed to leave the class B private roads at 12 feet.
Gooding-Ray clarified that the right-of--way of the class B private roads would remain the same.
Barrows noted that the document had "significantly greater", and suggested that the document list
amounts. Benedict suggested having a sliding scale for these amounts.
,Gooding-Ray suggested asking the Planning staff to come back with all of the changes for the next
meeting.
The Board agreed to receive the changes from the Planning staff at the next meeting.
16
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4s
ORANGE COUNTY PLANNING BOARD
MINUTES
MAY 4, 2000
MEMBERS PRESENT: Leo Allison (Chair), Rachel Preston, Bob Strayhorn, Crauford
Goodwin, Karen Barrows, Howazd McAdams, James Selkirk,
Nicole Gooding-Ray
MEMBERS ABSENT: Runyon Woods, Barry Katz, Lynne Holtkamp; Onie Lee -all
excused
STAFF PRESENT: Planning Director Craig Benedict, Planners Robert Davis, Eddie
Kirk, and Jane Garrett, Tina Moon, and Administrative Assistant
Joanna Bradshaw
AGENDA ITEM #1: CALL TO ORDER AND ROLL CALL
Chair Allison called the meeting to order.
AGENDA ITEM #2: - CONSIDERATION OF ADDITIONS TO AGENDA
None.
AGENDA ITEM #3: APPROVAL OF MINUTES - Apri15, 2000
Barrows said that Lynne Holtkamp was absent from this meeting. The minutes indicated that she
was present. The correction was made.
Barrows clarified what she was trying to say on page 12, line 44 noting that she was asking who
the developers would go to if they wanted to contest the ruling by staff.
MOTION: Selkirk moved approval of the minutes forApril S, 2000 with the
corrections as stated above. Seconded by Strayhorn.
VOTE: Unanimous.
(These corrections have been made.)
AGENDA ITEM #9: MATTERS HEARD AT PUBLIC HEARING (FEBRUARY 28,
2000)
~ a. Orange County Private Road Standards
Karen Lincoln made the presentation. She said that the purpose of this item was for the board to
make its recommendations to the County Commissioners regarding proposed amendments to the
Orange County Subdivision Regulations concerning private roads. The amendments were
presented at public hearing in February and forwarded to the board. The Planning Boazd
reviewed them at its April meeting and made several comments and requested revisions. These
17
1 revisions have been made and incorporated into the proposed amendments. One of the changes
2 presented at the Boazd's April meeting was that there must be increased lot size and at least two
3 of the criteria must be met in order to justify a private road. The Board had asked staff to revise
4 language in the ordinance provisions concerning private road justification by making the criteria
5 more specific. Criteria 1.a, which requires significantly greater lot sizes and building setback
6 lines, now specifies minimum lot sizes of $0,000 square feet, three acres or five acres depending
7 on the minimum lot size of the zoning district with setbacks twice those required in each zoning
s district.
9
l0 Regarding the criteria that deals with significantly greater amounts of land of historical or
11 environmental significance, the language would be tightened to say, "At least fifty percent of the
12 site is to be dedicated and preserved through restrictive covenants as referenced in'An Inventory
13 of sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the
14 Unincorporated Portions of Orange County"'.
15
16 Regazding criteria that deals with significantly greater stream buffers and reduced impervious
17 surface for private road subdivisions located in a protected watershed, the amendments propose
18 the sixeam buffers to be increased by 25% and impervious surface decreased by 1 S%. Another
19 revision that has not been previously presented is that no private road justification would be
20 required for minor subdivisions with three or less lots.
21
22 Discussion ensued about the person who wants to subdivide on Lebanon Church Road.
23
24 Benedict said that a private access easement is acceptable to access the adjacent lot, and this
25 language could be added in the ordinance.
26
27 The board agreed to put the language about the private access easement into the ordinance.
28
29 Strayhorn would prefer that the setback requirements not be increased. Chair Allison agrees that
30 the setbacks should not be increased.
31
32 Barrows said that she hopes these proposed amendments make things clearer in regards to
33 private roads.
34
35 MOTION: .Gooding-Ray to accept the proposed amendments with the change
36 to the private road justification, and to add the language about
37 allowing the private access easement to access the adjacent lot.
38 Seconded by Selkirk.
39 The setback is still as recommended by the staff.
ao
41 VOTE: Ayes, S; Noes, 3 (McAdams, Selkirk, and Strayhorn -disagree
42 with setback increase)
43
44 Adjournment time being reached, the Chair asked for a motion to
45 extend the meeting to complete the agenda.
46
18
AN ORDINANCE AMENDING THE ORANGE COUNTY
SUBDIVISION REGULATIONS
SECTION IV-B-$-d-1. ROADS AND
APPENDIX A. ORANGE COUNTY PRIVATE ROAD STANDARDS
THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS:
ORANGE COUNTY SUBDIVISION REGULATIONS, SECTION IV-B-3-D-1. ROADS, BEGINNING ThIE
MIDDLE OF PAGE 30-a REGARDING JUSTIFICTION OF PRIVATE ROADS, IS AMENDEb AS FOLLOWS;
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 points 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) shalt
consider the following design features when determining whether to permit private roads
in subdivisions. 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 requirements, according to the following standards:
1) For zoning districts having a minimum lot size of 40,000 square
feet or less, all lots in the subdivision must be' at least 80,000
square feet.
2) For zoning districts having a minimum lot size or per dwelling 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 subdivisions.
3) For clustered subdivisions developed as flexible development
subdivisions preserving at least 33% of the land in open space,
in a zoning district having a minimum lot size or per dwelling
unit area requirement of 87,120 square feet (two acres) or
greater, all lots must be at least 87,120 square feet (two acres)
and the overall density of the subdivision must not exceed one
dwelling unit per 130,680 square feet (three acres).
19
4) For all other cases, all lots must be at least five acres.
5) Building 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
c. The preservation of site features which directly enhance the special
or unique cultural, historical, archaeological 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 (50%) of the site is to be dedicated and preserved
through restrictive covenants and contains recreation and/or open space
areas of significant botanical, wildlife, historic and/or archaeological sites as
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.
20
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.
21
ORANGE COUNTY SUBDIVISION REGULATIONS, APPENDIX A ORANGE COUNTY
PRIVATE ROAD STANDARDS, IS AMENDED AS FOLLOWS TO REDUCE THE NUMBER OF LOTS
ALLOWED ON A PRIVATE ROAD FROM 25 TO 1 O; TO DELETE THE PROVISION FOR A CLASS C
PRIVATE ROAD; AND TO DELETE THE PROVISION FOR PROFESSIONAL LAND SURVEYOR TO
CERTIFY ROAD CONSTRUCTION.
THE FOURTH AND FIFTH PARAGRAPHS IN THE SECTION TITLED GENERAL REQUIREMENTS ARE
AMENDED TO READ AS FOLLOWS:
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 1 to 5 lots or dwelling units, and a Class A road serves
6 to 10 lots or dwelling units. All Private Roads in a major (more than five 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 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 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.
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 must be certified to be within the platted
private road right-of--way by a North Carolina Registered Land Surveyor. 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 to happen, the subdivider or representative
must inform the professional making the certification prior to the start of construction and
at intervals during construction when inspections are needed so that they can be
scheduled.
ITEM 9 UNDER THE GENERAL SUBDIVISION APPROVAL AND PRIVATE ROAD
CONSTRUCTION SEQUENCE IS AMENDED TO READ AS FOLLOWS:
GENERAL SUBDIVISION APPROVAL AND PRIVATE ROAD CONSTRUCTION
SEQUENCE
9. Have a professional engineer and a registered land surveyor, respectively, provide
written certification to the Planning and Inspections Department that construction meets
the required standards and that the travelway is within the right-of way.
22
STANDARDS FOR PRIVATE ROADS, Certification of Construction SECTION IS AMENDED
TO READ 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 ar appropriate far 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
A registered land surveyor must certify in writing to the Planning, Department that
the travelway of the Private Road, either existing upgraded or newly constructed, is within.
the platted right-of--way .
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. 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;
3. ,the road is on the proper grade;
4. ditches are in place where necessary to provide adequate drainage, in accordance
with sound engineering practice;
5. needed storm pipes of proper size, materials and construction are in place and
energy dissipaters installed, in accordance with sound engineering practice;
6. all disturbed areas are properly stabilized;
7. the required road sign is in place;
8. an adequate turn-around is in place at the end of the road;
9. required vertical and horizontal clearance is provided; and
10. sight distance and construction at the intersection with a public road has been
approved by NCDOT.
THE FIRST PARAGRAPH OF STANDARDS FOR PRIVATE ROADS, Surface Materials,
REQUIRING THAT PAVED PRIVATE ROADS MEET NCDOT PAVING STANDARDS, 15 DELETED.
STANDARDS FOR PRIVATE ROADS, Minimum Curve Radius (SECOND PARAGRAPH, ITEM
4) IS AMENDED TO RE4D AS FOLLOWS:
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 subdivision regulations or was
approved as part of an earlier subdivision;
23
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-of. 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 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. Documentation 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.
AT THE REGULAR MEETING OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS HELD
ON OCTOBER 3, 2000, UPON MOTION BY ANI~
SECONDED BY ,THE FOREGOING DOCUMENT WAS ADOPTED.
AYES:
NAYS:
Beverly Blythe, Clerk to the Board of Commissioners Date
24
Proposed Policy fior Implementing Amendments
("Grandfathering" Affected Subdivision Applications)
The policy far determining which in-process applications are affected by the proposed
amendments can be as strict as requiring compliance with the amendments for all subdivisions
that have not yet received preliminary plat approval from the Board ofi Commissioners (for
major subdivisions) or the applicant has not yet submitted a final plat for recordation that
incorporates all conditions placed on approval of a minor subdivision. Because of the different
procedures and time frames for approving minor and major subdivisions; staff recommends
different policy for dealing with each type of subdivision.
Major Subdivisions
Staff recommends that compliance with the amendments be mandatory for all major
subdivisions in which private roads are proposed that have not yet received preliminary
plat approval by the Board of Commissioners.. This recommendation is based on policy
that approval of a preliminary plat by the governing body establishes a vested right to develop
accordingly. The proposed amendments do not affect any in-process major subdivisions
(there are no in-process concept plans nor preliminary plats for a major subdivision in which
private roads are proposed). All applicants proposing a major subdivision with private roads
will be advised of the proposed amendments at the concept plan stage.
Minor Subdivisions
For in-process minor subdivision applications, staff recommends a policy based on "options"
1 b, 1 c, 1 d and 2a in the tables on the following pages. The tables exhibit strategies for
determining whether a current application for development in which a private road is proposed
must comply with the proposed amendments to the Orange County Subdivision Regulations.
Using this policy,
in-process applications would not be required to comply with the proposed
amendments provided those applications were approved prior to June 6, 2000; (first
possible date for adoption of the amendments by the BOCC) and the final plat complying
with all conditions of approval is submitted for recordation within one year of the conditional
approval letter issued by staff, with the exception that
a new application must be submitted for minor subdivision applications
conditionally approved prior tv September 5, 1999, for which a final plat complying
with conditions for approval has not yet been submitted. Any such new applications
must comply with the amendments.
This policy is based on the shorter time frame in which minor subdivisions can be approved
with consideration to the following observations. Although staff apprised applicants of the
proposed amendments, staff was. unclear about when the county could require compliance
with regulations that had not yet been adopted, and several minor subdivision applications
were conditionally approved with current ("old") regulatory provisions after the public hearing.
Therefore, staff recommends the first possible date the amendments could have been adopted
(June 6, 2QOQ) as a "fail' cut off date of conditional approval provided the final plats are
submitted in a timely manner. Regulatory. provisions for major subdivisions limit the effective
time period of an approved preliminary plat to one year. Similarly, staff recommends that the
25
applicant be required to submit a new application for a minor subdivision when the applicant
fails to submit a final plat that complies with all conditions of approval within one year of
receiving the staff letter of conditional approval.
There are 60 in-process minor subdivision applications. Thirty-three (33) of those applications
would not be affected by the proposed amendments since the required type of road would
remain the same. Out of the 27 applications that would be affected by the proposed
amendments, the above recommended policy would allow seven (7) of those in-process
minor subdivisions to be completed using the current subdivision provisions and
standards for private roads. (All of those subdivisions were approved with conditions by staff
..prior to June 6, 2000, the 1•irst date the amendments could have been adopted by the BOCC.)
The seven minor subdivision applications allowed to proceed as conditionally approved under
the proposed policy are noted in the tables on pp 28 - 30 with a "/" beside the staff approval
date. Four (4) of those applications propose one or two new lots on an existing class B private
road. The resulting total number of lots accessing those class B roads varies from 6 to 7. If
required to comply with the new amendments, applicants must upgrade the roads to class A
private road standards. The other three (3) subdivision applications each propose to create a
total of three lots using a class C private road (two subdivisions propose new class C private
roads, one proposes to add one lot to an existing class C private road). If required to comply
with the new amendments, applicants must upgrade the roads to class B private road
standards.
Policy for Application Approval in Future Cases
In future situations where amendments are proposed that affect in-process minor subdivision
applications, staff recommends that
in-process applications not be required to comply with the proposed amendments if the
application received approval, or conditional approval, prior to the public hearing at
which proposed amendments are presented.
Applicants who submit proposals after the public hearing will be advised that staff will consider
the proposed amendments during review of those applications.
Staff recommends the above outlined policy for dealing with major subdivision applications.
Applicants have much pre-application interaction with planning staff, and staff apprises such
applicants of any known proposed amendments being developed as well as any
consequences of not incorporating proposed amendments into plans that may not receive
"vested" preliminary plat approval prior to adoption of any such amendments.
1 Staff also recommends that the Oran a Coun Subdivision Re ulations, Section III-3,
Approval Procedures for Minor Subdivision, be amended. to limit to one year the time allowed
from the conditional approval of a final plat application to the endorsement of the final plat
approval by the Planning Director. The amendment should also include an exception in cases
where the applicant can demonstrate a good faith effort to comply with the deadline, but for
reasons beyond his/her control, fails to meet the requirements within that period.
26
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