This article governs the standards that apply
to controlling access to specific roads.
Access to public roads and
streets in the County shall be limited to insure
that the congestion created by turning movements is reduced to an
absolute minimum and all developments shall meet
the following standards.
A.
All proposed residential sites/lots shall take direct access only to local streets wherever
possible.
B.
Sites/lots fronting
on local roads, major and minor collectors and arterial roads shall be discouraged from taking more than
one point of access. In instances where more than one access point
is proposed, the number shall be minimized by combining access points
whenever possible and shall be consistent with the traffic volumes
anticipated from the use. In all cases, new access
points shall be minimized to the extent practical and designed in
a manner to provide the orderly and systematic flow of traffic consistent
with the County Road Ordinance.[1]
C.
Residential strip development along
existing roadways shall be minimized and discouraged. Residential subdivisions having five or fewer lots per subdivision may have direct access to an existing County or state road. Any additional lots or access points shall have access from an internal
public or private road unless:
(1)
The Planning Commission finds that
the size, shape, topography, soil types, or other physical conditions
prevent internal access to all of the lots required
to have such access; or
(2)
In an AG or CS large-lot subdivision, the additional lots are at least 20 acres in area and have a frontage of at least 600 feet on a County or state road.
D.
Access to any residential lot may
be gained either by providing 35 feet of lot frontage or, where the property owner demonstrates eligibility
for and participation in the MALPF program, by recording an access easement, which is 35 feet in width, between the road and the newly created lot.
[Amended 12-17-2013 by Ord. No. 13-22]
A.
General prohibition. Public road facilities are subject to review and approval by the Department of Public Works in accordance with Chapter 23 of the County Code.
B.
Basic characteristics. A public road is required
if it provides direct frontage or access to eight or more lots or existing parcels of land.
A.
General prohibition. Private road facilities created
after November 1987 are subject to review and approval by the Department
of Public Works and may not be approved except as provided in this
section.
[Amended 12-17-2013 by Ord. No. 13-22]
B.
Basic characteristics. A private road may be allowed
only if:
[Amended 12-17-2013 by Ord. No. 13-22]
(1)
It is designed and constructed in accordance with Chapter 23 of the County Code and seven or fewer lots unless the Planning Commission approves greater than seven lots and existing parcels of land have direct frontage or
take access along the private road right-of-way;
or
(2)
It is permitted under one of the Master Plan districts and is designed in accordance with Chapter 23 of the County Code.
(3)
The Planning Commission may approve greater
than seven lots on a private road with the following conditions:
[Added 8-9-2011 by Ord. No. 11-14; amended 12-17-2013 by
Ord. No. 13-22]
(a)
The road is constructed to public road standards and meets any other requirements from the Department of
Public Works; and
(b)
Access for fire and emergency services is maintained; and
(c)
Public utility easements are provided; and
(d)
A connectivity to public roads will be maintained;
and
(e)
A favorable recommendation from the Department of Public Works
is provided; and
(f)
Other conditions that the Planning Commission may impose based upon specific site conditions
or other considerations
C.
When authorized. If a private road meets the requirements of Subsection B of this section, a private road may
be allowed by the Planning Commission if:
(1)
A private road will be likely to assist in producing
a superior quality of development; and
(2)
Covenants satisfactory to the Planning Commission are provided to assure the road will be so constructed
and maintained as to meet at least the standards herein required for
the road's construction and the safety of those using
the private road.
D.
Requirements.
(1)
In approving any private road that
it has found to be permissible under the provisions of this section,
the Planning Commission shall impose at a minimum
the requirements specified in this subsection.
(2)
Technical standards for the private road shall comply with the technical standards in Chapter 23 of the County Code.
(3)
Any approved private road shall be
clearly marked as a private road on the final subdivision plat.
(4)
The fact that the road is private
and not the responsibility of any agency or department
of the County shall be a part of the covenants.
(5)
The intersection of the private road with any County or state road or
highway shall be posted with a sign indicating that
the road is private and that public maintenance ends
at the intersection of the proposed private road and
the County or state road. Provision
shall be made in the covenants for the maintenance
of such signs and repair and replacement of the signs at the request of the County.
(6)
The covenants shall clearly state
that the County will not assume any portion of the
cost of upgrading private roads to public standards.
E.
Modifications; waivers. The requirements and conditions
as to private road approval in this section may be
modified or waived by the Planning Commission for
any subdivision of land in the erosion hazard
area, subject to § 18:1-65 of this Chapter 18:1. In this exercise of authority, the Planning Commission may place other conditions on private road approval,
as it deems appropriate.
Subdivision of lands may not
occur on private or other public roads that existed
or were created prior to November 1987 unless:
