42-109. Residential Private Road Standards by Road Classification

If not specified in Article III (Subdivision Regulations) Subpart D (Subdivision Road Standards Applicable to All Subdivision Types and Subtypes), the design and construction of private roads shall be reviewed using NCDOT standards and requirements which reflect local NCDOT District Engineer policy modifications.

Private roads shall: (1) Be designated based on the number of lots served (See Table 3.2); (2) be designed and constructed in accordance with the standards of this Article III (Subdivision Regulations) (see Table 3.3); and (3) be designed to provide, at all times, adequate and unobstructed access for emergency response.

General Use District
Road Classification Subdivision Collector Limited Local Subdivision Local Private Driveway Easement Alley
Number of Residential Lots Served 50+ 6 to 49 1-5 1-5 1-49

Private roads shall meet the minimum design and construction standards according to the following road classifications:

  1. Private Subdivision Collector Road. A “private subdivision collector road” shall be required where the road serves:
    1. 50 or more units (existing or proposed) within the proposed subdivision or as an aggregate of the proposed subdivision and any other development to which it connects,
    2. As a through-road connecting lots within a subdivision to more than one (1) public thoroughfare, or
    3. A nonresidential facility within a residential development, (i.e. clubhouse, golf course, etc.)
  2. Private Subdivision Local Road. A “private subdivision local road” shall be required where a private subdivision collector road is not required and a private subdivision limited local road is not permitted.
  3. Private Subdivision Limited Local Road. A “private subdivision limited local road” shall be permitted where the road serves:
    1. No more than five (5) lots or principal units.
    2. Only as a maintenance and/or emergency access (regardless of the number of lots it adjoins provided the road shall not be used to access lots and appropriate signage is provided).
  4. Private Driveway Easements. A private “driveway easement” shall be permitted where the driveway serves no more than five (5) lots (the lots served by the easement shall be identified on all plans and plats). Final plats must contain a note conveying maintenance responsibility of the easement to the homeowners’ utilizing it to access their property. The note shall state easement(s) must be maintained to allow clear passage for emergency response vehicles. Private driveway easements are not allowed in major major subdivisions unless 2/3 of lot owners (1 vote per owner(s), not one vote per lot) approves the request.
    1. Where private driveway easements are used, the surveyor or engineer shall place and execute the following certification on the plat with their seal and registration or license number.

I, ________________________________________, Professional Land Surveyor or Professional Engineer, certify that the lot(s) created by this plat is (are) served and accessed by a recorded driveway easement shown here on. This easement may or may not meet the standards for roads serving subdivisions in the Henderson County Land Development Code. Neither the undersigned nor Henderson County certifies whether this easement meets such standards. This the _________ day of ______, 20____.

________________________________ Professional Surveyor or Engineer

  1. Alley. An alley shall be permitted where the residential lot is also accessible by another public or private road and the alley serves as primary access for the future homeowner and for utility services (i.e. trash collection). Visitors to the residential lot will use the principal access road to the property.
  2. Center Line Curve Radius. The pavement width and stone base indicated in Table 3.3 shall be increased within the curve where the road centerline is less than a 90-foot radius. If the radius is 70 to 90 feet, increase pavement and stone base width by 25 percent. If the radius is 60 to 70 feet, increase the pavement and stone base width by 35 percent. If the radius is 50 to 60 feet, increase the pavement and stone base width by 45 percent. If the radius is 40 to 50 feet, increase the pavement and stone base width by 50 percent. No turn radius shall be less than 40 feet.