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Over the last year, several of the nine counties in our region have made progress on updating their subdivision regulations to permit residential conservation development. Coordination between county and township is critical, as many aspects of conservation development projects are reviewed and approved under county subdivision regulations, even though the zoning code is based in the township. One of the aspects regulated by the County is the road system in a development project. And probably the most controversial road question is that of private roads: whether to allow them or not, and if they are allowed, with what standards.

The typical standard subdivision road is public, and many townships require that every lot in a subdivision must front on a public road. A public road must meet ODOT standards with a minimum design speed of 25 miles per hour. It is typically located on a right of way of 60 feet or more, and has setbacks of 50 feet or more beyond that, resulting in homes facing each other at least 160 feet apart.

This typical arrangement presents several problems for the subdivision designer who is attempting to conserve open space and have a minimal impact on the site. Higher design speeds mean larger curves, wider roads, and shallower slopes, resulting in substantially more grading on the site, and substantially more runoff. The large right of way/setback width contributes to suburban character by spreading out the development, and reduces the amount of land available on a property which can go into open space.

A private road, on the other hand, can be built at a much lower design speed, with corresponding narrower pavement widths, tighter curves, less grading, and smaller setbacks. Allowing lots to front on a private road results in more flexibility to group houses together and open up larger blocks of open space on the project. The overall impact of the road and development on such a project is greatly reduced from that of a typical subdivision, and more in keeping with rural character.

However, there are several important concerns about private roads which must be addressed if their use is to be successful. Often, private roads are built to lower standards than public roads, making them harder and more costly to maintain. The owner, usually a homeowners’ association, may not perform this proper maintenance, and if the road is allowed to deteriorate, may wind up petitioning to make the road public. A private road’s reduced design speed must be enforceable and appropriate for the level of traffic on the road. The road must allow access by emergency vehicles. Often, the utilities running along the road are also private, resulting in similar problems with maintenance.

The Countryside Program’s recommendation is to allow private roads, but to ensure that they are designed and built in accordance with conservative standards. In particular:

• Limit private roads to conservation development projects over a certain size, to ensure a strong homeowners’ association. Additional requirements for homeowners’ association strength are provided in our Resource Manual.
  
• Limit private roads to short cul-de-sacs and loops serving at most 20 homes. Collector streets should remain public. Smaller cul-de-sacs often do not require direct school bus access.
  
• Require private roads to be built to public road standards in cross-section, construction, and quality of materials. However, allow reduced setbacks, and reduced design speeds and corresponding reduced road geometry.
  
• Provide public utilities within the subdivision. Work with utility companies to ensure that an easement is provided for adequate service and access.
  
• Require that any private road under petition for transfer to public road ownership be brought up to public construction standards prior to transfer.
  
• During the process of setting standards, ensure that the requirements of public safety, road maintenance, and school transportation officials are met

Further recommendations are included in The Countryside Program’s Conservation Development Resource Manual. For more information, call Kirby Date, Countryside Program Coordinator, at 216-295-0511.