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Ordinance as Approved by BOCC
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An Ordinance Amending the Subdivision Regulations of Orange County
Be it ordained by the Board of Commissioners of the County of Orange, North
Carolina, that the Subdivision Regulations are hereby amended as follows:
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Section 1: Amend Section V-D to read as follows:
V-D Final Plat
The Final Plat shall be drawn in accordance with the requirements
of G.S. 47-30 as amended and to the specifications of this Section.
The plat shall be prepared by a Professional Land Surveyor at a
scale of not less than one hundred (100) feet to the inch nor more
than twenty (20) feet to the inch.
V-D-1 Plat Preparation
All Final Plats shall be prepared in accordance with the Manual of
Practice for Land Surveying in North Carolina as prepared by the
North Carolina State Board of Registration for Professional
Engineers and Land Surveyors.
V-D-2 Title Block
A title block shall be placed on the plat, which shall contain the
following information:
(a) The name of the subdivision, preceded by the words "Final Plat
of ", which shall not duplicate nor closely
approximate, phonetically or in spelling, the name of any other
subdivision in Orange County, and, where the plat at hand is
only part of a larger subdivision bearing the same name, the
unit or section number of other necessary identification;
(b) The graphic scale in feet per inch in words or figures and bar
graph; a north arrow accurately positioned and designated as
magnetic north, true north, North Carolina State Plane
Coordinate Grid System North or north referenced to a recorded
instrument with the recording reference shown; the date or
dates the survey was conducted; and any other pertinent
legend data;
(c( State, county and township location; tax map, Parent PIN, block
and lot number references; and deed book and page number
citations for the property being subdivided; and
Ordinance as Approved by BOCC
(d) The name and address of the owner(s) of the land being
subdivided; the name and address of the subdivider if other than
the owner; and the name and address, registration number and
seal of the land surveyor responsible for preparation of the plat.
V-D-3 Vicinity Map
A vicinity map showing the general location of the subdivision in
relation to the surrounding area shall be placed on the plat. The
vicinity map shall be drawn at a sufficient size to show the
relationship of the tract to the existing street or highway system
and readily recognized Orange County landmarks. The vicinity
map shall show the street names in addition to the SR
designations..
V-D-4 Existing Site Data
Information on existing conditions shall be shown as noted below.
V-D-4-a Boundary Lines
The location, distance and bearings for the boundary line of the
tract to be subdivided shall be shown on the plat. Areas not
designated as lots that will be under common ownership such as a
conservancy, public agency or similar entity or a homeowners'
association's ownership shall be appropriately labeled as tracts.
Locations of corporate limits or Extraterritorial Zoning Jurisdiction
(ETJ) Fines, township boundaries, and county lines shall also be
shown on the-plat as well as the names of owners and Parcel
Identification Numbers (PIN) of adjacent land. For adjacent land
that is platted, the subdivision plat name, plat book and page
number abutting the tract to be subdivided shall also be shown.
V-D-4-b Other Conditions
If any portion of the final plat includes land referenced in the
"Inventory of the Natural Areas and Wildlife Habitats of Orange
County, North. Carolina"it shall be shown on the plat. In addition,.
constructed features including houses, barns, sheds, railroads and
overhead utility lines shall be denoted. Cemeteries shall be shown
if designated either by a previously recorded instrument or if
disclosed to or found by the surveyor during the course of the
survey.
All street rights-of-way, which adjoin the boundaries of the tract
being subdivided, shall be shown with dashed lines and shall
denote the right-of--way location and width.
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Ordinance as Approved by BOCC
V-D-5 Subdivision Layout Data
The lot design plan shall be drawn and shall show the following
information:
V-D-5-a Lot Arrangement and Development Potential
The lot lines, Parent Parcel Identification Number, and lot and
block numbers of each lot shall be shown on the plat. Blocks shall
be consecutively numbered or lettered in alphabetical order and,
all lots in each block shall be consecutively numbered. Lot and
block numbers provided shall be in substantial compliance with
those shown on the approved Preliminary Plat.
The location and dimensions of all lot lines, all new easements and
any existing easements which are recorded or easements which
are visible and apparent reservations, and areas dedicated to
public or private use with notes stating their purposes shall be
shown on the Final Plat. Lots shown on the Final Plat shall be
substantially the same as those shown on the approved
Preliminary Plat.
Front, rear, and side yard setbacks that are greater than the
minimum setback requirements of the district in which the parcel is
located shall be designated with dashed lines on the individual lots
and labeled as `Minimum Setback'.
All lots which are of restricted development potential shall be noted
on the Final Plat with reference to a separate recorded instrument
which describes the restricted lot(s) by metes and bounds and
designates the lot as "Of restricted development potential because
of (specify condition), pursuant to Section IV-B-2 of the Orange
County Subdivision Regulations".
V-D-5-b Streets and Transportation S sty ems
The location, dimensions and classification (public or private) of all
streets, new easements or any existing easements which are
recorded or which are visible and apparent uses, alleys and other
public or private ways .shall be shown on the Final Plat, including
pedestrian and non-motorized vehicle easements. All streets
intended for future extension either within or beyond the
boundaries of the subdivision shall clearly be indicated on the
Final Plat by the words, "Subject to future extension". A No
Vehicular Access Easement (NVA) (aka Negative Access
Easement) 10 feet in width shall be designated, with a dashed line,
along the right-of-way of all lots and tracts where direct vehicular
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Ordinance as Approved by BOCC
access to a roadway is not approved.
Street names, including State road numbers if applicable, shall be
indicated on the Final Plat and shall not duplicate or approximate
the name of any other street in Orange County, or an adjacent
County if a similar street name is in use in the vicinity, except
where a street is the continuation or extension of an existing
street. All street names shall be approved through Land Records
office.
V-D-5-c Utility and Drainage Data
Amended
1/6/92 Construction plans shall be submitted to proper authorities, as
required, to document any new public or private community water
supply system, public or private community sewage disposal
system, and storm drainage facilities. Written approval and a set of
approved construction plans shall be submitted to the Planning
Department prior to approval of the Final Plat.
The location and purpose of all new easements for utility systems
shall be shown on the Final Plat, including, but not limited to,
sanitary sewers, septic tanks and nitrification fields, storm sewer
lines, water mains, gas, transmission mains and overhead electric,
telephone and CAN transmission mains, and any other above or
below ground utility systems which are contained within a
designated easement.
It is understood that utility distribution systems to individual lots for
gas, electric, telephone, and N cable service are customarily
covered by "blanket easements" or "general easements". If these
easements have been recorded, the recording data shall be shown
on the plat. Otherwise, these easements need not be denoted on
the plat.
*V-D-S-d Final Plat-Floodway and Watershed Data
*Amended
4/2/90 The boundaries of both the floodway and floodway fringe areas
shall be designated and labeled on the plat as required by the
Orange County Flood Damage Prevention Ordinance.
For subdivisions located within a water supply watershed of
regional and/or local importance, the following information shall be
shown on the Final Plat:
(a) The maximum impervious surface data as required by Articles
6.23, 6.24, and/or 6.25 of the Orange County Zoning Ordinance
shall be shown for each lot.
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Ordinance as Approved by BOCC
(b) Stream buffers as required by Articles 6.23, 6.24, and/or 6.25 of
the Orange County Zoning Ordinance shall be delineated with
widths noted on the Final Plat. Development restrictions within
the buffer shall be specified in a separate document to be
recorded concurrently with the Final Plat. The Deed Book and
Page reference shall be noted on the Final Plat.
(c) Storm water detention and/or retention sites and undisturbed
areas for infiltration purposes as required by Section IV-B-9-c of
this Ordinance and/or Articles 6.23, 6.24, and/or 6.25 of the
Orange County Zoning Ordinance shall be delineated and
labeled on the Final Plat. Any restrictions or requirements
associated with the detention/retention sites shall be specified in
a separate document to be recorded concurrently with the Final
Plat. The Deed Book and Page reference shall be noted on the
Final Plat.
V-D-5-e Landscaping and Buffer Data
Buffers widths and locations as required by Section IV-B-8-d of this
Ordinance or Article 12 of the Orange County Zoning Ordinance,
whichever is greater, shall be shown on the Final Plat and specified
in a separate document to be recorded concurrently with the Final
Plat. The Deed Book and Page reference shall be noted on the
Final Plat.
*V-D-5-f Protection of Natural And Cultural Resources
*Amended
9/4/90 Any areas identified in the "Inventory of the Natural Areas and
Wildlife Habitats of Orange County, North Carolina" shall be shown
on the Final Plat. A description of the resource, and the conditions
of subdivision approval, which assure its protection shall be
included in a document of describing development restriction to be
recorded concurrently with the plat.
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Ordinance as Approved by BOCC
V-D-6 Certificates and Endorsements to Appear on Final Plat
*V-D-6-a Certificates of Dedication and Maintenance
*Amended
1/6/92 The Final Plat shall be made by or prepared under the supervision
of a Professional Land Surveyor licensed to practice in the State of
North Carolina and shall contain a certificate as required by Section
47-30 of the General Statutes and prepared in substantially the
following form and acknowledged by a notary public:
(1) "I, ,certify that this plat was drawn under my
supervision from (an actual survey made under my
supervision) (deed description recorded in Book ,Page
etc.) (other); that the ratio of precision is 1:
;that the boundaries not surveyed are shown as
broken lines plotted from information found in Book ,
Page ;that this map was prepared in accordance with
G.S. 47-30 as amended. Witness my hand and seal this
day of , A.D., 19 "
(The surveyor shall also certify on the plat as required by
G.S. 47-30 (f) (11) as amended.)
Seal or Stamp
Surveyor Registration Number
*V-D-6-b Certificates of Dedication and Maintenance
(1) The following certificate shall be printed on the Final Plat and shall be
followed by the signature of the owner(s) of the property being subdivided
acknowledged by a notary public.
"The undersigned owner hereby certifies that the land shown
hereon is located within the subdivision-regulation jurisdiction of
Orange County and hereby freely dedicates all rights-of- way,
easements, streets, recreation areas, open spaces, common
areas, utilities and other improvements to public or private
common use as noted on this plat, and further assumes full
responsibility for the maintenance and control of said
improvements until they are accepted for maintenance and
control by an appropriate public body or by an incorporated
neighborhood or homeowners association or similar legal
entity."
Owner(s):
Date:
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Ordinance as Approved by BOCC
*Amended 10/16/90 (eff.12/3/90)
*(2) Where a Final Plat shows a private road, an instrument
substantially in the form of the County's Standard Road
Maintenance Agreement entitled, "DECLARATION OF
RESTRICTIONS AND PROVISIONS FOR PRIVATE ROAD
MAINTENANCE", shall be recorded contemporaneously with
the recordation of the approved Final Plat which guarantees
(a) right of access to any private road in the subdivision by
all lots served by the road and by law enforcement and
emergency vehicles, (b) right of access for the proposed
private road to a State or municipally maintained road by
way of direct access or other private roads, (c) perpetual
maintenance for any private road serving the subdivision at
the standards set for approval, and (d) provide record notice
of the probability that future development dependent on the
private roads for access will require upgrading of the roads
to a higher private road standard or public dedication and
upgrading of the road to North Carolina Department of
Transportation standards. This instrument shall also note
acceptance by the owner of all liability related to the use of
the road, and agreement to hold both the County and State
harmless from such liability, and acknowledge that some
public services may not be provided due to the private
nature of the road. The guarantees of right of access and
maintenance of the subdivision roads shall run with the land
and shall be disclosed to any prospective purchaser of land
in the subdivision as provided in North Carolina General
Statutes Chapter 136- 102.6. Upon recordation the Deed
Book and Page Number of the recorded document shall be
referenced on the Final Plat.
Owner(s):
Date:
(3) The following shall be printed on the final plat and shall be
followed by the signature of the County Manager:
"Orange County hereby accepts, for the use of the general
public, without maintenance responsibility, the offer of public
dedication of all public rights-of-way, public easements,
public streets, public recreation areas, public open space,
public utilities and other public improvements shown on this
plat."
County Manager: Date:
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Ordinance as Approved by BOCC
*V-D-6-c Certificates of Approval
*Amended
1/6/92 (1) A Final Plat for a minor subdivision shall show the. following
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form for Planning Department endorsement: I hereby certify
that the subdivision plat shown hereon has been found to
comply with the Orange County Subdivision Regulations,
provided that this plat shall be recorded within ninety (90)
days of final approval, approved by the Orange County
Planning Department on (Date)."
Planning Director or Authorized Agent Date
(2) A Final Plat for a major subdivision shall show the following
form for Planning Department endorsement: "I hereby certify
that the subdivision plat shown hereon has been found to
comply with the Orange County Subdivision Regulations.
Provided that this plat shall be recorded within ninety (90)
days of final approval, approved by the Orange County
Planning Department on (Date)."
Planning Director or Authorized Agent Date
(3) Where sewage disposal within all or a portion of a
subdivision is to be accomplished through the installation
and use of surface sewage disposal systems, the plat shall
show the following form for Orange County Health
Department endorsement:
"Soil and site evaluations have been conducted by the
Orange County Health Department, Environmental Health
Division, and unless otherwise noted, an area on each lot
has been tentatively designated for the installation and repair
of a wastewater system. This certification is not an
Improvement Permit or an approval for a septic system on
any of the lots. Subsequent changes to the lots may affect
the ability to obtain Improvement Permits andlor
Construction Authorizations.
Environmental Health Specialist Date
Ordinance as Approved by BOCC
(4) Where water and/or sewage disposal is to be provided by a
public orquasi-public entity the following statement shall be
certified by the person authorized to represent the service
provider:
"I hereby certify that the construction plans for the water
system and/or sewer system have been approved for
fName of Proiectl. The utilities have been constructed, or
secured via a Letter of Credit, to the (Service Providerl
standards.
[Authorized Signature] Date
jAttest Signature]
SEAL
Date
(5) a) Where a division of property is found to be exempt from.
the provision of this Ordinance as specified in the definition
of "subdivision" in Article 2, the plat shall show the following
statements for Planning Department endorsement:
"I hereby certify that the division of property shown and
described hereon is exempt from the Orange County
Subdivision Regulations by definition.
Planning Director:
Date:
b) Where a property is recombining property that includes
a vacant lot or an existing dwelling the following statement
shall be shown on the plat:
"The recombination of existing lots has been reviewed by the
Orange County Health Department, Environmental Health
Division. Based on available information, this proposal does
not appear to adversely affect the suitability of the lots for the
issuance of an improvement permit, nor the installation,
maintenance, or repair of an existing wastewater system.
This certification is not an Improvement Permit or an
approval for septic system on any of the lots. Subsequent
changes to the lots may affect the ability to obtain
Improvement Permits and/or Construction Authorizations."
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Ordinance as Approved by BOCC
(6) Where tots have been approved for recordation by either the
Orange County School System or the Chapel Hill/Carrboro
School System the following statement and endorsements
shall appear on the final plat:
I hereby certify that the lots shown on this plat have. been
approved by the School
System for recordation prior to jlnsert datel in accordance
with the Schools Adequate Public Facilities Ordinance.
Chair
Date
Secretary Attest Date
SEAL
All certificates and endorsement signatures on the Final Plat,
except those of the County Manager, Planning Board Chair,
Planning Director and Environmental Health Officer shall be
notarized by the statement of a Notary Public entered on the
Final Plat. The Notary Public statement shall be shown in
substantially the following form:
"North Carolina
County
I, a Notary Public of the County and State aforesaid, certify
that personally appeared before me this day
and acknowledged the execution of the foregoing certificate.
Witness my hand and seal this day of ,
19
"Seal or Stamp Notary Public
My Commission expires
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Ordinance as Approved by BOCC
V-D-7 Certificate of Improvements
(1) If the required improvements are completed prior to the
submission of the Final Plat, then one of the following
certificates shall be shown on the plat and followed by
-the County Manager's signature:
"The County Manager hereby certifies that all
improvements required by the Orange County
Subdivision Regulations have been installed as
specified by the approved Preliminary Plat for
Subdivision and that said improvements
comply with Orange County specifications."
County Manager: Date:
(2) If the required improvements are not completed prior to
the submission of the Final Plat and their completion is
not insured by regulations applicable to developments
financed by the U.S. Department of Housing and Urban
Development, the following certificate shall be recorded
followed by the County Manager's signature:
"The County Manager hereby certifies that (a) cash in
the amount of $ , or (b) an irrevocable letter of
credit by an approved institution and as approved by the
Orange County Attorney, has been posted with Orange
County guaranteeing that all improvements will be
installed as specified by the approved Preliminary Plat
for Subdivision. All required
improvements must be completed within three hundred
and .sixty-five (365) days hereof."
County Manager: Date:
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Ordinance as Approved by BOCC
Section 2
Section 3:
That this ordinance be placed in the file of published ordinances.
That this ordinance is effective. upon adoption.
NOW THEREFORE BE IT ORDAINED by the Board of Orange County
Commissioners that this, Ordinance entitled `An Ordinance Amending the
Subdivision Regulations of Orange County" is adopted.
Upon motion of Commissioner ,seconded by
Commissioner the foregoing Ordinance was
adopted this the ~ day of , 2004.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy
of s much of the proceedings of said Board at a meeting held on
2004 as relates in any .way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of s(a/id Board.
WITNESS my hand and the seal of said County, this Z ~ day of
2004.
~I~A;yHY ~~~k~e
eEf '~
S~L
a ~ ~ i«,, ~, ~,
~~: ~T
Clerk to the Board of Commissioners
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c. Motor Vehicle Property Tax Release/Refunds ~~~
The Board adopted a refund resolution, which is incorporated by reference, related to
190 requests for motor vehicle property tax releases or refunds in accordance with North
Carolina General Statutes.
d. Property Value Changes
The Board approved value changes made in property values after the 2003 Board of
Equalization and Review has adjourned in accordance with the resolution, which is incorporated
by reference.
e. Resolution Creating a Special Board of Equalization and Review
The Board approved a resolution, which is incorporated by reference, providing for the
appointment of a special board of equalization and review to carry out the statutory
responsibilities of ensuring that tax lists and tax records comply with the provisions of the North
Carolina Machinery Act; and established the recommended level of compensation for members
of the E&R Board; and. directed staff to recruit applicants for the E&R Board, with appointments
to be made at a future Commissioners' meeting.
f. Approval of Contract to Purchase Real Property -Hope Creek, Ltd.
The Board approved the contract to purchase a 1.1-acre tract along New Hope Creek
from Hope Creek, Limited to protect an important riparian corridor and potential future trail and
for the County Attorney and staff to negotiate any points in the contract other than the purchase
price, as necessary, with a closing expected to occur by February 28, 2004.
g Agreement for Groundwater Monitoring for the Orange County Landfill
The Board approved the contract extending the Solid Waste Department agreement with
Research and Analytical Laboratories, Inc. for ground water monitoring services at the Orange
County Landfill for three additional years through December 31, 2006 and authorized the Chair
to sign the Contract, subject to final review by staff and County Attorney.
h. Scheduling a Public Hearing on Orange County's 3-Year Solid Waste Plan Update
The Board scheduled a Public Hearing for February 17, 2004 to receive public
comments on the 3-Year Update of Orange County's Solid Waste Management Plan.
i. Telecommunications Towers Regulations Amendments
This item was removed and placed at the end of the consent agenda for separate
consideration.
L Subdivision Regulations Amendment: IV-B-3 Streets
The Board approved Planning Board and Administration recommendations, closed the
Public Hearing and approved the proposed amendments to the Orange County Subdivision
Regulation, IV-B-3 Streets, subsection IV-B-3-a.
k. Final Plat Requirements Amendments
The Board approved Planning Board and Administration recommendations, closed the
Public Hearing and approved the proposed new/revised certificates and endorsements that are
required to be on recorded plats of major subdivisions, minor subdivisions, and subdivisions not
subject to subdivision regulations.
I. Schools Class A Special Use Permit Amendments
This item was removed and placed at the end of the consent agenda for separate
consideration.
m. Library Services Task Force
The Board approved reconvening the members of the Library Services Task Force and
authorized its charge.
n. Grant Request from Duke Health Community Care Inc. to Assist in Purchase of
Emergency Generator
This item was removed and placed at the end of the consent agenda for separate
consideration.
o. Budget Amendment #8