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HomeMy WebLinkAboutORD-2001-026 Planning - Amendments to Orange County Subdivision Regulations Concerning Definitions and Approval Procedures for Minor Subdivisions Beverl :Bl. .he.- ordain subre s 9-18.doc Pa a 1 an ordinance amending the orange county subdivision regulations section II definitions and section 111-C approval procedures for minor subdivision the board of county commissioners of orange county ordains that the subdivision regulations are hereby amended as follows: (Bold print indicates language to be added. Strikethrough print indicates language to be deleted.) Section numbers in this document refer only to this document, and do not agree with regulation section numbers. section 1: clarify the definition of resultant lots in the subdivision regulations to include minimum lot sizes for all lots served by a private road or an access easement. the definition of subdivision in orange county subdivision regulations, section II definitions, is amended to read as follows: SUBDIVISION Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose of sale or building development (whether immediate or future) and includes all division of land involving the dedication of a new street or a change in existing streets, provided, however, the following are not included within the definition and are not subject to any regulations pursuant to this part: (1) The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the County as shown in its Subdivision Regulations including private road justification standards given in Section IV-B-3-d-1. Resultant lots, as referred to herein shall be deemed to equal standards of the Orange County Subdivision Regulations if the following standards are met: a. No conforming lot standard becomes non-conforming as a result of the recombination; and b. Any applicable impervious surface standards are met; and C. Access is provided to a public road, either direct, or by recorded easement; and d. A site suitable for sewage disposal is approved by the Orange County Health Department. Where soil is unsuitable for sewage disposal, or soil suitability is undetermined, a notice of restricted development potential shall be submitted and the lot(s) in question shall be so Beverly:Blythe- ordain_subregs.:.9-18.doc..::..:.:..:....................................................................................................................................................................Page.2. noted on the plat; and . e. No increase in the number of access points to a public street over the number currently existing; and f. Access is not shifted from a lower classified/volume street to a higher classified/volume street. (2) The division of land into parcels greater than 10 acres if no street right-of-way dedication is involved. (3) The public acquisition by purchase of strips of land for widening or opening streets. (4) The division of a tract in single ownership of the entire area of which is no greater than two acres into not more than three lots, if no street right-of-way dedication is involved and if the resultant lots are equal to or exceed the standards of the County as shown by its subdivision regulations. The surveyor and/or Planning Department shall also certify on the plat as required by GS 47-30(f)(11). section 2: amend the minor subdivision approval procedure to limit the time in which the mylar for an approved plat may be submitted for planning department endorsement. . orange county subdivision regulations, section III-C approval procedures for minor subdivision, is amended by adding the following paragraph to the beginning of section III-C-4 action subsequent to approval: III-C-4. Action Subsequent to Approval From the date of approval of a Final Plat, with or without conditions, by the Planning Department, the applicant shall have one (1) year in which to submit to the Planning Department for endorsement a reproducible mylar original of the Final Plat. The Planning Director or his/her authorized agent AW shall grant, upon written request from the applicant, an extension of this time limit to one- year from the original date of expiration. The Planning Director or his/her designated representative shall endorse approval on a reproducible mylar original of the Final Plat if the Planning Department approves an application either with or without conditions. The applicant shall record such plat and any associated documents necessary to assure conformance with regulations in the Office of the Register of Deeds within ninety (90) days after the Planning Director's endorsement of approval. If such plat is not recorded within the specified time period, the minor subdivision plat is void. The Planning Director may extend this deadline provided 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 for recordation within that period. All such plats shall conform to drawing specifications and certification requirements for Final Plats contained in Section V-D of this Ordinance. - Recordation of the approved final plat, and auxiliary documentation as required in the conditions of preliminary plat approval shall be with the advice and consent of the Planning Department. section 3:This ordinance shall become effective upon adoption. NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners that this Subdivision Regulation Ainendment is effective upon approval. U 0 motion of Commissioner 1�;.,-e-v _, seconded by Commissioner the foregoing ord-inanc�was adopted this the day of 1, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on 2001 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No.,fO of the minutes of said Board. WITNESS my hand and the seal of said County, this4?2�2day Clerk to th ard of Commissioners d. Clarified Amendments to Orang e County Private Road Subdivision Regulations: Section IV-B-3-d-1 and Appendix A Private Road Standards The Board considered proposed amendments to the Orange County Subdivision Regulations,; Section IV-B 3-d-1 Roads and Appendix A. Craig Benedict said that the original private road standard amendments go back over a year ago when there were 25 lots allowed on a dirt road. This was reduced to 12 lots and the changes have been finalized. Also, the minimum lot size for the area was suggested to be doubled in order to have a private road in a subdivision. It was brought up by Commissioner Jacobs to allow something less than double the minimum lot size if there was at least 50% open space. Craig Benedict clarified that three-lot subdivisions do not have to provide a private road justification, but they still have to go°through all of the other subdivision regulations to prove that a public road would not be more appropriate. The private road must still be built to a class B standard. Commissioner Jacobs made reference to page five at the top and read as follows: "Such subdivision of three or fewer lots may provide a private access easement for one adjacent lot... " He asked how the "may"works and if staff decides_ Craig Benedict said that the suggestion would be made by a developer and a property owner and staff would decide if it was a good idea. It is a voluntary situation. Commissioner Jacobs suggested saying, "Such subdivision of three or fewer lots would be encouraged to provide..:."so that it is clear that it is not a requirement.. Commissioner Jacobs asked about page seven, number seven and what would happen if the grade does exceed 9%. Craig Benedict said that 9% is quite steep and this is the provision presently in the code. The purpose is to handle erosion control on slopes because any slope higher than 9% would have erosion problems. Commissioner Jacobs said that it would be better to have a declarative statement that no private roads will be built at a grade greater than 9%. Craig Benedict made note of the suggestion. Any change in the wording would have to go to public hearing. A motion was made by Commissioner`Jacobs, seconded by Commissioner Brown to adopt the proposed clarified amendments to Orange County Private-Road>Subdivision Regulations: Section IV-B-3-d-1 and Appendix A Private Road Standards. VOTE: UNANIMOUS The Board decided'to postpone item 8-g. e. Appointments The Board was to consider appointments to the Economic Development Commission, Industrial Facilities and Pollution Control Financing Authority, and the Visitors Bureau of Chapel Hill and Orange County, but this item was delayed. 10. REPORTS - NONE 11. APPOINTMENTS NONE 12. MINUTES NONE 13. CLOSED SESSION A motion was made by Commissioner Gordon, seconded by Commissioner Carey to go into closed session "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5).