The URL can be used to link to this page

Home My WebLink AboutORD-2000-036 Orange County Subdivision Text Amendments 3 Administration Recommendation An Ordinance Amending An Ordinance To Regulate The Subdivision Of Land in Orange County Section 1: (page 7—Subdivision Regulations) Classification of Subdivisions (1st exception) All subdivisions shall be considered major subdivisions except those defined as minor subdivision in this Section. A "minor subdivision" is defined as the division of a tract of land that does not: (1) Create more than five (5) lots, including the residual acreage, from any one- (1) tract of land in any twenty feUF (24) menth ten (10) year period. Section 2: (page 14 —Subdivision Regs) Planning Department Review Procedures Section III-D-1-e The Planning Department shall submit to the Planning Board its recommendation, including a written analysis of the Concept Plan; its general compliance with the requirements of this Ordinance, the Comprehensive Plan, and other applicable codes and ordinances; and,the comments of neighboring property owners expressed at the Neighborhood Information Meeting. The Planning Staff shall recommend to the Planning Board which Development Option Plan is recommended for eventual Preliminary Plan processing. The Planning Staff shall be allowed to defer the application and its recommendation for one (1) meeting beyond the Planning Board meeting at which the application is scheduled to be heard. Section 3: (page 14 & 14-a Subdivision Regulations) Planning Board Review and ADDroval Procedures (1 st, 2nd 3 rd paragraphs) After receiving the Planning Department's report or, if applicable, the expiration of the time period prescribed in Section III-D-1-b e, the Planning Board shall consider the Concept Plans, including both the Conventional Development Option and the Flexible Development Option, and take action on the proposals. The Planning Board shall base its action on its findings as to the conformity of the proposals with all applicable regulations and shall: Approve We one Development Options; or Approve " one Development Options subject to conditions;or Deny the Development Options. if the Planning l3ear-d appFeves the Deyelepment Optiens eitheF With eF With9l e9H&ieHr,, it Shall Feeemmend te the subdivideF WhiGh Develepment optien thatit eeRsidem 1`1196t GIPPMPFiate, based eR the ehaFaeteFisties ef the site, its suitability feF deyelepment, and the intent ef the Flexib! ient rztandaFds as spee.fied in Page I of 3 G:roberttlegalads/ORDNCE-BOCC/aprOO 4 Administration Recommendation Seetien IV 8 49 A. The Planning ' tuee-b+adg-en-the subdivideF. The Planning Board shall vote on whether the development should proceed as a Conventional Development Option or as a Flexible Development Option. If that vote approves the Development Option recommended by the Planning staff, the vote by the Planning Board is the final decision on whether the development proceeds as a Conventional Development Option or as a Flexible Development Option. If the Planning Board vote is other than one approving the Development Plan Option recommended by the Planning Staff, the application shall be forwarded to the Board of County Commissioners for a decision by the Board of County Commissioners on whether the development shall proceed as a Conventional Development Option or as a Flexible Development Option. If the Planning Board approves #ate a Development Options subject to conditions, such conditions shall be reasonable and shall seek to insure compliance with applicable regulations. If the Planning Board appFeyes with senditiens e denies both Development Options, the reasons for such decision shall be stated in,writing to the applicant and entered into the minutes of the meeting at which such action was taken. Section 4: (page 14-a— Subdivision Regulations) Action Subsequent to Approval Section Ili-D-1-g (1St, 2nd paragraphs) If a Concept Plan Development Options-aFe is approved or approved with conditions, the Planning Board Chair shall endorse the approval on #we (2) three (3) copies'of ea&the approved Development Option. Gne-(4) eepy Two (2) copies of the approved ear# Development Option shall be retained by the Planning Department, and one (1) copy shall be returned to the subdivider or his/her authorized agent. One copy of the unapproved Development Option shall be retained by the Planning Department for its files. The unapproved Development Option shall be stamped . "NOT APPROVED". Upon approval of the a Concept Plan Development Options by the Planning Board, the subdivider may then proceed with the preparation of a Preliminary Plan that is consistent with the approval Concept Plan. Section 5: (page 14d —Subdivision Regulations)Action Subsequent to Approval Section 111-D-2-d (1St paragraph) If the Concept Plan is approved or approved with conditions, the Planning Board Chair shall endorse the approval on twe (2) three (3) copies of the Concept Plan. The Planning Department for its files shall retain two copies and one copy shall be returned to the subdivider or his/her authorized agent. The Planning Department for its files shall retain at least one copy of any denied concept plan. Upon approval of the Concept Plan by the Planning Board, the subdivider may proceed with the preparation of the Preliminary Plat. The Planning Department for its files shall retain Page 2 of 3 G:robert11egatads/ORDNCE-BOCClaprd0 5 Administration Recommendation one copy of a denied Concept Plan. The denied Concept Plan shall be.stamped "NOT APPROVED". Section 6: (page 6 & 6-a) DEFINITIONS 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. Resultant lots, as referred to herein shall be deemed to equal standards of the Orange County/Subdivision Regulation 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 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. (Remaining part of definitions unchanged) Section 7: This "Ordinance Amending An Ordinance To Regulate The Subdivision of Land In Orange County, North Carolina" is effective upon its adoption. All major subdivisions that have received Concept Plan approval may be considered and approved pursuant to the Subdivision Regulations in effect prior to May 16, 2000, provided that all Concept Plan conditions of approval are met and provided all procedural (including time limits) and substantive re uirements of this Ordinance are meta / ?, Y4 d t-4 M,��4 ,signature) (Signature) Clerk, Board of County Commissioners Chair, Orange County Com issioners Date and Seal ., ; age 3 of 3 G:roberdlegalads/ORDNCE-BOCC/apr00