The URL can be used to link to this page

Home My WebLink AboutAgenda - 05-28-1996 - C5(a&b) r tA 143 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: MU 28, 1996 Action Agenda Item# (a$b) SUBJECT: PROPOSED SUBDIVISION REGULATION TEXT AMENDMENT SECTION III-C-4 and III-D-3-c ACTION SUBSEQUENT TO APPROVAL DEPARTMENT: Planning PUBLIC HEARING: _ Yes No BUDGET AMENDMENT REQUIRED: Yes—.X—No ATTACHMENT(S): INFORMATION CONTACT: Eddie Kirk Extension 2582 Proposed Amendment Plat Release Form TELEPHONE NUMBERS: ' Hillsborough - 732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To receive citizen comment on a proposed amendment to delete the requirement for a Planning Staff member to be present each time a final plat is recorded in the Register of Deeds Office. BACKGROUND: The Orange County Subdivision Regulations require subdivision plats be recorded in the presence of the Planning Department. The purpose of this provision is to insure that all required auxillary documents, such as Road Maintenance Agreements and Declaration of Restrictions are recorded with the plat. Compliance with this provision would require that a Planning Staff member accompany the applicant to the Register of Deeds Office each time a final plat is to be recorded. The Orange County Planning Staff and Register of Deeds office have developed a system that provides the Register of Deeds with a list of items to be recorded with the final plat. By providing this information the need for a Planning Staff member to be present is alleviated. This allows the Register of Deeds Office to know what documents must accompany the plat. 1 144 RECOMMENDATION: Section VII-D-3 of the Subdivision Regulations requires that proposed amendments to the text of the Subdivision Regulations be presented at a joint public hearing involving the Board of Commissioners and the Planning Board. It is at that time that the Planning Department's recommendation is presented. Planning Department Recommendation Provided that the Planning Board and the Board of Commissioners find in the affirmative, the Planning Department recommends approval of the proposed text amendment. No decision is made on the proposed amendments by either the Planning Board or Board of Commissioners at the public hearing. Instead, the Planning Board has 75 days within which to prepare and submit a recommendation to the Board of Commissioners. Failure of the Planning Board to submit a recommendation within the required time shall be considered a favorable recommendation. Administration Recommendation The Administration recommends that the proposed amendment be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than August 5, 1996 145 At PROPOSED ORDINANCE AMENDMENT [DST] REFERENCE: Subdivision Regulations Section III-C-4 Action Subsequent to Approval(minor subdivision) Section III-D-3-c Action Subsequent to Approval(major subdivision) ORIGIN OF AMENDMENT: X_Staff Planning Board BOCC Public Other: EXPECTED PUBLIC HEARING DATE: May 28, 1996 Purpose of Amendment: The proposed amendment will delete the requirement for a Planning Staff member to be present each time a final plat is recorded in the Register of Deeds Office. Impacts/Issues: The Subdivision Regulations require approved final plats for major and minor subdivisions to be recorded in the presence of the Planning Department to assure that all required documents associated with the Final Plat are recorded as well. This requires a Planning Staff member to go to the Register of Deeds Office each time a final plat is recorded. This process is time consuming for the Planning Staff member as well as the applicant and has not been the practice of the Planning Department. A system has been developed that provides the Register of Deeds with a list of items to be recorded with the final plat,thereby alleviating the need for a Planning Staff member to be present. When a final plat is released by the Planning Staff,the Staff fills out the plat release form and checks applicable items to be recorded with the final plat. The staff member also initials each document to be recorded. The applicant must present the plat release form, along with the required documents to the Register of Deeds Office in order for the plat to be recorded. After recordation,the Register of Deeds returns the list to the Planning Staff to provide evidence that all required items were recorded. The list is then placed in the project file. EXISTING AND PROPOSED ORDINANCE TEXT: III-C-4: Action SubseQuent to Ap=val (minor subdivision) 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 Officer 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 lib 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 done ia the pf-esease-of ate with the advice and consent of the Planning Department. III-C-3-c: Action Subseguent to Approval (major subdivision) If the application is approved or approved with conditions,the Planning Director or his/her designated representative shall endorse his/her approval on a reproducible mylar original of the Final Plat. The applicant shall record the Final Plat 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 Final Plat is void. The Planning Director may extend the time period,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 done irrftie pftsefiee of with the advice and consent of the Planning Department. Planning DepaFtment by W-00 a.m. fW be FeeeWed eft the same daY. Ordinance Review Committee: April 4, 1996 Planning Board: BOCC: c 147 PLANNING DEPARIW= RELEASE OF SUBDIVISION PLAT SUBDIVISION NAME PROPERTY OWNER This division is exempt from subdivision regulations and no auxiliary documents are required to be recorded. This division is subject to requirements of the Orange County Subdivision Regulations and the following auxiliary documents must be recorded with the plat: Declaration of Restrictions Road Maintenance Agreement Easement Agreement Conservation Easement Planning Staff authorized to release plat Date (original initials of the above-named staff should appear in the lower right-hand corner of each page of document)