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HomeMy WebLinkAboutAgenda - 11-27-1978 � M i AGENDA ORANGE COUNTY BOARD OF COMMISSIONERS SUPERIOR COURT ROOM, COUNTY COURTHOUSE HILLSBOROUGH, NORTH CAROLINA MONDAY, NOVEMBER 27, 1978 7:30 P.M. 1. Does an Board member desire to add additional items to this agenda? 2. A Poblir hearing to consider a petition to rezone from residential to Z neral commercial 1=& acres of land owned by Raymond Williams. 3. The Board of Commissioners will discuss amendments to the county subdivision ordinance recommended by the Planning Board. No action on then amendments (approval or rejection) will be taken at this meeting. 790 The following changes to the Orange County Subdivision Rcoulations were considered at the .[ay 30 Public Hearing and have been recommended by the Orange County Planning Board for adoption. page 1 Purpose; Authority, Jurisdiction 1. Section I-D (Proposed new section): Private Property Rights This Ordinance, all material included herein by reference and all material used for the administration of-this Ordinance, do not take any property, property right nor property use nor convert. any of these to public use except by due process of law. Just compensation, including com- pensatory damages, may be requested for all involuntary conversions of private property, property right-or property use. pave 2 Definitions 1. Arend the definition of easement to read as follows: A grant of rights by the property owner to a portion of land for a specified purpose. 2. Move the definition of minor subdivision from paw 5 to the definition section. page 4 Procedure for Plat Approval Section III - A - 1. Subsequent to the effective date of this ordinance, no land within Orange County shall be subdivided, or resubdivided and offered for sale, gift, exchange or in any other way conveyed until a plat thereof has been approved as herein provided. No plat shall be recorded by the Orange County Register of Deeds until this approval is entered in writing on the face of the plat as herein provided. III - A - 2. All proposed subdivisions shall be reviewed by the Orange County Planning Staff for initial determination as to whether the proposed subdivision is exempt from the requirements of this ordinance. In making this determination, the Planning Staff shall review the proposal, considering, among others, the following factors: a. Existing land use in the area. b. The number and pattern of lots to be created. c. Current use of the tract to be subdivided. d. Topography of the tract to be subdivided. e. Soil types and applicability to stated purpose for subdivision. f. Improvements anticipated. g. Affidavit of subdivider as to the proposed use of the tract to be subdivided and the nature and reason for division. (For e::anple, probate, division among heirs, partition among co-tenants, continuing agricultural use, sale, gift, lease, etc.). ~ 791 Where a street is to be created and platted as part of the subdivision in question, the subdivisica shall not be e em?t from the provisions of this ordinance regardless of any other factors. A division of a tract of land for the purpose of sale nay be exempt from the requirements of this ordinance provided the Planning Staff concludes from the facts presented that the proposed division is not for the purpose, whether immediate or future, of building development_ tiny exemption as set forth herein shall not exempt the person subdividing from the provisions of Section IX of this ordinance. All transfers or sales, exempt or not, of an interest in any property within a subdivided tract shall be made by express reference, book and page, to the recorded plat thereof. ZZI — A — 3. If the Planning Staff shall determine that the subdivision, is exempt from the provisions of this ordinance, the final plat shall be endorsed to that effect and may be recorded with the Register of Deeds. If the plat is exempted from the provisions of this ordinance because the developer has no immediate or future intention to develop the tract, the exemption noted on the plat shall bear the following additional statement: This plat recorded without subdivision approval. Subdivi- sion approval shall be necessary before any development is authorized. No representation concerning compliance with Orange County subdivision standards and regula_tions is made or implied by the fact that this plat is recorded. The Orange County Building Inspector shall be notified of all such exem?ted plats. It shall be the duty of the Orange County Building Inspector to insure that no building permits are issued for subdivided property so exempted. In order to develop property so exempted, subdivision approval must be obtained pursuant to this ordinance. The Planning Staff shall make findings of fact in accordance with the criteria set out above in all cases where an exemp- tion is requested and shall notify the subdivider and the Planning Board in writing of its decision and the reasons therefor. III — A — 4. The subdivider may appeal the denial of a requested exemption to the Orange County Planning Board. This appeal must be made within 30 days of notification of the Planning Staff's decision and must be made to the Planning Board in writing. The Planning Board shall calendar all such appeals for hearing giving written notice to the subdivider and the Planning Staff at least ten days prior to the hearing. The Planning Board's decision on. the requested exemption shall be the final administrative decision_ The Planning Board in all such appeals shall make findings of fact in support of its decision. The proposed subdivider shall be notified in writing of the Planning Board's decision within 10 days after the said decision is made. 792 . The Orange County Planning Staff shall provide the Orange County Board of Commissioners with a quarterly report :listing all subdivisions exempted from the provisions of the Orange County Subdivision Regulations. pale 5 Procedure for Review and Aooroval of •lirnor Subdivisions 1. Section III-C-1: Add: The decision of the Planning Board may be ap- pealed to the County Co*-maissioners. ..c 2. Section III-C-2: Amend to T ead as follows: No Dore than Four (4) new lots may be created out of a tract of land by the minor subdivision process within a one year period. Add: Any tract of land which changes ownership may be resubdivided by the minor subdivision process. 3. Section III-C-3-a (proposed new subsection): When access to a minor subdivision is proposed via a pre-existing, platted, private road, and where the private road provides access to lots in addition to the lot(s) created by the proposed minor subdivision, the Planning Board may grant a variance, pursuant. to subsections VII-A to -D. of this ordinance, from the right-of-way and maintenance requirements of subsection 111--B-3-e of this ordinance. All other variances shall be .graated in accordance with Section VII of this ordinance. pale S Preliminary Plan Approval 1. Section III-D-4-a: Add: 6. Each township's advisory cot!' cil shall be informed by the Planning Board of preliminary plans of proposed subdivisions within that township. 2. Section III-D-4-b: Amend to read as follows: The subdivider may be required to demonstrate how potential problems have been avoided or the impacts of development minimized by the use of mechanical devices, arrangement of lot lines, buffer strips, large lots, or any other appropriate techniques. Delete: page 9 3. Section III-D-4-d:/ The Board shall direct additional review and action pursuant to this section or preparation of the Final Plat whichaver is appropriate. Replace with: In the event that the County Commissioners shall reject a recommendation of the Planning Board, the proposal shall be returned to the. Planning Board which will review and reconsider it along with the County Commissioners' stated reasons for denial_ The appropriate advisory council will be notified of the decision also. After the review, the proposal, along with new recommendations, will be returned to the Commissioners for reconsi- deration. page 9 Final Plat 1. Section III-E-1: Add: The Planning Board's decisioa.may be appealed by the subdivider to the County Commissioners. page 13 Land Suitability 1- Section IV-B-2 (paragraph 1): Delete the follow.in t:ao sentences: Each . 793 lot of a subdivision shall contain at least or.= site which is suitable for _y development. Lots that are of restricted development potential shall be designated as such on the plat and by instrument recorded in th_ Orange County registry as specifically prescribed by Section III-t-5-e of this ordinance_: replace with: Each lot that does not contain a suitable building site shall be designated pn the plate as being of restricted development potential and by instrument recorded in the Orange County registry as specifically prescribed by Section III-E-5-e of this ordinance. page 14 2. Section IV-B-2 (paragraph 3}: Amend to read as follows: The proposal shall be evaluated by the Planning Board for potential impairment of habitat of rare and endangered species or unique natural areas as listed by the North Carolina Natural Heritage Program or North Carolina natural Areas Advisory Committee. page 17 Lot Lavout 1. Section 3:V-B-5-b: Amend to read as follows: A building permit may not be issued until the access road has been built as specified for this sub- division, or appropriate assurance provided as specified by Section V of this ordinance. Reservation of Space for Utilities 1. Section IV-B-6-b: delete entire section 2. Section IV-B-6-a: See last pave of revisions. page 13 Buffer Strip 1. Section IV-B-8: Amend to read as follows: A buffer .strip r.:ay be required in a subdivision adjacent to railroads, limited access highways, commzercial development, industrial development, critical areas of natural environment, and agricultural areas where the Planning Board shall find an incompatibility between the existing use and the proposed use_ (Continued as written) page 19. Storm Water Management 1. Section V-B-1: B. Amend to read as follows: Protect the characteristics and capacity of natural drainage ways, and encourage reliance on natural drainage ways for the removal of runoff by preventing their impoundment, except where there may be a site for intentional storm water detention. page 20 Waste Water Disposal 1. Section V-C-2: Delete section. page 21 Removal of Final Plat Restrictions 1. Section VI (new section): The Planning Department shall maintain a record of all easements, set-backs, ways, buffer strips and other forms of property restrictions imposed under this ordinance together with the detailed justification for each such restriction. At any time subsequent to subdivi- sion approval, the property owner or his representative may present information to the Planning Department to establish that the restriction(s) are no longer applicable due to changed conditions. The Planning Department shall make a 794 final decision as to raodificatio� or elimination of such restriction(s) within 30 days. The property ocmer or his representative nay appeal deci- sions of the Planning Department to the Planning Board "hich shall issue a decision within an additional 30 days. page 22 Variances 1. Section VII: Give final approval of variances to the Planning Board with the right to appeal to the County Commissior_ers. Other 1. Replace the word 'developer' with the word 'subdivider' throughout the ordinance. page 17 ?eser-,at=on of Space for Utilities_ 2. Section IV-B-6-a: Amend to read as follows: Ways may be required along said lot lines. or across lots for the extension of existing or planned utilities such as poles, wires, conduits, storm or sanitary sewers and water or gas lines. 4