HomeMy WebLinkAboutAgenda - 11-21-2016 - D-2 109
ORANGE COUNTY
BOARD OF COMMISSIONERS
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 21, 2016
Action Agenda
Item No. D.2
SUBJECT: Unified Development Ordinance (UDO) Text Amendments - Subdivision
Regulations and Processes
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. UDO Amendment Outline Form Patrick Mallett, Planner II (919) 245-2577
2. Statement of Consistency Rachel McCook, Planner I (919) 245-2598
Molly Boyle, Planning Tech (919) 245-2599
3. Ordinance and Proposed UDO Text Michael D. Harvey, Planner III (919) 245-2597
Amendments Craig Benedict, Director (919) 245-2592
4. Minutes from February 18, 2016 BOCC
Work Session
5. Copy of Open House Meeting
Information Notices and Summary of
Comments
6. Excerpt of Minutes from September 7,
2016 ORC meeting
7. Excerpt of Draft Minutes from the
October 17, 2016 Planning Board
meeting
Under Separate Cover: Flexible Design
Subdivision Information (Binder)
PURPOSE: To hold a public hearing on Planning Director initiated text amendments to the
Unified Development Ordinance (UDO) that would modify regarding subdivision regulations and
review processes.
BACKGROUND: In response to a BOCC petition, staff conducted a work session on February
18, 2016 to review current subdivision regulations and discuss opportunities for allowing for
more flexibility with respect to residential development in rural areas. The primary focus was to
develop opportunities for greater flexibility for the clustering of proposed lots with the
preservation of additional open space. Minutes from this meeting are contained in Attachment
4.
Information from the BOCC work session can be viewed at:
http://server3.co.orange.nc.us:8088/weblink8/0/fol/40558/Rowl.aspx.
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Community Outreach: As part of the outreach program, two open house meetings were held on
July 20, 2016 to solicit public input/comment on potential subdivision modifications. The
meetings were:
• From 2:00 to 4:00 p.m. with local land surveyors, developers, and property owners who
had gone through the existing subdivision review process. Approximately five people
were in attendance; and
• From 5:30 to 7:00 p.m. with local property owners. Approximately five people were in
attendance.
As a result of comments received during these various meetings, staff crafted an amendment
that:
i. Eliminates the "outdated" Cluster Development subdivision type as currently
contained in Section 7.12 of the UDO, and replaces it with a Flexible Design process.
ii. Allows for residential lots to be clustered smaller than the 40,000 sq. ft. limit as
detailed in Section 7.13.4 (B) (6) of the UDO with the preservation of additional
common open space area(s) within the subdivision.
iii. Allows for a maximum of 12 lots (vs. the current maximum of 5 lots with a
conventional design) to be allowed through the Minor Subdivision process if the
property owner/applicant chooses to go through the Flexible Design subdivision
process.
iv. Maintains current density limits, but allows for added lots via more flexible design
requirements.
v. Mimics Flexible Designed provisions already permitted with Major Subdivisions within
County.
vi. Allows development to cluster in logical land use patterns that complement the
transition from urban to rural areas of the County.
The goal is to revise existing development standards in an effort to encourage purposeful
growth and development within the County in a cost efficient manner (e.g. shorted roads and
area cleared for residential lots), while promoting the perpetual maintenance/preservation of
common open space areas.
Planning Director's Recommendation: The Planning Director recommends approval of the
Statement of Consistency, indicating the amendments are reasonable and in the public interest,
contained in Attachment 2 and proposed UDO text amendment package contained in
Attachment 3.
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Planning Board Recommendation: The text amendment was presented to the Planning Board's
Ordinance Review Committee (ORC) on September 7, 2016. Planning and Environmental
Health Staff presented materials related to conservation, open space, flexible design, and the
state's new guidelines for off-site individual septic systems. This item was then presented to the
Planning Board at its October 17, 2016 meeting. The Planning Board voted unanimously to
recommend approval of the Statement of Consistency contained in Attachment 2 and the UDO
text amendment package contained in Attachment 3.
Meeting notes from the ORC meeting on September 7, 2016 are contained in Attachment 6.
Agenda materials and can also be viewed at:
http://www.orangecountync.gov/090716ORCAgenda.pdf
Minutes from the Planning Board meeting on October 17, 2016 are contained in Attachment 7.
Agenda materials can also be viewed at viewed at:
http://www.orangecountync.gov/10172016PIanningBoardAgendaPacket.pdf
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Costs for the required legal advertisement will be paid from
FY2016-17 Departmental funds budgeted for this purpose. Existing Planning staff included in
the Departmental staffing budget will accomplish the work required to process this amendment.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
RECOMMENDATION(S): The Administration recommends the Board:
1. Receive the proposed amendments to the UDO as detailed in this abstract and
attachments.
2. Conduct the public hearing and accept comment on the proposed amendments.
3. Close the public hearing. (Note that, because this is a legislative decision, additional
comments at a later date are permitted).
4. Decide on one of the following options:
a. Adopt the proposed amendments by approving the Statement of Consistency
(Attachment 2) and Ordinance (Attachment 3);
b. Defer a decision to a later BOCC regular meeting date;
c. Refer the item back to the Planning Board for a specific purpose; or
d. Deny the proposed amendments. (Note: Section 2.2.8 Effect of Denial on
Subsequent Applications of the UDO states that no application for the same or
similar amendment may be submitted for a period of one year. The one year
period begins on the date of denial.)
Attachment 1 112
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO /Zoning-2016-06
Revision of subdivision regulations and processes.
A. AMENDMENT TYPE
Map Amendments
n Comprehensive Plan — Future Land Use Element Map:
From: - - -
To: - - -
n Zoning Map:
From: - - -
To: - - -
n Other:
Text Amendments
n Comprehensive Plan Text:
Section(s):
M UDO Text:
MUDO General Text Changes
MUDO Development Standards
MUDO Development Approval Processes
Section(s): Section(s):
• 2.2 Applications;
• 2.14: Minor Subdivisions;
• 2.15 Major Subdivisions;
• 3.3: Residential Districts;
• 4.2 Watershed Protection;
• 4.8 Stoney Creek Basin;
• 7 Subdivisions (numerous subsections); and
• 10 Definitions.
n Other: N/a
1
113
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director is initiating
text amendments to modify existing subdivision development requirements and
review processes in an effort to provide additional opportunities for the clustering of
subdivision lots and preservation of open space.
This item has been developed to address a petition previously submitted by
Commissioner Pelissier on ways to encourage and promote the additional clustering
of residential lots and preservation of open space.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
`cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners'.
In response to a petition submitted by Commissioner Pelissier, staff conducted a
work session with the BOCC on February 18, 2016 to:
a. Review the County's subdivision development and review processes,
b. Discuss minimum lot size and density limitations/requirements, and
c. Identify opportunities and constraints associated with the clustering of
subdivision lots.
Agenda materials from this meeting can be viewed
at: http://www.orangecountync.gov/document center/BOCCAgendaMinutes/160218.
p
During this work session, staff recommended modifying existing subdivision
standards/regulations, including:
Elimination of the Cluster Development subdivision type, as currently
contained in Section 7.12 of the UDO,
ii. Revisions to existing language allowing the use of off-site septic for
wastewater processing,
iii. Allowing for lots to be clustered smaller than the 40,000 sq. ft. limit as
detailed in Section 7.13.4 (B) (6) of the UDO, and
iv. Revising submittal and review processes to give greater flexibility to
projects proposing clustering of lots and dedication of open space,
The goal is to revise existing development standards in an effort to encourage
purposeful growth and development within the County in a cost efficient manner while
promoting the perpetual maintenance/preservation of open space areas.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
2
114
Chapter 2 Planning Principles of the Comprehensive Plan:
• Principle 2 — Sustainable Growth and Development: Growth and development
within the county should occur in a pattern, location, and density that is
sustainable over the long-term.
• Principle 4 — Natural Area Resource Preservation: Protection of the County's
natural areas, including forests, wildlife, habitat, and other important open
spaces, should be a priority. The County should work with regional and local
organizations, the towns, and private landowners to promote and achieve
preservation of the County's important natural resources.
Chapter 4 Housing Element of the Comprehensive Plan:
• Housing Goal 1 — A wide-range of types and densities of quality housing
affordable to all in all parts of the County.
• Housing Goal 4 - Development ordinances and incentives that promote
inclusionary practices and housing options for all income levels.
Chapter 5 Land Use Element of the Comprehensive Plan:
• Land Use Goal 1 — Fiscally and environmentally responsible, sustainable
growth consistent with the provision of adequate services and facilities and a
high quality of life.
• Land Use Goal 2 — Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources,
and community character.
• Land Use Goal 3 — A variety of land uses that are coordinated within a
program and pattern that limits sprawl, preserves community and rural
character, minimizes land use conflicts, and supported by an efficient and
balanced transportation system.
• Land Use Goal 4 — Land development regulations, guidelines, techniques,
and/or incentives that promote the integrated achievement of all
Comprehensive Plan goals.
4. New Statutes and Rules
Text change coincides with new statues (ref. NCGS 130A-343 and 15A NCAC
18A.1969) and guidelines from NC DHHS — Public Health regarding Innovative
Wastewater Systems: Off-site Septic (IWWS 2016-01).
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
May 5, 2016
b. Quarterly Public Hearing
November 21, 2016
3
115
c. BOCC Updates/Checkpoints
May 5, 2016 —Approval of UDO Amendment Outline Form
September 7, 2016 — Planning Board Ordinance Review Committee (ORC)
meeting (BOCC receives agenda materials)
October 17, 2016 — Planning Board Meeting (BOCC receives agenda materials)
d. Other
N/A
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
September 7, 2016 — Ordinance Review Committee
October 17, 2016 — Recommendation
b. Advisory Boards:
Staff will forward proposal to the Staff presented the amendment at
Orange County Commission for the CFE's October 10, 2016 meeting.
Environment (CFE) for review and Note: DEAPR and CFE have since
comment. issued letters of support for the text
amendment.
c. Local Government Review:
Staff shall transmit the proposed Sent to Town Planning Departments
amendment(s) to the Towns of Chapel the week of September 24-28, 2016.
Hill, Carrboro, and Hillsborough for No significant issues received from
JPA and courtesy review. any of the Towns.
d. Notice Requirements
Legal advertisement for the public hearing was run in accordance with the
provisions of the UDO.
e. Outreach:
General Public: Staff held two open house meetings to review and discuss
options on proposed subdivision amendments on July 20,
2016.
Staff coordinated the release of a press release with the
Manager's office advertising the time/date/location of the
open house meetings.
The first meeting occurred at 1:00 p.m. and was attended by
land surveyors and engineers who have gone through a
subdivision review with the County. The session was
attended by approximately five people. The second
meeting, which was open to the general public, was held at
5:30 p.m. and was attended by approximately five people.
4
116
❑ Small Area Plan Workgroup: N/a
n Other: N/a
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from departmental funds budgeted for this purpose. Existing Planning staff included
in the Departmental staffing budget will accomplish the work required to process this
amendment.
D. AMENDMENT IMPLICATIONS
The amendment(s) will encourage more efficient and sustainable land uses, which in-
turn lessen public costs for services, promote diversity with respect to available housing
types, and promote the preservation of additional land area as open space.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 3.
Primary Staff Contact:
Patrick Mallett
Planning
(919) 245-2577
pmallett @orangecountync.gov
5
117
Attachment 2
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) to modify existing subdivision development requirements and review processes to
provide additional opportunities for the clustering of subdivision lots and preservation of open
space.
The Planning Board finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
Chapter 2 Planning Principles of the Comprehensive Plan:
• Principle 2 — Sustainable Growth and Development: Growth and
development within the county should occur in a pattern, location,
and density that is sustainable over the long-term.
• Principle 4 — Natural Area Resource Preservation: Protection of the
County's natural areas, including forests, wildlife, habitat, and other
important open spaces, should be a priority. The County should
work with regional and local organizations, the towns, and private
landowners to promote and achieve preservation of the County's
important natural resources.
Chapter 4 Housing Element of the Comprehensive Plan:
• Housing Goal 1 — A wide-range of types and densities of quality
housing affordable to all in all parts of the County.
• Housing Goal 4 - Development ordinances and incentives that
promote inclusionary practices and housing options for all income
levels.
Chapter 5 Land Use Element of the Comprehensive Plan:
• Land Use Goal 1 — Fiscally and environmentally responsible,
sustainable growth consistent with the provision of adequate
services and facilities and a high quality of life.
• Land Use Goal 2 — Land uses that are appropriate to on-site
environmental conditions and features and that protect natural
resources, cultural resources, and community character.
• Land Use Goal 3 — A variety of land uses that are coordinated
within a program and pattern that limits sprawl, preserves
community and rural character, minimizes land use conflicts, and
supported by an efficient and balanced transportation system.
118
• Land Use Goal 4 — Land development regulations, guidelines,
techniques, and/or incentives that promote the integrated
achievement of all Comprehensive Plan goals.
c. The amendment is reasonable and in the public interest because it:
1. Assists Orange County in promoting more efficient and sustainable land
uses.
2. Encourage the preservation of additional natural area while allowing for new
development opportunities.
3. Promote diversity with respect to available housing types.
The Planning Board of Orange County hereby recommends that the Board of County
Commissioners consider adoption of the proposed UDO text amendment.
Lydia N. Wegman, Chair Date
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Attachment 3
Ordinance #ORD-2016-040
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County has initiated amendments to its Unified Development Ordinance
(UDO) to modify existing regulations governing signage.
Whereas, staff as determined the amendments are necessary to address existing
inconsistent language within the UDO, establish definitive standards associated with what
constitutes electronic scrolling messages, and expand opportunities within specific non-
residential zoning districts for additional sign area based on the size and road frontage of a
parcel of property, and
Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have
been deemed complete, and
Whereas, the Orange County Planning Board has recommended approval of the proposed
text amendments, and
Whereas, the County has held the required public hearing and has found the proposed
text amendments are consistent with the goals and policies of the adopted Comprehensive
Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective upon its adoption.
Upon motion of Commissioner , seconded by Commissioner
, the foregoing ordinance was adopted this day of
, 2016.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a
meeting held on , 2016 as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this day of , 2016.
60
SEAL
Clerk to the Board of Commissioners
120
UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations associated
with the review and permitting of subdivisions.
As the number of affected pages/sections of the existing UDO are being modified with this
proposal staff has divided the proposed amendments into the following color coded
classifications:
• Red Underlined Text: Denotes new, proposed text, that staff is suggesting be
added to the UDO
• Red Strikethrough Text: Denotes existing text that staff is proposing to delete
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large "X" through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes from
previous sections `spill over' onto the included page. Text with a large "X" is not proposed for
deletion.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text/sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://www.orangecountync.gov/departments/planning and inspections/ordinances.php
Article 2: Procedu
2.2:Applications
(B) If the applicant is not the owner, or sole owner, of the land, a notarized lett: signed by
the owner(s) consenting to the submission of the application shall be sus itted along
with all required application information and materials.
2.2.2 Timely ° ocessing of Applications
The Planning lirector, Planning Board, Board of Adjustment, Boa . of County Commissioners
and all other au .rized review and decision-making bodies sh. make every reasonable effort to
process, review, an act on applications in a timely manner, 'onsistent with the need to fully
consider the applicatio 's proposed impact and ensure th it is consistent with the spirit and
intent of the Orange Cou Comprehensive Plan and . herwise advances the public health,
safety, and general welfare.
2.2.3 Burden Of Proof
The burden of demonstrating that an ap.,:cation complies with applicable submittal, review, and
approval criteria is on the applicant.
2.2.4 Form of Application and Filing ees
(A) Unless a greater n . ber is specified herein fo specific review procedure, three copies
of all applicatio including required supporting .. umentation, shall be submitted by the
applicant. Applications detailing the submittal requir-• ents for each type of application
are avail. e in the Planning Department office.
(B) Offici s responsible for accepting applications shall maintain list specifying the
m. erials and information to be submitted with each application ed. The list shall be
ade available to all applicants and to any other person who reque s a copy.
(C The Planning Director is authorized to propose and promulgate adminis .tive
regulations, including but not limited to the type and amount of data require. for a
completed application, in order to implement the provisions of this Ordinance.
(D) Applications must be accompanied by the fee amount that has been established b
Board of County Commissioners. Application fees are nonrefundable.
2.2.5 Pre-application Conference
(A) Prior to submittal of an application for review and approval of a:
(1) Non-residential development,
(2) Special Use Permit (SUP),
(3) Conditional Use District (CUD),
(4) Conditional Zoning District (CZD), and/or
(5) Major Subdivision and/or,
(6) Minor Subdivisions 1
The applicant shall schedule a pre-application conference with the Planning Department.
(B) In preparation for the pre-application conference, the applicant shall submit a sketch plan
illustrating the location, size and major design elements of the proposed development no
later than five working days prior to the pre-application meeting.
(C) The Planning Department may request that representatives of other public agencies be
present at the pre-application conference, including, but not limited to:
(1) Planning Board,
1 Pre-application conferences are held for all subdivision projects to ensure the applicant's are aware of all
applicable standards. We are adding language within this section ensuring the requirement is clear.
Orange County, North Carolina—Unified Development Ordinance Page 2-2
Article 2: Procedun
Section 2.14: Minor Subdivisions
(d) A copy of the Final Plat indicating approval of the . -- o control
sedimentation and erosion during constructi.• • improvements.
Where an erosion control plan is requi -:, it shall comply with the
. : •sions of Section 6.15 of thi • dinance. If an erosion control plan
is not r-... ed, the copy . e Final Plat must be signed by the
Erosion Contr. •i , certifying that a plan waiver has been approved
or the amou an. : turbance on the site is not subject to the
provis.•- of Section 6.15 0 Ordinance; and
(e) A statement describing the methods p .,..sed to protect environmental
resources identified in "An Inventory of Sites . ultural, Historic,
Recreational, Biological and Geological Significance •• he
Unincorporated Portions of Orange County" and/or"Inven . of the
Natural Areas and Wildlife Habitats of Orange County, North Car. a".
(B) Review and Action
(1) The Planning Director shall determine if the plat and application conform with all
applicable regulations.
(2) Auxiliary documents required by Article 7 shall be submitted by the Planning
Director to the County Attorney for review and recommendation.
(3) The Planning Director may submit copies of the Final Plat application and
accompanying material to other officials and agencies for review and comment.
Other potential reviewers include, but are not limited to:
(a) NC DOT,
(b) Orange County Schools,
(c) Orange County Land Records,
(d) County Attorney,
(e) Orange County Environmental Health,
(f) Orange County Erosion Control,
(g) Orange County Engineering,
(h) Public Utility Companies, and
(#)(i) Orange County Department of Environment, Agriculture, Parks and
Recreation (DEAPR).2
(4) Reviewers shall provide a certification to the Planning Director of the suitability,
provisional suitability, or unsuitability of the proposal. Recommendations of the
reviewers may be incorporated as conditions of approval of the subdivision.
(5) The Planning Director shall take action on an application solely on his/her
findings as to compliance with applicable regulations and conditions and shall
either:
(a) Approve the application; or
(b) Approve the application with conditions; or
(c) Deny the application.
(6) The Planning Director shall notify the applicant of the action in writing.
(C) Action Subsequent to Approval
2 Although part of the Development Advisory Committee(DAC) meeting process, staff is modifying this list to
include DEAPR so that we receive their comment(s)on any final plat application.
Orange County, North Carolina—Unified Development Ordinance Page 2-46
Article 2: Procedun
Section 2.14: Minor Subdivisions
(1) The applicant shall submit a reproducible mylar original of the Final Plat to the
Planning Director for endorsement within one year of Final Plat approval.
(2) The Planning Director may grant an extension of this time limit to one-year from
the original date of expiration if the applicant files an extension application in
accordance with Section 2.2.
(3) The Planning Director shall obtain all required certification signatures and shall
endorse approval of the approved Final Plat on a reproducible mylar original after
all other certification signatures have been obtained. The Planning Director shall
prepare the Declaration of Restrictions.
(4) The Planning Director shall notify the applicant when all required certification
signatures have been obtained and County Attorney review is complete. The
applicant shall then make an appointment with the Planning Director to have the
approved plat and any associated documents necessary to assure conformance
with regulations recorded in the Officer of the Register of Deeds. The approved
plat and any associated documents must be recorded within 90 days after the
Planning Director's endorsement of approval.
(5) The Planning Director shall accompany the applicant to the Register of Deeds
Office to ensure the approved plat and any required documents are recorded in
the correct order and to fill in the book and page references, where applicable.
Documents shall be numbered in the order they are to be recorded. The order is
as follows:
(a) Approved plat
(b) Road Maintenance Agreement, if required
(c) Declaration of Restrictions
(d) Homeowners/Property Owners'Association documents, if required
(6) If the approved plat is not recorded within the specified time period, the plat is
void.
(7) Any plat or portion thereof not receiving final plat approval within the time period
set forth in (5) above shall be null and void except under the following conditions:
(a) The subdivision is built in sections or phases, and a phasing plan was
approved as part of the Preliminary Plat;
(b) The period between the approval date of the Preliminary Plat and the
approval date of the Final Plat for the first phase does not exceed one
year; and
(c) The period between the approval date of the Final Plat of the first
phase and the approval date(s) of the Final Plat(s) of any subsequent
phase(s) does not exceed the time limits specified in the phasing plan
of the Preliminary Plat. If no phasing plan is indicated, then the period
between Final Plat approvals shall not exceed six months.
{7}(8) If a phasing plan for construction of the subdivision is approved, the expiration
date of the Preliminary Plat shall be governed by the time period(s) approved as
part of the phasing plan.
{8)(9) The Planning Director may extend the deadline for recordation 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 the specified period.
{9}(10) All final plats shall conform to drawing specifications and certification
requirements for Final Plats contained in Section 7.14.3 of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 2-47
Article 2: Procedum
Section 2.14: Minor Subdivisions
{10}Recordation of the approved final plat, and any required auxiliary documentation
shall be with the advice and consent of the Planning Director.
Orange County, North Carolina—Unified Development Ordinance Page 2-48
Article 2: Procedu
2.15: Major Subdivisions
SECTION 2.15: MAJOR SUBDIVISIONS
2.15.' Review and Decision Process Flow Chart
he review and approval process for a Major Subdivision is shown in the procedur:s flowchart.
Major Subdivisions Pre-application Conference
Determination of the correct application venue of the •!vision of
l•nd: Exempt Subdivision, Minor Subdivision, Class "A" pecial Use
• -rmit, Conditional Use District, or a standard Majo Subdivision
Finding of •ncept Plan Application Completeness •nd issuance of a
letter to the applicant
Referral to the 'evelopment Advisory Co ittee of the Concept Plan
► 'ublic agency revie of the Concept Plan
► Neighbo ood Information Meeting
i
Planning Board Re iew : Approval of Concept Plan
V
Prelimin•ry 'lat Application
Finding of Ap• !cation Co , •leteness and issuance
•f a letter to the •pplicant
i
Referral to Develo•ment Advisory Commi ee of the Preliminary Plat
Planning Board Review an•
Recommendation of the Prelimina Plat
Board •f County Commissioner's acceptance of th= Planning Board
r=commendation(s) and action regarding the Pre inary Plat
Applicant completes all required public improvements o •osts
acceptable financial security to ensure installation
Final Plat Application
Planning Director Review/Approval of Final Plat
► Recordation of Final Plat
Orange County, North Carolina—Unified Development Ordinance Page 2-49
Article 2: Procedu�e�s�
Section 2.15: Major Subdivisions
2.15.2 Concept Plan
(A) Pre-Application Review
To promote better communication and avoid unnecessary expense in the design of
acceptable subdivision proposals, each subdivider is encouraged to meet with the
Planning Department staff prior to submitting an application for Concept Plan approval.
The purpose of this informal meeting is to introduce the applicant to the provisions of this
Ordinance and discuss his/her objectives in relation thereto.
(B) On-Site Visit
(1) Prior to submission of a Concept Plan application, the applicant shall schedule a
mutually convenient time to walk the property with the Planning Director. The
purpose of this visit is to familiarize the Planning Director with the property's
special features, and to provide an informal opportunity to offer guidance to the
applicant regarding the tentative location of Secondary Conservation Open
Space3 Areas, potential dwelling locations, and potential street alignments.
(2) Prior to scheduling the on-site visit, the applicant shall have prepared the Site
Analysis Map as required in Section 7.4-413.2(A)(3)and shall submit the Site
Analysis Map to the Planning Director when the on-site visit is scheduled.
(3) If the on-site visit is not scheduled before submittal of the Concept Plan
application, it shall occur prior to the Neighborhood Information Meeting.
(C) Application Requirements
(1) Applications shall be submitted on forms provided by the Planning Department in
accordance with Section 2.2 of this Ordinance.
(2) Applications shall include:
(a) An Orange County Geographic Information Systems (GIS) Map
showing the location of the parcel to be subdivided.
(b) 25 copies of a Concept Plan of the proposed major subdivision
prepared in accordance with the specifications for Concept Plan
drawings as contained in Section 7.4-413.2(A)of this Ordinance. A
Concept Plan shall include the following:
(i) A Site Analysis Map;
(ii) A Conventional Development Option; and
(iii) A Flexible Development Option.
(3) In lieu of a three-part Concept Plan, one Concept Plan may be submitted if the
applicant is seeking approval only of a Flexible Development Plan. The applicant
may also combine the Site Analysis Map and the Flexible Development Option
into a single plan, provided the information required in Section 7.4-413.2(A) is
displayed in a clear and legible form. If an applicant chooses this option, he/she
shall comply with the provisions for determining density contained in Section
7.4312.74(A).
(4) A comparison of the impacts of the Flexible Development Option to those that
would result from the Conventional Development Option.
(5) A checklist identifying consistency with applicable design guidelines as contained
in Section 7.4312.78 (B).
3 Modifying language to be consistent throughout the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 2-50
Article 3: Base Zoning DistriF,ts
Section 3.3: Residential Distric s
SECTION 3.3: RESIDENTIAL DISTRICTS
RBDIMENSIONAL AND RATIO STANDARDS
RURAL BUFFER pots . 87,120
Conventional
Subdivision Lot Size, 87,120
min. (square feet)
Flexible Development
Subdivision [11 Lot 4742.0444@g[1]
Size, min. (square feet) 43,560
PURPOSE Lot Width, min. (feet) 130
The purpose of the Rural Buffer(RB) District is to provide
locations for rural residential developments and agricultural,
silvicultural or horticultural uses which serve to buffer or Front Setback from
I separate more intensively planned and/or developed portions ROW, min. (feet) 40 [42]
of Orange County. Development within the Rural Buffer(RB)
District is at very low densities(the minimum lot size per
Idwelling unit is two acres)and relies on individual wells and Corner Side Setback, 40 [23
ground absorption systems for domestic water supply and min. (feet)
sewage dissosal, ressectivel .
APPLICABILITY Side Setback, min.
(feet) 20 [42]
This district will usually be applied where the following
conditions exist: Rear Setback, min.
1. Designated by the adopted Comprehensive Plan as Rural
(feet) 20 [42]
Buffer or by the adopted Joint Planning Area Land Use Plan
as Rural Residential or both.
2. Urban services, including water distribution and sewage Height, max. (feet) 25 [44]
collection mains, are not likel within 10-20 ears.
R-
CU .058
DIMENSIONAL STANDARDS NOTES: 45
Floor Area Ratio, max.
[1] Refer to Section 7.12.3: Flexible Development,which NR .088 a6
requires additional standards and requirements to reduce NR- 100 [56]
minimum lot size. CU
[2]Accessory structures shall not be erected in any required R-
front open space and shall also conform to all other CU
regulations. Required Open Space NR 84
L2]Any corner lot having an abutting interior lot on its side Ratio, min. NR-
street shall observe a front yard setback from both streets CU
provided, however, that this requirement does not reduce the Required Livability R-
width suitable for a building on said lot to less than 25 feet. .75
Space Ratio, min. CU
(See graphic in Section 6.2.7).
[34]Two feet of additional height shall be allowed for one foot Required Recreation R .028
increase of the required front and side setbacks. Space Ratio, min. R- 031
{45] R= residential, NR=non-residential, CU =conditional CU
use R-
I [a6] Permitted non-residential uses existing as of 5/6/98 shall Gross Land Area, min. CU 174.240
be limited to a maximum floor area ratio of.141 in the RB,AR, (square feet) NR-
I R-1, R-2, R-3, and R-4 zoning districts. CU
Required Pedestrian/ NR
Landscape Ratio, min. NR- 21
CU
Orange County, North Carolina—Unified Development Ordinance Page 3-2
Article 3: Base Zoning DistriFq
Section 3.3: Residential Distric s
RB DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the RB District in Section 5.2, unless a Conditional Use(CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 87,120 square feet, the density permitted on a given parcel is based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a
breakdown of the allowable density(i.e., the number of individual dwellings that can be developed on a
parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
6. For lots outside of a Watershed Protcction Overlay District(sec Section 1.2),thc minimum usable lot ar
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size;zoning lots two acres and gr atcr in size shall have a minimum
usable lot arca of at!cast 10,000 square fcct.4
65. With the exception of Orange County government development projects,wastewater treatment facilities with
a design capacity of 3,000 gallons per day or more and package treatment plants for sanitary sewage
disposal are prohibited in the RB zoning district unless approved through the Special Use Permit(SUP)
process or as a Conditional Use(CU) District.
6�. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table dcpcnding upon thc type of subdivision proposed and thc percentage of opcn space
provided. The"Village Option"for a flexible development is not permitted in tIRB district.
7g. Subdivisions utilizing following-the conventional design process;and/er proposing private roads are
subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards.
Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards.5
84. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
a This standard is being eliminated as it would impede the ability for a property owner to adhere to the new State
septic system guidelines/statutes as well as invalidate proposed amendments designed to encourage greater
clustering of lots and preservation of common open space.
5 Private road justification is still required for all subdivisions following the conventional design model(i.e. not
proposing separate open space). Staff is modifying existing language to ensure consistency with proposed changes
to Article 7.
Orange County, North Carolina—Unified Development Ordinance Page 3-3
Article 3: Base Zoning DistriF,t5
Section 3.3: Residential Distric s
ARDIMENSIONAL AND RATIO STANDARDS
AGRICULTURAL Standard Lot
Size-
RESIDENTIAL Conventional
Subdivision 40.000
Process
(Section
7.12 :
Proposed Allowable
Lot Size, min. Open
(square feet) Lot Size— Space Minimum
Flexible within Lot Size
Development subdivision: (sq.ft.):
Subdivision 33-39% 40.000
Process 40-44% 30,000
(Section 45-49% 20 000
7.12): 50-59% 15 000
60%and 10,000
over
Standard Lot Width
—Conventional
Subdivision
PURPOSE Process (Section 150
7.12):
Lot Width, min.
(feet) Flexible
Development
Subdivision
Process—Lot 1006
The purpose of the Agricultural Residential (AR) width (Section
District is to assist in the preservation of land 7.12)
suitable, as a result of location, existing farming
operations, soils and topography,for agricultural,
silvicultural or horticultural uses and to protect such Front Setback
I uses from the adverse effects of incompatible land from ROW, min. 40[1].[_6]
uses. (feet)
Corner Side
Setback, min. 40 [2]L6]
(feet)
APPLICABILITY Side Setback, 20 [1]L61
min. (feet)
This district will usually be applied where the
following conditions exist: Rear Setback,
1. Designated by the adopted Comprehensive
min. (feet) 20 [1]L6]
Plan Agricultural Residential.
2. Urban services, including water distribution and Height, max. 25[3]
sewage collection mains, are not likely within 10-20 (feet)
ears.
DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, R-CU 4 .058
[1]Accessory structures shall not be erected in any max. NR .088 5
6 The flexible development subdivision process allows for a reduction in the required lot width in Section 7.13.4(B)
(6) (a)of the UDO. In reviewing issues with the County Attorney's office there is a concern over the subdivision
regulations allowing for a modification to minimum required zoning dimensional standards. To address concerns
over legal sufficiency of the current UDO,staff is including references within the various zoning district tables
detailing required minimum lot size,area,setbacks,etc.for the various subdivision processes.
Orange County, North Carolina—Unified Development Ordinance Page 3-4
Article 3: Base Zoning Distri
3.3: Residential Distric s
required front open space and shall also conform to NR-CU .100[5]
all other regulations. Required Open R-CU NR
[2]Any corner lot having an abutting interior lot on Space Ratio, min. NR-CU .84
its side street shall observe a front yard setback Required
from both streets provided, however, that this Livability Space R-CU /5
requirement does not reduce the width suitable for Ratio, min.
a building on said lot to less than 25 feet. (See Required R .028
graphic in Section 6.2.7). Recreation Space
[3]Two feet of additional height shall be allowed for R-CU .031
Ratio, min.
one foot increase of the required front and side Gross Land Area, R-CU NR
setbacks. 80,000
[4] R=residential, NR= non-residential, CU = min. (square feet) CU
conditional use
[5] Permitted non-residential uses existing as of
5/6/98 shall be limited to a maximum floor area
ratio of.141 in the RB,AR, R-1, R-2, R-3, and R-4 Required
zoning districts. Pedestrian/ NR NR-
[6] Required setbacks for lots created through the .21
Landscape Ratio, CU
Flexible Design Subdivision process, as detailed in min.
Section 7.12 of this Ordinance, may be reduced by
25%with the preservation of more than 33% open
space for the project. Under no circumstances
shall an required setback be less than 10 feet.'
AR DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the AR District in Section 5.2, unless a Conditional Use(CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 40,000 square feet, the density permitted on a given parcel is based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a
breakdown of the allowable density(i.e., the number of individual dwellings that can be developed on a
parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District(ccc Section /1.2), the minimum usablc lot ar
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
/10,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usablc lot arca of at l ■act/10,000 cquarc fcct_8
65. With the exception of Orange County government development projects,wastewater treatment facilities with
a design capacity of 3,000 gallons per day or more and package treatment plants for sanitary sewage
disposal are prohibited in the AR zoning district unless approved through the Special Use Permit(SUP)
process or as a Conditional Use(CU) District.
Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
87. Subdivisions utilizing,followinci the conventional design process ands proposing private roads are subject
to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to
Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards.
48. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
' Current subdivision regulations allow for a reduction of required setbacks by 30%for projects developed
through the Flexible Development process. After conferring with the County Attorney we are included references
within the specific base zoning district standards for each impacted general use zoning district to ensure proper
cross referencing.
8 Same rationale as Footnote 5 above.
Orange County, North Carolina—Unified Development Ordinance Page 3-5
Article 3: Base Zoning Distris
Section 3.3: Residential Distric s
R-1 DIMENSIONAL AND RATIO STANDARDS
RURAL RESIDENTIAL Standard Lot
Size—
Lot Size, min. Conventional 40,000
(square feet) Subdivision
Process
Section 7.12 :
Proposed Allowable
Open Minimum
Lot Size— Space Lot Size
within
Flexible subdivision: (sq.ft.):
Development 33-39% 40.000
Subdivision 40-44% 30.000
Process 45-49% 20,000
(Section 7.12). 50-59% 15,000
60%and 10,000
over
Standard Lot Width
—Conventional
Subdivision
PURPOSE Process (Section 130
7.12):
Lot Width, min.
(feet) Flexible
Development
Subdivision 100 s
Process—Lot width
The purpose of the Rural Residential(R-1) District (Section 7.12)
is to provide locations for rural non-farm
residential development, at very low intensities, in
areas where the short and long-term solutions to Front Setback
domestic water supply and sewage disposal shall from ROW, min. 40[1]L6]
be individual wells and ground absorption system. (feet)
Corner Side
Setback, min. 40[2]_[61
(feet)
APPLICABILITY Side Setback, 20[1]L6]
min. (feet)
This district will usually be applied where the
following conditions exist: Rear Setback,
1. Designated by the adopted Comprehensive
min. (feet) 20 [1]L6]
Plan as Rural Residential.
2. Urban services, including water distribution Height, max. (feet) 25 [3]
and sewage collection mains, are not likely within
10-20 ears.
DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, R-CU 4 .058
[1]Accessory structures shall not be erected in max. NR .088 5
any required front open space and shall also NR-CU .100 5
conform to all other regulations. Required Open R-CU NR NR- 84
[2]Any corner lot having an abutting interior lot on Space Ratio, min. CU
its side street shall observe a front yard setback Required Livability
from both streets provided, however, that this Space Ratio, min. R-CU .75
e Same rationale as Footnote 7.
Orange County, North Carolina—Unified Development Ordinance Page 3-6
Article 3: Base Zoning Distri
3.3: Residential Distric s
requirement does not reduce the width suitable for Required R .028
a building on said lot to less than 25 feet. (See Recreation Space
graphic in Section 6.2.7). Ratio, min. R-CU .031
[3]Two feet of additional height shall be allowed Gross Land Area,
for one foot increase of the required front and side min. (square feet) R-CU NR CU 80,000
setbacks.
[4] R=residential, NR= non-residential, CU =
conditional use
[5] Permitted non-residential uses existing as of
5/6/98 shall be limited to a maximum floor area
ratio of.141 in the RB,AR, R-1, R-2, R-3, and R-4 Required
zoning districts. Pedestrian/
[6] Required setbacks for lots created through the Landscape Ratio, NR NR-CU .21
Flexible Design Subdivision process, as detailed min.
in Section 7.12 of this Ordinance, may be reduced
by 25%with the preservation of more than 33%
open space for the project. Under no
circumstances shall any required setback be less
than 10 feet. 10
R-1 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-1 District in Section 5.2, unless a Conditional Use(CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 40,000 square feet, the density permitted on a given parcel is based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a
breakdown of the allowable density(i.e., the number of individual dwellings that can be developed on a
parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District(scc Section 1.2), the minimum usablc lot ar
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
/10,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 10,000 square feet. 11
45. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
I 76. Subdivisions utilizing,following the conventional design process ands proposing private roads are subject
to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to
Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards.
g7. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
io Same rationale as Footnote 8.
11 Same rationale as Footnote 5.
Orange County, North Carolina—Unified Development Ordinance Page 3-7
Article 3: Base Zoning DistriF
Section 3.3: Residential Distric s
R-2 DIMENSIONAL AND RATIO STANDARDS
LOW INTENSITY Standard Lot
Size-
RESIDENTIAL Lot Size, min. Conventional
(square feet) Subdivision 20,000
Process
(Section
7.12 :
Proposed Allowable
Open Minimum
Lot Size— Space
Flexible within Lot Size
Development subdivision: (sq•ft.):
Subdivision 45-49% 20,000
Process
(Section 50-59% 15.000
7.12):
60%and 10.000
over
Standard Lot
Width—
Conventional
PURPOSE Subdivision 100
Process(Section
7.12):
Lot Width, min.
(feet) Flexible
Development
Subdivision
Process—Lot
The purpose of the Low Intensity Residential (R-2) width (Section
District is to provide locations for low intensity 7.12)
residential development and supporting
recreational, community service and educational
uses in areas where urban services are available or Front Setback from
are to be provided as part of the development ROW, min. (feet) 30[1]161
process.
Corner Side
Setback, min. 30[2]_[61
(feet)
APPLICABILITY Side Setback, min. 15[1]L6]
(feet)
This district will usually be applied where the
following conditions exist: Rear Setback, min.
1. Designated by the adopted Comprehensive Plan
(feet) 15[1]L]
as a Transition Area,which can reasonably be
expected to be annexed by a municipality in the
ensuing 10-20 years.
2. Water and sewer lines should exist at site or be
assured of installation as part of the development Height, max. (feet) 25 [3]
process.
3. Vehicular access must consist of direct access to
a street classified as either arterial or collector as
designated b the adopted Comprehensive Plan.
DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, R-CU 4 .076
1 Accessor structures shall not be erected in an max. NR .088 5
Orange County, North Carolina—Unified Development Ordinance Page 3-8
Article 3: Base Zoning Distri
Section 3.3: Residential Distric s
required front open space and shall also conform to NR-CU .100[5]
all other regulations. Required Open R-CU NR- .82
[2]Any corner lot having an abutting interior lot on CU
its side street shall observe a front yard setback Space Ratio, min. NR .83
from both streets provided, however, that this Required Livability
requirement does not reduce the width suitable for a R-CU .70
Space Ratio, min.
building on said lot to less than 25 feet. (See Required R .056
graphic in Section 6.2.7). Recreation Space
[3]Two feet of additional height shall be allowed for Ratio, min. R-CU .059
one foot increase of the required front and side
setbacks. Gross Land Area, R-CU NR- 45,000
[4] R=residential, NR= non-residential, CU = min. (square feet) CU
conditional use. NR .208
[5] Permitted non-residential uses existing as of
5/6/98 shall be limited to a maximum floor area ratio
of.141 in the RB,AR, R-1, R-2, R-3, and R-4 Required
zoning districts. Pedestrian/
[6] Required setbacks for lots created through the Landscape Ratio, NR CU 205
Flexible Design Subdivision process, as detailed in
Section 7.12 of this Ordinance, may be reduced by min.
25%with the preservation of more than 33%open
space for the project. Under no circumstances shall
an required setback be less than 10 feet.
R-2 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-2 District in Section 5.2, unless a Conditional Use(CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 20,000 square feet, the density permitted on a given parcel is based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a
breakdown of the allowable density(i.e., the number of individual dwellings that can be developed on a
parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
a. For lots outside of a Watershcd Protcction Ovcrlay District(scc Section 1.2), the minimum usablc lot ar o
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
/10,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usablc lot arca of at(cast 10,000 squarc fcct..
65. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
Subdivisions,-utilizing felleMMng the conventional design process,-and proposing private roads are subject to
larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to
Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards.
87. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
Orange County, North Carolina—Unified Development Ordinance Page 3-9
Article 3: Base Zoning DistriFq
Section 3.3: Residential Distric s
R.3 DIMENSIONAL AND RATIO STANDARDS
MEDIUM INTENSITY Standard Lot
Size-
RESIDENTIAL Lot Size, min. Conventional
(square feet) Subdivision 15,000
Process
(Section
7.12 :
Proposed Allowable
Open
Lot Size— Space Minimum
Flexible Lot Size
Development within (sq.ft.):
Subdivision subdivision:
Process 50-59% 15,000
(Section
7.12): 60%and 10.000
over
Standard Lot
Width—
Conventional
PURPOSE Subdivision 100
Process(Section
7.12):
Lot Width, min.
(feet) Flexible
Development
Subdivision
Process—Lot 70
The purpose of the Medium Intensity Residential (R- width (Section
3) District is to provide locations for moderate 7.12)
intensity residential development and supporting
recreational, community service and educational
uses in areas where urban services are available or Front Setback from
are to be provided as part of the development ROW, min. (feet) 30[1]L61
process.
Corner Side
Setback, min. 30[2]L6]
(feet)
Side Setback, min.
APPLICABILITY (feet) 15[1] [6]
This district will usually be applied where the
following conditions exist: Rear Setback, min.
1. Designated by the adopted Comprehensive Plan
(feet) 15[1] [6]
as a Transition Area,which can reasonably be
expected to be annexed by a municipality in the
ensuing 10-20 years.
2. Water and sewer lines should exist at site or be
assured of installation as part of the development Height, max. (feet) 25 [3]
process.
3. Vehicular access must consist of direct access to
a street classified as either arterial or collector as
desisnated b the adopted Comprehensive Plan.
DIMENSIONAL STANDARDS NOTES: R-CU 4 .100
Floor Area Ratio,
[1]Accessory structures shall not be erected in any NR .088 5
required front open space and shall also conform to max. NR-CU .100 5
Orange County, North Carolina—Unified Development Ordinance Page 3-10
Article 3: Base Zoning Distrisg
Section 3.3: Residential Distric s
all other regulations. Required Open R-CU NR- .80
[2]Any corner lot having an abutting interior lot on Space Ratio, min. CU
its side street shall observe a front yard setback NR .81
from both streets provided, however, that this Required Livability
requirement does not reduce the width suitable for a Space Ratio, min. R-CU .65
building on said lot to less than 25 feet. (See Required R .074
graphic in Section 6.2.7). Recreation Space
[3]Two feet of additional height shall be allowed for Ratio, min. R-CU .077
one foot increase of the required front and side
NR-
setbacks. Gross Land Area, R-CU NR- 30,000
[4] R=residential, NR= non-residential, CU = min. (square feet) CU
conditional use. NR .203
[5] Permitted non-residential uses existing as of
5/6/98 shall be limited to a maximum floor area ratio
of.141 in the RB,AR, R-1, R-2, R-3, and R-4 Required
zoning districts. Pedestrian/
[6] Required setbacks for lots created through the Landscape Ratio, NR-CU .20
Flexible Design Subdivision process, as detailed in min.
Section 7.12 of this Ordinance, may be reduced by
25%with the preservation of more than 33%open
space for the project. Under no circumstances shall
an required setback be less than 10 feet.
R-3 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-3 District in Section 5.2, unless a Conditional Use(CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 15,000 square feet, the density permitted on a given parcel is based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a
breakdown of the allowable density(i.e., the number of individual dwellings that can be developed on a
parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District(ccc Section 1.2), the minimum usablc lot ar a
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
/10,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 10,000 square feet. 12
65. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
Subdivisions utilizing,following the conventional design process and/ proposing private roads are subject
to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to
Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards.
g7. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
12 Staff is recommending the provision be deleted entirely. The district requires a minimum lot area of 15,000
sq.ft.and 'service' by sewer. Existing language is inconsistent with the intent of the district and established
minimum lot area.
Orange County, North Carolina—Unified Development Ordinance Page 3-11
Article 3: Base Zoning Distris
Section 3.3: Residential Distric s
R-4 DIMENSIONAL AND RATIO STANDARDS
MEDIUM INTENSITY Standard Lot
Size-
RESIDENTIAL Lot Size, min. Conventional
(square feet) Subdivision 10,000
Process
(Section
7.12 :
Proposed Allowable
Lot Size Open
Flexible Space Minimum
Development within Lot Size
Subdivision subdivision: (sq.ft.):
Process
(Section 60%and 10,000
7.12): over
PURPOSE Lot Width, min. 75
(feet)
The purpose of the Medium Intensity Residential (R-
4) District is to provide locations for moderate Front Setback from
intensity residential development and supporting ROW, min. (feet) 25[1]
recreational, community service and educational
uses in areas where urban services are available or
are to be provided as part of the development Corner Side
process. Setback, min. 25[2]
(feet)
APPLICABILITY Side Setback, min. 10[1]
(feet)
This district will usually be applied where the
following conditions exist: Rear Setback, min.
1. Designated by the adopted Comprehensive Plan
(feet) 10 [1]
as a Transition Area,which can reasonably be
expected to be annexed by a municipality in the
ensuing 10-20 years.
2. Water and sewer lines should exist at site or be
assured of installation as part of the development Height, max. (feet) 25 [3]
process.
3. Vehicular access must consist of direct access to
a street classified as either arterial or collector as
desisnated b the adopted Comprehensive Plan.
DIMENSIONAL STANDARDS NOTES: R-CU 4 .141
Floor Area Ratio,
[1]Accessory structures shall not be erected in any NR .123 5
required front open space and shall also conform to max. NR-CU .141 5
all other regulations. R-CU NR-
[2]Any corner lot having an abutting interior lot on Required Open CU .78
its side street shall observe a front yard setback Space Ratio, min. NR 79
from both streets provided, however, that this Required Livability
requirement does not reduce the width suitable for a R-CU .54
Space Ratio, min.
building on said lot to less than 25 feet. (See
graphic in Section 6.2.7). Required R 111
[3]Two feet of additional height shall be allowed for Recreation Space
R-CU .114
one foot increase of the required front and side
Ratio, min.
setbacks. Gross Land Area, R-CU NR- 15,000
[4] R=residential, NR= non-residential, CU = min. (square feet) CU
conditional use. Required NR .198
[5] Permitted non-residential uses existing as of Pedestrian/ NR-CU .195
Orange County, North Carolina—Unified Development Ordinance Page 3-12
Article 3: Base Zoning DistriFq
Section 3.3: Residential Distric s
5/6/98 shall be limited to a maximum floor area ratio Landscape Ratio,
of.141 in the RB,AR, R-1, R-2, R-3, and R-4 min.
zoning districts.
[6] Required setbacks for lots created through the
Flexible Design Subdivision process, as detailed in
Section 7.12 of this Ordinance, may be reduced by
25%with the preservation of more than 33%open
space for the project. Under no circumstances shall
any required setback be less than 10 feet.
R-4 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-4 District in Section 5.2, unless a Conditional Use(CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 10,000 square feet, the density permitted on a given parcel is based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a
breakdown of the allowable density(i.e., the number of individual dwellings that can be developed on a
parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. For lots outcidc of a Watcrchcd Protcction Ovcrlay District(ccc Scction 1.2), the minimum usablc lot ar o
for lots that utilizc ground absorption wastcwatcr systcms shall be 30,000 squarc fcct for parccls bctwccn
/10,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 10,000 square feet. 13
55. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
I 76. Subdivisions utilizing,following the conventional design process andproposing private roads are subject
to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to
Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards.
g7. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
13 Staff is recommending the provision be deleted entirely. The district requires a minimum lot area of 10,000
sq.ft.and 'service' by sewer. Existing language is inconsistent with the intent of the district and established
minimum lot area.
Orange County, North Carolina—Unified Development Ordinance Page 3-13
Article 3: Base Zoning Distri
Section 3.3: Residential Distric s
R.5 DIMENSIONAL AND RATIO STANDARDS
HIGH INTENSITY RESIDENTIAL Lot Size, min. (square
7,500
feet)
PURPOSE Lot Width, min. (feet) 50
The purpose of the High Intensity Residential (R-5) District is to
provide locations for high intensity residential development and
supporting recreational community, service, or educational uses Front Setback from 20 [1]
in areas where the full range urban services are available. ROW, min. (feet)
It is further intended that these districts be used to promote
economically mixed housing developments and to contribute to Corner Side Setback, 20 [2]
the provision of a range of housing types for lower income min. (feet)
households.
APPLICABILITY Side Setback, min. 10 [1]
(feet)
This district will usually be applied where the following
conditions exist: Rear Setback, min.
1. Designated by the adopted Comprehensive Plan as a
(feet) 10 [1]
Transition Area which can reasonably be annexed by a
municipality in the ensuing 10-20 years, or within the Chapel Hill
Joint Planning Area located at an Activity Node designated by
the adopted Comprehensive Plan.
2. Water and sewer lines should exist at site or be assured of
installation as part of the development process.
3. Vehicular access must consist of direct access to a street Height, max. (feet) 25 [3]
certified either arterial or collector as designated by the adopted
Comprehensive Plan.
4. The full range of urban services exist or are proposed at the
time of the development including fire, police, recreation,
education, commercial and cultural activities.
R[4] 174
Floor Area Ratio, max. NR
R-CU .200
DIMENSIONAL STANDARDS NOTES: NR-CU
[1]Accessory structures shall not be erected in any required R NR .77
front open space and shall also conform to all other regulations. Required Open Space
[2]Any corner lot having an abutting interior lot on its side street Ratio, min. R CU�NR 76
shall observe a front yard setback from both streets provided, Required Livability R R
however,that this requirement does not reduce the width .52
Space Ratio, min. CU
suitable for a building on said lot to less than 25 feet. (See
graphic in Section 6.2.7). Required Recreation R .197
[3]Two feet of additional height shall be allowed for one foot Space Ratio, min. R-CU .200
increase of the required front and side setbacks. Gross Land Area, min. R-CU NR
[4] R=residential, NR=non-residential, CU =conditional use. (square feet) CU 10,000
Required Pedestrian/ NR .195
Landscape Ratio, min. NR-CU .19
R-5 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-5 District in Section 5.2, unless a Conditional Use(CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 3-14
Article 3: Base Zoning Distri�j�
Section 3.3: Residential Distric s
3. While the Minimum Lot Size may be 7,500 square feet, the density permitted on a given parcel is based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a
breakdown of the allowable density(i.e., the number of individual dwellings that can be developed on a
parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
6. For lots outsidc of a Watcrshcd Protcction Ovcrlay District(ccc Scction 1.2), the minimum usablc lot ar
for lots that utilizc ground absorption wastcwatcr systcms shall be 30,000 squarc fcct for parccls bctwccn
/10,000 squarc fcct and 1.99 acrcs in sizc; zoning lots two acrcs and gr atcr in sizc shall havc a minimum
usable lot area of at least 10,000 square feet
65. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
I 76. Subdivisions utilizing,following the conventional design process andproposing private roads are subject
to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to
Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards.
87. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
Orange County, North Carolina—Unified Development Ordinance Page 3-15
Article 3: Base Zoning DistriFis
Section 3.3: Residential Distric s
R-8 DIMENSIONAL AND RATIO STANDARDS
HIGH INTENSITY RESIDENTIAL Lot Size, min. (square 5 100
feet)
PURPOSE Lot Width, min. (feet) 50
The purpose of . e High Intensity Residential (R-8) District is to
provide locations .r high intensity residential development and
supporting recreati. al community, service, or educational uses Front Setback from
in areas where the fu range urban services are available. ROW, min. (feet) 20 [1]
It is further intended that ese districts be used to promote
economically mixed housing developments and to contribute to Corner Side Setba' , 20 [2]
the provision of a range of h. sing types for lower income min. (feet)
households.
APPLICABILITY Side Setbac , min. 8[1]
(feet)
This district will usually be applied w -re the following
conditions exist: Rear -tback, min.
8 [1]
1. Designated by the adopted Comprehen .ve Plan as a (feet
Transition Area which can reasonably be an -xed by a
municipality in the ensuing 10-20 years, or wit the Chapel Hill
Joint Planning Area located at an Activity Node .-signated by
the adopted Comprehensive Plan.
2. Water and sewer lines should exist at site or be as red 6
installation as part of the development process.
3. Vehicular access must consist of direct access to a :tre- Height, max. (feet) 25 [3]
certified either arterial or collector as designated by t - adopted
Comprehensive Plan.
4. The full range of urban services exist or are oposed at the
time of the development including fire, police, ecreation,
education, commercial and cultural activitie .
R[4] 246
Floor Ar_. Ratio, max. NR
R-CU .283
DIMENSIONAL STANDARDS NOT NR-CU
[1]Accessory structures shall not b- erected in any required R NR .75
front open space and shall also c• form to all other regulations. Required Ope Space
[2]Any corner lot having an ab ing interior lot on its side street
Ratio, min. R CUU NR .74
shall observe a front yard set..ck from both streets provided, Required Livability R .49
however,that this requirem= t does not reduce the width
suitable for a building on s:id lot to less than 25 feet. (See Space Ratio, min. R-CU 48
graphic in Section 6.2.7 Required Recreation R .296
[3]Two feet of additio :I height shall be allowed for one foot Space Ratio, min. R-CU .299
increase of the requi -d front and side setbacks.
[4] R=residential, R=non-residential, CU =conditional use. Gross Land Area, min. R U NR 7,000
(square feet) •
Required Pedestrian/ N .088
Landscape Ratio, min. NR-C .185
R-8 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-8 District in Section 5.2, unless a Conditional Use U)
or MPD-CZ District is approved (see Section 3.8).
2 Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 3-16
Article 3: Base Zoning Distrij�
Section 3.3: Residential Distric s
3. While the Minimum Lot Size may be 5,000 square feet, the density permitted on a given parcel is based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a
breakdown of the allowable density(i.e., the number of individual dwellings that can be developed on a
parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
6. For lots outsidc of a Watcrshcd Protcction Ovcrlay District(ccc Scction 1.2), the minimum usablc lot ar
for lots that utilizc ground absorption wastcwatcr systcms shall be 30,000 squarc fcct for parccls bctwccn
/10,000 squarc fcct and 1.99 acrcs in sizc; zoning lots two acrcs and gr atcr in sizc shall havc a minimum
usable lot area of at least 10,000 square feet.
65. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
I 76. Subdivisions utilizing-feRe the conventional design process and proposing private roads are subject
to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to
Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards.
87. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
Orange County, North Carolina—Unified Development Ordinance Page 3-17
Article 3: Base Zoning Distri�j
Section 3.3: Residential Distric s
■ -13 DIMENSIONAL AND RATIO STANDARDS
HIGH INTENSITY RESIDENTIAL Lot Size, min. (square 3,00
feet)
PURPOSE Lot Width, min. (feet) 50
The purpose o he High Intensity Residential (R-13) District is
to provide locati.Is for high intensity residential development
and supporting rec -ational community, service,or educational Front Setback from 20 [1]
uses in areas where e full range urban services are available. ROW, min. (feet)
It is further intended tha' hese districts be used to promote
economically mixed housi ; developments and to contribute to Corner Side Setbac:, 20 [2]
the provision of a range of h.using types for lower income min. (feet)
households.
APPLICABILITY Side Setback, in. 8[1]
(feet)
This district will usually be applied w -re the following
conditions exist: Rear S: sack, min.
8 [1]
1. Designated by the adopted Comprehe ive Plan as a (feet)
Transition Area which can reasonably be an'exed by a
municipality in the ensuing 10-20 years, or wit 'n the Chapel Hill
Joint Planning Area located at an Activity Node .-signated by
the adopted Comprehensive Plan.
2. Water and sewer lines should exist at site or be as ured o
installation as part of the development process.
3. Vehicular access must consist of direct access to a e- Height, max. (feet) 25 [3]
certified either arterial or collector as designated by th- adop':d
Comprehensive Plan.
4. The full range of urban services exist or are s oposed at the
time of the development including fire, police, r-creation,
education, commercial and cultural activities
R[4] .348
Floor Are. Ratio, max. R-CU
DIMENSIONAL STANDARDS NOT NR CU .400
[1]Accessory structures shall not b• erected in any required
front open space and shall also c'nform to all other regulations. Required Ope Space R R-CU 72
[2]Any corner lot having an ab ing interior lot on its side street Ratio, min. NR CU
shall observe a front yard sets.ck from both streets provided, Required Livability R .45
however,that this requirem: t does not reduce the width Space Ratio, min. R-CU .44
suitable for a building on :id lot to less than 25 feet. (See Required Recreation .494
graphic in Section 6.2.7 .
[3]Two feet of additio .I height shall be allowed for one foot Space Ratio, min. R-CU 497
increase of the requi -d front and side setbacks. Gross Land Area, min. R- U NR- 5,000
[4] R=residential, R=non-residential, CU =conditional use. (square feet) •U
Required Pedestrian/ NR-C. 18
Landscape Ratio, min.
R-13 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-13 District in Section 5.2, unless a Conditional Us- CU)
or MPD-CZ District is approved (see Section 3.8).
2. Non-residential uses are permitted only as a Conditional Use(CU) District in the R-13 district.
Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
Orange County, North Carolina—Unified Development Ordinance Page 3-18
Article 3: Base Zoning Distri�j
Section 3.3: Residential Distric s
and all applicable development standards detailed in Article 6 of this Ordinance.
4. The density permitted on a given parcel is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of
individual dwellings that can be developed on a parcel of property).
5. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
6. For lots outsidc of a Watcrshcd Protcction Ovcrlay District(ccc Scction 1.2), the minimum usablc lot ar
for lots that utilizc ground absorption wastcwatcr systcms shall be 30,000 squarc fcct for parccls bctwccn
/10,000 squarc fcct and 1.99 acrcs in sizc; zoning lots two acrcs and gr atcr in sizc shall havc a minimum
usable lot area of at least 10,000 square feet..
76. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
g7. Subdivisions utilizing-feRe the conventional design process and proposing private roads are subject
to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to
Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards.
�8. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
Orange County, North Carolina—Unified Development Ordinance Page 3-19
Article 4: Overlay Zoning Districs�
Section 4.2: Watershed Protection
on which they are to be situated and to avoid the following environmentally sensitiv-
areas:
(1) Stream buffer zones as required by Section 6.13;
(2) Wetlands as defined by the U.S. Army Corps of Engineers;
(3) Land with slopes greater than 15%; and
(4) Natural areas as identified in the Inventory of Natural Areas an. ildlife Habitats
of Orange County, NC.
(B) To :void creating lots that will be difficult to build upon in complianc'• with the standards
of thi° Section, the preliminary plan shall show proposed building '-nvelopes and
appro ate driveway locations for all lots within subdivisions.
(1) A oning compliance permit shall not be issued for th- construction of buildings
or • iveways outside the areas so designated on th- preliminary plan unless the
Plan •ng Director makes a written finding that the •roposed location complies
with th: provisions of this Section and Sections . 13 (Stream Buffers) and 6.14
(Storm :ter Management).
4.2.8 Modifications of the Imper ious Surface Ratio
Modifications of the Impervious urface Ratios may be r-quested through one of the following
provisions:
(A) Through variance procedur of the Board • Adjustment, as described in Section 2.10.
(B) Through approval and record. on of a c• servation agreement, as provided in Article 4
of Chapter 121 of the N.C. Gen- al Sta tes, between Orange County and a land owner
that prohibits development of Ian. 'n . protected watershed in perpetuity, subject to the
following:
(1) A modification of the req 'red pervious surface ratios may be approved
administratively but onl to the - tent that additional land in the same watershed
is conserved or prote ed from de elopment.
(2) The land which will •e subject to a conservation agreement must be adjacent to
the land propose. for development an for which a modification of the
impervious surf. e ratios is sought.
(a) As :n example, a person ownin. a 40,000 square foot lot and subject
t• a 12% impervious surface ratio ould be limited to 4,800 square feet
of impervious coverage. If the pers. 's plans called for 5,500 square
feet of coverage (a difference of 700 -•uare feet), the recording of a
conservation easement on 5,833 squar: feet of contiguous property
would satisfy the impervious surface ratio equirements. (12% of 5,833
square feet is 700 square feet.)
(b) The conservation easement shall describe the property restricted in a
manner sufficient to pass title, provide that its r= trictions are
covenants that run with the land and, be approved in form by the
County Attorney.
(c) The conservation easement shall, upon recording, be 'n the place of a
first priority lien on the property (excepting current ad v. orem property
taxes) and shall remain so unless, with the approval of 0 .nge County,
it is released and terminated.
(d) Orange County shall require the priority of the conservation easement
to be certified by an attorney-at-law, licensed to practice law in e
State of North Carolina and approved to certify title to real prope .
Orange County, North Carolina—Unified Development Ordinance Page 4-9
Article 4: Overlay Zoning Distriqs?
Section 4.2: Watershed Protection
(e) Orange County approval of a release or termination of the
conservation agreement shall be declared on the document releasing
or terminating the agreement. The document shall be signed by the
Orange County Manager, upon approval of the Board of County
Commissioners. No such document shall be effective to release or
terminate the conservation agreement until it is filed for registration
with the Register of Deeds of Orange County.
(C) Through the installation of a stormwater feature, consistent with the minimum design
standards as detailed within the State BMP Manual.
(1) The proposed feature must be recognized by Orange County and the State as
allowing for an increase in impervious surface area through an infiltration
stormwater feature.
(2) Under no circumstances may impervious surface area be increased by more
than 3% of the total allowable area on the subject parcel through this process.
(3) The property owner shall provide a stormwater assessment, completed by a
licensed engineer, of the current property identifying its infiltration rates and
carrying capacity as well as a comprehensive soil assessment for the property.
(4) The development/design of the feature shall be in accordance with established
design criteria as embodied within the State stormwater manual and shall be
completed by a licensed engineer with exp expertisel4 in stormwater
management. Additional allowable impervious surface area shall be based on the
soil composition of the property consistent with State regulations.
(5) The property owner shall be responsible for the completion and submission of a
stormwater operation/maintenance and access agreement detailing the perpetual
maintenance, inspection, and upkeep of the approved BMP in accordance with
County and State regulations.
The Planning Director shall cause an analysis to be made of the agreement by
qualified representatives of the CointyCountv10 and other agencies or
offficialc,officials10 as appropriate. Once approved, the document shall be
recorded in the Orange County Registrar of Deeds office.
The property owner assumes all financial and legal responsibility for the
perpetual maintenance and upkeep of the approved BMP.
(6) The property owner shall assume all costs associated with the preparation and
recordation of new plat(s)/development restrictions detailing the allowable
impervious surface limit(s) for the property after the BMP has been approved by
the County.
(7) The property owner, at its cost and expense, shall be required to execute and file
with the County a bond, or other form of acceptable security, to cover the cost of
removal of a BMP, and any additional impervious surface area installed as the
result of its approval, in the event the BMP is failed to be maintained in
accordance with the recorded operations agreement. The amount of the bond
shall be 110% of the estimated cost of removing the feature and impervious
surface area as certified by a licensed professional engineer or surveyor.
14 Correction of typo.
Orange County, North Carolina—Unified Development Ordinance Page 4-10
Article 4: Overlay Zoning DistriFp
Section 4.2: Watershed Protection
4.2.9 Water Supply/Sewage Disposal Facilities
TABLE 4.2.9:WATER SUPPLY/SEWAGE DISPOSAL FACILITIES
DISTRICT WATER SUPPLY/SEWAGE DISPOSAL
Water supply and sewage treatment systems shall be limited to individual wells and on-site
UNIV-CA septic tanks systems or individual on site alternative disposal systems. No off site system
UNIV-PW shall be permitted.
No new trc■atmcnt syctcm will be permittcd whcrc cfflucnt disposal occurs on a ccparatc lot
from the source of wactcwatcr gcncration; providcd, howcvcr, off sitc systems shall bo
permitted in all Watershed Overlay Districts except the University Lake Protected
All Other Watershed subdivision approved in accordance with Section 7.13 of this Ordinance.
Overly Districts
Off-site individual septic systems associated with a Flexible Development Option
Subdivision as outlined in UDO Section 7.12 must be contained within Common Open
Space and approved by Orange County Environmental Health Department.16
New septic tanks and their nitrification fields shall be located outside of any stream • ers,
V-CA or 300 feet from a reservoir or perennial or intermittent stream as shown on the ," GS
Quadrangle maps, whichever is further
New septic tanks, pump tanks and their appurtenances shall be loc- -d outside of any
-am buffers and at least 100 feet from a perennial or intermi - t stream as shown on the
CANE CA US Quadrangle maps, and at least 150 feet from a res--,oir.
U ENO CA New nitre ...tion fields shall be located outside of any -am buffers and at least 100 feet
from a peren or intermittent stream as shown •• e USGS Quadrangle maps, and at
least 300 feet fro reservoir.
Water supply and sewage -.tment tems shall be limited to individual wells and septic
CANE-PW tanks or individual on-site alter e disposal systems; provided however, off-site systems
CANE-CA shall be permitted when loc. -: in a exible Development subdivision approved in
U-ENO-CA accordance with Sectio .13 of this Or. '.nce.
UNIV-PW
CANE-PW
U-ENO-PW
HYCO PW -w septic tanks and their nitrification fields shall be located outsi•- of any stream buffers
LITTLE PW and at least 100 feet from a perennial or intermittent stream as shown •• the USGS
BACK PW Quadrangle maps.
HAW-P
JORD ' -PW
NO-PW
FLAT-PW
15 There will need to be a comprehensive re-assessment of these provisions in light of new septic/well
development standards initiated by the State. For the time being staff is recommending basic modification to
ensure clarity as well as the promotion of the new Flexible Development options as detailed in this amendment
package.
16 In consultation with both the County Attorney's office and Environmental Health it was decided existing
language is no longer applicable given recent changes in State law. Existing language could also have been
interpreted as pre-empting Environmental Health's permit authority,which it cannot do.
Orange County, North Carolina—Unified Development Ordinance Page 4-11
Article 4: Overlay Zoning Districi
Section 4.8: Stoney Creek Basin
area's remaining rural character and is proposed to have the lowest average
development densities in the future. The current character of the area is idential
development on relatively large lots, with a considerable number cons, ing of large
developed tracts (both open and forested), and active farm land. he Lower Intensity
are; lies mostly in the central and southern part of the study ar--. A portion also extends
north . 1-85 in the undeveloped area east of Strayhorn Hills t contains 2502 acres, 725
of which . - contained in Duke Forest or the Stoney Cre=' wildlife corridor.
(B) Intermediate ensity Development Area
The Intermediate In : sity Development Area cludes land designated as intermediate
intensity area in the St.'ey Creek Basin S ►.II Area Plan. The Intermediate Intensity
area is intended to provide - transition •-ween higher and lower intensity areas. It is
envisioned as being predomin: tly r- idential with density being determined in large part
by the character of existing dever.•ment. The Intermediate Intensity area contains 1205
acres, and includes the existi • resi•-ntial developments of Strayhorn Hills and
Wyngate, areas bordering •niversity St. 'on Road along the eastern side of the Plan
area, and area west of 'C 86 adjacent to t• - 1-40/Old NC 86 Economic Development
District.
(C) Higher Intens- Development Area
The High- Intensity Development Area includes land de mated as higher intensity area
in the oney Creek Basin Small Area Plan and is generally nonymous with areas
de.•gnated in the Land Use Element of the Comprehensive Pla' as Ten- or Twenty-Year
ransition Area. In the future, land within the Higher Intensity area kill likely be annexed
into the municipalities of Hillsborough or Durham. A mix of land uses •ossible. The
Higher Intensity area contains 699 acres, most of which lies in the weste • and
northwestern parts of the Stoney Creek Basin Plan Area, with one smaller p• ion
situated on the eastern tip of the area adjacent to the 1-85/US 70 Economic De 'lopment
District.
4.8.4 Applicable Regulations Pertaining to Flexible Developments
Flexible Development regulations contained in Section 7. shall apply within the Stoney
Creek Basin Overlay District, except as indicated in the Table below:
TABLE 4.6.4:VARIATIONS FROM FLEXIBLE DEVELOPMENT PROVISIONS OF SECTION 7. APPLICABLE IN
STONEY CREEK BASIN OVERLAY DISTRICT
DEVELOPMENT AREA
STANDARD LOWER INTENSITY INTERMEDIATE INTENSITY HIGHER INTENSITY
Active recreation area 50%of active recreation area may be included in open
Calculation of Open Space may not be included in space calculations, per Section 7.12.47.13.3 of this
open space Ordinance
calculations
Number of 33.1 50.0% One additional dwelling unit per two acres of open space above 33%
Bonus O•en S•ace
Units 50+% One additional dwelling unit per two acres of open space between 33% and 50%, plus
O•en S•ace one additional dwelling unit •er acre of o•en s•ace above 50%
Bonus units may not
be located in the
Lower Intensity Bonus units may be located in Bonus units may only be
Development Areas, a flexible development in the located in a flexible
Location of Bonus Units but may be located in Intermediate Intensity or development in the Higher
a flexible development Higher Intensity Development Intensity Development
in the Intermediate Areas. Area.
Intensity or Higher
Intensity Development
Areas.
Orange County, North Carolina—Unified Development Ordinance Page 4-19
Article 4: Overlay Zoning DistriM
Section 4.8: Stoney Creek Basin
TABLE 4.6.4:VARIATIONS FROM FLEXIBLE DEVELOPMENT PROVISIONS OF SECTION 7. APPLICABLE IN
STONEY CREEK BASIN OVERLAY DISTRICT
DEVELOPMENT AREA
STANDARD LOWER INTENSITY INTERMEDIATE INTENSITY HIGHER INTENSITY
Village Option Village option not Village option permitted, but Village Proper limited to 50
.ermitted. acres.
(1) Bonus units do not apply to Minor Subdivisions utilizing the Flexible Development Conservation Cli uster design Option
Orange County, North Carolina—Unified Development Ordinance Page 4-20
150
ARTICLE 7: SUBDIVISIONS
SECTION 7.1• GENERAL PROVISIONS
7.1.1 •urpose
(A The purpose of this Article is to guide and regulate the subdivision of Ian. within Orange
County, for sale or building development, in order to:
1) Ensure the public health, safety, and welfare;
(2 Provide for the sound use of land;
(3) Ensure adequate planning of street systems;
(4) .void overcrowding of land;
(5) Pr- ent fire, panic, and other dangers;
(6) Ensur: that water and sewage systems are s.fe and adequate;
(7) Prevent sod damage;
(8) Facilitate a orderly use of land;
(9) Ensure the proper legal description . d monumenting of subdivided land; and
(10) Encourage the prc ser manageme► of Orange County's natural resources.
(B) It is the expressed purpose s' this Artic to provide for, in addition to the above, the
protection of water resources i Oran se County, through the use, alone or in
combination, of buffer zones, va i lot sizes, slope restrictions, vegetation, or other
equally effective techniques. Inno -tive techniques on the part of the developer are
encouraged where these technic e an be shown to be as effective as the specific
requirements of the Article.
7.1.2 Jurisdiction and Applicability
(A) In accordance with the '4orth Carolina Gener. Statutes, no person may subdivide their
land within the planning jurisdiction of Orange •.unty except in accordance with the
provisions of this 0 :inance.
(B) No subdivision stall be recognized by the Planning Department until a final plat of the
subdivision ha seen approved and signed by the Pla ing Director and recorded in the
Orange Cou y Register of Deeds Office, including the :cordation of any additional
documenta on required by this Ordinance.
(C) As proviced in North Carolina General Statutes, the Orange ounty Review Officer shall
not ce ify a plat of any subdivision within the County's subdivi '.n jurisdiction unless the
plat r.s been approved in accordance with the provisions of this •rdinance.
7.1.3 Complia'ce with Plans and Other Applicable Regulations
All subsivisions shall comply with applicable general provisions, standards, and policies outlined
with this Ordinance and the Orange County Comprehensive Plan, as well as wit any special
pl. ning studies, small area plans, corridor plans, or special planning studies appro -d or
.'opted by the Board of County Commissioners.
SECTION ION 7.2: CLASSIFICATION OF SUBDIVISIO
S 'divisions shall be classified as Exempt, Minor, or Major, in accordance with the provisions of this
:ection. Review procedures for all subdivisions are contained in Article 2.
Orange County, North Carolina—Unified Development Ordinance Page 7-1
Article 7: Subdivision
Section 7.2: Classification of Subdivisions
7.2. Exempt Subdivisions
(A) In accordance with North Carolina General Statutes, the following activi do not
■ stitute a subdivision and are expressly exempt from established iew and approval
proc- es, provided that the property's exempt status is confir r . in accordance with
the proceb res detailed in Article 2:
(1) The co ation or recombination of portio _ of previously subdivided and
recorded lot the total number of lots of increased and the resultant lots are
equal to or excee. e standards o e County, including private road
justification standards, deta. -: within this Ordinance.
(2) The division of land into s.rc- greater than ten acres if no street right-of-way
dedication is involv-s.
(3) The public a s isition by purchase of str b of land for widening or opening
streets.
(4) Ts division of a tract in single ownership of the enti .rea of which is no greater
than two acres into not more than three lots, if no street r it-of-way dedication is
involved and if the resultant lots are equal to or exceed the st.•cards of the
County as detailed within this Ordinance.
:) Exempt subdivision shall be required to meet all applicable requirements for the . ting
of zoning and building permits.
7.2.2 Minor Subdivisions
A subdivision shall be classified as "minor" if it does not:
(A) Create more than
(1) Wive lots, including the residual acreage, following the Conventional subdivision
design model; or
44}(2) Twkelve lots, including the residual acreage, following the Flexible Development
subdivision design model from any one tract of land in any ten year period.-17
(B) Dedicate or improve any new public street other than widening an existing public street;
(C) Extend public water and/or sanitary sewerage systems other than laterals to serve
individual lots; and
(D) Necessitate the installation of drainage improvements which would require easements
through one or more lots to serve other lots.
7. .' ajor Subdivisions
(A) A -.'.r subdivision is any subdivision that is not an Exempt or •. subdivision, as
classified i _ 'sections 7.2.1 and 7.2.2. Major subdivi - are further classified as
follows:
(1) Major Subdivision, Stoner:-
All subdivision classified as an Ex- Subdivision; Minor Subdivision;
Major _..ivision, Class A Special Use; or Majo _ 'division, Conditional Use.
(2 Major Subdivision, Class A Special Use, Rural Designates
17 As proposed by staff there will be different thresholds for what constitutes a minor subdivision based on the
design process followed by the subdivider. In this case we want to promote/encourage the use of the Flexible
Development design process and will allow more lots to be created through that process.
Orange County, North Carolina—Unified Development Ordinance Page 7-2
Article 7: Subdivisio
Section 7.3: Phasing of Major Subdivisions
A tract of land in a Rural Designated area on the Growth Maria.- ent System
map that is proposed fora subdivision of 21-40 lots.
(3) Major Subdivision, Class A Special Use, Urban D- ignated
A tr.. of land in an Urban Designated area o. e Growth Management System
map tha .roposed for a subdivision of -79 lots.
(4) Major Subdivis : I Conditional e, Rural Designated
A tract of land in a Rura -: gnated area on the Growth Management System
map that is proposed f.-a s .:ivision of 41 or more lots.
(5) Major Subdivis-: , Conditional U = Urban Designated
A tract of :nd in an Urban Designated area . the Growth Management System
map -at is proposed for a subdivision of 80 or - lots.
(B) For th= surpose of determining whether a subdivision is a Major bdivision, Class A
S.-cial Use (Rural Designated or Urban Designated), or a Major Su.:. ision, Conditional
se District (Rural Designated or Urban Designated), the number of lots c :.ted shall be
determined by counting the cumulative number of lots created, through subdivi s, on a
tract or parcel of land as the boundaries of said tract or parcel of land existed in the d
Records of Orange County as of November 5, 2003.
SECTION 7.3: HASING OF SUBDIVISIONS
A major subdivision may be developed in phases, provided that:
(A) Each phase contains at least five lots, unless depicted on a phasing plan approved by the
Board of County Commissioners as part of the preliminary subdivision plat with the
express determination that the proposed phasing makes it unlikely that a subdivider
would willingly abandon a final phase that contains a required extension of a road or
other infrastructure;
(B) The degree and extent of road, water supply, sewage disposal, stormwater management,
erosion and sedimentation control, and other required improvements in the phase and
previously approved phases is sufficient to serve or handle all development within the
phase;
(C) The number of lots and amount of 100% of required open space in the phase and any
previously approved phases is proportionalshall be dedicated with the recordation of the
first lot; and
{C-)(D) A phasing plan showing the phases of development and the requirements of this
Ordinance that will be satisfied in each phase is approved by the Board of County
Commissioners as part of the preliminary plat.
A minor subdivision utilizing the Flexible Development Option may be developed in phases, provided that:
(A) The degree and extent of road, water supply, sewage disposal, stormwater management,
erosion and sedimentation control, and other required improvements in the phase and
previously approved phases is sufficient to serve or handle all development within the
phase;
(B) 100% of required open space shall be dedicated with the recordation of the first lot; and
{D}(C) A phasing plan showing the phases of development and the requirements of this
Ordinance that will be satisfied in each phase is approved by the Planning Director as
part of the final plat.
Orange County, North Carolina—Unified Development Ordinance Page 7-3
Article 7: Subdivisi9in
Section 7.4: Improvements and Performance Guarantees
SECTION 7.4: IMPROVEMENTS AND PERFORMANCE GUARANTEES
7.4.1 Generally
(A) Improvements prop.°_• by the subdivider o e uired by this Ordinance, shall be
constructed in accordance • e s --'lards and requirements provided in this
Ordinance.
(B) In those instances --re said improvements are :• ired to be constructed subsequent
to the appr• . of the Final Plat, plans and specifications aid improvements shall be
appr•. -• by the appropriate agency and reference to said impro■-••-nts shall be made
'part of the Final Plat.
.-.2 Improvements Required
(A) Subdividers are responsible for the construction, installation, and maintenance of
required improvements in accordance with the standards in this Ordinance in addition to
any applicable federal, state, or county standards to include, but not be limited to, the
following:
(1) All roads within the subdivision and improvements to existing roads required for
safe and adequate access to the subdivision;
(2) Road signs;
(3) Water supply and wastewater systems, other than individual wells and septic
tanks;
(4) Drainage facilities and easements;
(5) Stormwater management devices;
(6) Erosion and sedimentation control devices;
(7) Low-impact (passive) and active recreation amenities;
(8) Fire suppression management facilities;
(9) Common Open pace, RFecreation or Landscape management improvements,
areas, and facilities; and18
(10) Any other on- or off-site improvements required by this Ordinance or required at
the time of preliminary plat approval.
(B) If the subdivider records a plat for only a portion of the subdivision for which a preliminary
plat was approved, the improvements required to be constructed, installed, and
maintained in accordance with said recorded plat shall be those improvements that the
Planning Director deems necessary to serve the lots shown on the recorded plat.
7.-. Completion of Improvements
(A) _ -lanning Director shall not approve a final plat presented for =''l dation until:
(1) All re. -d improvements have been compl- -:, or
(2) Applicable perfor _- e uarant •ends has been evidenced in accordance
with the provisions detai : -in.
(B) An improvement sh. :- deemed completed on : -r the appropriate public agency has
certified tha • - improvement(s) has been installed in ac • •.nce with the approved
prel... .ry plat, the approved construction plan, and in accordan - h applicable
ederal, state, and county regulations.
Orange County, North Carolina—Unified Development Ordinance Page 7-4
Article 7: Subdivision
Section 7.4: Improvements and Performance Guarantees
(C) In lieu of certification from a public agency, the Planning Director is authorized to accept
certification from the applicant's licensed professional engineer or licensed professional
surveyor or other professional as authorized by the North Carolina General Statutes that
the improvements have been installed in accordance with all applicable standards.
7.4.4 Performance Guarantees
(A) Performance guarantees shall be required for the purpose of ensuring that
subdividers/19develeperE properly install all required subdivision improvements in a timely
manner, in accordance with approved plats and construction plans.
(B) The term of a performance guarantee shall not exceed two years. The Planning Director
may, for good cause and with the approval of the provider of the guarantee, grant
extensions of the term, with each such extension not to exceed one year.
(C) Performance guarantees must be in the form of a performance bond, irrevocable letter of
credit, or cash escrow account. The form of guarantee shall be determined by the
subdivider/ eloper.
(D) The performance guarantee shall be conditioned upon the performance of all work
necessary to complete the required subdivision improvements within the time period
specified at the time of preliminary plat or construction plan approval.
(E) The amount of the performance guarantee shall equal at least 125%of the estimated
cost, including project management costs, of the required improvements that have not
been installed by the time of final plat submittal.
(F) The estimated cost of required improvements, including project management costs, must
be itemized by improvement type and certified by the subdivider41-e-ve-Ispe-rls.licensed
professional engineer. In the case of minor subdivisions, the subdivider's licensed
professional engineer or licensed professional surveyor may provide the itemized cost
estimate. Cost estimates shall be based on industry norms within Orange County.
(G) If a subdivider/ eloper fails to properly install required improvements within the term of
the guarantee, the guarantee will be deemed in default. In the case of default, the County
is authorized to use the guarantee funds to complete the required subdivision
improvements or to let a contract for installation of the required improvements.
(H) Once the conditions of the performance guarantee have been completed to the
satisfaction of the appropriate agencies and any required maintenance guarantee has
been provided in accordance with the provisions of this Ordinance, the guarantee shall
be released.
(I) All improvements shall be completed in accordance with the conditions associated with
the approved plat(s)and the applicable standards contained in this Article. No financial
guarantee may be released until all required certifications of completion have been
provided.
(J) Once all of the required improvements have been at least 50% certified, the financial
guarantee may be reduced by the ratio that the completed improvements bear to the total
improvements required. However, only one such reduction shall be permitted prior to
releasing the entire performance guarantee.
7.4.5 Maintenance of Required Improvements
Improvements installed as a requirement of subdivision approval shall be maintained by the
subdivider/develops-r until they are accepted for maintenance by NCDOT, a utility provider, the
individual homeowner, or a Home Owners' or Property Owners' association.=
19 Staff is attempting to standardize terminology. We use the term'subdividers'and 'developers'interchangeably
but they can actually mean vastly different things. We are eliminating the use of the term 'developer' in Article 7
and relying solely on 'subdivider'.
Orange County, North Carolina—Unified Development Ordinance Page 7-5
Article 7: Subdivisio
Section 7.4: Improvements and Performance Guarantees
{A) For a public road, the North Carolina Department of Transportation;
{B) For utilities, the utility provider;
{C) For landscaping, the individual homeowners or a property owners' association; For a
private road and other community facilities such as recreation and stormwater
association or similar legal entity
7.4.6 Property Owners' Association
(A) Where a neighborhood, Property Oewners', or omeownersIs association
Association, or similar legal entity is to be responsible for the maintenance and control of
any improvements required as part of subdivision approval, the subdivider shall file, with
the Planning Department and record with the final plat, a declaration of covenants and
restrictions, articles of incorporation, where required, and/or by-laws as approved by the
County Attorney that will govern the maintenance and control of such improvements.
Provisions shall include but not be limited to the following:
(1) The association shall be established before any homes are sold and/or any
building occupied;
(2) Membership shall be mandatory for each home buyer and all successive buyers;
(3) The association shall be responsible for liability insurance, local taxes and
maintenance of recreation, Common Open Space areas, and other facilities,
including streets and utility lines;
(4) The homeowners must pay their pro rate' share of the costs, and any sums
levied by the association that remain unpaid shall become a lien on the individual
homeowner's property which shall be subordinate only to tax and mortgage liens;
(5) If all or any portion of the property held by the association is being disposed of, or
if the association is dissolved, adequate recreation space shall be deeded to
Orange County or the appropriate unit of local government to satisfy the public
recreation space required by this Ordinance;
(6) The lot owner of each dwelling unit or lot shall have voting rights in the
association; and
(7) The homeowners association shall be able to adjust any assessments to meet
changed needs.
(B) When articles of incorporation are required, they shall be submitted in the form in which
they will be filed with the North Carolina Secretary of State and, upon filing, a copy of the
articles of incorporation shall be provided to the Planning Department.
7.4.7 Assumption of Maintenance Responsibilities by Property Owner's Association
In those instances where a property owner's association, as detailed within subsection 7.4.6, is to
assume maintenance responsibility for improvements within the subdivision, the following process
shall be adhered to:
(A) The subdivider' er shall be required to submit to the Planning Department, in
writing, notification that he or she intends to transfer maintenance responsibilities to an
established property owner's association.
(B) The subdivider41-eve-l-ape shall coordinate and schedule a joint meeting with Planning
Department staff and property owner's association members and officers to review the
status of all required improvements and outline the association's perpetual maintenance
responsibility. The meeting shall take place at the Planning Department's office during
normal business hours.
Orange County, North Carolina—Unified Development Ordinance Page 7-6
Article 7: Subdivisio
Section 7.4: Improvements and Performance Guarantees
(C) The subdivider/developer shall prepare a document, to be approved in both form and
content by the Planning Department and County Attorney, outlining the current
conforming status of all required improvements and providing documentation that the
improvements have recently been inspected and certified as being compliant with federal,
state, and local regulations.
(D) Officers of the property owner's association shall review and sign the said document
confirming the association's obligation in the perpetual maintenance of all improvements
and facilities for which responsibility is being assumed.
(E) Said document shall, upon execution, be recorded with the Orange County Register of
Deeds, at the expense of the subdivider per, as formal recognition that
maintenance responsibilities have been assumed by the property owner's association.
(F) The Planning Department shall not release the subdivider eloper of maintenance
responsibilities, or authorize the release of performance guarantees, until this process is
completed.
7.4.8 Maintenance Guarantees—Public Roads
(A) Maintenance guarantees shall be required for the purpose of ensuring that roads that are
to be dedicated to the public are properly maintained, free from defects, between the time
of construction and the time of formal acceptance for maintenance by the North Carolina
Department of Transportation.
(B) A maintenance guarantee shall be in place before any required performance guarantee is
released or before any building permits are issued for subdivisions containing public road
improvements.
(C) Maintenance guarantees for public road facilities shall stipulate that the
subdivider' per will maintain all required public road improvements, drainage
improvements, and sedimentation and erosion control improvements to the standards of
this Ordinance until the public road improvements are added to the state-maintained road
system. The guarantee shall also state that the subdivider' er will be responsible
for correcting any defects that may arise during the maintenance period and shall remove
temporary sedimentation and erosion control measures.
(D) Maintenance guarantees shall be in the form of a performance bond, irrevocable letter of
credit, or cash escrow account and shall conform to the following:
(1) The amount of the guarantee shall be at least 15%of the total cost of
constructing the public road improvements (excluding the costs of clearing and
rough grading).
(2) The estimated cost of the required improvements must be itemized and certified
by the applicant's licensed professional engineer or licensed professional
surveyor, if the surveyor was the original preparer of the plans for the
subdivision.
(3) In the case of minor subdivisions, the subdivider's licensed professional engineer
or licensed professional surveyor may provide the itemized cost estimate.
(4) Cost estimates must be based on industry norms within Orange County.
(5) The Planning Director or Planning Board may require a higher guarantee amount
when deemed necessary to address higher potential correction costs due to the
subdivision's size and site characteristics, but in no event may the amount
exceed 25% of estimated construction costs.
(E) The guarantee shall have a term of two years and shall provide an option for annual
renewal if the subdivider' er has:
(1) Arranged for County inspection of the improvements,
Orange County, North Carolina—Unified Development Ordinance Page 7-7
Article 7: Subdivision ,
Section 7.5: Subdivision Agreemen's
(2) Submitted to the County an acceptable estimate of the costs necessary to correct
any deterioration or defects discovered by the inspection, and
(3) Increased the amount of the security by the amount of said estimate.
(F) The subdividerer shall pay a fee in accordance with the Fee Schedule adopted
by the Board of County Commissioners at the time of the initial posting of the guarantee
and for each subsequent renewal or extension to cover the County's administrative costs.
SECTION 7.5: SUBDIVISION AGREEMENTS
(A) The subdivider of all minor and major subdivisions shall record a subdivision agreement
outlining the limitations associated with the development of created lots at the Orange
County Register of Deeds at the same time the Final Plat is recorded.
(B) The purpose of the subdivision agreement is to provide detail on various development
limitations that will regulate the overall development of property consistent with the
approval of the subdivision.
(C) This subdivision agreement shall, at a minimum, outline the following development
criteria for property within the subdivision:
(1) Required development setbacks for lots within the project
(2) Impervious surface limits for the lots within the development
(3) The presence of identified environmental features (i.e. stream buffers, flood plain,
wetlands, etc) and an explanation on how development of the lot(s) is impacted
(4) The presence of identified cultural features listed by the North Carolina Heritage
Program, or identified in "An Inventory of Sites of Cultural, Historic, Recreational,
Biological, and Geological Significance in the Unincorporated Portions of Orange
County" or"Inventory of the Natural Areas and Wildlife Habitats of Orange
County, North Carolina
(5) Identification of soil and septic limitations, if any, for each lot
(6) Access restrictions for the project and individual lots
(7) Limitations on land uses
(8) Maintenance requirements for all roadways as well as references to the project's
road maintenance agreement, if required.. and
{8(9) Maintenance requirements for all Common Open Space areas.
SECTION 7.6: GENERAL DESIGN STANDARDS
The avoidance of congestion and overcrowding and the creation of conditions essential to public health,
safety and the general welfare may be best accomplished through the application of design standards
providing for the distribution of population and traffic, safe and coordinated street systems, approved
water supply and sewage disposal systems, usable lots and conformance to plans for Orange County as
recommended by the Planning Board and adopted by the Board of Commissioners. The following
general requirements and principles of land subdivision shall be observed:
7.6.1 Minimum Lot Size
(A) All lots shall contain the minimum lot area required by Article 3 of this Ordinance and
shall comply with all applicable development standards.
(B) Any lot which providcs an ascmcnt for individual scptic disposal for use by a scparatc
lot shall contain an additional 20,000 square feet to accommodate the septic easement.
Orange County, North Carolina—Unified Development Ordinance Page 7-8
Article 7: Subdivision l
Section 7.6: General Design Standards
(B) Any lot which provides an easement for individual septic disposal for a separate lot shall
be adequately sized, designed and approved by Orange County Environmental Health. 20
7.6.2 Residential Density
The allowable density on a given parcel of property proposed for subdivision shall comply with the
residential maximum density requirements in Section 4.2.4.
7.6.3 Land Suitability
(A) In reviewing subdivision proposals, the Planning Department and Planning Board shall
consider the overall design of the subdivision with the suitability of the land for
development to insure that the platting and development of the subdivision will not create
a danger to the health, safety, and welfare of Orange County residents.
(B) Land suitability shall be determined by an investigation of conditions including but not
limited to flood prone areas, soil drainage, drainage patterns, slope, historic sites,
maximum anticipated levels of land disturbance for the project and all proposed individual
lots, and unique natural areas. The investigations shall be carried out by the Planning
Board, the Planning Department, or other agencies or individuals having the appropriate
technical expertise.
(C) Special Flood Hazard Areas shall be considered during the review process.
(D) Soils shall be evaluated for suitability or provisional suitability for septic tanks according
to guidelines established in the Laws and Rules for Ground Absorption Sewage Disposal
Systems, incorporated herein by reference.
(1) Each lot that does not contain a suitable building site shall be designated on the
plat as being of restricted development potential and by instrument recorded in
the Orange County registry as specifically prescribed by Section 7.14.3(E)(1) of
this Ordinance.
(E) Drainage
(1) Soil suitability, including slope and drainage, shall also be evaluated according to
soil characteristics indicated by the Orange County Soil Survey and topography
indicated by the U.S. Geological Topographic Maps.
(2) Each lot shall contain a suitable building area safe from inundation and erosion.
(3) Sanitary sewer systems, septic tank drainfields, water systems, wells, and
adjacent properties shall be protected from inundation by surface water.
(4) Roads, driveways and utilities shall be protected from damage caused by
improper stormwater management.
(5) Mechanical devices, drainage easements, natural buffers, large lots, and/or other
technical means may be used to achieve these drainage objectives. Natural
drainageways are a preferred means of stormwater run-off removal. The
characteristics (including capacity) of natural drainageways shall be protected.
(6) Runoff levels from the 25-year storm after the site is developed shall not be
greater than the rate of runoff on the same site in its natural state.
(7) In cases where anticipated land disturbance for the subdivision and the proposed
lots will cumulatively exceed established thresholds denoted within Section
6.14.5 of this Ordinance, a formal stomnwater stormwater 21management plan
shall be required as part of the application submittal.
(F) Resource Protection
20 Standards are covered under new State guidelines as enforced by Environmental Health.
21 Correction of grammatical error.
Orange County, North Carolina—Unified Development Ordinance Page 7-9
Article 7: Subdivision l
Section 7.7: Lois
(1) Applications for subdivision shall be evaluated by the Planning Department and
Planning Board for potential impairment of habitat of rare and endangered
species or unique natural areas.
(2) A strategy shall be developed to protect resources listed by the North Carolina
Heritage Program, or identified in "An Inventory of Sites of Cultural, Historic,
Recreational, Biological, and Geological Significance in the Unincorporated
Portions of Orange County" or"Inventory of the Natural Areas and Wildlife
Habitats of Orange County, North Carolina".
(a) The strategy shall provide protection of identified natural and cultural
resources from impacts which could result from development of the
subdivision, and shall include one or more of the following:
(i) Dedication of conservation easements,
(ii) Restrictive covenants prohibiting clearing or disturbance of the
resource areas,
(iii) Dedication of resource areas to Orange County,
(iv) Clustering of lots to minimize land disturbance and promote
Common Open Space and preserve other environmentally
sensitive areas, and preserve the special foaturoc of tho
y,
(v) Other restrictions or development options which provide an
adequate level of protection.
(3) The Planning Department shall review available documentation of the particular
site and determine if the proposed strategy adequately protects the identified
resources.
(4) Maps, studies, and reports which are relevant to this section shall be maintained
by the Planning Department.
SECTION 7. OTS
7.7.1 -nerally
All lots all conform to all of the requirements of this Ordinance for the . ing district and any
overlay dis tin which they are located.
7.7.2 Shape and Orien • on
(A) The shape and o '- tation of lots shall be appr.. late to the location of the subdivision
and the developmen .gtended.
(B) Interior lot lines extending a stree hould be approximately perpendicular or radial
to the street right of way line.
(C) Lot lines shall be located to p= it e Vent installation and maintenance of utility lines on
utility easements, to maxi r .ze buildable . -a, and, where applicable, to provide a
suitable area for septi ystems.
(D) Commercial and dustrial lots shall be of sufficient e to include off street service
facilities, and . street parking of all vehicles used by a satrons and employees.
7.7.3 Relationship • Street
(A) - .ch lot shall abut a publicly dedicated street except in subdivision api oved with private
roads. In the latter situation, each lot must abut a private road or a state „intained road
which is shown on the approved plat and constructed pursuant to the standar. set by
Orange County.
Orange County, North Carolina—Unified Development Ordinance Page 7-10
Article 7: Subdivision
Section 7.7: LOTS
(B) Upon _.mmendation of the Planning Board and approval of th- .nty
Commissioner , •- construction of the access road 1- • .- postponed until building or
market development is :- taken.
(1) In this case the lot . se .- .o s.ted on the plat: "This lot may not be sold,
nor a b . •.-. permit issued, until the a - road has been built as specified for
subdivision."
Except where reverse frontage is desirable, double frontage lots shout. e- - oided.
7.7.4 Flag Lots
(A) Intent
Orange County discourages and restricts forming flag lots. A flag lot shall be permitted if
necessary to allow a property owner reasonable use and benefit from his/her land or to
alleviate situations which would otherwise cause extreme hardship for him/her.
(B) Lot Standards
Flag lots are allowed only:
(1) Where necessary to eliminate access onto arterials (See Fig. 7.7.4.B, Diagram
1);
(2) To reasonably utilize irregularly shaped land (See Fig. 7.7.4.B, Diagram 2);
(3) To reasonably utilize land with difficult topography (See Fig. 7.7.4.B, Diagram 3);
and
(4) To reasonably utilize land with limited sites suitable for septic tank nitrification
fields (See Fig. 7.7.4.B, Diagram 4);
Figure 7.7.4.B: Flag Lots
Diagram 1 Diagram 2
_ River
Flag Lot \
.\ Flag Lot
6, I 1
1 I
Local Street
Street
Diagram 3 Diagram 4
Street
Flag Lot
: 1111\ital i
I
Vii: i
Street - —Street - -
El Septic Tank Nitrification Field
--Proposed Lot Line
(5) Where it is unlikely that a road created in lieu of a flag lot would ever be
extended, or otherwise needed to provide access to adjoining parcels—,.
(6) To provide for the protection of significant natural or cultural resources, and.
(7) To provide access and/or street frontage for Common Open Space areas.
Orange County, North Carolina–Unified Development Ordinance Page 7-11
Article 7: Subdivision l
Section 7.7: Lois
(C) No flag lot shall be permitted if it increases the number of access points onto an ar •rial
or collector street.
D) The length of a flag lot between the street onto which it has access and the poi't where a
lot dimension parallels the street shall be based on the size of the proposed regular lot.
The following table indicates the allowed length of the flag portion of the lot .ased on the
required minimum width of the regular lot (see example graphic).
TABLE 7.7.4.D: LOT SIZE REQUIREMENTS
SIZE OF REGULAR LOT REQUIRED MINIMUM WIDTH OF LENGTH OF FLAG STAFF
REGULAR LOT ALLOWED
40,000 sq. . to 1 acre 130 feet 308 to 336 feet
1+acres t. acres 130 feet 337 to 671 feet
2+ acre 130 feet 672 to 700 feet [1]
[1] Maximum length al,,wed
Figure 7.7.4.D: Fla, Lot Measurement Standards
Fla• of
- - t
Regular L• ' Length of Flag
Staff Allowed
Width of R-.ular Lot
1
Street
(E) The maximum leng allowed on any flag lot is 700 fe:t.
(1) The lot •dth and street frontage of a flag lot ma be reduced to 35 feet.
(2) The P Inning Director may approve further reducti.ns to a minimum of 20 feet
whe - topographical conditions permit the constructl'n of an adequate driveway
wit'in that width.
(3) ' e Planning Director may also require greater widths w'ere necessary to insure
adequate access.
(F) All f:g lots created after October 3, 1988 shall be composed of contis ous land area,
an that area shall not be divided by street right of way or other lots. A •rivate road
-:sement may divide a new lot only if all of the following criteria are met:
(1) The land underlying the easement in the same ownership as the re' ainder of the
lot; and
(2) The proposed easement contains an existing road or driveway which is o be
used for access to new lots; OR the proposed easement if located along :
property line will have an irregular shape; and
(3) The minimum lot area requirement can be met on one side of the road easem..nt
but not both sides.
Orange County, North Carolina—Unified Development Ordinance Page 7-12
Article 7: Subdivisi9i
Section 7.8:Access and Roadways
Those lots with land area divided by a public road right-of-way prior to October 3, 1988
shall not be further subdivided in a manner which creates any additional lots with divided
area.
{6}(H) The regulations of section 7.7.4 do not apply to flag lots which contain Common Open
Space. - •= -- ee = - •= = _•e_ e , - --=• = - =- =- - •- •- -=
considered flag lots 2
SECTION 7.8: ACCESS AND ROADWAYS
7.8.1 Streets and Common Open Space—General Standards
(A) Consistency with Comprehensive Plan
(1) The provision of street rights-of-way shall conform to and meet the equirements
of the Orange County Comprehensive Plan.
(2) Reservation for or dedication of street rights-of-way for future ransportation
facilities proposed in the adopted Comprehensive Plan sh. be required where
appropriate.
(3) A subdivider shall not be required to provide or dedic. e right-of-way for a
•roposed street to which access would be prohibit-. by any governmental
a.-ncy.
(B) Compliance ith Approved Access Management P ans and Studies
(1) Subdivis in of land abutting a roadway for - hich the Board of County
Commissi.lers has approved recomme►dations from a plan or corridor study is
subject to pre isions of the approved •rridor plan or study.
(a) In suc cases, the subdi der/landowner shall provide any
improve •ents or other eans to ensure construction recommended in
such plan • corrido tudy. Such improvements may include facilities
for bicycles, ..ew:lks, and public transportation.
(b) The subdivider i cases where the recommendations address access
managemen , shal se design elements recommended in the plan or
corridor st,•y to redu.- conflict points.
(2) Policies prescrib-• in Phase V of t - Access Management Awareness Project
and Report, or her adopted studies of strategies, shall be considered during
subdivision -'d site plan review to asse access management and other
corridor design considerations.
(C) Coordinated S eet System
(1) All s.'divisions shall have a coordinated street s tem with public or private
st -ets that access a public municipal street or a public State maintained street in
accordance with the following:
(a) Public street rights-of-way shall abut adjacent • operties as necessary
to provide connectivity to the countywide transpo .tion network; and
(b) Lot access to streets serving the subdivision shall be •mited in the
case of streets that provide a link between two or more oads
designated in the Comprehensive Plan as arterials or colt_ tors.
22 Technically an open space lot is not intended for development and does not face the same road and utility
access issues as a parcel intended for development purposes. There is no need for the same standard to be
observed.
Orange County, North Carolina—Unified Development Ordinance Page 7-13
Article 7: Subdivision
Section 7.8:Access and Roadways
(c) All subdivisions shall have at least one street that intersects with or
joins a public municipal street, or a public State maintained street.
(D) Coordinated Common Open Space System(s)
(c) All subdivisions with Common Osen Ssace shall have a coordinated
-.
areas.
All subdivisions with Common Open Space shall be encouraged to
connect with existing and planned streets, public trails, sidewalks, and
greenways.
;.2 Public Streets—Where Required
Public streets are generally required in all subdivisions and shall be required where is found
t• .t:
(A) The subdivision streets would be accepted by the State for mainte . ce if:
(1) They are built in a manner which satisfies the minimu • tate design and
construction criteria for subdivision streets; and
(2) Th- would satisfy other requirements for ads. on to the State maintenance
syste , including, but not limited to, the g-'eral density standard of at least two
occupied -sidences for each one-tent of a mile of subdivision street.
If, upon review of a su:oivision plat, it is d= ermined that the general density standard is
met, but a design standar. 's not, a re -sign will be required where possible. For
example, if the number of lot .rop..ed along a subdivision street would clearly satisfy
the density standard, but the str=:s design was such that the centerline radius did not
meet the minimum standard •"230 zmt for level land, a new street design would be
required. Another examp is a situatio" where a landscaped island or entrance median
prevents acceptance . he street for main : ance.
The State's criter.. and standards are identifies q the following publications: Subdivision
Roads - Mini .m Construction Standards and Tra.. ional Neighborhood Development
TND Gui.- ines, prepared by and available from the .C. Department of
Transp. ation; or
(B) T - subdivision streets extend existing streets which are publi ; or
(C) The subdivision streets are part of a development which is located i an area designated
as Urban or Transition by the Orange County Comprehensive Plan; or
(D) A proposed street is designated as an arterial or collector on an approved .roughfare
Plan for a municipality or in the Orange County Comprehensive Plan; or
(E) The subdivision streets are part of a non-residential development consisting of office,
retail, industrial, and similar businesses, each located on a separate lot. This provision
shall only apply to that portion of a subdivision being developed for non residential
purposes.
7.8.3 Public Streets -Construction Standards
Public dedicated streets must meet the minimum construction standards as adopted by the N.C.
Department of Transportation for acceptance of streets as additions to the State Highway
System.
23 Staff is still reviewing the need to add language mandating appropriate street connections/stub-outs within
developments. Currently it is the policy to require same. This issue will be addressed in a future amendment
package.
Orange County, North Carolina—Unified Development Ordinance Page 7-14
Article 7: Subdivisi9i
Section 7.8:Access and Roadways
7.8.4 Private Roads—When Permitted
(A) A private road in a Conventional Subdivision Option Conventional Subdivision
Optienshall be deemed justified for a minor residential subdivision resulting in no more
than three lots provided:
(1) No new lots have been created from the parent tract, through subdivision or other
manner exempted from subdivision regulations, since the more recent:
(a) Date of adoption of this provision (September 18, 2001); or
(b) Ten years from the date of recordation of the parent tract if the lot
being subdivided was created using the three-lot private road
justification provision.
The parent tract, for the purpose of this provision, is the lot or tract of land that is
being subdivided.
(2) All resulting lots meet the minimum lot area per dwelling unit and maximum
density requirements for the zoning district, including any overlay district, in
which the subdivision is located.
(B) A minor residential subdivision of three or fewer lots shall be encouraged to provide a
private access easement for one adjacent lot to access the private road in order to
reduce the number of access points on a public road.
(C) Minor Subdivisions utilizing the Flexible Development Conservation Cluster subdivision
Option shall comply with Common Open Space requirements as detailed in Section
7.12 in lieu of the 1private road justification requirements and standards listed in this
subsection, 7.8.4.14
(D) For all other subdivisions the Planning Board and the Board of County Commissioners (in
the case of major subdivisions) and Planning staff(in the case of minor subdivisions)
shall consider the design features in this subsection (87.8.4)25 when determining whether
to permit private roads.
(E) There is no right to a private road in any subdivision containing more than three lots.
{-13}(F) At a minimum, a private road may be justified if the subdivision meets standards of(1)
below and at least two other design features (2 through 7) listed below.
(1) The location and design of the subdivision is such that it clearly preserves the
rural character of the County through:
(a) The provision of lot sizes and building setbacks significantly greater
than those required by the zoning district in which the proposed
subdivision is located, including any overlay district requirements, in
accordance with the following standards:
(i) Lot Sizes and Building Setbacks—Conventional Subdivisions:
a. All lots in the subdivision must be at least 80,000 square
feet if the minimum lot size or area per dwelling unit of
the zoning district is 40,000 square feet or less,-
b. All lots must be at least 120,000 square feet (2.75 acres)
if the minimum lot size or area per dwelling unit of the
zoning district is 80,000 square feet„
24 The goal is to allow for a further reduction of minimum lot area with the preservation of open space
incorporating adaptive wastewater treatment techniques. Current design standards do not support stated
BOCC/staff goals of allowing for the further clustering of lots with dedication of additional open space.
25 Staff is correcting an erroneous section reference. Section 8.8.4 deals with 'non-conformities'and not
subdivision road design standards.
Orange County, North Carolina—Unified Development Ordinance Page 7-15
Article 7: Subdivisi9i
Section 7.8:Access and Roadways
c. All lots must be at least 130,680 square feet (three
acres) if the minimum lot size or area per dwelling unit of
the zoning district is 87,120 square feet (two acres),
d. Lots must be at least five acres for all other cases, and
Minimum building setbacks for lots located on a private
road shall be twice those required.
(ii) Lot Sizes and Building Setbacks—Estate Lot Subdivisions
without Density Bonus26
a. In zoning districts having a minimum lot size of 40,000
square feet:
All lots must be at least 80,000 sq. ft. in
subdivisions providing 40% of Common Open
Space;
ii. All lots must be at least 70,000 sq. ft. in
subdivisions providing 41-49%or less Common
Open Space; or
iii. All lots must be at least 60,000 sq. ft. in
subdivisions providing 50% or greater Common
Open Space.
b. In zoning districts having a minimum lot size of or area
per dwelling unit of 80,000 square feet or 87,120 square
feet or two acres: (87,120 square feet):
All lots must be at least 130,680 square feet (3
acres) in subdivisions providing a minimum of
40% of Common Open Space ;
ii. All lots must be at least 90,000 square feet (2.07
acres) in subdivisions providing 41%-49%
Common Oopen S&pace;
iii. +All lots must be at least 60,000 square feet
(1.38 acres) in subdivisions providing 50% or
greater open space.
c. Minimum building setbacks for lots located on a private
road shall be twice those required.
c.
(b) The retention and/or provision of landscaping and use of clustering of
dwelling units to:
(i) Screen the view of the subdivision from public roads,
(ii) Maintain a wooded or forested character,
(iii) Maintain scenic views, or
(iv) Preserve wildlife, botanical, historic, archaeological and/or
recreation sites; and/or
26 The Flexible Development—Estate Lot Option allows a subdivider to place required 'open space'within each
proposed lot. We are revising existing language to allow/encourage some of this open space to become common
area.
Orange County, North Carolina—Unified Development Ordinance Page 7-16
Article 7: Subdivisi9i
Section 7.8:Access and Roadways
(c) The preservation of site features which directly enhance the special or
unique cultural, historical, archaeological or biological characteristics of
the immediate area as referenced in:
(i) "An Inventory of Sites of Cultural, Historic, Recreational,
Biological, and Geological Significance in the Unincorporated
Portions of Orange County" or,
(ii) For historic sites, if the site is deemed eligible by the State
Historic Preservation Office for inclusion in the National Register
of Historic Places.
(2) The number, location and/or size of lots to be located in the subdivision are such
that, even if constructed to State standards, the streets would not be accepted by
the State for maintenance due to density or other State requirements.
(3) At least 50% of the site is to be dedicated and preserved through restrictive
covenants and contains recreation and/or open space areas of significant
botanical, wildlife, historic and/or archaeological sites as referenced in "An
Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological
Significance in the Unincorporated Portions of Orange County."
(4) In subdivisions proposed to be located in a Watershed Protection Overlay
District, as designated in Section 4.2 of this Ordinance, stream buffers are
increased by at least 25% above those required by Section 6.13 of this
Ordinance and the impervious surface allowed is decreased by at least 15% to
allow greater infiltration of storm water runoff to prevent the pollution of water
supply reservoirs.
(5) The site contains topographic and environmental features, such as streams,
steep slopes, or watersheds that would be adversely affected by the use of roads
constructed to State standards because of factors such as significant amounts of
earthwork(cut and fill)that would contribute to increased run off of stormwater
and siltation.
(6) The site is already developed to 100% of the capacity which could be achieved
after approval of the subdivision and some or all of the non-conforming aspects
of existing development on the site will be made more conforming as a result of
the proposed subdivision, and all conforming aspects of the development will
remain conforming.
(7) There is only one subdivision road proposed and:
(a) Its length does not exceed 350 feet,
(b) It serves no more than five lots,
(c) Its grade does not exceed 9%, and
(d) The land being subdivided is not connected to, or part of, another
subdivision required to be served by public roads.
{G}(G) The Declaration of Development Restrictions, prepared by the Planning Department and
recorded concurrently with the Final Plat, shall include a statement that further
subdivision of any of the lots may require that the road be upgraded to a higher private
road classification, or to public standards, and that the cost of the upgrade will be the
responsibility of the subdivider.
{B}(H) Where a parcel being subdivided was created by a previous subdivision approved after
July 5, 1983, then the previous subdivision as well as the proposed subdivision will be
considered in determining whether a private road is still justified.
{€)(I) It shall be the responsibility of the applicant subdivider for subdivision approval to supply
a written statement justifying the reasons for private roads in the proposed subdivision.
Orange County, North Carolina—Unified Development Ordinance Page 7-17
Article 7: Subdivisiolp
Section 7.8:Access and Roadways
Compliance with one or more of the standards in this subsection (8.8.4) does not insure
approval of either a public or private road within a proposed subdivision.
{F-111. A private road shall be required to meet standards set by Orange County as described in
Section 7.8.5. Satisfactory proof that the standards are met will be required by the
County Manager or his/her appointed agents.
{G}(K) If a subdivision is to contain private roads, the subdivider shall have the County's
Standard Road Maintenance Agreement entitled, "DECLARATION OF RESTRICTIONS
AND PROVISIONS FOR PRIVATE ROAD MAINTENANCE" prepared and processed in
accordance with Section 2.14 for minor subdivisions or Section 2.15 for major
subdivisions and shall conform to the requirements of Section 7.14.3(6)(b)(ii).
{#)(L) The land within a private road easement shall be included within the lot boundaries of the
lot or lots which border the easement. The road maintenance agreement shall include a
provision that if the road is dedicated for public use at a later date, then the lot
boundaries will be revised to extend only to the edge of the right-of-way, in accordance
with NCDOT standards.
7.8.5 Private Road Standards
(A) Purpose and Intent
(1) In Orange County, the preference is to serve subdivisions with State-maintained
(NCDOT) public streets or municipal streets. The County recognizes, however,
that private roads may be beneficial in some cases where the wider
subdivider provides significantly larger lots, and where a private road graded to a
narrower cross-section saves valuable vistas, trees, or natural resources, and
reduces cut-and-fill and overall land disturbance. Where the S +vider
subdivider clearly provides benefits such as enhancing entrances or streetscapes
off an adjoining public road, saving trees, providing large lots, reducing
disturbance, and "fitting" lots better into their natural surroundings, the Planning
Department, Planning Board, and Board of County Commissioners may permit
the use of private roads.
(2) The County is concerned about the logical and safe extension of public roads
throughout the County and notes that private roads cannot be served by school
buses and sometimes not by rescue squads and fire trucks. Private roads are
generally unpaved and property owners who use the road are solely responsible
for maintenance of the road.
(3) The County will approve only private roads where the "benefits" outweigh the
negative aspects.
(4) Private roads shall never be approved simply to save money.
(5) Private roads are a privilege, and not a right, and must be justified by the
particular lot arrangement and benefits provided by each development.
(B) General Requirements
(1) Private Roads serve lots within subdivisions that do not have access to state-
maintained roads.
(2) Private Roads insure that all lots have documented legal right-of-way and provide
adequate access for residents and emergency vehicles.
(3) Private Roads may be allowed in a subdivision where, in the judgment of the
Planning Board and with the approval of the Board of County Commissioners, it
is found that the nature and location of the subdivision are such that a private
road is justified.
(a) In determining whether to permit Private Roads in subdivisions, the
design features contained in subsection (F)(5) of this Section shall be
considered.
Orange County, North Carolina—Unified Development Ordinance Page 7-18
Article 7: Subdivisi9i
Section 7.8:Access and Roadways
(b) It is the responsibility of the subdivider to supply a written statement
justifying the reasons for Private Roads in the proposed subdivision.
(4) After approval of and initial construction of the Private Road, maintenance must
be provided by the property owners of lots located along the road. A Road
Maintenance Agreement or Declaration between the lot owners is required to
insure that the needed repairs are made (see subsection (F)(10)(i)).
(5) Since Private Roads are not constructed to North Carolina Department of
Transportation standards, they will not be added to the Secondary Road System
and will not be maintained by the State or Orange County.
(C) Classifications
(1) The standards and specifications for Private Roads apply to subdivisions in
Orange County and the class of road required depends on the number of lots
served by the road.
(a) A Class B road serves 1 to 5 lots or dwelling units.
(b) A Class A road serves 6 to 12 lots or dwelling units.
(2) All Private Roads in a major subdivision require the approval of the Board of
County Commissioners.
(3) Before the final plat of the subdivision can be recorded, the Private Road must be
built and approved, or the applicant subdivider must post a security instrument
with the County in an amount that would cover the cost of constructing the road.
(4) Class B Private Roads intended to serve two lots or dwelling units are not
required to be constructed to Orange County Standards or to be inspected before
recordation of the final plat.
(a) Orange County recommends that such Class B roads be built to these
standards in order to provide adequate access, especially for
emergency vehicles which require the clearances and turn areas
shown on the specifications.
(D) Construction Standards for Private Roads
The standards described herein are the minimum set forth by the County. Orange
County has not determined, and is not responsible for determining, that these standards
are adequate or appropriate for all uses by landowners. The standards also may not
meet NCDOT criteria. No road will be accepted for maintenance by NCDOT unless or
until NCDOT standards are met.
TAE!_E 7.8.5.D BASIC STANDARDS AND SPECIFICATIONS
FOR PRIVATE ROADS
CLASS A CLASS B
Max. Number of Lots 12 2 3 5
Right-of-Way Wid • 50 ft. -S ft. 50 ft. 50 ft.
Travel-Wa Width 18 ft. No Stan.. • 12 ft. 12 ft.
Road .intenance Yes Yes Yes Yes
• -ement Required
Maintenance Property Owners Property Property Ow : Property
Responsibility Owners Owners
Orange County, North Carolina—Unified Development Ordinance Page 7-19
Article 7: Subdivisiom
Section 7.11: Recreational Facilities
If the Board of Education has not purchased the site or begun proceedings e ondemn
the site within 18 months if site reservation, the subdivider may treat th= .nd as freed of
t' eservation.
SECTION 7.11: RECREATIONAL FACILITIE'
7.11.1 Applicability
(A) Every person, firm or corpor. .•n who ..divides land for residential and/or non-
residential purposes shall be requo.s4 to dedicate a portion of such land for the purpose
of public recreation/open spa -, inclusi , the preservation of natural and cultural
resources, to serve the I ure needs of the idents of the subdivision and the residents
of the immediate n borhood within which the .•division is located.
(See Article • for definition of"immediate neighborhoo• . he Planning Department
keeps . ap showing the location of recreation service area •: ndaries)
(B) - all cases, the Recreation and Parks Advisory Council shall review - • make
recommendations to the Planning Board and Board of County Commission= on the
provision or dedication of recreation and/or open space areas.
7.11.2 Area Requirements
(A) At least 1/57 of an acre shall be dedicated for each dwelling unit planned or provided for
in the subdivision plan, except where land is located in the Special Flood Hazard Overlay
District and/or is characterized by steep slopes (15% or greater), then at least 1/20 of an
acre of such land shall be dedicated for each dwelling unit.
(B) If the application of the provisions of Article 3 (Required Minimum Recreation Space
Ratio, as shown on the table of each zoning district) and Section 6.3 (Land Use Intensity
System) of this Ordinance results in a greater amount of land, then the difference
between the application of the standards above and those of the referenced Articles shall
be established as private recreation for the use of the residents of the development.
(C) The total land area dedicated as part of a nonresidential subdivision shall be determined
by an analysis of the site, the use(s)to be located thereon and the designation of
recreation and/or open space sites as shown on the adopted Comprehensive Plan.
(1) The site analysis shall be prepared by the subdivideriapp-1-i-Gant and shall identify
in written and graphic form those areas characterized by:
(a) Steep slopes (15% or greater),
(b) Special flood hazard areas and wetlands,
(c) Rock outcroppings,
(d) Mature woodlands (trees of 18 inches or greater in diameter),
(e) Existing structures and cemeteries, and
(f) Lakes, ponds, rivers and other water resources.
(2) A written and graphic description shall also be submitted by the
subdivideriap-p-1-i-Gant which identifies:
(a) The proposed use of each lot in the subdivision,
(b) The approximate amount of building and parking coverage for each lot,
and
(c) The approximate number of employees associated with each use.
(3) In no case shall the total land area be less than that required by application of the
provisions of Article 3 (Required Minimum Pedestrian/Landscape Ratio, as
shown on the Table of each zoning district) and Section 6.3 (Land Use Intensity
System) of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 7-31
Article 7: Subdivisiolr
Section 7.11: Recreational Facilities
7.11.3 Site Suitability
(A) Land provided or dedicated for active recreational purposes shall be of a character,
slope, and location suitable for use as for play areas, tennis courts, multi-purpose courts,
picnic areas, ball fields, and other similar recreation uses.
(B) Active recreation areas shall be located on land that is relatively flat (0 to 7-1/2% slopes),
free of wetlands and/or flood plains, free of easements for public utility transmission lines,
and is otherwise capable of accommodating active recreation uses.
(C) Land provided or dedicated for low impact recreation and open space purposes shall be
of a character, slope, and location suitable for use for walking,jogging, reading and
similar quiet activities, and the preservation of natural features and cultural resources
such as steep slopes, rock outcrops, native plant life and wildlife cover, mature
woodlands, and water resources.
(D) In all cases, active and low impact recreation sites as well as open space areas
designated in the adopted Comprehensive Plan shall be incorporated into the design of
the subdivision.
(E) Criteria for evaluating the suitability of proposed recreation areas shall include but not be
limited to the following:
(1) Location
(a) Land dedicated for recreation purposes shall be located so as to serve
the needs of the residents of the subdivision and the residents of the
immediate neighborhood within which the subdivision is located.
(b) DEAPR, the Orange County Parks and Recreation
Board, and BOCC, land dedicated for public recreation purposes shall
also maintain logical access to other private Common Open Space
areas.
(c) Recreation areas shall be located so as to provide, insofar as possible,
reasonable accessibility to all residents of the subdivision and
residents living in the immediate neighborhood.
(d) Recreation areas shall be located where more land more suited for
recreational purposes due to shape, level slopes and/or dry soil
conditions is present.
( )(e) Where proposed park sites are shown in the adopted Comprehensive
Plan, and a subdivision contains a portion of the park site, then the
developer may be required to locate the recreation area in accordance
with the park site as shown thereon.
(2) Unity
(a) Land dedicated for recreation purposes shall be - Ingle parcel except
where it is determined that two or more pa s are suited to the needs
of a particular subdivision.
(b) -fanning Department a • or Planning Board may recommend,
and the :.ard of Coun ommissioners may require, the dedication of
a connecting .-t addition to the land required in Section 7.11.2
above.
(i) V here a connecting .: h is necessary, a path right-of-way of up
to 50 feet in width may be :.uired, but in no case shall the path
right-of-way be less than 30 fee width.
Accessibility
(a) Land dedicated for recreational purposes shall have a i.st 50 feet of
frontage on at least one street within the subdivision.
Orange County, North Carolina—Unified Development Ordinance Page 7-32
Article 7: Subdivisiolr
Section 7.11: Recreational Facilities
(b) Where a recreation area is not accessible due to lot arrang- ent, the
Planning Department and/or Planning Board may recomr end, and the
Board of County Commissioners may require, the des. ation of
connecting paths which link the recreation area wit, other streets
within the subdivision (see figure below).
(i) Connecting paths so required shall b- . addition to the land
required in Section 7.11.2 above.
(ii) Connecting paths may require - right-of-way of up to 50 feet in
width but in no case shall th- path right-of-way be less than 30
feet in width.
Figure 7.11.3.E.3: Connecting Paths.,.,_ .
-=,.— "..., rod • . , .
.....4t. .._,,,, . .
. . . .
. ..
,i
1
1 J ,.. 1 :Ili.444.4x 1
. .,
. .
Subdivision ,.
=4 Conrlec ing Path
•
Y
i` ', Recreation
4'' _fir. I Area -■
J ry7 w R
.`e I :\ cam[ ..' ti`
7.11.4 Site Improvements
(A) Private recreation facilities, either required or provided at the option of the
subdivider , shall meet the standards for site improvements contained in the
Table below.
(B) When choosing improvements for a recreational area, the anticipated characteristics and
needs of the residents shall be considered in conjunction with the size of the
development, any physical constraints posed by the site, and the availability of other
improvements within the same general area as the subdivision.
(1) As an example, the existence of a multi-purpose court in an adjacent, existing
subdivision and the availability of the facility for use by residents of the proposed
subdivision may indicate to the subdivider/applicar that another facility, such as
a tennis court, would be more appropriate.
(C) Recreation facilities which are suitable for various age groups include, but are not limited
to those shown in the Table below.
(D) Trash receptacles shall be provided for all recreational areas regardless of the number
and type of other improvements located thereon.
Orange County, North Carolina—Unified Development Ordinance Page 7-33
Article 7: Subdivisi99
Section 1.1: Cluster Developments
7.12.1 Generally27
{A) Cluster development:
{1) Allows for greater design flexibility and originality,
{2) Permits the reasonable use of land with difficult physical conditions (topography,
floodplain, unique natural areas, etc.),
{3) Respects the physical qualities of the land,
{1) Reduces the overall development and public costs, and
{5) Preserves open space to serve recreational, scenic and public service purposes.
{B) Cluster developments permit the modification and variation of lot and yard requirements
provided that the sum of reductions in lot area becomes common open and for recreation
space for the benefit of all residents of the cluster development or for dedication to public
use.
{C) Cluster development may be required where protection of environmontal rosourcos
identified in "An Inventory of Site of Cultural, Historic, Recreational, Biological, and
_:e __ __ _ _ __•__ - •_ _•'•_e __ _ :e 'ortions of Orange County"or"Inventory
accomplished through the development of a standard subdivision.
{D) If not required by (C) above, cluster developments are an option for the developer.
{E) All cluster developments, whether required or opted for by the developer, shall be done in
compliance with the provisions and standards related to or referring to cluster
developments contained in this Section.
Cluster developments may be approved in the Rural Buffer zoning district upon the following
findings:
{A) The tract is a minimum of 100,000 square feet.
{B) Approved water supply and wastewater treatment systems are available and each lot is
served by separate water supply and sewerage connections.
{C) The total number of lots proposed for the tract, excluding parcels of reserved
recreation/open space is not greater than the number determined by dividing the gross
land area, excluding public and private road rights of way, by the minimum 1, =e
required for the Rural Buffer zoning district and Watershed Protection Overlay District
requirements for University Lake Watershed, if applicable.
{D) The recreation/open space reserved within the tract conforms Section 7.11.
{E) The minimum amount of land reserved as recreation/open space shall be the sum of all
reductions in minimum lot area as a result of the cluster form of development and/or tho
minimum recreation/open space required in Section 7.11, whichever is greater.
{F) Cluster open space shall not include areas devoted to public or private vehicular streets.
27 As staff has indicated in previous presentations,the current Cluster Development section is never employed by a
subdivider given the Flexible Development—Conservation Cluster option. We are recommending the section be
deleted in its entirety in favor of promoting the aforementioned Flexible Development option.
28 Please note staff has moved the provisions contained in Section 7.12.2 to the Flexible Development—
Conservation Cluster design standards to ensure continued compliance with established RB development
standards as articulated within the County Comprehensive Plan as well as the Joint Planning Land Use Plan and
Agreement.
Orange County, North Carolina—Unified Development Ordinance Page 7-37
Article 7: Subdivisi99
Section 1.1: Cluster Developments
{G) Cluster developments in the UNIV PW and UNIV CA Watershed Protection Overlay
Districts shall comply with the development standards as set forth in Sections /1.2 and
6.6 of this Ordinance.
For lots created as part of a cluster development, minimum lot area, lot width and setback
{A) Minimum lot area requirements may be reduced to no less than one acre.
{B) Minimum lot width requirements may be reduced to no less than 10/1 feet.
{C) Minimum front setback requirements may be reduced to 30 feet except where the front lot
line forms an exterior boundary of the cluster development in which case no reduction
{D) Minimum rear and sidc sctback rcquircmcnts may be rcduccd to 10 fcct cxccpt whcrc
the rear and side lot line forms an exterior boundary of the cluster development in which
case no reduction shall be permitted.
{A) Cluster recreation/open space shall be dedicated to the public unless the Board of
County Commissioners finds that the size, location, type of development, or cost of
space would make public use undesirable or unnecessary.
{B) The applicant may request that the cluster recreation/open space be designated for
private use.
{C) If cluster open/recreation space is not dedicated for public use, it shall be subject to
___ e.=e =e- _ -•e=••=• t to assure its maintenance and preservation for
the intended purpose as provided in Section 7.1/1.3.
{B)(I) Open space designed to protect environmental resources identified in "An Inventory of
" - --e-
through dedication of conservation easements, dedication to Orange County, rostrictivo
particular site or resource.
_ _ e ".'e ___ . _• _ -lat shall provide for a total environment better than that which
could be achieved under standard regulations and must meet the following criteria:
{A) Individual lots, buildings and streets shall be designed and situated to minimize alteration
of the natural site features to be preserved.
{B) The usability of cluster open/recreation space shall be determined by the size, shape,
topographic and location requirements specified in Section 7.11.
{C) Cluster open space shall include irreplaceable natural features such as, but not limited to,
streams, significant stands of trees, individual trees of significant size and/or species,
uncommon plant communities, wildlife habitats and rock outcroppings.
{D) Cluster recreation space shall be easily accossiblo to podostrianc, including tho
+capped.
{E) (E) The suitability of cluster opon spaco intondod for sconic valuo shall bo
determined by its visibility from adjoining properties and streets and shall seek to lessen
the area devoted to motor vehicle access.
Orange County, North Carolina—Unified Development Ordinance Page 7-38
Article 7: Subdivisi99
Section 7.12: Flexible Developments
{F) Diversity and originality in lot layout shall be encouraged to achieve the best possible
{G) Up to one fourth of the land with slopes greater than 15% may be removed or altered
only when such slopes are small and isolated and do not otherwise adversely affect the
design of the development.
{H) At least 20% of the gross land area is designated as common open space.
{ (J) No more than 50% of the required common open space shall be used exclusively for
sewage treatment systems, utilities, or other uses which prohibit access by the residents
of the cluster subdivision. This restriction does not apply to areas of historic or natural
significance which may be protected by access restrictions.
In addition to the requirements outlined in Article 2 regarding Major Subdivision Preliminary
{A) Application shall be identified as a Cluster Development Subdivision.
{B) A precise description of the extent to which the proposed modifications depart from the
standard requirements of the applicable zoning district and the reasons for such
{C) The location, type and area of the common open space and the adequacy of the amount
and function of the open space in terms of densities and dwelling types proposed.
{D) Written site analysis accompanies by an illustrative site map, which identifies the
{1) Slopes 7% 15%,
{2) Slopes 15% and greater,
{3) Existing vegetation,
{4) Significant stands of trees,
{5) Significant examples of a particular species of tree occurring in a native stand
{6) Drainage and waterways,
{7) Special flood hazard areas,
{8) Significant rock outcroppings,
{9) Significant scenic vistas,
{10) Soils with limitations for on-site wastewater systems and building development,
{11) The manner in which the plan makes adequate provision for water and
{12) The relationship of the plan to the physical environment, the neighborhood in
which it is proposed to be established and the intent of the provisions providing
for the establishment of a cluster subdivision.
FLEXIBLE DEVELOPMENTS
7.13.17.12.1 Purpose
(A) The purpose of Flexible Development is to preserve agricultural and forestry lands,
natural and cultural features, environmentally sensitive areas, and areas with potential for
maintaining the rural community character of the rural community that might otherwise be
lost for marginalized with a conventional development-approache-s.
Orange County, North Carolina—Unified Development Ordinance Page 7-39
Article 7: Subdivisic
Section 7.12: Flexible Developments
(B) To accomplish this goal, greater flexibility and creativity in the design of such
developments is encouraged and allowed.Specific objectives are as follows:
(1) To preserve areas of the county with productive soils for continued agricultural
and forestry use by preserving blocks of land large enough to allow for efficient
operations.
(2) To encourage the preservation and improvement of habitat for various forms of
wildlife and to create new woodlands through natural succession and
reforestation where appropriate.
(3) To minimize site disturbance and erosion through retentionby retaining of-existing
vegetation and avoiding development on steep slopes.
(4) To preserve open land, including those areas containing unique and sensitive
features such as natural areas and wildlife habitats, steep slopes, streams,
wetlands, and floodplains.
(5) To preserve scenic views and elements of the county's rural character;and to
minimize perceived density by minimizing views of new development from
existing roads.
(6) To preserve and maintain historic and archaeological sites and structures that
serve as significant visible reminders of the county's social and architectural
history.
(7) To provide for the active and low impact recreational needs of county residents,
including implementation of the Master Recreation & Parks Plan.
(8) To provide greater efficiency in the siting of services and infrastructure by
reducing road length, utility runs, and the amount of paving for development.
(9) To create compact neighborhoods accessible to open-ease-Common Open
Space amenities and with a strong identity.
{9}(10) To strategically organize and preserve Common Open Space areas within the
context of their surroundings and greater community.
7.13.27.12.2 Applicability
(A) All Flexible Development subdivision plats shall comply with the requirements and
standards specified herein and in all respects with other applicable codes and ordinances
to the extent that they are not in conflict with these provisions.
(B) Flexible Developments located within the Stoney Creek Basin Overlay District shall
comply with provisions of Section 4.8 of this Ordinance.
(C) The Village Option for a Flexible Development shall not be located in the Rural Buffer
(RB)zoning district.
(D) Applicants/Subdividcr;Subdividers seeking approval of a Minor Subdivision Final Plat by
the Planning Department are encouraged to work with the Planning Department staff in
identifying and preserving Common Open Spaceopen spacc ar af:,as part of such
developments.
(E) Flexible Developments shall comply with applicable density limits as detailed within
Section 4.2 of this Ordinance.29
29 Staff is adding language to ensure there is no confusion with respect to a projects compliance with established
density limits.
Orange County, North Carolina—Unified Development Ordinance Page 7-40
Article 7: Subdivisi99
Section 7.12: Flexible Developments
7.12.3 Criteria in the Rural Buffer(RB)Zoning District3o
Flexible developments may be approved in the Rural Buffer zoning district upon the following
criteria:
(A) The tract is a minimum of 10 acres.
(B) Allowed water supply and wastewater treatment systems are available for residential
service, and each lot is served by separate water supply and sanitary sewage
connections.
(C) The total number of lots proposed for the tract, excluding parcels of reserved Common
Open Space, is not greater than the number determined by dividing the gross land area
(excluding public and private road rights-of-way) by the minimum lot size required for the
Rural Buffer zoning district and Watershed Protection Overlay District requirements for
University Lake Watershed, if applicable.
(D) The Common Open Space reserved within the tract conforms to Section 7.11.
(E) Common Open Space shall not include areas devoted to public or private vehicular
streets.
- , . 1 -
. •
�31
7.13.37.12.4 Common Open Space Standards
(A) Minimum Required Lots Size and Common Open Space
(1) Where a-developer subdivider elects to seek approval of a Major Subdivision
utilizing the Flexible Development Option as specified herein, at least 33% of the
total land area in the Flexible Development must be set aside as protected
Common Open Spaceapen--sppace.
(2) Where a subdivider elects to seek approval of a Minor Subdivision utilizing the
Flexible Development Option as specified herein, the development shall provide
at least:
(a) 33-39% of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 43,560 square feet;
(b) 40-44% of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 30,000 square feet;
(c) 45-49% of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 20,000 square feet;
(d) 50-59% of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 15,000
square feet.
(e) 60% or more of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 10,000 square feet.
30 Original language from Section 7.12.2 Cluster Developments of the UDO updated to use the term "Flexible"
rather than "Cluster". For more information please refer to Footnote number 23.
31 Language is unnecessary given wording in Section 7.12.2 (E)of the proposed amendment.
Orange County, North Carolina—Unified Development Ordinance Page 7-41
Article 7: Subdivisi9r”
Section 7.12: Flexible Developments
(3) Such Common Open Space shall
meet the standards contained in this
Section unless the subdivider
developer chooses to seek approval of
a conventional subdivision as specified
herein.
(B) Planning for Common Open Space
(1) Common Open space Space design in subdivision projects shall be planned as
part of a comprehensive project design.
(2) The long-term success of open space is improved when a layout is chosen with a
perspective of future usefulness, efficiency, connectivity and compatibility with
both existing development and other types of open spaces.
(3) Common Open space Space is an important amenity for subdivision residents
and an essential part of the County's character and environmental quality.
(4) Common Open space Space planning must indicate a thoughtful understanding
of that importance, and shall be evaluated based on its merits.
(5) A Flexible Development subdivision plan shall always provide open space which
that prominently meets at least one of the three following goals in open space
design:
(a) The Maintenance maintenance of Wildlife wildlife Corridors corridors
and/or Habitathabitat;
(b) The Preservation preservation of Rural rural Charactercharacter; or
(c) The Creation creation or Protection protection of Space space for
Outdoor outdoor Recreationrecreation.
(6) When relevant, a Flexible Development subdivision plan shall address the
following additional goals in open space design:
(a) The Protection protection of Oother Natural natural
Resourcesresources;j
(b) The improvement or Maintenance maintenance of Visual
visual Ame-R-41-esamenities;j
(c) The Creation creation or Protection protection of Managed managed
Resource resource Prod i production-j
(d) The Improvement improvement or Maintenance maintenance of Public
public 44a-41a-health and Safetysafety-land
(e) (e)The Creation creation or Protection protection of Public public
Purpose purpose and/or 444y-utility Infrastructuroinfrastructure-_
(7) The primary means by which goals in open space design are addressed are
composition, accessibility, size,and shape.
(8) The primary way to achieve these open space design goals is by the application
of standards to these fundamental land characteristics:
(a) Composition
The natural and constructed features of land indicate what types of open-
space goals it can support. For each of the listed open space goals,
certain characteristics are required or preferred. Compositional
requirements and preferences are stated throughout this section.
(b) Accessibility
Orange County, North Carolina-Unified Development Ordinance Page 7-42
Article 7: Subdivision
Section 7.12: Flexible Developments
All Flexible Development plans shall, unless the open space is to
preserve conservation values that require minimal disturbance, provide
open space access to the public at large and/or subdivision residents, in
accordance with Section 7.13.3(D).7.12.4
(c) Size and Shape
The usefulness of open space can be lessened when it is fragmented or
shaped in long narrow segments. The most functional open space is
large enough to maximize the benefits to ecological, environmental,
cultural, recreational and/or visual uses. Size and shape requirements
are listed in Section 7.13.67.12.4.
(9) An open space plan may use other land characteristics as well, if a direct link to
the goals of(5) and (6) above is shown.
(C) Types of Common Open Space
The types of Common Open Space dedicated through Flexible
Development shall be consistent with the following standards and shall be comprised of
two types of land: "Primary Conservation Open Space Areas" and "Secondary
Conservation Open Space Areas".
(1) Primary Open Space Areas
(a) These areas have sensitive environmental features and/or significant
cultural resource areas, which may make them legally or practically
unbuildable.
{a)
(b) These areas are the first open spaces to be chosen towards meeting
the minimum 33% requirement.
(c) For Major and Minor Subdivisions utilizing the Flexible Design Option,
Secondary Open Space Conservation Areas may not be counted
towards the 33% requirement unless all potential Primary Open Space
Conservation Areas, other than those listed in (e) below, have been set
aside.
(d) Primary Conservation Open Space Areas include:
(i) Wetlands
Including, but not limited to, streams, creeks, pon•-, reservoirs,
stormwater management facilities for waters -, protection
purposes, and adjoining land areas iden . .-d as part of:
a. The National Wetlands I -ntory Maps for the county,
prepared by the U.S sh and Wildlife Service;
b. The "Orange Co. ty, N.C. Soil Survey," prepared by the
U.S.D.A. S. onservation Service;
c. The "I -ntory of Natural Areas and Wildlife Habitats,"
a-+m epared by the Triangle Land Conservancy;
d. AND A,T satellite data collected and analyzed under
the Albem. --Pamlico Estuarine Study;
e. A required env' . mental assessment or environmental
impact statement; a . or
f. A site analysis conducte• • a registered engineer, land
surveyor, landscape architec , chitect or land planner
using data from the U.S. Army Co . of Engineers.
(ii) Floodplains (100-year) and Alluvial Soils
Orange County, North Carolina—Unified Development Ordinance Page 7-43
Article 7: Subdivision
Section 7.12: Flexible Developments
Identified as part of:
a. The "Flood Insurance Study: Orange County, .C.,"
prepared by the Federal Emergency Maria'-ment
Agency (FEMA); and
b. The "Orange County, N.C. Soil Survey," prepared by the
U.S.D.A. Soil Conservation Service.
(iii) Steep Slopes
Defined as those greater than 25%, ider ified as part of:
a. The "Orange County, N.C. S.il Survey," prepared by the
U.S.D.A. Soil Conservatio Service; and/or
b. A site analysis conducte. by a registered engineer, land
surveyor, landscape a hitect, architect or land planner
and calculated using opographic maps from an actual
survey or from the .S. Geological Survey.
(iv) Natural Areas and/or dlife Habitats
s identified as part . :
a. The "Inve'tory of Natural Areas and Wildlife Habitats,"
as prepared by the Triangle Land Conservancy;
b. A req Sired environmental assessment or environmental
p.ct statement; and/or
c. A' •ndependent site study conducted by a trained
•ota'ist and/or biologist.
(v) Hist. is and Ar aeological Sites
Li- ed on the Nati. al Register of Historic Places or included on
e state's national r:•ister study list, designated as a local
historic landmark, designated as a local historic district, and/or
identified as having a his potential for archaeological remains
as part of:
a. The "Chapel Hill Tow'ship Architectural Survey: Final
Report";
b. The "Orange County Mul .•le Property Documentation
Form: Historic Resources o Orange County";
c. "An Archaeological Survey o -ortions of Orange
County, N.C.";
d. A required environmental assess ent or environmental
impact statement; and/or
e. An independent site study conducte• •y a trained
architectural historian or archaeologist.
Where a historic or archaeological site is to be set -.side as a
separate lot, and preserved and/or restored as part • a flexible
development, the entire area within the lot may be cre•.ted
toward meeting the minimum open space requirement.
(vi) Wildlife Corridors
As identified in the Orange County Comprehensive Plan.
(e) A single, connected area of open space that meets one or more of the
definitions of Primary Open Space Conservation Area in (d) above may
be expanded by up to 20% of its area to provide an additional buffer.
Although the expanded area might not meet any other definitions of
Primary Conservation Open Space Area, it may be considered as such,
except that:
Orange County, North Carolina—Unified Development Ordinance Page 7-44
Article 7: Subdivisio m
Section 7.12: Flexible Developments
(i) Expansion areas may not be, in turn, expanded under this
provision,
(ii) Expansion areas may not be selected as Primary Conservation
Open Space Area unless all site areas meeting any other
Primary Conservation Open Space Area definition have already
been selected as open space, and
(iii) Expansion areas must be in the same natural state as the
Primary Conservation Open Space Area that is being expanded.
(2) Secondary Open Space Areas
(a) If there is not enough Primary Conservation Open Space Area acreage
on--site to meet the mandatory open space requirement,and if
there are no off-site Primary Conservation Open Space Areas areas
proposed, then Secondary Conservation Open Space Areas shall be
used to complete the requirement,..-
(b) Secondary Conservation Open Space Areas have fewer restrictions-;
with regard to location, mallow more flexibility to improve overall
open space design,.and have more active uses.purpese- These areas,
unless specified otherwise, receive full credit toward meeting the
minimum open space requirement of Flexible Developments.
(c) Secondary Conservation Open Space Areas may be proposed for the
following attributes:
(i) Access
a. An area may be chosen as a Secondary mien
Open Space Area because of its benefit in providing
open space access to residential lots in accordance with
regulations listed in-7.12.47.13.3(D).
b. Access areas shall also include desired compositional,
size and shape attributes, as listed in this subsection (2).
(ii) Composition
Sites chosen for Secondary Conservation Open Space Areas
must have one or more of the following characteristics or uses:
a. Woodlands
Including forestland for the planting and prod - ion of
trees and timber, where management pr.- ices such as
selective timber harvesting and wild - enhancement are
employed. Such woodlands m. onsist of hardwood,
pine, and/or mixed pine-h. : ood forests identified as
part of:
LAND satellite data collected and analyzed
u•.-r the Albemarle-Pamlico Estuarine Study;
ii. site analysis conducted by a registered
en..Beer, land surveyor, landscape architect,
archite .r land planner using aerial
photograph - d/or satellite imagery;
iii. A required environ - tal assessment or
environmental impact s ..-ment; and/or
iv. An independent site study con.. ted by a
trained botanist and/or forester.
b. Farmland
Orange County, North Carolina—Unified Development Ordinance Page 7-45
Article 7: Subdivision p
Section 7.12: Flexible Developmen's
Prime agricultural land as iden --i by the
U.S.D.A. Soil Conservati.• ervice in "Important
Farmlands: Orange -.unty, N.C." and which is
in active use f. e production of crops and/or
the raisin, of livestock is particularly
e raged.
Farmland also includes space on individual lots
used for gardens, ponds, horse paddocks and
ba • and similar uses.
c. Slopes of 15% to 2 '
Slopes that require special s slanning due to their
erosion potential, limitations for se. tank nitrification
fields, and terrain or elevation changes. ,. h areas may
be suitable for building, but higher site prepara and
construction costs are to be expected.
d. Other Historic and/or Archaeological Sites
As identified from the same sources as for primary
Primary Open Space Area conservation area sites (see
7.1a2.3(C)(1)(d)(v) above).
e. Public and/or Private Recreation Areas and Facilities
Including:
"Active recreation areas" such as publi•
recreation areas, including district a►.
community parks as identified in e master
recreation and parks plan; an. .rivate recreation
facilities, including golf cou .es, playing fields,
playgrounds, swimming .00ls and courts for
tennis, basketball, vo -yball and similar sports.
Because they repr- ent uses in which natural
lands are clear=., graded and managed for
intensive ac ..ities, only half(50%) of the land in
this cate.z may be credited toward meeting
the mi um open space requirement.
ii. "L. -impact recreation areas" such as
.edestrian, bicycle and equestrian trails, picnic
areas, community commons or greens, and
similar kinds of areas, whether public or private.
Land in this category receives full credit toward
eeting the minimum open space requirement.
Scenic Vie
Natural and cult .I features visible from designated
scenic road corrido including views from the road as
well as views outward .m potential home sites are
particularly encouraged. L: dscape buffers that screen
the view of development an. 'reserve the character of
rural public roads are also inclu.-d in this category.
g. Pedestrian Open Space Area (POS.
Orange County, North Carolina—Unified Development Ordinance Page 7-46
Article 7: Subdivision
Section 7.12: Flexible Developmen's
A POSA is a traversable corridor at least 50 fe= wide,
undeveloped except for pedestrian recreatio► amenities,
and in common ownership.
POSAs are not required to ha - constructed
walking paths, but they mus se reasonably
passable on foot.
ii. The final composition a POSA shall be
evaluated on the int- t of the overall access
plan in the subdiv. ion.
iii. If the POSAs •.nnect active or low impact
recreation . -as, or if the POSAs are identified
as a recr=.tion amenity, then a constructed path
can be 'equired as a part of the approval
prow s.
iv. L dscaping to ensure compatibility with the
atural and scenic goals of open space shall
also be evaluated.
v POSAs shall not be used to connect significant
habitat and wildlife open-space sections.
Wildlife corridors are for this purpose.
vi. A POSAs shall be connected to other types of
op-I space.
vii. In a Fl- ible Development subdivision, all
existing ..cess ways shall, if practicable, be
connected I'to a single system.
viii. Flexible Subdi ions shall also have at least
one POSA and, en practicable, connect to at
least one outside es;e of the subdivided
property, in order to p -serve the ability to
connect the POSA with .ture, adjacent projects.
ix. POSAs may be used to sate- up to 5% of the
33% open space requirement .r flexible
development (for example, in a bdivision
containing 100 acres of total land . ea, up to
1.65 acres of the total POSA in the s 'division
would count towards meeting the 33% 3-acre)
open space requirement).
h. Roadside Buffers
Areas buffering public roads, when they are at least 75
feet in width, measured in one direction from the nearest
edge of the right-of-way may be considered Secondary
Conservation Open Space Areas.
Roadside buffers must be composed of
undisturbed natural vegetation or of enhanced
vegetation if enhanced vegetation is installed as
a condition of the approval.
Greenbelt Linkages
Areas that can be used as part of a connected greenbelt
path, within an approved County Greenbelt program.
(d) Size and Shape
Orange County, North Carolina—Unified Development Ordinance Page 7-47
Article 7: Subdivision
Section 7.12: Flexible Developmen's
Secondary Conservation Common Open Space Areas, to the extent
possible, shall be part of substantially sized and/or contiguously linked
open space sections and meet guidelines as stated in Section 7.412.8.
(D) Access to Commor Open Space
(1) General public accessibility to and within open space shall be encouraged as
follows:°valuated on a cacc by cacc analysis of the goals and the intended
use(s) of the open space in that particular development.
(a) Primary Conservation Open Space Areas, due to their considerable
recreation, scenic and cultural public values, shall be made available
for the use of the public at large through access by public road.
However, it will not be feasible for public use to be provided in all
cases (e.g. fragile cultural sites, protected and/or private habitat areas,
hazardous slopes and wetlands, etc.).
(b) Secondary Conservation Open Space Areas shall be available to, at
least, subdivision residents, particularly when it includes active and low
impact recreation areas. In some cases, this level of public entry may
(2) If less than half of designated open space is Primary Conservation Open Space
Area, the subdivision plan shall provide direct access to Primary or Secondary
Conservation Open Space Area to at least 75% of project lots. The remaining
lots shall be within approximately 300 feet of an accessible point of Primary or
Secondary Conservation Open Space Area.
(3) If the majority of open space is Primary Conservation Open Space Area, the
subdivision plan shall provide direct access to Primary or Secondary
Conservation Open Space Area to at least 50% of project lots. The remaining
lots shall be within approximately 600 feet of an accessible point of Primary or
Secondary Conservation Open Space Area.
(E) Ownership of Common Open Space
Common Open space Space within a flexible development may be owned and/or
administered by any of the following methods, either individually or in combination. All
open space shall be permanently restricted from further subdivision.
(1) Fee simple dedication to the County, another unit of local government, the state
or a private nonprofit land conservancy. The County may reject any proposed
dedication at its discretion prior to or during the application process.
(2) Dedication of conservation easements to the County, another unit of local
government, the state or a private nonprofit land conservancy. Such easements
may apply to a single property owned by a homeowner's association and/or to all
or portions of individual lots owned by one or more property owners. The County
may reject any proposed dedication at its discretion prior to or during the
application process.
(a) Where conservation easements have been dedicated and accepted
prior to application for approval of a flexible development proposal, the
land subject to the easement may be counted toward satisfying the
33% open space requirement, provided that it is a portion of and in the
same ownership as the land to be subdivided.
(3) Ownership by a homeowner's association where specific development
restrictions and maintenance requirements are included as part of its bylaws and
as irrevocable articles of restrictive covenants.
Orange County, North Carolina—Unified Development Ordinance Page 7-48
Article 7: Subdivisio o
Section 7.12: Flexible Developments
(4) Ownership by individual property owners, of estate lots only, where specific
development restrictions and maintenance requirements are included as part of
restrictive covenants and/or permanent conservation easements applicable to
such lots.
(F) Maintenance of Common Open Space
(1) Natural features shall be maintained in their natural condition, but may be
modified to improve their appearance, function or overall condition, as
recommended by experts in the particular area being modified. Permitted
modifications may include the following:
(a) Reforestation;
(b) Woodland management;
(c) Pasture or cropland management;
(d) Buffer area landscaping;
(e) Stream bank protection; and/or
(f) Wetlands management
(2) Unless accepted for dedication or otherwise agreed to by the County, another
unit of local government, the state or a private nonprofit land conservancy, the
cost and responsibility of maintaining open space and any facilities located
thereon shall be borne by the property owner and/or homeowner's association.
7.13.17.12.5 Development Standards
Plats for Major Subdivisions utilizing the Flexible Development subdivision platsOption-shall be
prepared in accordance with one or more of the following development options: Estate Lot
Option; Conservation-Cluster Option; Village Option.
(A) Estate Lot Option
For lots created as part of an estate lot development, the following standards apply:
(1) Each estate lot shall have a lot size of at least four acres.
(2) For each estate lot, a building envelope (buildable area)shall be defined of
sufficient size to accommodate a single-family detached dwelling and customary
accessory uses, including, but not limited to, storage buildings and garages,
patios and decks, lawns, and driveways, septic systems including repair areas
and well sites.
(3) The building envelope of an estate lot may not exceed 50%of the total lot area
and shall not include designated Primary and/or Secondary Conservation Open
Space Areas.
(4) Only the area outside of the building envelope of an estate lot may be counted
toward meeting the minimum open space requirement. To the highest degree
possible, the open space area shall be contiguous to open space designated on
the adjacent lot(s) and shall not include required front yard and side yard
setbacks unless the front or side yard contains significant primary or secondary
Primary or Secondary Open Space Areas.
(5) A septic system repair area and/or well can be located within the secondary
conservationSecondary Open Space Area area provided the land designated for
the septic system and/or well is not more than one quarter of the secondary
Secondary Open Space Area a of the lot. No septic system,
repair area and/or well can be located in the primary conservation areaPrimary
Open Space Area of a lot.
(6) Each building envelope on an estate lot shall adhere to the following spacing
standards:
Orange County, North Carolina—Unified Development Ordinance Page 7-49
Article 7: s5
Subdivisi9�
Section 7.12: Flexible Developments
TABLE 7.13.4.A.6: BUILDING ENVELOPE SPACING STANDARDS
FOR ESTATE LOTS
Minimum spacing between building envelopes on adjacent lots 100 feet
Minimum spacing between building envelope and subdivision boundary or off-site 150 feet
sublic street rig ht-of-wa
Minimum spacing between building envelope and on-site public or private street 50 feet
rig ht-of-wa
Minimum spacing between building envelope and any other lot line 30 feet
Minimum spacing between building envelope and wetland or water bodies(lakes, 100 feet
.onds, streams, etc.
(7) Provided the arrangement, design, and shape of estate lots is such that lots
provide satisfactory and desirable sites for building; contribute to the preservation
of designated Primary and/or Secondary Conservation Open Space Areas;
provide convenient access for emergency service vehicles; and satisfy all
building envelope spacing standards, the minimum required lot frontage may be
reduced to not less than 20 feet for flag lots, and lots fronting on culs-de-sac and
"T" turnarounds.
(8) Estate lots shall be restricted against further subdivision through deed restrictions
and/or permanent conservation easements. Primary and Secondary
Conservation Open Space Areas located outside building envelopes shall be
restricted against further development through conservation easements and/or
deed restrictions.
(9) Estate lot subdivision road(s)shall be designed to provide internal access to all
lots in the subdivision. Private driveways shall access existing state maintained
roads only via subdivision roads providing internal access to lots in the
subdivision.
(10) A 100-foot Type F buffer meeting the requirements of Section 6.8.6 shall be
provided along the frontage of all existing state maintained roads adjacent to the
subdivision boundaries.
(a) In areas of dense mature forest, existing vegetation may be used to
fulfill the buffer requirements.
(b) If additional planting is required, new plant materials that satisfy the
buffer requirements of Section 6.8.5 shall be installed and maintained
in accordance with provisions of Section 6.8.
(B) Conservation-Cluster Option
A conservation-cluster subdivision is one in which building lots are grouped together
through a transfer of allowable density within the subdivided tract provided the transfer of
density within the subdivision does not increase the average density in any overlay
zoning district.
In a conservation-cluster subdivision designed with density transfer, lots smaller than the
minimum lot size permitted in the zoning district are allowed provided such lots and
subdivisions are developed in accordance with the following standards:
(1) Land saved through lot size reductions shall consist of designated Primary and/or
Secondary Conservation Open Space Areas.
(2) The total amount of land set aside as Primary and Secondary Conservation
Open Space Areas shall equal the sum of all reductions in minimum lot area and
shall comprise at least 33%of the total land area in the subdivision. For Minor
subdivisions utilizing this option, the minimum amount of open space may
increase beyond amount per UDO 7.12.4(A) (2).
Orange County, North Carolina—Unified Development Ordinance Page 7-50
Article 7: Subdivisiorn
Section 7.12: Flexible Developments
(3) Both Primary and Secondary Conservation Open Space Areas shall be placed in
undivided preserves which adjoin housing areas that have been designed more
compactly to create larger conservation units that may be enjoyed by all
residents of the subdivision and, if possible, enjoyed visually by the general
public. Such undivided open space shall be accessible to the largest number of
lots within the development. To achieve this, the majority of houselots should
abut undivided open space to provide residents with direct views and access.
Safe and convenient pedestrian access to the open space from all adjoining
houselots shall be provided, except in the case of farmland or other resource
areas vulnerable to human disturbance. The design must meet the criteria
outlined in Section 7.1412.8-4 which sets forth conservation area design
characteristics.
(4) Where undivided open space is designated as separate non-contiguous parcels,
no parcel shall consist of less than three acres in area, nor have a length-to-width
ratio in excess of 4:1, except such areas that are specifically designed for
neighborhood commons or greens; playfields; buffers adjacent to wetlands,
watercourses, and rural roads; wildlife corridors; or trail links.
(5) Each lot must contain a buildable area of sufficient size to accommodate a
single-family detached dwelling and customary accessory uses, including, but not
limited to, storage buildings and garages, patios and decks, lawns, driveways,
septic systems including repair areas and well sites. A septic system and/or well
site may be located in a secondary conservation open space areaSecondary
Open Space Area provided it does not occupy more than one quarter of the
secondary conservation areaSecondary Open Space Area. No septic system,
repair area and/or well can be located in the primary conservation areaPrimary
Open Space Area.
(6) Provided the arrangement, design, and shape of cluster lots is such that lots
provide satisfactory and desirable sites for building, and contribute to the
preservation of designated Primary and/or Secondary Conservation Open Space
Areas, minimum lot area, lot width, and setback requirements as specified in
Article 3 of this Ordinance may be reduced as set forth below.
(a) For Major Subdivisions, the mMinimum lot area requirements may be
reduced by 65% of the minimum lot size permitted by the zoning
district including any overlay district requirements; however, minimum
lot area may not be smaller than 40,000 square feet within a watershed
protection overlay district where lots are served by individual septic
systems.
{a3(b) For Minor Subdivisions utilizing this option, the minimum amount of
open space may increase per UDO 7.12.4 (A) (2).
(#)(c) Minimum lot width requirements may be reduced to 100 feet in the AR
and R1 Districts. Minimum lot width requirements may be reduced by
30% in all other zoning districts.
(c) Minimum front, rear, and side setback requirements may be reduced
by 25% but shall be no less than ten feet.
(d) Minimum lot frontage requirements may be reduced to 20 feet for lots
fronting on culs-de-sac and "T"turnarounds.
(e) Minimum spacing between building envelopes and the subdivision
boundary or off-site public street right-of-way shall be 100 feet and
may be counted as open space.
(7) Conservation clusterConservation Cluster subdivision road(s)shall be designed
to provide internal access to all lots in the subdivision. Private driveways shall
access existing state maintained roads only via subdivision roads providing
internal access to lots in the subdivision.
Orange County, North Carolina—Unified Development Ordinance Page 7-51
Article 7: Subdivision ,
Section 7.12: Flexible Developmen's
(8) Cluster lots shall be restricted against further subdivision through deed
restrictions and/or permanent conservation easements. Primary and Secondary
Conservation Open Space Areas shall be dedicated to Orange County, another
unit of local government, the State of North Carolina, a private non-profit land
conservancy or a homeowners association.
(C) Village Option32
Villages represent a modified form of cluster development intended to serve as physical,
social, and economic focal points in rural portions of the county. Consequently, villages
are appropriate locations for civic uses, such as schools and churches, as well as a
variety of economic functions, including stores and workshops, and residential building
types designed to accommodate a range of socio-economic groups.
(1) The location, size, and composition of each village will be a function of the
development potential of the land associated with the settlement, including, but
not limited to:
(a) The zoning of the site, including the maximum allowable number of
dwelling units;
(b) The method of water supply and sewage disposal, including the
number of approved disposal sites;
(c) The presence of Primary and Secondary Conservation Open Space
Areas, including contiguous areas located on adjoining properties;
(d) The presence of existing and/or proposed transit routes and corridors,
and areas of future urban growth; e.g., Transition Areas; and
(e) The presence of protected watersheds, including defined critical areas.
(2) Villages shall meet the following general standards:
(a) Village Proper
The village proper is the village, comprised of reside. al units with
associated commercial, office, and service functi. s.
(i) The village proper may not exceed 00 acres in size and shall be
built in a compact manner so a o permit pedestrian
accessibility to its center wi a five minute walk.
(ii) he village proper is to se distinguished from the village
co ervancy by a , -II-defined "edge" of closely spaced buildings
in con _st wit e open space of the conservancy.
(iii) A village • o.-r may not be located closer than one-half mile
from •- edge o .nother village proper, and every effort shall be
.e to keep the s-•arate settlements visually distinct.
(iv) The village proper is to b- suilt in a generally rectilinear pattern
of interconnecting streets, de ed by buildings, street furniture,
and landscaping, as places to b- ,hared equally by pedestrians
and automobiles.
(v) A hierarchy of parks and squares is to be . ovided and
distributed strategically throughout the village : d culminate in a
central civic space called the "Village Green."
(vi) Village lots shall be restricted from further subdivision ough
deed restrictions and/or permanent conservation easemen .
32 Staff had recommended this provision become a new Conditional Zoning district. This will be addressed as part
of a future UDO amendment package. For now staff is recommending minor text changes to ensure consistency
throughout the document.
Orange County, North Carolina—Unified Development Ordinance Page 7-52
Article 7: Subdivisio n
Section 7.12: Flexible Developments
(vii) The village proper may be composed of four uses: Storefront
Uses, Townhouse Uses, single-family detached Residential
Uses, and Workshop Uses. These uses and the standards
applicable to each are described in (3) below.
(b) Village Conservancy
The village conservancy is a continuous open space area surrounding
the village proper, representing the land from which dwellings have been
transferred to the village proper.
(i) In lieu of a continuous open space area, a village conservancy
may consist of open space and estate lots, provided all estate
lots meet the standards of(A) above.
(ii) Open space within the village conservancy shall consist of
designated Primary and/or Secondary Conservation Open Space
Areas.
(iii) The amount of land set aside as open space in the village
conservancy shall comprise at least 33%of the total land area in
the subdivision and shall be no less than 100 feet in width at any
place, except for short connecting links.
(iv) Primary and Secondary Conservation Open Space Areas within
the village conservancy shall be restricted from further
development through dedication to Orange County, another unit
of local government, the State of North Carolina, a private non-
profit land conservancy or a homeowners association, including
the recording of conservation easements.
(3) Village Development Standards
The specific standards applicable to the village proper and its component parts
are described in the following tables.
TABLE 7. .4.C.3:VILLAGE DEVELOPMENT STANDARDS
GENERAL PROVISIONS
• :•d within a village shall be available for uses as provided in this subsection .
Land Use • Mixed - of buildings is encouraged in central areas of the Village Pro•- , and single-story, single-
use buildings . - discourased.
• Similar land use ca • ies shall generally front across str-- , and dissimilar categories may abut at
Land rear property lines.
Allocation • Corner lots which front on streets : dissimil. •se categories shall be designated the category with
the .reater intensit of use.
• Lot design and building placer.- within eac : -a of the village proper should be varied to create a
distinct character, and •- it a range of activities an. .tensities of use.
Lots& • All buildings, e -. outbuildings, shall have their main en .• e opening to a street or square.
Buildings • Stoops •:-n colonnades, and open porches may encroach into ' , ont yard setbacks.
• : sings placed less than five feet from a side property line shall be win.: less on those sides
(does not apply to front and back); provided, however, small ventilation windo - d clerestory
windows are sermitted.
Orange County, North Carolina—Unified Development Ordinance Page 7-53
Article 7: Subdivisio n
Section 7.12: Flexible Developments
TABLE 7. .4.C.3:VILLAGE DEVELOPMENT STANDARDS
• All lots and tracts within the village proper shall have access to pedestrian and vehicular routes.
• Every village proper shall have two access points to paved roadways designated as collector and .r
arterial streets.
• There shall be a continuous network of alleys to the rear of the lots in the Village Proper. Alle shall
be 16 feet in paved width if two-way; 12 feet in paved width if one-way.
• Every village proper shall provide a pedestrian network which includes parks, squares, si%ewalks
Streets& along streets, and alleyways through blocks. The network shall link all parts of the villa.- proper,
Alleys making walking easier than driving. Wherever practicable, streets shall be aligned in - ch a way that
ey provide terminal vistas of parks, greens, commons, squares, and large build in. of a public,
s= i-public or civic nature.
• No . ock face shall have a length greater than 500 feet without an alley providi . through access.
• Stree':mps, between eight and 15 feet in height, and equipped with incande-cent or metal halide
lights, s .II be installed on both sides of streets at all street intersections a : at mid-block where
block len. s exceed 400 feet.
• On-street p. ing directly fronting a lot shall count toward fulfilling the .Irking requirement.
• The number o equired off-street parking spaces may be reduced b demonstrating the availability of
shared parking.
• Parking lots shall .- located at the rear or at the side of building . Such lots shall be screened from
Parking the sidewalk by a m. onry wall or wood fence, no less than 75'0 opaque, built along the property
line, and at least three eet in height.
• Street trees shall be inst. led within four feet of the proper , line abutting a street at no more than 40
foot intervals. They shall b_ deciduous and of varieties t :t obtain a mature height of at least 50 feet.
• Ad'acent .arkin. lots shall h. e internal vehicular con►-ctions.
PUBLIC&CIVIC USE PRO'iISIONS
Land designated as part of Public and CI, - .y include the following:
• Parks and squares; and
• Community buildings and facilities, inclu. r. meeting halls, libraries, post offices, schools, day care
Land Use centers, churches, civic clubs, police an. fire substations, recycling centers, maintenance facilities,
and similar uses.
• Large scale recreational uses shall .- located .utside the village proper within the village
conservancy.
• At least 10%of the land area in e village proper s all be set aside for Public and Civic Areas.
• Each village proper shall cont.,in a central civic spac- or"village green"of at least one acre in size.
The village green shall be s rounded on at least three ides by Storefront and/or Townhouse Areas
which may include closely paced, detached row houses, .nd storefront buildings or"shops".
• Each village proper sha contain a"meeting hall"located a.'acent to the village green, designed and
sized to accommodat: a village meeting, constructed in the e-rly stages of village development, and
owned and operate. •y the residents of the village; e.g.,the ho, eowners association.
Land • The requirement . providing a "meeting hall" may be satisfied th 'ugh assurances that a community
Allocation center, school o church may be used for and is of sufficient size to accommodate a village meeting.
• At least 5%o he land area in the village proper shall be arranged in : series of parks and squares
designed to erve as focal points for residential neighborhoods, and lin'-d together by a system of
pedestrian sidewalks and avenues. Wherever possible, they shall be pos 'oned to form"terminal
vistas" . the ends of streets or along bends in the street alignment.
• At le.: 2%of the land area in the village proper shall be designated for othe .ermitted public and
civi. uses such as schools, day care centers, churches, and similar uses.
• L. d included in the village green, parks, and squares, may be counted toward s. isfying the 33%
.pen space requirement.
• Buildings located in Public and Civic Areas shall be subject to the same setback and -ight
Lots& standards of uses on adjacent lots. For example, a meeting hall located adjacent to a T. nhouse
Buildings Area shall meet the same setback and building height standards as required for buildings a
Townhouse Area.
• Streets fronting on Public and Civic Area lots shall conform to the same standards as land us-
Ste: s& across from or adjoining the lots. For example, the streets fronting a meeting hall located adjacent to
All s a Townhouse Area shall meet the same standards as required in a Townhouse Area.
• Street trees shall be installed within four feet of the property line abutting a street at no more than 41
foot intervals. They shall be deciduous and of varieties that obtain a mature height of at least 50 feet.
Orange County, North Carolina—Unified Development Ordinance Page 7-54
Article 7: Subdivisi9 m
Section 7.12: Flexible Developments
TABLE 7. .4.C.3:VILLAGE DEVELOPMENT STANDARDS
• The number of parking and loading spaces shall be provided in accordance with Section 6.9 of this
Ordinance.
'arking • No fewer than 75%of the parking spaces shall be located to the rear of the building being serv-d.
The remaining spaces shall be accommodated in curbside parallel spaces and/or in side par, ng lots
screened from the street.
STOREFRONT USE PROVISIONS
Land designated for Storefront Uses may be used for the following purposes:
Personal service shops, including, but not limited to, barber and beauty shops, fa. srs, shoe repair,
dry cleaners, and similar uses.
• secialized retail stores, including, but not limited to,the sale of gifts, novelti= ,flowers, books,
an 'clues,jewelry, apparel, toys and crafts,stationery, and similar uses. Cor er groceries, general
stor--, hardware stores, and drug stores are also permitted.
Land Use • Resta ants, excluding fast food and/or drive-in establishments.
• Busines .nd professional offices, including, but not limited to, real a ate and insurance offices,
travel agen,ies, medical and dental offices, opticians, banks and fi .ncial institutions(excluding
drive-in wind.ws), lawyers, engineers, and similar uses.
• Studios for art, :ance, music, and photography.
• Accessory reside ial apartments built over stores and offic-:. Where provided, at least 25%of the
floor area shall be .-signated for residential use.
• Not more than 5%of 'e land area in the Village Proper .hall be designated for Storefront Area use.
Land • Storefront Area lots sha have a minimum lot frontag- .f 16 feet.
Allocation • A maximum of five lots ma be combined for the pu .ose of constructing a single building.
• Setback requirements on co ,bined lots shall be e same as for single lots.
• Buildings lots shall have their f .nt facade; e.g. suilding wall facing the street, built to within five feet
of the front property line along at -ast 70%o' he lot frontage.
• The unbuilt portion of the lot fronta.- shall ave a masonry wall or wood fence, no less than 75%
Lots& opaque, built within five feet of the pr.se' line, and at least three feet in height.
Buildings • Buildings shall have no setback from a '-ast one side property line except on corner lots where the
side yard setback adjacent to the str:-t s' .11 be five feet.
• Building coverage may not excee. 0%oft - lot area.
• Buildings may not exceed three : ories in heig•t.
• Lots shall front on a street wit a maximum right-q-way width of 70 feet, consisting of at least two 12-
foot travel lanes, 8-foot par. el parking on both si.:s, and 12-foot sidewalks on both sides.
• Lots shall have their rear .t lines coinciding with the .6 ht-of-way of a 24-foot alley, containing a
Streets& vehicular pavement wid of at least 12 feet if one-way •r 16 feet if two-way.
Alleys • Street trees shall be . nted on both sides of the street a o more than 40-foot intervals. They shall
be deciduous and o varieties that obtain a mature height o .t least 50 feet.
• Provision shall b- ade for service delivery, utility poles(if a , and trash collection at the rear lot
line.
• The number . parking and loading spaces shall be provided in a ordance with Section 6.9 of this
Ordinance.
Parking • Not less an 75%of the parking spaces shall be located to the rear o he building. The remaining
spaces hall be accommodated in curbside parallel spaces and in side 'Irking lots screened from
the s eet.
TOWNHOUSE USE PROVISIONS
La'd designated for Townhouse Uses may be used for the following purposes:
Attached dwellings including townhouses and apartments.
• Day care centers.
Land Us- • Bed and breakfast establishments.
• Retirement centers.
• Home occupations of a professional and/or office nature when located on the second floor o• .
permitted outbuilding.
• An accessory residential apartment when located on the second floor of a permitted outbuilding.
Orange County, North Carolina—Unified Development Ordinance Page 7-55
Article 7: Subdivisio i
Section 7.12: Flexible Developments
TABLE 7. .4.C.3:VILLAGE DEVELOPMENT STANDARDS
• Not more than 5%of the land area in the Village Proper shall be designated for Townhouse Area
use.
Land • Townhouse Area lots shall have a lot frontage of 50 feet.
• location • A maximum of 12 lots may be combined for the purpose of constructing a single building co ining
apartments.
• Setback requirements on combined lots shall be the same as for single lots.
• When attached, townhouses shall generally not comprise more than 15%of the stree rontage in a
residential district.
• Buildings shall be set back either five feet or 15 feet from the front property line.
The lot frontage shall have a masonry wall, wood fence or hedge, no less than 1%opaque, built
within five feet of the property line, and at least three feet in height.
Lots& • : ildings shall have no required setback from side property lines except o orner lots where the
Buildings si._ yard setback adjacent to the street shall be five feet.
• Build •. coverage may not exceed 70%of the lot area.
• Buildin. • may not exceed three stories in height.
• One outb. (ding is permitted on each lot, provided its ground floor :rea does not exceed 450 square
feet, it does •ot to exceed two stories in height, and it is located ithin 30 feet of the rear property
line and at lea four feet from one side property line.
• Lots shall front o• a street with a maximum right-of-way wid of 60 feet, consisting of at least two 12-
foot travel lanes, 8 oot parallel parking on both sides, an. .-foot sidewalks on both sides.
• Lots shall have their -ar lot lines coinciding with the rig, -of-way of a 24-foot alley, containing a
Streets& pavement width of at le:st 12 feet if one-way or 16 fe: if two-way.
Alleys • Provision shall be made • service delivery, utility ..les(if any), and trash collection at the rear lot
line.
• Street trees shall be planted o• both sides oft street at no more than 40-foot intervals. They shall
be deciduous and of varieties th:t obtain a m ure height of at least 50 feet.
• The number of parking and loadin. spaces hall be provided in accordance with Section 6.9 of this
Parking Ordinance.
• All off-street parking spaces shall be I...ted to the rear of the building, with access through an alley
onl . On-street .arkin. shall be .rov;ta,1 sarallel spaces.
RESIDENTIAL USE PROVISIONS
Land designated for Residential es may be used fo the following purposes:
• Detached single-family dw' lings.
Land Use • Home occupations of a 6 ofessional and/or office nat - when located on the second floor of a
permitted outbuilding.
• An accessory resid: tial apartment when located in a per tted outbuilding.
• At least 40%oft • land area in the Village Proper shall be d ignated for House Area use.
• Densities withi 'esidential Use areas should decrease as dist. ce from the Village Center
Land increases.
Allocation • House Are lots shall have an average lot frontage of 75 feet.
• A maxi ,m of two lots may be combined for the purpose of constructs'. a single building.
• Setba• requirements on combined lots shall be the same as for single 1• s.
• Buil, ngs shall be set back between 15 feet and 25 feet from the front prop_ y line.
• 0, at least 30%of all Residential Use area lots, the lot frontage shall have a asonry wall,wood
-nce or hedge, no less than 50%opaque, built within five feet of the property Ii'e, and at least three
feet in height.
Buildings shall be set back from the side property lines equivalent(in total)to no les than 20%
Lots& percent of the lot width.The entire setback may be allocated to one side.
Buildings • Buildings shall be set back no less than 30 feet from the rear property line.
• Building coverage may not exceed 50%of the lot area.
• Buildings may not exceed two stories in height.
• One outbuilding is permitted on each lot, provided its ground floor area does not exceed 450 s..are
feet, it does not to exceed two stories in height, and it is located at least four feet from one side
property line. There is no setback requirement for outbuildings from the rear property line.
Orange County, North Carolina—Unified Development Ordinance Page 7-56
Article 7: Subdivisio
Section 7.12: Flexible Developments
TABLE 7. .4.C.3:VILLAGE DEVELOPMENT STANDARDS
• Lots shall front on a street with a maximum right-of-way width of 60 feet, consisting of at least o 12-
foot travel lanes, 8-foot parallel parking on one side, and a 5-foot sidewalk on one side.
• Lots shall have their rear lot lines coinciding with the right-of-way of a 24-foot alley, contai g a
Streets t vehicular pavement width of at least 12 feet if one-way; 16 feet if two-way.
Alleys • Provision shall be made for service delivery, utility poles(if any)and trash collection . the rear lot
line.
Street trees shall be planted on both sides of the street at no more than 40-foot i' ervals. They shall
.e deciduous and of varieties that obtain a mature height of at least 50 feet.
• T' - number of parking and loading spaces shall be provided in accordance ith Section 6.9 of this
Ordi..nce.
Parking • All off- eet parking spaces shall be located to the side or rear of the s ilding. When access is
through t - lot frontage, garages and carports shall be located a mi um of 10 feet behind the front
building wa ine. Front-facing garage doors shall be sainted to m. ch the color of the main house.
WORKSHOP USE PROVISIONS
Land designated for Wor hop Uses may be used for the folio ing purposes:
• Farm service support e ablishments.
• Building and landscaping ..ntractors.
• Establishments involved in t - repair, assembly, . d/or manufacture of products which require only
Land Use hand or table mounted electric. tools.
• Automotive service uses, including the servi g and repair of automobiles, and sale of automobile
parts, but excluding body repair sho. and . tomobile storage.
• Warehousing and distribution establish' -nts, provided all storage is conducted entirely within a
building.
• Not more than 2%of the land area the Vi ge Proper shall be designated for Workshop Area use.
• Workshop Area lots shall be gro sed together, ocated at the edge of the Village Proper, and be no
Land closer than 500 feet to the Vill.s e Green.
Allocation • Workshop Area lots shall h. e a maximum lot front.:a of 150 feet.
• A maximum of two lots sy be combined for the pure. ,e of constructing a single building.
• Setback requirements sn combined lots shall be the sam_ as for single lots.
• Buildings shall not s- required to provide setbacks from fro .or side property lines.
• Workshop Area Is s shall be separated from other types of use ategories at the side or rear property
Lots& lines(except a, entry onto an alley) by a continuous masonry or ood wall of not less than 10 feet in
Buildings height or by landscaped buffer of 100 feet in width.
• Building cs erage may not exceed 70%of the lot area.
• Building may not exceed two stories in height.
• Lots : all front on a street with a maximum right-of-way width of 60 feet, co isting of at least two 12-
fo. travel lanes, 8-foot parallel parking on one side, and 5-foot sidewalks on :ith sides.
• ots shall have their rear lot lines coinciding with the right-of-way of a 24-foot all- containing a
Streets& vehicular pavement width of at least 12 feet if one-way; 16 feet if two-way.
Alleys Provision shall be made for service delivery, utility poles(if any)and trash collection a the rear lot
line.
• Street trees shall be planted on both sides of the street at no more than 40-foot intervals. •ey shall
be deciduous and of varieties that obtain a mature height of at least 50 feet.
• The number of parking and loading spaces shall be provided in accordance with Section 6.9 of ' s
Ordinance.
'arking All off-street parking spaces shall be located to the side or rear of the building.
•• On-street parking spaces shall be curbside, and parallel to the curb.
7.13.57.12.6 Street Standards
All streets in Flexible Developments shall conform to the standards contained in Section 7.8.3 or
7.8.4 and 6.17 of this Ordinance, provided, however, private roads will be permitted as follows:
(A) The number of lots served by a private road shall be limited as specified by the Orange
County Private Road Standards in Section 7.8.4 of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 7-57
Article 7: Subdivision
Section 7.12: Flexible Developments
(B) Where a Flexible Development has 12 lots or less, the street system may consist of
different classes of private roads provided a logical hierarchy of private roads is planned,
with those of lower classification connecting to those of higher classification.
(C) Where a Flexible Development has more than 12 lots, the street system may consist of
public streets and private roads provided:
(1) The street system in the development forms a logical hierarchy of thoroughfares
with streets of lower classification connecting to streets of higher classification;
(2) The development contains no more than 50 lots;
(3) All entrance roads serving the development are public streets;
(4) All streets which stub-out at property lines to provide for the extension of or
connection to future street systems are public streets; and
(5) Private roads are not proposed as part of a Village (Section 7.13A (C)}7.12.5
(C)) except in the Village Conservancy portion of the development.
(D) Private, dead-end roads may be terminated in a cul-de-sac or"7 turnaround. Where a
"7 turnaround is used as the terminus for a private road, the dimensions (e.g., turning
radius) of the "7 shall be sufficient to allow emergency service and trash collection
vehicles adequate room to turn around.
(E) Existing street rights-of-way may not count toward the minimum 33% open space
requirement. However, new street rights-of-way may be counted but only to the extent
that they are required to pass through or by open space uses as defined herein to link
one buildable portion of a site with another; and they are located and/or constructed so
as to have no adverse impacts on Primary and Secondary Conservation Open Space
Areas.
7 1-M7.12.7 Water Supply and Sewage Disposal Facilities
ater supply and sewage disposal facilities to serve Flexible Developments may be provided
throb:• the use of:
(A) Indivi•b: ells and septic tanks provided either on each lot or is : -of locations
protected throb:. recorded easements; or
(B) A community water an• • ewage dispos. -Ys em designed, constructed, and
maintained in conformity with a :...: . able state, federal, and local rules, regulations,
and policies; or
(C) Connection e . ater and/or sewage disposal sy _• operated by a municipality,
as • ion, or water or sewer authority. System extensi.-_ are permitted only in
accordance with applicable water and sewer, and land use poll __ and shall be sized
only to serve the Flexible Development for which the system is exten•-•; •r
(D) A combination of the above alternatives.
7.13.77.12.8 Design Guidelines
Determining Density or Lot Yield
(1) •verall density shall be based upon the minimum lot size requir-••- s of the
zone • '• trict in which the Flexible Development is to b- : . ed and on the
basis of a Co ,- tional Subdivision or"Yield" P -- onforming to the regulations
governing lot dimens •• land suitabl- I. •evelopment, and street design.
Although such plans shall be 6, eptual in nature and are not intended to involve
significant engineeri . : surveying • they must be realistic.
(2) Potenti. :• ding lots and streets must not be s • • in areas that would not
. narily be permitted in a Conventional Plan i.e., Speci. ood Hazard Areas,
wetlands, steep slopes, etc.).
Orange County, North Carolina—Unified Development Ordinance Page 7-58
Article 7: Subdivisio i
Section 7.12: Flexible Developments
3) If the residential lots are proposed to be served by septic systems -- `Yield"
plan shall show soil suitability for individual septic tanks by a • iminary soil
ability analysis performed in the field on at least 50°. • the proposed lots with
all of - •roposed lots located on a map showin• e location of soil types suited
for septic s - s based on the Orange C•. y, N.C. Soil Survey. The soil
suitability analyse :•d map shall be • -.ared by a Soil Scientist in consultation
with the Soil Scientist o •- E •nmental Health Division of the Orange County
Health Department.
(4) The number of I• • achieved through _ 'reparation of a Conventional
Subdivisio• •r"Yield" Plan is the number of • which must be used in preparing
the able Development Plan. The number of lot not be increased through
e proposed use of an alternative or community sewag- : •osal system.
Increases are permitted, however, at the Preliminary Plan stag- here a more
detailed soils analysis clearly demonstrates that a greater number o 2 is
achievable than shown on an approved Concept Plan.
(B) Design Process
Flexible Development subdivisions shall be designed around both the Primary and
Secondary Conservation Open Space Areas, which together constitute the total required
open space. The design process should therefore commence with the delineation of all
potential open space, after which potential house sites are located. Following that,
access road alignments are identified, with lot lines being drawn in as the final step.
This "four-step" design process is further described as follows:
(1) Open Space Designation
(a) All potential Conservation Open Space Areas, both Primary and
Secondary, shall be identified using a S14e-site Analysis analysis#a
map as described in Section 7.14.2(A)(3).
(b) Primary Conservation Open Space Areas shall consist of those
features described in Section 7.13.3(C)(1).7.12.4
(c) Secondary Conservation Open Space Areas shall comprise at least
half of the remaining land and shall include the most sensitive and
noteworthy natural, scenic, and cultural resources as described in
Section 7.13.3(C)(2).7.12.4.
(d) Guidance as to which parts of the remaining land to classify Secondary
Conservation Open Space Areas shall be based upon on-site visits
and the criteria contained in Section 7.13.8.7.12.4
(2) House Site Location
(a) Potential house sites shall be tentatively located.
(b) The proposed location of houses within each lot represents a
significant decision with potential impacts on the ability of the
development to meet the criteria contained in Section 7.13.87.12.4.
(c) Generally, house sites should be located no closer than 100 feet from
Primary Conservation Open Space Areas.
(d) House sites may be situated 50 feet from Secondary Conservation
Open Space Areas to permit the enjoyment of scenic views without
negatively impacting Primary Conservation Open Space Areas.
(3) Street and Lot Layout
(a) Proposed streets shall be aligned to provide vehicular access to each
house in the most reasonable and economical manner.
Orange County, North Carolina—Unified Development Ordinance Page 7-59
Article 7: Subdivision
Section 7.12: Flexible Developments
(b) When lots and access streets are laid out, they shall be located in such
a way that avoids or at least minimizes impacts on both Primary and
Secondary Conservation Open Space Areas.
(c) To the greatest extent practical, wetland crossings and streets
traversing slopes over 15% shall be strongly discouraged unless such
streets link one buildable portion of a site with another and no other
means of access is available.
(4) Drawing in the Lot Lines
a) Lot lines shall be drawn around potenti. -. se sites.
(b) ..• of must contain a b . :.• e area of sufficient size to
accommo•. . . ..-• e-family detached dwelling and customary
acces • . •ses, in .;.••, but not limited to, storage buildings and
:.rages, patios and decks, . • and driveways.
(c) Individual wells and septic systems, where -- e are to be provided,
may be located within the undivided conservation la . . sufficient
space is not available on the lots.
7,14,87.12.9 Evaluation Criteria
(A) Generally
(1) All open space planning shall show consideration of the specific physical
characteristics of the land parcel being developed, meet open space design
goals, and adhere to the three fundamental land characteristics of open space as
set forth in Section 7.13.3(B)(5).7.12.4.
(2) At any given site, the types of resources may vary widely in character(e.g., a
natural area compared to a historic site) and each type of resource ma ave
areas of greater or lesser significance (e.g., a notable example of to
vernacular building traditions compared to a much altered older .me). Priorities
for conserving such resources should therefore be based upo• a thorough site
analysis and an understanding of what is more special, u ..ue, noteworthy,
environmentally sensitive, and/or historic as compared iith other similar features
different types of resources.
(3) In ev. ating the layout of lots and open space e criteria in (B)through (G)
below wi se considered as indicating desk' appropriate to the site's features
and meeting ge intent of the Flexible D-ielopment standards.
(4) Whereas diversity : d originality in it layout are encouraged, it is recognized
that not all objectives •.y be a -ieved on a given site. Each applicant must
therefore to achieve the b- •ossible relationship between development and
preservation objectives.
(B) Criteria Applicable to all F - ible Develo• • ent Projects
The following criteria a.. y to all Flexible Develo•• ent projects:
(1) The shap- .nd placement of open space sha • eet the following:
(a) Be reasonably contiguous;
(b) Be coherently configured;
(c) Shall abut existing or potential open space on adjac-• properties;
(d) Be supportive of stated open space goals;
(e) Should not be overly fragmented as to minimize edges; and
Orange County, North Carolina—Unified Development Ordinance Page 7-60
Article 7: Subdivisi9,?
Section 7.12: Flexible Developments
Where the goal of the Flexible Development project is to conserve scenic views, e
following criteria apply:
(1) Leave scenic views and vistas unblocked or uninterrupted, particul. y as seen
from public roadways. Consider"no-build, no-plant" buffers alone sublic
roadways where views or vistas are prominent or locally signifi,.nt.
In wooded areas where a sense of enclosure is a feature to se maintained,
consider a "no-build, no-cut" buffer created through the p -servation of existing
vegetation.
(3) ere development is located in unwooded areas ' early visible from existing
pub • roads, it should be buffered from direct vie by a vegetative buffer or an
earth .-rm constructed to reflect the topograp of the surrounding area.
(4) Protect ru .1 roadside character and scenic iews by providing larger lots (e.g.,
two acres o ore) adjacent to existing p.elic roads.
(5) Protect rural ro.•side character and -hicular carrying capacity by avoiding
development fron .g on existing p •lic roads and limiting access to all lots from
interior rather than e erior roads
(6) Unless buildings can be :ffec ely screened or buffered with trees, avoid siting
new construction on or cloy to prominent hilltops or ridges where rooflines are
seen above the horizon.
(F) Historic and Archaeologica eatures
Where the goal of the Fle .ele Development . oject is to conserve historic and
archaeological sites an• tructures, the followi criteria apply:
(1) Design arou►d and preserve sites of histo , archaeological or cultural value so
as to safes and the character of the feature( including fences and walls, farm
outbuile. gs, burial grounds, abandoned roads, -nd earthworks.
(2) New treets, driveways, fences, and utilities must b: sited so as not to intrude
u ecessarily on rural, historic landscapes. Whereve sossible, streets and
.riveways are to follow existing hedgerows, fence lines, -nd historic farm drives.
(3) New developments must include plantings which incorporat native species and
historic landscape materials so as to harmonize with the char..ter of the area.
4) Building designs and styles used in new construction should be co patible with
the architectural style of historic buildings located on or adjacent to t'e site,
especially in terms of scale, height, roof shape, and exterior materials.
G) Recreation Provision
Where the goal of the Flexible Development project is to provide recreation and parks
facilities for neighborhood residents and/or the general public, the guidelines contained i
Section 7.11 shall apply.
7.13.97.12.10 Density Bonuses for Major Subdivisions
For Major Subdivisions Tthe maximum number of building lots or dwelling units in a Flexible
Development shall not exceed the number that could otherwise be developed by the application
of the minimum lot size requirement and/or density standard of the zoning district or districts in
which the parcel is located. However, increases in the number of building lots or dwelling units
are permitted through at least one of the following two options.
(A) To Encourage Affordable Housing
A density increase is permitted pursuant to Section 6.18 of this Ordinance where the
Flexible Development provides on-site or off-site housing opportunities for low or
moderate-income families.
(B) To Encourage Additional Open Space
Orange County, North Carolina—Unified Development Ordinance Page 7-62
Article 7: Subdivision ,
Section 7.12: Flexible Developments
(1) A density increase is permitted where more than 33% of the total land area in the
Flexible Development is set aside as protected open space. The amount of the
density increase shall be based on the following standard:
(a) For each additional acre of protected open space provided in the
Flexible Development, one additional building lot or dwelling unit is
permitted.
(2) In lieu of providing additional open space in the Flexible Development, the
applicant may purchase in fee simple or less than fee (e.g., development rights)
land separate from the Flexible Development which is comprised of Primary
and/or Secondary Conservation Open Space Areas as defined in Section 7.13.31.
The amount of the density increase shall be based on the following standards:
(a) For each five acres of Primary Conservation Open Space Area
preserved off-site, one additional building lot or dwelling unit is
permitted.
(b) For each two acres of Secondary Conservation Open Space Area
preserved off-site in areas which require a two-acre minimum lot size,
one additional building lot or dwelling unit is permitted.
(c) For each one acre of Secondary Conservation Open Space Area
preserved off-site in areas which require a 40,000 square foot
minimum lot size, one additional building lot or dwelling unit is
permitted.
(3) Land purchased in fee may be dedicated to Orange County. For land pu ased
in less than fee, a conservation easement dedicated to Orange Count hall be
recorded which restricts the development potential of the land.
Location of Open Space Bonus Units
Density increases to encourage additional open space are •mited to Flexible
:velopments proposed in the following locations:
(a) Within Transition Areas as designated in e Land Use Element of the
omprehensive Plan. Within such are , the maximum permitted
de -ity is 2.5 dwelling units per acr- unless the applicant obtains
appro : of a zoning district clas: ication which permits a higher
density.
(b) Outside of Tra ton Ar-:s but within an area designated for service
by a utility provide .s .art of an adopted long-range water and/or
sewer extension pl . ithin such areas, the maximum permitted
density is 1.3 d - ling un. per acre.
(c) Outside of ansition Areas b ithin 3/4 of a mile of an interstate
corridor . a major thoroughfare .: ignated as a high occupancy
vehick (HOV)/busway route as part • an adopted regional transit plan.
Wi 'in such areas, the maximum permit • density is 2.5 dwelling units
-r acre.
(d) Outside of Transition Areas but within 1/2 mile o : transit station
designated as part of an adopted regional transit pla Within such
areas, the maximum permitted density is five dwelling u s per acre.
Orange County, North Carolina—Unified Development Ordinance Page 7-63
Article 7: Subdivisi9rg
Section 7.13: Specifications for Plat Drawings
Within these o - • slic w- - --. -wer service may be extended,
provided the .•• an demon . - •- uch service is necessary to serve
-- sensity increases achieved through the use oft e •• -. •• •.n s) described
above.
7.12.11 Additional Submittal Requirements
In addition to the requirements outlined in Article 2 regarding Major Subdivision Preliminary Plats
or Minor Subdivision Final Plats, applications must:
(A) Identify the development as a Flexible Development Subdivision.
(B) Include a Wwritten site analysis accompanied by an illustrative site map, which identifies
the following:
(1) Slopes 71/2- 15%,
(2) Slopes 15% and greater,
(3) Existing vegetation,
(4) Significant stands of trees,
(5) Significant examples of a particular species of tree occurring in a native stand
and specimen trees,
(6) Drainage and waterways,
(7) Special flood hazard areas,
(8) Significant rock outcroppings,
(9) Significant scenic vistas,
(10) Soils with limitations for on-site wastewater systems and building development,
(11) The manner in which the plan makes adequate provision for water and
wastewater treatment, and
(12) The relationship of the plan to the physical environment, the neighborhood in
which it is proposed to be established, and the intent of the provisions providing
for the establishment of a cluster subdivision.
IMIIIIIMMETrr<! 7 SPECIFICATIONS FOR PLAT DRAWINGS
The requirements of this Section shall apply to the format of drawings.
7.14.17.13.1 Minor Subdivisions
(A) Concept Plan
The required Concept Plan for Minor Subdivisions consists of:
(1) A scaled copy of a current Orange County GIS Map for the property denoting its
current orientation and layout. This map may be obtained from the Planning
Department for a fee in accordance with the adopted fee schedule and shall
contain at a minimum the following information:
(a) Contour lines,
(b) Soils,
(c) Water features, and
(d) Any known easements.
(2) A scaled drawing in black ink or pencil detailing the proposed division of property
including, but not limited to, the following:
Orange County, North Carolina—Unified Development Ordinance Page 7-64
Article 7: Subdivision
Section 7.13: Specifications for Plat Drawings
(a) The scale of the drawing,
(b) A north arrow,
(c) The date of preparation,
(d) The Parcel Identification Number (PIN) number(s) of the lot(s) subject
to the application,
(e) The proposed property lines for each lot,
(f) -Common Open Space lots, including type and acreage, for each lot,
including acreage and layout,
(-e)(g) Site features " Site Anal sis Map as outlined in UDO 7.13.2 (A)(3)
below,
(f)(h) The delineation of any known and required stream buffers on the
proposed lot(s)
(-)(i) The proposed method for ingress and egress including a description of
how each lot will be afforded access,
(#)(j) A narrative detailing the development of all proposed roadways
(+)(k) A private road justification, if required under Section 7.8,
(j-)(I) Proposed acreages for residential and common open space areas
within lots, and
0k}(m) Any other reasonable relevant information.
(B) Final Plat
Final plats shall adhere to the specifications contained in Section 7.14.3.
7.14.27.13.2 Major Subdivisions
(A) Concept Plan
(1) In General
(a) The required Concept Plan for Major Subdivisions cc sists of three
parts:
(i) A Site Analysis Map;
(ii) A Conventional Subdivision O.-.on; and
(ii A Flexible Development a•tion.
(b) The . cept Plan shall b- prepared according to the "four-step"
process • designing exible Development subdivisions, as described
herein.
(c) The Conce• -Ian •.11 be drawn in black ink or pencil to a scale of not
less tha 00 feet to th- . ch. The scale chosen shall be large enough
to s e all required detail c :.rly and legibly.
(2) Requires eneral Information
Ea • ite Analysis Map and Development Optio - all contain the following
,t-neral information:
(a) A sketch vicinity map showing the location of the bdivision in relation
to the existing street or highway system;
(b) The plotted boundaries of the tract from deeds or maps of ord and
the portion of the tract to be subdivided;
Orange County, North Carolina—Unified Development Ordinance Page 7-65
Article 7: Subdivisiopm
Section 7.13: Specifications for Plat Drawings
(c) The total acreage to be subdivided, including tax map, block and lot
number reference;
(d) The name, address and telephone number of the subdivider or owner
and the person responsible for the subdivision design;
(e) Scale, approximate north arrow and date of plat preparation; and
(f) Name of subdivision.
(3) Site Analysis Map
As determined from readily identifiable on-site inventories, aerial photographs,
maps of record, State/Federal resource maps, and local planning documents and
inventories, the Site Analysis Map shall contain the following information:
(a) Primary Conservation Open Space Areas
Identification of physical resources associated with the site which restrict
its development potential or contain significant natural and/or cultural
resources, including:
(i) Topographic contours at ten-foot intervals, showing rock
outcrops and slopes of 7 '/%to 15%, and more than 15%.
(ii) Soil type locations and characteristics relating to seasonal high
water table and depth to bedrock.
(iii) Hydrologic characteristics of the site, including drainage
tributaries, surface water bodies, floodplains, and wetlands.
(iv) Natural areas, and wildlife habitats and corridors.
(v) Historic and archaeological sites listed on the National Register
of Historic Places or included on the State's National Register
study list, designated as a local historic landmark, located in a
local historic district, and/or identified as having a high potential
for archaeological remains.
(b) Secondary Conservation Open Space Areas
Identification of significant site elements on buildable portions of the site,
including:
(i) Vegetation of the site, defining approximate location and
boundaries of woodland areas, and, wherever possible,
vegetative association in terms of species and size. Information
from aerial photographs shall be acceptable at the Concept Plan
stage.
(ii) Current land use and land cover(cultivated areas, pastures,
etc.), existing buildings and structures, and burial grounds.
(iii) Scenic views onto the site from surrounding roads as well as
views of scenic features from within the site as determined by
field survey.
(iv) Other historic and archaeological sites and structures.
(c) Transportation and Utility Systems
Identification of facilities associated with the movement of people and
goods, or the provision of public services, including:
(i) Railroad and street rights-of-way.
(ii) Easements for vehicular access, electric and gas transmission
lines, and similar uses.
Orange County, North Carolina—Unified Development Ordinance Page 7-66
Article 7: Subdivision
Section 7.13: Specifications for Plat Drawings
(iii) Proposed streets, pavement or travelway widths shall be
denoted as well as typical roadway cross sections. The
approximate centerline radius shall be shown on all proposed
streets.
(iv) Proposed street names shall be indicated on the pl. . Such
names shall not duplicate or approximate the nar e of any other
street in Orange County except where a proposed street is the
continuation or extension of an existing streo .
(6) Utility and Drainage Data
-) Proposed utility systems shall be shown on e plat, including but not
limited to:
i) Public or private community wa -r supply systems,
(ii Public or private community sewage disposal systems, and
(iii) Storm drainage facilities . cluding existing and proposed
�rainageways and ch.,nels.
(b) Any ease, ents associat:s with such utility systems shall also be
denoted ang the purpo-- for the easements designated on the plat.
(7) Landscaping and Buffe Da
The following information : I be denoted on the Preliminary Plat to
demonstrate complianc: ith 'e provisions of Section 6.8 of this Ordinance:
(a) Existing tr:-s and/or vegetation to be preserved and proposed trees
and/or I. dscape materia to be installed.
(b) Req . ed buffers.
(8) Special Fl••d Hazard Area (SFHA) Stan. •rds
(a) The boundary of the Special Flood ' .zard Area zoning overlay district
shall be designated and labeled on th- slat as required by this
Ordinance.
(b) For subdivisions located within a Watershes -rotection Overlay
District, as identified on the Orange County Zs ing Atlas, the following
information shall be designated and labeled on 'e plat:
(i) Impervious surface data as required by Sectis 4.2 of this
Ordinance;
(ii) Stream buffers as required by Section 6.13 of this o dinance;
and
(iii) Stormwater detention and/or retention sites and undisturged
areas for infiltration purposes as required by the Section 6.'4 of
this Ordinance.
7.14.37.13.3 Final Plat Specifications
(A) Plat Preparation
(1) 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 100 feet to the inch
nor more than 20 feet to the inch.
(2) 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.
Orange County, North Carolina—Unified Development Ordinance Page 7-71
Article 7: Subdivisicn
Section 7.13: Specifications for Plat Drawings
(= Title Block
title block shall be placed on the plat, which shall contain the folio g information:
(1) The name of the subdivision, preceded by the words nal Plat of
", which shall not duplicate nor do y approximate, phonetically
or in Iling, the name of any other subdivisi• in Orange County, and, where
the plat a' •.nd is only part of a larger subdivision bearing the same name, the
unit or section •umber of other neces :ry identification;
(2) The graphic scale in -et per in - in words or figures and bar graph; a north
arrow accurately positio cd . d designated as magnetic north, true north, North
Carolina State Plane C. di -te Grid System North or north referenced to a
recorded instrumen • ith the rec. ding reference shown; the date or dates the
survey was con•.cted; and any oth- sertinent legend data;
(3) State, co - y and township location; tax m.. Parent PIN, block and lot number
referee es; and deed book and page number .tions for the property being
s .divided; and
(4) The name and address of the owner(s) of the land being bdivided; the name
and address of the subdivider if other than the owner; and th- ame and
address, registration number and seal of the land surveyor respo ible for
preparation of the plat.
(C) Vicinity Map
(1) A vicinity map showing the general location of the subdivision in relation to the
surrounding area shall be placed on the plat.
(2) 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.
(3) The vicinity map shall show the street names in addition to the State Road (S.R
designations.
(D) Existing Site Data
Information on existing conditions shall be shown as noted below.
(1) Boundary Lines
(a) The location, distance and bearings for the boundary line ..the tract to
be subdivided.
Areas not designated as lots that will be under -.mmon ownership
such as a conservancy, public agency or filar entity or a
eowners' association's ownership - all be appropriately labeled as
tract .
(c) Locations • corporate limi _ or Extraterritorial Zoning Jurisdiction (ETJ)
lines, township ..und. .-s, and county lines.
(d) The names of o er .nd Parcel Identification Numbers (PIN) of
adjacent la...
(e) For ...acent land that is platte., he subdivision plat name, plat book
. : page number abutting the trac • be subdivided shall also be
shown.
(2) e er Conditions
(a) If any portion of the final plat includes land referen :. in the "Inventory
of the Natural Areas and Wildlife Habitats of Orange C.. ty, North
Carolina" it shall be shown on the plat.
Orange County, North Carolina—Unified Development Ordinance Page 7-72
Article 7: Subdivisio
Section 7.13: Specifications for Plat Drawings
(ii) Stream buffers as required by Section 6.13 of this e •inance
shall be delineated with widths noted on the -• al Plat.
Development restrictions within the . eam buffer shall be
specified in a separate docu r- to be recorded concurrently
w • he Final Plat. Th- -ed Book and Page reference shall be
noted o .e Fin. - at.
(iv) Storm w- - det- _•.n and/or retention sites and undisturbed
ar-, or infiltration pu :! es as required by Section 4.2 and
•.13 of this Ordinance shall :, •elineated and labeled on the
Final Plat.
(v) Any restrictions or requirements associate. the
detention/retention sites shall be specified in a se.: .te
document to be recorded concurrently with the Final Pl. . The
Deed Book and Page reference shall be noted on the Final - -
(6) Open Space and Protection of Natural and Cultural Resource
(a) 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.
(b) 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.
)(c) Common Open Space areas indicating the type (e.g.,
Primary/Secondary) and the use (e.g., rassive tra s- of the land area
shall be included on the final plat., •- -- e _ e. •_ e •_ -•e,
(F) Certificates and Endorsements
(1) General
The Final Plat shall be made by or prepared under the supervi •.n of a
Professional Land Surveyor licensed to practice in the Stat- of North Carolina
and shall contain a certificate as required by Section 47-•• of the General
Statutes and prepared in substantially the following f► m and acknowledged by a
ni ary public:
"I, , certify that this plat was d . n under my supervision from (an
actual sur made under my supervisi•- (deed description recorded in Book
, Page , etc.) (other); that • ratio of precision is 1: ; that
the boundaries no urveyed are : own as broken lines plotted from information
found in Book -::e ; that this map was prepared in accordance with
G.S. 47-30 as amended. ,c fitness my hand and seal this day of
, A.D., •_
Seal or Stamp
Surveyor R=.istration Number
(The veyor shall also certify on the plat as r-•uired by G.S. 47-30 (f) (11) as
a ded.)
(2) Certificates of Dedication and Maintenance
(a) The following certificate shall be printed on the Fina -lat and shall be
followed by the signature of the owner(s) of the proper ■ seing
subdivided acknowledged by a notary public.
Orange County, North Carolina—Unified Development Ordinance Page 7-75
Article 10: Definitioyn
Section 10.1: Definitions
C' ' d Care Facility
Indus:s child care centers, and any other child care arrangement not excluded by General St- ute 110-
86(2), the provides child care, regardless of the time of day, wherever operated, and whet -r or not
operated fo .rofit.
A chi b care center is an arrangement where, at any one time, there are three %r more pre-school
children o nine or more school-aged children receiving child care.
A family ch . care home is a child care arrangement located in a reside e where, at any one
time, more th.■ two children, but fewer than nine children, receive chi . care.
Church
A structure in which persons re.ularly assemble for religious worship hich is maintained and controlled
by a religious body organized to s.stain public worship.
Club or Lodge, Private
An establishment operated by a corporatio, or associatio of persons for social, recreational, fraternal or
charitable purposes, but which is not operateg for profit .r to render a service which is customarily
conducted as a business.
Cluster Development
A subdivision in which building lots are grout-d togethe rough a transfer of allowable density within the
subdivided tract. Cluster development p its more efficie development by creating lots with gross
land areas smaller than those required or conventional lot-by- it development, yet maintains application
of normal lot density standards to th- subdivided tract as a whol- .y requiring that land area saved by lot
size reductions be reserved as p- anent open space and/or recre:tion space.
Cold Storage Facility
A facility used to wareho. e perishable foods and products prior to transpor .
Commercial-Ins ustrial .ansition Activity Node Land
Land near majo ransportation routes that could be provided with public water and : tewater services
and is appro.'ate for retail and other commercial uses; manufacturing and other indust '.I uses; office
and limiteo not to exceed 25% of any Node) higher density residential uses.
Co ' ercial ransition Activity Node Land
L. d focused on designated road intersections within either a 10- or 20-year transition area that is
appropriate for retail and other commercial uses.
Common Area
••• ee
s Crammen
Privately held land area set aside, dedicated, owned, and maintained for common use, access,
e . , . _as •. .
Association.
Prima pen Space, Primary
These areas have sensitive environmental features and/or significant cultural resource areas, which
Orange County, North Carolina—Unified Development Ordinance Page 10-6
Article 10: Definitic
Section 10.1: Definitions
r • . r
AIII open spaces areas other than Primary Open Space as defined above.
`open Space tility
1 .
ommunity Center
A •ew or existing facility that is owned or operated by a non-profit group from the communi , for non-
com oercial activity.
Comm ity Farmers' Market
An enclose. or open-air facility for the retail sale of locally produced vegetables, fle ers, meats,
commodities, . ants, crafts, etc. For the purpose of this definition, "local" means orange County and
counties that sh. e a border with Orange County.
Composting Op- ation
A facility designed and ► ed for transforming food, yard waste and othe organic material into soil or
fertilizer through biologica .ecomposition. This does not include bac ,ard composting bins serving
individual families.
Comprehensive Plan
An internally consistent and compa .le statement of policies or the long term, physical development of
that portion of Orange County under ■.unty jurisdiction, co sisting of a statement of development
policies and maps and text setting forth ..jectives, princ.,4 es, standards and plan proposals for physical
development.
The Comprehensive Plan also consists of a. .ted a -a plans which focus on a portion of the County
such as a township, a watershed or an intersta - ..hway interchange. Technical information and/or task
force reports prepared as part of a plan element . an area plan and incorporated as part of the appendix
of or as a supplement are also considered par oft - Comprehensive Plan.
Concentrating Solar 'hermal (C ) Devices
Systems that use lenses or mirrors, ano often tracking sys :ms, to focus or reflect a large area of sunlight
into a small area. The concentrated e'ergy is absorbed by a ansfer fluid or gas and used as a heat
source for either a conventional po er plant, such as a steam .•wer plant, or a power conversion unit,
such as a sterling engine. Also k own as Concentrated Solar The al (CST).
Conditional Districts
A zoning technique author. ed by N.C.G.S. 153A-342 which allows for the imposition of mutually agreed
upon individualized dev- .pment conditions as part of the legislative rezone,• process. The Conditional
Use District and Condi .onal Zoning Districts are subsets of the term Conditio .1 Districts. Land may be
placed in a conditio :I district only upon petition of all of the owners of the land . be included; said
petition must be a..roved following the procedures set forth in Section 2.9 of this ■rdinance.
Condition. Use District (CUD)
A floating zo ing district that has no permitted uses. Applications for a CUD must link the CUD to a
general u:e zoning district and conform with all applicable development regulations for the .rresponding
general se zoning district. CUDs require approval of both a rezoning application and Class Special
Use -rmit; see Sections 2.9.1 and 3.8.
onditional Zoning District (CZD)
A specific floating zoning district with specific permitted uses, as detailed within this Ordinance..
Orange County, North Carolina—Unified Development Ordinance Page 10-7
Article 10: Definitic
Section 10.1: Definitions
=• Equipment Rental, Sales and Service
An es :•lishment engaged in the rental, sales, service, and/or repair of construction or farm -•uipment,
including xcavators, loaders, graders, bulldozers, farm tractors 50 horsepower or more it size and other
large, heav suty types of equipment used in the construction or farming industries bu of including
horse trailers, cks, or other vehicles designed for use on public roads.
Farm Supply St•
An establishment engag_• primarily in the sale or rental of farm tools, sm. farming equipment, and farm
supplies. Retail sales of ani'gal feed, grain, hardware, lumber, tack, rid'•g attire, animal care products,
and the like may be an ancilla , activity.
-ederal Emergency Manage •ent Agency (FEM
The agency of the federal government '.efly responsible .r studying and mapping flood plains and
developing guidelines limiting developmen erein.
A building with machinery and apparatus for •••ndin• .nd/or bagging grain.
Fertilizer
Any substance containing nitrogen • phosphorous which is u--d primarily for its plant food content.
Financially Responsibl- •erson
In regards to soil erosion .•d sedimentation control provisions, and par or entity who has financial or
operation control over . and-disturbing activity and/or the landowner or pa /entity in possession or
control of the land w•• had directly or indirectly allowed a land-disturbing acti■'t or had benefited from
such activity.
IAlul
The ass- bly that houses the lamp or lamps and can include all or some of the following ..rts: a
hous''g, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, an. •r a
re .ctor or lens.
=lexible Development
A subdivision in which greater flexibility and design creativity is encouraged and allowed to preserve
agricultural and forestry lands, natural and cultural features, and rural community character that might
otherwise be lost through conventional development approaches. At lease one-third (33%) of the land
within a Flexible Development subdivision must be set aside as open space which may be preserved
through:
a) An "estate lot" where all land is subdivided into lots four acres or greater in size,
building lot area including setbacks are established on 50% of each lot, and the land area outside
such area is preserved as open space provided that front and side yard setback areas shall not
be counted toward meeting the minimum open space requirement except as specified by
provisions of Section 8.13.4; or
b) A"conservation-cluster" approach option where lot sizes are reduced and the land saved through
such reductions is preserved as open space on separate lots owned and maintained through a
homeowners association, a non-profit land conservancy or unit of state or local government; or
c) A"village" or modified cluster approach option where dwelling units are clustered around a village
green and supporting shops, and the village is surrounded by open space; or
d) Some combination of the above.
- '• •. Zoning District; Floating Zone
A zoning district . _- '4-d in the text of the Ordinance but which is ..• '-. • mapped only upon the
approval of a rezoning application pe ••
=food and Floo•'I
Orange County, North Carolina—Unified Development Ordinance Page 10-13
Article 10: Definitioy.
Section 10.1: Definitions
Open Burning Of Trees, Lim• , - •1 •s And Con = - i - •ris Associated With
The Permitted Activity
The disposal • •••e , • ps and construction debris associated with the perms -• -- • means of
•• soor fires.
• - - - -
. - - - - 'e•-
are preserved through conservation easements or other restrictions in a flexible development subdivision.
Open Space, Common
Privately held land area set aside, dedicated, owned, and maintained for common use, access, and
benefit of multiple lots. This type of open space is within a defined lot or a defined easement area for
coomon useaqe. It may be either restricted to the owners via Homeowner/Property Owners' Association
(HOA/POA), or open to others as specified by the Association.
Primary Open Space, Primary
These areas have sensitive environmental features and/or significant cultural resource areas, which limits
their development potential.
Open Space Secondary
All open spaces areas other than Primary Open Space as defined above.
Open Space, Utility
A subset or category of open space that defines the type and/or intensity of its use. Utility areas are
typically open but contain public and/or private utilities and services. Examples include utility lines or
easements (e.g., water, sewer, qas, power), septic drain fields, and repair areas. Additional recreation
use of these areas is typically limited based on the type of utility requirements that are in place.
• •en Space - (land use intensity)
Open space is the total horizontal area of uncovered open space plus half the total . izontal
ea of covered open space subject to limitations set forth below.
Un ■vered open space is total gross land area not covered by buildings, plu .pen exterior
balconi: and roof areas improved as recreation space.
C. Covered o•- space is usable open space closed to the sky, but hay ', two clear unobstructed
open or partia , open sides. Partially open sides is to be constru-. as 50% or more. Examples
of covered space . - covered balconies, covered portions of i •'roved roof areas, or space under
buildings supported o olumns or posts or cantilevered. T•- square footage countable as
covered open space shal ••t exceed the square foota. of the open space sides.
Open Space Kan o
The minimum square footage of open space r-•uir for each square foot of gross land area. This area
includes parking and vehicular access areas an. an also include balconies, and roofs improved for
recreation.
Outdoor Advertising Indust
The organizations that provide o :oor displays or display space .I a lease or rental basis.
Outdoor Lighting
Installation of lightin• equipment, whether attached to poles, building structur- the earth, or any other
location to allow f. the illumination of a building and exterior area(s)within the c•• ines of a defined
property line. cluded are open air spaces on a property, which are under a roof or • er cover and not
fully enclo -d such as a canopy, pavilion, drive-through bay, or parking deck.
u aoor t_ignting, c;utott i-ixture
Orange County, North Carolina—Unified Development Ordinance Page 10-31
Article 10: Definitic
Section 10.1: Definitions
St • Area, -affic Impact
The are: in which a traffic impact analysis will be made and extending approximately one mile along
roadways ...acent to a development project and in both directions from all access poin : or to a major
intersection alo•: these roadways.
subdivider
Any person or persons, fir •r corporation subdividing land within the j diction of this Ordinance.
subdivision
All divisions of a tract or parcel of land • o two or more lots . ilding sites or other divisions for the
purpose of sale or building development ( •-ther imme. -te or future) and includes all division of land
involving the dedication of a new street or a ch; ge existing streets.
Subdivision, Exempt
a) The combination or recombinati•• of portions of p : iously subdivided and recorded lots if the
total number of lots is not inc rased and the resultant . s are equal to or exceed the standards of
the County, including priv. e road justification standards, detailed within this Ordinance.
b) The division of land i . parcels greater than 10 acres if no s :et right-of-way dedication is
involved.
c) The public ac. sition by purchase of strips of land for widening or o•: ing streets.
d) The divisio• of a tract in single ownership of the entire area of which is n. :reater than two acres
into no ore than three lots, if no street right-of-way dedication is involved .•• if the resultant
lot re equal to or exceed the standards of the County as shown by its subdivis., regulations.
S - ivision, Major
ny division of land that is not classified as an Exempt or Minor subdivision.
Subdivision, Minor
A division of a tract of land that does not:
a) Create more than five lots for conventional design options, or more than 12 lots for flexible
development, including the residual acreage, from any one tract of land in any 24 month period;
b) Dedicate or improve any new public street other than widening an existing public street;
c) Extend public water and/or sanitary sewerage systems other than laterals to serve individual lots;
d) Necessitate the installation of drainage improvements which would require easements through
one or more lots to serve other lots; and
e) At the option of the applicant, involve vesting of the subdivision for a period greater than one
year.
Su• antial damage
Damage • -ny origin sustained by a structure during any one year period whereby the cost • estoring
the structure to before-damaged condition would equal or exceed 50% of the marke .- ue of the
structure before the •; age occurred. See definition of"substantial improvemen " ubstantial damage
also means flood-relate. •; age sustained by a structure on two separate •- asions during a ten-year
period for which the cost of re.:. s at the time of each such flood event . the average, equals or
exceeds 25% of the market value o •e structure before the dam- - occurred.
Substantial improvement
Any combination of repairs, reconstruction, reha.. . . , addition, or other improvement of a structure,
taking place during any one year period wh- .y the cost • hich equals or exceeds 50% of the market
value of the structure before the start • onstruction of the imp . ement. This term includes structures,
which have incurred substantial •- age, regardless of the actual re.:. work performed. The term does
not, however, include either - correction of existing violations of State o •range County health,
sanitary, or safety cod- -•ecifications which have been identified by the Orang- ounty code
enforcement offic.- -nd which are the minimum necessary to assure safe living con. ..ns, or any
alteration of - istoric structure provided that the alteration will not preclude the structure _.ntinued
design. '•n as a historic structure.
Orange County, North Carolina—Unified Development Ordinance Page 10-55
1 209
Attachment 4
APPROVED 3/22/2016
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
QUARTERLY PUBLIC HEARING
February 18, 2016
7:00 P.M.
The Orange County Board of Commissioners met with the Orange County Planning Board for a
Quarterly Public Hearing on February 18, 2016 at 7:00 p.m. at the Whitted Building, in
Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Earl McKee and Commissioners Barry Jacobs,
Mia Burroughs, Mark Dorosin, Bernadette Pelissier, Renee Price and Penny Rich
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEY PRESENT: James Bryan (Staff Attorney)
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley and Deputy Clerk to the
Board David Hunt (All other staff members will be identified appropriately below)
Chair McKee called the meeting to order at 7:04 p.m.
. OPENING REMARKS FROM THE CHAIR
None.
B. P =LIC CHARGE
Chair McKee dispensed with the reading of the Public Charge.
C. PUBLIC H I RING ITEMS
1. Unified Develo• ent Ordinance (UDO) Text Amendm- t -To review government-
initiated amendmen to the text of the UDO regarding r ailed notification requirements.
Perdita Holtz, Orange Cob ty Planning Departm= t, presented the following PowerPoint
slides:
Mailed Notifications
Quarterly Public Hearing
February 18, 2016
Item C.1
Purpose of Amendment
• Correct omissions to t - public hearing process ame •ments that were adopted in
November 2015.
• Update mailed % ice requirements in two sections that wer not contemplated for
amendments .st year.
Correct Omis •ns
• Thre- sections related to required Neighborhood Information Meeting fo Special Use
P- mits, Conditional Use Districts, and Conditional Zoning Districts.
6 210
D. ADJOURNMENT OF PUBLIC HEARING
The public hearing was adjourned at 7:26 p.m.
E. WORK SESSION
1. Review of Minimum Lot Size and Density Allowances for Subdivisions —To review
and discuss the County's subdivision development and review processes focusing
primarily on minimum lot size and density limitations as they relate to the clustering of
proposed subdivision lots.
David Stancil, Department of the Environment, Agriculture, Parks and Recreation
(DEAPR) Director provided background regarding the Rural Character Study. He said in 1987,
the BOCC created a Joint Planning Area with the Towns of Chapel Hill and Carrboro. He said
part of this Joint Planning Area was the designation of the Rural Buffer. He said the mechanism
to implement this rural buffer was the implementation of the two-acre minimum lot size. He said
a study committee was created to consider how best to protect the rural integrity of the land. He
said the first area focused on the rural buffer, and the second area focused on the remaining
rural areas of the County. He said, simply put, the conclusion was to create a sliding scale
between open space and the ability to achieve a smaller lot size. He said a great deal of
thought went into the decisions and the process was a high point in his time in Orange County.
Craig Benedict said Orange County's population has increased by about 50,000 people
since the rural character study was completed. He said the majority of these people went into
the cities but about 45% went into the unincorporated area. He said the original goals of the
study started out as an open space preservation plan, balancing agricultural protection. He said
the interesting part of this report is that, in large part, cooperation with the plan was voluntary.
He said developers would submit two plans: a conventional one (10 acres, divided into five 2-
acre lots), and a flexible plan (10 acres, with five 1-acre lots, and five acres of open space). He
said the plans were reviewed, and the decision of which plan to use was placed on the
developer. He said initially the majority of developers chose the conventional plans but slowly
moved towards flexible plans. He said the process moved from voluntary to being a bit more
direct, in order to achieve the outlined goals.
Craig Benedict said the conversation now shifts to the next 50,000 people moving into
Orange County and considering where they will live. He said projections are for lots of single-
family development to occur in the rural buffer due to demand. He said one of the goals from
the rural character study that remains in place today is the growth management goal: to have
urban growth boundaries; to have efficient forms of development; balance the natural resource
goals with pattern development and growth management.
Commissioner Rich said there was previous discussion about the gross overstatement
of projected population growth. She asked if there was an update on these numbers.
Craig Benedict said the original numbers were done for the entire triangle region. He
said he will give a presentation on March 2 to Planning Board about how these numbers were
developed for the 2040 plan. He said the 2045 plan is currently being worked on and it is hoped
that the control totals, which are provided to the County, can be reviewed and more appropriate
estimates garnered. He said the formula for the projections (one house per every two acres),
cannot be altered, but the numbers can be reviewed for realistic estimates.
Michael Harvey, Orange County Current Planning, reviewed the following background
and PowerPoint slides:
PURPOSE: To review and discuss the County's subdivision development and review
processes focusing primarily on minimum lot size and density limitations as they relate to the
clustering of subdivision lots. This item was developed to address a petition submitted by
7 211
Commissioner Pelissier to identify opportunities and constraints within current regulations
associated with the clustering subdivision lots. This represents one component of a larger
discussion related to reducing development costs in an effort to promote affordable housing
development.
February 18, 2016
AGENDA ITEM: E-1
WORK SESSION:
Review of Minimum Lot Size and Density Allowances for Subdivisions
What is a Subdivision:
• All divisions of a parcel of land into two or more lots for immediate or future
sale/development,
• Includes division of land involving dedication/change in existing streets.
• Terms `subdivision' (i.e. process of creating lots) and `development' have become
synonymous. They do not necessarily mean the same thing (i.e. just because you are
subdividing does not mean you are engaged in development).
Subdivision Classification(s)
• Exempt (i.e. State law indicates not a regulated activity) includes:
— Recombination of previously subdivided property (number of lots are not
increased),
— Creation of parcels in excess of 10 acres in area,
o STAFF NOTE: there have been issues with property owners coming back to
subdivide these 10 acre parcels as they have to bring lots/roadways into
compliance with UDO.
— Public acquisition by purchase of strips of land for widening or opening streets,
— Division of a tract of land in single ownership where the property is no greater
than 2 acres in area into not more than 3 lots if no street right-of-way dedication
is involved and resultant lots are equal to or exceed County regulations (i.e.
minimum lot area and width, etc.).
Commissioner Dorosin asked if subdivision regulations apply, even when it is less than
three lots in the subdivision.
Michael Harvey said no, the property can be no greater than two acres for the last
exemption.
Michael Harvey resumed the presentation:
• Minor:
— Division proposing 1 to 5 individual parcels,
— Reviewed and acted upon by staff. No board review (i.e. BOCC or Planning
Board) required.
• Major:
— Division proposing 6 or more individual parcels,
— Typically Planning Board approves a concept plan/makes recommendation on
preliminary plat application. BOCC makes final decision,
— Required review process related to number of proposed lots.
Major Subdivision can be processed as Class A Special Use Permit or Conditional Use
Rezoning based on number of proposed lots and location in County (i.e. rural versus
urban areas).
8 212
Subdivision Types:
• Standard Subdivision: Lots comply with established dimensional requirements for the
general use zoning district in which the property is located as well as the standards
detailed within Article 7 of the UDO.
• Cluster Subdivision: Required lot sizes, area, and setbacks can be reduced if at least
20% of the gross land area designated as common open space; and
• Flexible Development: Required lot sizes, area, and setbacks can be varied to
accommodate on-site features. Three types:
— Estate Lot (min. 4 acre lot size - only 2 acres developable)
— Flexible Development (33% open space required)
— Village (mixed use project— multiple housing types and land uses allowable)
Example: Henderson Woods
• Located in Rural Buffer Land Use Category (Comprehensive Plan) and Rural area per
Growth Management System Map,
• Density limited to 1 unit for every 2 acres per Joint Planning Land Use Plan/Agreement,
• Property was 48 acres in size resulting in 24 lots potentially available for development
based on density (48 acres /2 = 24 lots),
• Minimum required lot size is 1 acre based on Joint Planning Land Use Plan/Agreement.
— STAFF COMMENT: Per existing subdivision regulations lot size, in certain
circumstances, can be reduced to as much as 65% of required area outside of
protected watersheds.
EXAMPLES (graphic)
EXAMPLES (graphic)
DIFFERENCES — CONVENTIONAL VERSUS FLEXIBLE (CONSERVATION CLUSTER)
Conventional subdivision:
• Open space part of individual lots. Can be disturbed,
• Subdivision encompasses entire parcel,
• More impervious surface area /land clearing/grading required (i.e. longer roads and
driveways),
• Greater impact to existing foliage and more acres `developed' under conventional
subdivision design.
Flexible (Conservation-cluster):
• Smaller lots and separate open space (less likely to be disturbed),
• Open space is now `shared common area',
• Subdivision is condensed requiring less land clearing and grading,
• Less impervious surface area required,
• Greater protection for existing foliage and less overall `development' on property.
Commissioner Dorosin referred to the conventional model and asked if the open space
requirement only has to be met during construction.
Michael Harvey said there is no open space requirement in the conventional model. He
said the track is developed to the fullest extent.
Commissioner Dorosin referred to the flexible model and asked if the separate open
space must be maintained and undisturbed.
Michael Harvey said yes.
Commissioner Rich asked if Henderson Woods is conventional or flexible.
Michael Harvey said flexible, but construction has not yet begun.
Commissioner Dorosin asked if either model could have been approved.
9 213
Michael Harvey said developers have the right to bring forth a conventional subdivision
design but it may not successfully obtain a staff or Planning Board recommendation.
Commissioner Jacobs said the County can state its design preference and the flexible
model was promoted and encouraged in the rural character study.
Michael Harvey said in his tenure at Orange County, he has mostly seen either flexible
development subdivisions with open space or the conservation subdivision. He said until 2013,
the Joint Planning Agreement did not allow clustering in the northern portion of the rural buffer.
Chair McKee said historically, the buyer's preference was for a large lot configuration
with clearly identified corners. He asked if there has been a transition in what buyers are
wanting.
Michael Harvey said possibly but he believes the biggest issue is cost. He said the
conventional model requires greater expense by the developer and greater adherence to
separate development regulatory standards.
Commissioner Rich asked if the open space needs to be maintained.
Michael Harvey said yes. He said if a storm comes through and knocks down trees
there is an obligation to reestablish the required buffers and open space.
Commissioner Dorosin asked if there is a density bonus.
Michael Harvey said the only recognized density options are for affordable housing or if
a greater area of open space if preserved. He said density bumps are not allowed in protected
watershed areas as density is already set. He said density bumps are also not allowed in the
northern part of the rural buffer as density is set by the joint planning land use plan and
agreement.
Commissioner Dorosin asked if density bumps are not allowed anywhere in the rural
buffer.
Michael Harvey said correct.
Commissioner Dorosin said it is cheaper for developers to do this but the end result is
very expensive housing.
Commissioner Jacobs said there are different kinds of open space. He said the rural
character study recommended 1.94 acre zoning throughout the County, which is the average lot
size in Orange County.
Commissioner Jacobs said water and sewer management can be tricky but there are
some ideas about this in the rural character study.
Commissioner Dorosin asked if there are consequences when a homeowners'
association fails to maintain the open space, a stormwater system, etc.
Commissioner Jacobs said to call Michael Harvey. He added that he wanted the County
to review homeowners' agreements to insure that such problems are avoided.
Commissioner Rich said she lives in a neighborhood with dedicated open space which
the entire community commits to maintain with twice annual workdays. She asked if farms can
be counted as open space.
Michael Harvey said farms can be counted as part of secondary open space in flexible
development projects.
Commissioner Jacobs said it may be something as simple as hay fields but it can lead to
potential revenue.
Commissioner Price referred to the discussion between conventional and flexible
models. She said there are developers that are happy with the flexible model and others that
were not, as it reduced the number of homes they could build in the development due to septic
issues.
Commissioner Jacobs said some subdivisions use the open space as secondary septic
areas which allows for no loss in density.
Commissioner Pelissier asked if any changes were made to septic rules, would there be
any benefit to changing the rule for minor subdivision with five lots or less.
10 214
Michael Harvey said globally there will be staff recommendations that will change
everything.
Chair McKee instructed the Manager to have John Roberts send a memo to the Board of
County Commissioners (BOCC) regarding the court case in which the affect of septic on
community systems was litigated.
Commissioner Jacobs asked if there is a percentage break down for the type of
subdivisions being built.
Michael Harvey said there is 30% major subdivision, 40% minor, and the rest are
exempt. He said of the 40% minor, most are three lots or less, whether due to density, cost or
code requirements.
Potential Constraints
• Within Watershed Protection Overlay Districts, parcels being subdivided cannot be
reduced below 40,000 sq.ft. of land area if served by individual septic systems.
— There is currently no allowance for off-site septic systems to be considered
with respect to allowing for further reduction in required lot sizes.
— Please note off-site well and septic systems are specifically prohibited
within the University Lake Protected and Critical Watershed Protection
Overlay Districts.
• Current private road justification standards only allows for a minimal reduction of
required lot size with open space reservation. Smallest allowable lot, after process is
completed, is 60,000 sq.ft. (minimum 50% of parcel being subdivided has to be
designated as open space)
Commissioner Jacobs asked if there are incentives to do it that way.
Michael Harvey said a subdivision is a subdivision and there are no incentives currently.
He said if any expedited permit reviews were to be offered, he would personally suggest it being
done for flexible development options.
Commissioner Dorosin asked if the point about roads could be clarified.
Michael Harvey said if there are between four and twelve lots, design elements must be
adhered to. He said the rationale is to preserve the existing rural aesthetic as much as
possible. He said there are options that allow for the dedication of open space through the
private road justification process, and reduced lot size. He said if a subdivision has 13 or more
lots, a public road must be made that meets the Department of Transportation standards.
Commissioner Rich asked if there is a difference between a private road and a long
driveway.
Michael Harvey said the number of lots that the road serves.
Commissioner Rich asked if a long driveway serves two lots, would it be considered a
private road.
Michael Harvey said no, joint driveways are permissible. He said if there are three lots
or more, then it becomes a roadway.
Chair McKee asked if Michael Harvey could speak to Class B roads, in that context.
Michael Harvey said a Class B road is a 50-foot right of way, with 12 feet wide of
improved travel way, which could be gravel, pavement, concrete, etc. He said this road serves
1 to 5 lots. He said 6 to 12 lots would be served by a Class A road, which is 18 feet of improved
travel way with any 50-foot right of way.
Chair McKee asked if Michael Harvey could speak to a 10-acre lots and the requirement
of a driveway.
Michael Harvey said if one has a 200 acre tract of land and creates 20 10-acre lots, one
is exempt from the provisions of the subdivision regulation. He said the County cannot compel
the installation of any type of roadway.
11 215
Commissioner Jacobs asked if there are specific dimensions for a public road.
Michael Harvey said 22 feet wide of pavement and a 50-foot right of way. He said curb
gutter and stormwater systems may change this slightly.
Commissioner Jacobs said it is cheaper to do a private road and such roads also
provide for the least rural impact. He said as the County moves forward, it is good to consider
how to balance adequate public safety with minimizing environmental impact. He said the idea
of density bonuses and expedited reviews should be reviewed in the future. He referred to page
22, noting the suggestion of possible open space tax breaks.
Craig Benedict said there has been previous discussion about how open spaces are
taxed. He said the tax assessor does not tax the open space but transfers some of that value
onto the individual lots.
Commissioner Jacobs said it might be interesting to monitor this process during the
revaluation.
Michael Harvey resumed the power point presentation:
• Within the Cluster Subdivision type lots can only be reduced to 40,000 sq.ft. in size with
the reservation of a minimum of 20% Open Space.
— This Subdivision Type has applicability within the Rural Buffer(RB) general
use zoning category but nowhere else.
— Staff has been successful in encouraging the Flexible Development—
Conservation Cluster model where lots can be reduced to 40,000 sq.ft. with
the reservation of 33% open space (i.e. Henderson Woods, Annandale at
Creek Wood, etc.).
OPTIONS
• Eliminate the Cluster Development subdivision type and promote the Conservation-
cluster Flexible Development subdivision option.
• Allow for greater reduction of lot sizes through the Flexible Development design process
thereby increasing potential for additional open space.
• Allow/recognize the use of off-site septic for wastewater processing, which could allow
for further reduction of lot sizes— including within watershed protection overlay districts.
• Re-assess private road development standards.
• Review potential for creation/adoption of a Rural Master Plan Conditional Zoning district.
Commissioner Jacobs asked if there are advantages and disadvantages to the County
regarding private roads.
Craig Benedict said under the new storm water controls, it will behoove the developer to
have the road drain to a certain location and have a master stormwater system. He said new
regulations are being reviewed, and considering whether each lot should have its own
stormwater controls, or if a master system can control both the roadway disturbance, and that
on the individual lots. He said there is new technology and new regulations which are favoring
the master system level.
Michael Harvey said staff will be developing and reviewing a rural master plan
conditional zoning district with the BOCC.
Remember
• Staff is not recommending changing established density standards. There will need to
be additional discussion of this topic before action is taken.
• Proposed modifications cannot impact property in the Rural Buffer. In order to change
density or minimum lot sizes for this area the Joint Planning Land Use Plan and
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Agreement will have to be amended, requiring approval of all participating entities (i.e.
Orange County, Chapel Hill, and Carrboro) after a joint public hearing.
• While this may promote development of `affordable housing' these issues represent only
1 small component of housing costs. This issue transcends Planning and will not be
resolved solely through altering existing land use regulations.
Recommendation
The Manager recommends that the Board receive the information and provide
comments/direction on potential subdivision amendment(s).
Chair McKee said he appreciated the presentation, but he is not sure that the changes
being discussed will affect the affordability of the lots. He said he understands that affordable
housing will not be developed in the northern part of the County as it is away from water and
sewer.
Michael Harvey said this is just one aspect of a global issue that warrants discussion.
He said if there is significant reduction in lots sizes with the implementation of innovative, off-site
septic with increased density allowances and with incentives for developers, there may be an
improvement with respect to the cost of the lot. He said the value of land in a protected area
versus an unprotected area versus the rural buffer will all be different.
Commissioner Pelissier said this has been a great presentation and it was done in
response to her petition. She said the original intent of her petition was not so much affordable
housing but rather preservation of rural character. She said the hope of an affordable housing
byproduct was secondary.
Commissioner Pelissier asked if there are any successful examples of the options
outlined this evening from other locations.
Craig Benedict said several examples have been received that included a variety of the
options.
Commissioner Pelissier asked if there is anything that could be developed to
differentiate the size of a development.
Michael Harvey said there is some viability with this idea. He said further discussion is
needed regarding incentivizing developers.
Commissioner Pelissier said in her tenure on the BOCC, every major subdivision has
been high-end housing. She asked if mixed housing could be incentivized to allow for greater
diversity of price points. She asked if this idea is even realistic.
Michael Harvey said there is probably no incentive that can be offered unless the County
is purchasing the property. He said the value of land is the value of land.
Commissioner Jacobs asked if permanent protected open space is valued by Orange
County, could the BOCC direct the appraiser to appraise at a reduced value for permanently
protected open space in a subdivision.
Commissioner Price said conservation easements could perhaps reduce costs. She
said the Community Home Trust has several homes that are mixed into the high-end
subdivisions. She said she does not promote the idea but noted it points to an example.
Commissioner Dorosin referred to Commissioner Jacobs' point about incentivizing. He
said it is important to determine what the County wants to incentivize. He said he would like to
address the question of affordable housing. He said if the main concern is environmental
preservation then it is not practically possible to have affordable housing in these areas. He
said it may be worth exploring how development in the environmentally sensitive areas can
subsidize the building of affordable housing elsewhere. He said it may be an impact fee or a
cost in exchange for the incentives. He said he is very excited about the concept of off-site
septic.
Craig Benedict said there is currently a multi-department effort on affordable housing.
13 217
He said the ingredients of housing costs are: land, public or private infrastructure, entitlements
in permit fees, cost of housing, cost of labor, profit margins, and market aspects. He said the
areas, which can be affected and changed, are being considered.
Commissioner Dorosin said he would love to hear on going updates from the multi-
department effort.
Commissioner Rich said when the BOCC approved the development of Whitfield the
developer made voluntary contributions to affordable housing. She said the idea of affordable
housing in the rural part of the County should be considered as well as who is being served by
the affordable housing.
Craig Benedict said staff has reviewed the inventory of affordable housing in the rural
parts of the County. He said a comprehensive picture will be presented to the BOCC.
Chair McKee suggested breaking affordable housing into two sections: low income
affordable housing (Community Home Trust, Habitat, etc.); and work force affordable housing
($125,000 to $150,000 homes).
Michael Harvey said looking at the comprehensive plan and the land use map, high
intensity housing, in the 10 to 20 year transitions, is the highway 70 corridor, certain areas near
Hillsborough and Durham, and some areas of Chapel Hill and Carrboro. He said it is clustered
in these areas as the services are located there as well.
Chair McKee asked if alternative water and sewer systems are being considered, can
work force affordable housing be offered outside these high dollar areas just mentioned by
Michael Harvey.
Michael Harvey said one of the rationales for recommending a rural residential master
plan development process is to allow that type of dialogue to occur. He said it is important to
remember that there are some intrinsic limits to such a dialogue, based on a density discussion
that must occur at another work session. He said the village concept is a possibility if the
infrastructure obstacles can be overcome.
Chair McKee said some smaller local builders may be attracted to these options.
Commissioner Jacobs said this discussion occurred at the BOCC retreat three years ago
and the idea of clustered development with on-site community systems was considered. He
said it is time to move past discussion and to try something.
Commissioner Price said she would like to try the cluster developments with a small
number of homes. She said those of modest income, who wish to live in a rural setting, should
be able to do so.
Commissioner Rich referred to the map on page 77 and asked if Michael Harvey could
clarify the dark grey areas.
Michael Harvey said these are transition areas that are managed, from a zoning
standpoint, by either Chapel Hill or Carrboro. He said the County has granted authority for
those areas to be developed in accordance with the joint planning land use planning agreement.
Commissioner Rich referred to the triangle on the bottom of the map, which is identified
as rural buffer. She asked if there is a reason this portion of land is considered as such.
Michael Harvey said that goes back to the joint planning land use planning agreement.
He said the area was rural in nature, with lots of farms.
Chair McKee recalled the discussion about the extension of the water line for fire
protection in that area.
Commissioner Rich said this triangular area seems out of character given that Chatham
County is developing right up to the edge of it.
Craig Benedict said it is known as the "lost triangle".
Michael Harvey said based on this work session, the BOCC desires a presentation
regarding how the options discussed this evening will look and a future work session on density.
Commissioner Jacobs said he hoped this discussion would include tax implications of
the various possibilities.
14 218
Commissioner Price said she would like to hear more about the cluster development of
affordable homes.
Craig Benedict said tonight's meeting was productive.
A motion was made by Commissioner Dorosin, seconded by Commissioner Burroughs
to adjourn the work session at 9:00 p.m.
VOTE: UNANIMOUS
Earl McKee, Chair
David Hunt,
Deputy Clerk to the Board
219
9/26/2016
Attachment 5
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Home s More News s News Detail
ORANGE COUNTY PLANNING DEPARTMENT TO HOLD WORKSHOP ON PROPOSED SUBDIVISION ORDINANCE
CHANGES
ORANGE COUNTY, NC(July 6, 2016) -Orange County Planning staff invites the public to attend an upcoming workshop to discuss
and collaborate on potential revisions to its subdivision regulations.
The meeting may interest residents,property owners, surveyors, and developers who may become involved in the subdivision
process. The workshop is also intended to review best practices and techniques toward providing various types of open space and
natural areas.
The workshop will be held on Wednesday, July 20, 2016 starting at 5:30 p.m. until 7:00 p.m. at the West Campus Office Building,
131 W Margaret Lane(Room 004-Basement Level) in Hillsborough.
The Orange County Boar of Commissioners(BOCC) directed Planning staff to review the possible modification of existing
subdivision development requirements and review processes in an effort to provide additional opportunities for the clustering of
subdivision lots and preservation of open space.
Current regulations categorize subdivision projects into 3 distinct types:
1. Standard Subdivision: Proposed lots comply with established minimum lot requirements with no common open space or
grouping of lots.
2. Cluster Subdivision: Required lot sizes, area,and setbacks can be reduced if at least 20% of the gross land area of the subject
property is designated as common open space; and
3. Flexible Development: Required lot sizes,area, and setbacks can be varied to accommodate on-site features, project design
elements, and open space. Required lot sizes vary based on the amount of comMon open space.
The goal of this project is to review and revise existing development standards in an effort to encourage purposeful growth and
development within the County in a cost efficient manner, while promoting the perpetual maintenance/preservation of open space
areas and allow for additional flexibility with respect to addressing required minimum lot sizes and wastewater collection/disposal.
Planning staff intends to present the revisions to the BOCC for approval in late November 2016. For more information, please
contact Mr. Pat Mallett, Planner II,at (919) 245-2577 or arngligitccivranggountync,cmy.
###
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220
Approved 10/17/16
1 Attachment 6
2
3 SUMMARY NOTES
4 ORANGE COUNTY PLANNING BOARD
5 SEPTEMBER 7,2016
6 ORDINANCE REVIEW COMMITTEE
7
8 NOTE: A quorum is not required for Ordinance Review Committee meetings.
9
10 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large, Chapel Hill Township; Tony Blake (Vice-chair), Bingham Township
11 Representative;
12
13
14 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz; Planning
15 Systems Coordinator; Ashley Moncado, Special Projects Planner; Patrick Mallett, Planner II, Rachel McCook, Planner I; Molly
16 Boyle, Planning Technician; Meredith Pucci,Administrative Assistant II.
17
18
19 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
20
21 Lydia Wegman called meeting to order.
22
24
25 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS-SUBDIVISION REGULATIONS
26 To review and comment upon proposed amendments to the UDO pertaining to subdivisions, particularly
27 minor subdivisions.
28 Presenter: Patrick Mallett, Planner II; Rachel McCook, Planner I; Molly Boyle, Planning Technician
29
30 Patrick Mallett reviewed the abstract.
31
32 Allen Clapp presented
33
34 Lydia Wegman asked about what can be on top of these systems. Allen Clapp answered people can walk on them, just no
35 vehicles. Patrick Mallett elaborate that there are fences or possibly hedgerows around them to prevent vehicles. Tony Blake
36 asked how long the supply lines last.Allen Clapp informed him they last indefinitely unless they're exposed to UV. Tony Blake
37 inquired about putting some of these alternative systems into the commercial areas where there's a growing issue with septic
38 systems failing.Allen Clapp explained that they would be able to do that now with the new rules but Patrick Mallett explained
39 there are some zoning and other issues making it difficult to get done.
40
41 Molly Boyle presented
42
43 Lydia Wegman asked if the cluster and flexible developments are going to be merged. Molly Boyle confirmed they are.
44
45 Patrick Mallett continued presentation after break for Planning Board meeting.
46
47 Tony Blake asked how it would affect the buffers. Patrick Mallett advised that it wouldn't to begin with because minor
48 subdivisions don't have that but the trade off is the open space requirement. Tony Blake mentioned subdivisions that aren't
49 finished yet and asked if they would be able to convert the remaining space to something like this. Patrick Mallett answered
50 that what's likely to drive that is the soil and whether the subdivisions were built on private or public roads. Patrick also
51 informed him that the road is cumulative and that's why 12 is the cap and if you go above 12 you have to have a public road.
52 Michael Harvey added that it would be on a case-by-case basis for a multitude of reasons.
53
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Approved 10/17/16
54 Craig Benedict added that the examples being presented are just graphics and it's likely these clusters will not be so close to
55 the road.The idea is to create more open space and give it rural character.
56
57 Patrick Mallett concluded presentation
58
59 Rachel McCook presented
60
61 Lydia Wegman asked if they've gotten feedback from developers. It was confirmed that they have and Patrick Mallett added
62 that they've been working with a couple pretty consistently.
63
64 There was discussion about farmers selling part of their land and subdividing it,as long as they still had enough to live off of.
65
66 Lydia Wegman confirmed that there was not going to be a change to the rural buffer with this.
2
Attachment 7 222
MINUTES
ORANGE COUNTY PLANNING BOARD
OCTOBER 17,2016
SPECIAL MEETING
MEMBERS PRESENT: Tony Blake (Vice-Chair), Bingham Township Representative; Lisa Stuckey, Chapel Hill
Township Representative; Patricia Roberts, Cheeks Township Representative; Laura Nicholson, Eno Township
Representative; Kim Piracci,At-Large; Buddy Hartley, Little River Township Representative;
MEMBERS ABSENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Paul Guthrie, At-Large
Chapel Hill Township; Andrea Rohrbacher, At-Large Chapel Hill Township; Maxecine Mitchell, At-Large Bingham
Township;
STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz; Planning Systems Coordinator; Ashley Moncado,
Special Projects Planner; Patrick Mallett, Planner II; Molly Boyle, Planning Technician;
OTHERS PRESENT: Emily Bane, Member of the Public; Curtis Bane, Member of the Public;
Agenda Item 8: Unified Development Ordinance(UDO)Text Amendment- To make a recommendation to
the BOCC on government-initiated amendments to the text of the UDO pertaining to
subdivisions, particularly minor subdivisions, flexible development options, and open space.
This item is scheduled for the November 21, 2016 quarterly public hearing.
Presenter: Patrick Mallett, Planner II
Patrick Mallett reviewed the abstract.
Craig Benedict:Also,with environmental health the state is also improving additional innovative systems that go
beyond these conventional, off site or not... But there is major trend that the state's hoping looking to look at.
Engineer systems that might be more expensive but they're a lot more innovative. We're encouraged by some of
the new things that are being suggested.
Tony Blake: Like the pods?
Craig Benedict: Yeah. Pods, and systems that actually provide the liquid that could be used for irrigation on site.
And that's something that really hasn't been used but the technology is there. There are some systems that the
state still hasn't improved yet that we're trying to become a test area for them because they work in other parts of
the United States and other countries. So, let's try that too. It's not a major risk. In any.. you do with these
innovative pilot programs they're trying to get the approval that the state let us do it at a local level. We'll have ways
of backing up the system with land so it doesn't become a problem.
Kim Piracci: So that would be done on individual house level?
Craig Benedict: Yeah, it would probably be a pilot program. We're trying to think of some lands up near Lake
Orange that have had failing conventional septic systems and put something in. And it would be something that if
you had to pump into it off site, a repair area,you could.
Lisa Stuckey:An off site septic is new to me.What is that? How off site can it go?
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Patrick Mallett: Well we follow the state guidelines. And basically think of if in terms of, "I buy lot one of a
subdivision. I would have a corresponding, there would be an easement that would go through the open space and
then there would be a corresponding deed to 1A, which would be my septic field. It would simply be out in the open
space and combine with other septic systems. It's not a package plan, it's not a community system, but there's a
deeded area out there that's made this fenced in and I basically own the deed but the HOA has the open space.
Lisa Stuckey:The tank?
Patrick Mallett: No. You would buy your house. I would buy lot 1 and I would build my home and the builder would
be responsible for installing the tank and then gets hooked up to the tank system and then it either goes gravity flow
or it gets pumped through a trench that has lines. To meet a state standard they have to be labeled a certain way,
the trench has to be constructed a certain way and then it goes out to the drain field. But specifically, physically,
legally lotl/lot 1A it goes out to that drain field.
Kim Piracci: So 1A is a piece of the drain field? Everybody has a piece of it?
Patrick Mallett: Yeah. So if I bought lot 2 then I would have lot 2 and then 2A would be my area so there's direct
accountability. The probably with a community package systems is that it's kind of an all or nothing proposition. If
the system fails everybody goes down. With this, it's the same as if it was on the lot and one of he benefits is... So
I've got a 5 acre lot and I know where my drain field is, pretty much but I've got 5 kids that like to play football... I
would rather that area be in an open space where it's there's no ambiguity to be fenced in and maintained.
Patrick Mallett showed schematics.
Kim Piracci: But no trees. Is that sort of the idea as well?
Patrick Mallett: Yeah. You don't want to have infiltration. There are systems that you can work around trees but
ideally you wouldn't want a tree.
Patrick Mallett continued presentation.
Lisa Stuckey: Can you explain that first one?
Patrick Mallett: So there's no incentive for you to do a flexible design on a minor subdivision. Technically, you can
dedicate open space today but there's no reason for..You're not going to get any benefit out of it from a regulatory
standpoint. With this provision you can go above 5 lots but you're going to have to provide open space and other
measures to best take care of... It wouldn't be against the increase because, quite honestly, I would say your
average minor subdivision probably leaves 50% of the theoretical allowed density on the table because they don't
want to make that leap into a major subdivision.
Craig Benedict: If I can summarize, the incentive is you have a staff approval for more lots down there so people
would be very encouraged to have that staff approval and do a minor subdivision.They're not gaining any more lots
as we say. In the past you could only do 5 by staff approval, now you can go up to 12.
Patrick Mallett:Yeah.The reason we picked 12 is because once you go above 12 you have to have a public street.
And so another example is, in the current UDO, if you do a private street and you go above 4 lots you have to go
through what I call a Chinese menu of requirements that allow you to do a private street and there are things like
double the minimum lot size, double the setbacks, increase your stream buffers by 125% and things that you can't
really do that and have a flexible development that encourages open space.
Kim Piracci:So developers won't have to come to you and get special permission, up to 12 lots?
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Patrick Mallett:They would go through the minor subdivision process.You have to get a Concept Plan approved by
the Development Advisory Committee, the Preliminary Plan reviewed and approved by the Development Advisory
Committee, and then prepare a plat.
Craig Benedict: But you won't have to go in front of the commissioners.
Kim Piracci:And do you still have to go in front of the commissions if you use a convention design option?
Patrick Mallett: Yeah. So if you wanted to do a conventional subdivision with 8 lots and you have no open space,
you didn't meet the flexible design criteria then that would be a major subdivision.You'd have to go to the BOCC.
Kim Piracci: Ok. And so these flexible development types of subdivisions aren't.. This is only when they're using
their own septic, it's not city water?
Patrick Mallett: Well, environmental health regulates the wells and you can do that in an individual well, a shared
well, a community well, different specials that they allow for.They basically stay to the state guidelines.
Kim Piracci: No, but I mean like if this development was going to use city water.
Patrick Mallet:Yeah, they could do that and that would be the easier way to deal with the water part of it.
Lisa Stuckey: How many subdivisions come to the County that have any form of city water?
Patrick Mallett: They're rare but I would say 90% of the time it's going to be a well system that may or may not be
provided that two owners are sharing together. That's almost always a "families" type scenario or you've got a well
provider that's meeting the states standard.
Tony Blake: The important thing is that this doesn't allow you to bypass any of the health regulations, building
codes, or any of the other things that are associated with the subdivision. This is a yearly dividing of the lots in a
more logical versus physical way.
Kim Piracci:That does seem like it increases density so if you had 50 acres you could do 5 lots, right?
Patrick Mallett:You could do 5 10-acre lots.
Tony Blake: Or you could do more.
Kim Piracci:You could do 12 lots.
Patrick Mallett: Or you can do 5 and 5.You can do 2 minor subdivisions and 5 lots each.
Kim Piracci: So the same sets of neighbors you have now more houses on 50 acres.
Tony Blake:The minimum acreage for a house for Orange County 3 acres, isn't it?
Patrick Mallett: .It's dependent on the watershed.A lot of the watersheds allow 1 unit per acre, some 2.
Kim Piracci:The result will probably be more density.
Patrick Mallett: I'm going to give you a biased answer.
Kim Piracci: I mean, it's going to feel less dense because you're going to have all this open space but in fact there'll
be more houses.
3
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Patrick Mallett: That's right. I see it as kicking the can to some extent. I've come to Orange County from a private
sector world and having dealt with developments of all shapes and sizes for 15 years. All over. In high-density
areas like Cary and rural areas of the County. If there's a market for 10 houses then 10 houses are going to get
built in that area because they're honing in on a school or an address or something that's driving the price point in
that market. And it's a matter of do you put all of those together or do you spread them out and kick the can
physically further down the road. That probably has a tinge of bias to it... Larger over lots lead to moving
development further and further towards the County.
Kim Piracci: If there's a big development it requires more homeowners associations.
Patrick Mallet: Well it's pretty rare unless you're doing the other variation of subdivisions that we get being that are
typically the 2 lot subdivisions and it's The Leda's Egg Ranch and Grandma Leda is subdividing to give the
grandson a 2 acre lot. The vast majority of them are going to be the 5 lot subdivisions or the 4 lot subdivisions and
because they have to maintain a private road they'll reform a HOA to enforce the road maintenance agreement.
Kim Piracci: But that slide that you had that you showed that everybody has their own lot and the lots go to the
creek and all of this is open land.Who owns that open land?
Patrick Mallet: It can come in different shapes but basically the property owners association would own it or at least
control it and they would maintain it and if it's a natural area it's a wooded area there is no real maintenance. If
there's a pastural area they...
Craig Benedict:They would have a 1/12th interest in that land.
Tony Blake: Or shares in a corporation or...
Patrick Mallett: Interesting nuance is that they could theoretically be smart about it and possibly explore a
conservation easement or they could take a rolling pasture land and work out an agreement with a farmer and then
they can raise grass or hay and then they get some income from that and the farmer benefits from that.
Kim Piracci: So that County or the State has oversight over what HOA's can and can't do?
Patrick Mallett: Well part of it is the regulatory aspects of the subdivision section about ordinance. Part of it has to
do with zoning and that part of the development and when they come in to be able to get a building permit there are
different rules that apply. We do record in conjunction with subdivisions things that are called declarations of
restrictions. They cannot neglect restrictive covenants but they don't speak to things like you can't have a purple
door or polka dots on the mailbox. Declarations have to deal with what their setbacks are specifically.
Tony Blake: But this does bring to mind one question that I had. A lot of times subdivisions are owned by the
developer until a sufficient amount of the houses are sold. I guess they would just be transferred?
Patrick Mallett: Yes. Your typically subdivision has some magic number. It's quite often 20-30% of the homes get
built.
Tony Blake: So that leads to the second half of my question which is when we worked with the second fire station
we had had a water garden and we had to deed and access to the County so that if we went bankrupt or something
like that you guys had access and could come in and clean it and charge us for it or charge whatever. Is that same
sort of regulation?
Patrick Mallett: Sort of. This is kind of a better scenario because that easement that would go to those deeded
septic systems. It has a requirement for all weather assistance and all weather access. So someone could get out
there, through the field to get to the actual site and you could point to, if a system fails, it is definitively locked under
the owner lot 1.The fines are directly attributed to that owner versus having the HOA responsible.
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Craig Benedict: Even more importantly, when we rewrote the UDO 4 years ago now we require a meeting from the
developer to the home owners. Some homeowners moving to a rural area don't know what's their responsibility or
what's a common responsibility and so this will be more important because they'll be having off site septic's, access
areas, fencing. So these developing restrictions are going to say you can't necessarily commercialize your open
space but you can have certain agreements.
Tony Blake: So the septic counts in the open space but it's not owned by the HOA?
Craig Benedict: There may be an HOA requirement for a common maintenance so that they all hire the same
person.
Tony Blake: Could be governed by the HOA...
Craig Benedict: ...Or if you had a community well. That could be governed by the HOA. But yet it doesn't count as
open space, but it kind of looks like open space.
Patrick Mallett: Yeah, it's a bonus in terms of what we get in terms of the open space. And it's just like a road, the
other nice thing is you're doing off site septic systems that would be a requirement and if you're doing a subdivision
you have to build the road before you can record the lots and it has to be certified. They would have to build the
septic systems, the fence around it and then you come in and the homebuilder builds the house and the tank and
then you hook the system up.
Tony Blake: One more question. Is there any size... we're starting to see some of these 5,000 square foot houses
out where we are and if they ever caught on fire we wouldn't be able to put them out.
Patrick Mallett: It's driven as it is today with any developments, it's driven by the watershed. If you're in University
Lake you have some pretty stringent impervious limitations.
Craig Benedict:There is not a requirement on the house size. It's a matter of imperviousness and... They tried that
in Florida to dictate house sizes by zoning district and that could not be done.
Curtis Bane:Will the open space be taxed the same as the rest of the development?
Patrick Mallett: Theoretically open space would be held by an association or if they worked collectively to get a
conservation easement it would valued at a lesser rate than it would be if you owned 2 acres. If I have a 1-acre lot
and the other acre is in the open space.
Curtis Bane: If your open space is trees could you harvest those trees?
Patrick Mallett:Theoretically yes, as you could anywhere in Orange County by state law.
Tony Blake:The HOA could restrict that?
Patrick Mallett:That's right.They could restrict that.
Craig Benedict: If it was a farm field and they want to forest that, they could do that, but if it's a native forest and it
has some value, near a stream,we'd probably say, "You have to do selective clearing in there."
Kim Piracci: So you're here talking to us tonight to get permission to do this?Or to not?
Patrick Mallett:To get a recommendation.
Kim Piracci: Is there an example of this around here?
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Craig Benedict: Maybe on a smaller scale, we can show you where we've had 33-40% open space and you can
see where we've preserved stream buffers and trees and things like that and the reason we're bringing this forward
is this is suggesting to cluster down even more. We've been limited by 1-acre minimum in rural areas. The density
and the lot size are 2 different things.
Tony Blake: But your utilities can be shrunken down and concentrated.
Patrick Mallett:Yeah. Examples would be Henderson Woods...
Kim Piracci: Is there a sweet spot between too close and... Because I've lived in a subdivision and I loved it until I
didn't. My son couldn't practice drums, I couldn't leave my house without getting barked at by a vicious dog, it was a
great idea until it became difficult to live there and so I can see the idea but I suspect there's a sweet spot. Like half
an acre is a good size.
Craig Benedict: It depends on the residence. Sometimes we've had occasions where people bought rural areas and
complained about rooster noises. Or somebody would say, "Don't you have required street lights?" and in rural
areas we don't require street lights so it becomes a choice and sometimes it's a transition.So there are some pretty
close environments so it's just consumer choices. What we should do is just not directly related to this but just to
give you an example,we'll bring some maps and show you the conventional and then we'll take you in the field,just
yesterday it was such a beautiful day, I was driving around to some subdivisions that we approved back in early
2000. I'll show you but I wont mention it but they're not pretty. They backed on roads onto roads and they're
supposed to have some landscaping and trees back there and it just never happened. They died. So this, we
should be able during the process to tuck these away off the road so when you go down a rural area you're going to
still see the roadside trees and most likely we'll be able to tuck them off the road. Not too far to make the road cost
but enough to take a rural character.
Patrick Mallett:And I think if there's some people that want the 2 acres and more and then there's another group of
people that kind of want to be in a rural setting but they don't necessarily want to maintain it all. I think maintaining 5
acres is a lot of work.
Craig Benedict:And they might want a neighbor within a certain distance, versus so isolated.
Patrick Mallett: This gives it more choices. I think that the realization that it doesn't need to be such a short drop off
from Southern Village to the rural area.
Tony Blake: Just as a comment; I like the fact that small family farms can set up an area like this, still keep the farm,
and use this as an annuity, sell 1 lot one year,sell another lot the next year and so on.
Kim Piracci:Are they going to be able to do that though?
Patrick Mallett: So part of what this would allow, and that's another sort of short coming to the minor subdivision, is
that you have to build it all at once and that includes the road. It sort of forces you to do all of it 100% up front. With
this, just like with the major, you could include with your request a phasing plan. Many farms are faced with the
proposition of... The average age of the farmer is pretty high. They're facing 300-acre family farm that's been in the
family for generations and generations...
Curtis Bane:And have to get put in there as a tenant farmer and never get anything in your name.And a lot of people
can't even put their children in a place on their farm.
Patrick Mallett: So this would allow them to maybe do some.. Let's just say that they get a subdivision approved for
8 units on 30 acres of the 300-acre farm and it's off to the farm. It doesn't gut the farm, it doesn't require 80 acres
under the exempt subdivisions to get done, and it doesn't require them to sell all of those 8 lots at a time... And
that's one of the other realizations to this. Just the land cost, I'm speaking very general terms, if you go way out
past Hurdle Mills you're going to get a land cost that's cheaper but closer in you're going to get anywhere from
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$15,000-$30,000 an acre in land basis. If you got in the rural buffer a minimum density requirement and lot size of 2
acres or 5 acres, that's a lot of money in the land that a working or even a middle class person may not be able to
afford. This isn't going to be 100% cheaper but it, theoretically, would allow them to get into a rural setting without
having to pay such an exorbitant land cost.
Craig Benedict: So we're looking for a recommendation from you.
MOTION by Laura Nicholson to approve the proposed modifications to the regulations regarding the subdivisions
and find that the amendment is consistent with the comprehensive plan. Seconded by Patricia Roberts.
VOTE: UNANIMOUS
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