HomeMy WebLinkAbouttest Article 7: Subdivisions 50
Section 7.4: Improvements and Performance Guarantees
SECTION 7.4: IMPROVEMENTS AND PERFORMANCE GUARANTEES
7.4.1 Generally
(A) Improvements proposed by the subdivider or required by this Ordinance, shall be
constructed in accordance with the standards and requirements provided in this
Ordinance.
(B) In those instances where said improvements are required to be constructed subsequent
to the approval of the Final Plat, plans and specifications for said improvements shall be
approved by the appropriate agency and reference to said improvements shall be made
part of the Final Plat.
7.4.2 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&Space, Recreation or Lkandscape management improvements,
areas, and facilities; and14
(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.
7.4.3 Completion of Improvements
(A) The Planning Director shall not approve a final plat presented for recordation until:
(1) All required improvements have been completed,.
{4 (2) All legal documents shall be submitted, reviewed and approved by the Orange
County Attorney-or
(2}(3) A performancequarantee has been provided in accordance with the provisions
detailed herein.14
14 Staff is adding language clarifying those areas subject to maintenance responsibility. We are clarifying the type
of open space subject to maintenance,for example,as primary/secondary open space is not intended for
disturbance or maintenance by anyone. It is supposed to be left alone. The revised language eliminates a
contradiction and properly identifies what is required to be maintained.
Orange County, North Carolina—Unified Development Ordinance Page 7-4
Article 7: Subdivisions 51
Section 7.4: Improvements and Performance Guarantees
(B) An improvement shall be deemed completed only after the appropriate public agency has
certified that the improvement(s) has been installed in accordance with the approved
preliminary plat, the approved construction plan, and in accordance with applicable
federal, state, and county regulations.
(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
subdividersl15��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
subdividerer.
(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-kap-e-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/develeper 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.
15 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: Subdivisions 52
Section 7.4: Improvements and Performance Guarantees
7.4.5 Maintenance of Required Improvements
Improvements installed as a requirement of subdivision approval shall be maintained by the
subdivider/deve-toper until they are accepted for maintenance by:
(A) For a public road, the North Carolina Department of Transportation; utility provider;
individual homeowner; Homeowners' or Property Owners' association.
(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 recreatio
association or similar legal entity
7.4.6 Property Owners' Association
(A) Where a neighborhood, property owners', or homeowner's 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--rated 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/develaper 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.
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Article 7: Subdivisions 53
Section 7.4: Improvements and Performance Guarantees
(B) The subdivider developer 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.
(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/develaper, as formal recognition that
maintenance responsibilities have been assumed by the property owner's association.
(F) The Planning Department shall not release the subdivider/develaper 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/developer 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/develaper 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.
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Article 7: Subdivisions 54
Section 7.5: Subdivision Agreements
(E) The guarantee shall have a term of two years and shall provide an option for annual
renewal if the subdivider has:
(1) Arranged for County inspection of the improvements,
(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 subdivider 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 provides an easement for individual septic disposal for use by a separate
lot or deed shall conform with NC DHHS DPH Innovative Waste Water System Approval
Orange County, North Carolina—Unified Development Ordinance Page 7-8
Article 7: Subdivisions 55
Section 7.6: General Design Standards
IWWS 2016-01. shall contain an additional 20,000 square feet to accommodate tho
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 16management plan
shall be required as part of the application submittal.
(F) Resource Protection
16 Correction of grammatical error.
Orange County, North Carolina—Unified Development Ordinance Page 7-9
Article 7: Subdivisions 56
Section 7.7: Lots
(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 preserve the
Common Open Space areas and other special
feature environmentally sensitive areas of the property,
(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. LOTS
7.7.1 : erally
All lots •.II conform to all of the requirements of this Ordinance for the zoning . strict and any
overlay dist in which they are located.
7.7.2 Shape and Orienta -•n
(A) The shape and ori-• ation of lots shall be appropri- to the location of the subdivision
and the development i -nded.
(B) Interior lot lines extending fro • a street -ould be approximately perpendicular or radial
to the street right of way line.
(C) Lot lines shall be located to p= it effici-qt installation and maintenance of utility lines on
utility easements, to max. ze buildable are: and, where applicable, to provide a
suitable area for sep - systems.
(D) Commercial a . industrial lots shall be of sufficient si : to include off street service
facilities, .•• off street parking of all vehicles used by all p: ons and employees.
7.7.3 Relations -p to Street
(A Each lot shall abut a publicly dedicated street except in subdivision appro,-d with private
roads. In the latter situation, each lot must abut a private road or a state mai -fined road
which is shown on the approved plat and constructed pursuant to the standards s- by
Orange County.
Orange County, North Carolina—Unified Development Ordinance Page 7-10
Article 7: Subdivisions 57
Section 7.7: Lots
(B) Upon recommendation of the Planning Board and approval of the County
Commissioners, the construction of the access road may be postponed until building or
market development is undertaken.
(1) In this case the lots shall be designated on the plat: "This lot may not be sold,
nor a building permit issued, until the access road has been built as specified for
this subdivision."
(C) Except where reverse frontage is desirable, double frontage lots should be avoided.
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
d I
en I
a
Local Street
Street
Diagram 3 Diagram 4
Street -- -
M® Hag Lot
—160—1
Flag Lot
Street Street
®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; or
(6) To provide for the protection of significant natural or cultural resources.
(6}(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: Subdivisions 58
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.
(G}(H) For the purpose of these standards, properties created as Common Open Space areas
shall not be considered flag lots."
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 requirements
of the Orange County Comprehensive Plan.
(2) Reservation for or dedication of street rights-of-way for future transportation
facilities proposed in the adopted Comprehensive Plan shall be required where
appropriate.
(3) A subdivider shall not be required to provide or dedicate right-of-way for a
proposed street to which access would be prohibited by any governmental
agency.
(B) Compliance with Approved Access Management Plans and Studies
(1) Subdivision of land abutting a roadway for which the Board of County
Commissioners has approved recommendations from a plan or corridor study is
subject to provisions of the approved corridor plan or study.
(a) In such cases, the subdivider/landowner shall provide any
improvements or other means to ensure construction recommended in
such plan or corridor study. Such improvements may include facilities
for bicycles, sidewalks, and public transportation.
(b) The subdivider, in cases where the recommendations address access
management, shall use design elements recommended in the plan or
corridor study to reduce conflict points.
(2) Policies prescribed in Phase V of the Access Management Awareness Project
and Report, or other adopted studies of strategies, shall be considered during
subdivision and site plan review to assess access management and other
corridor design considerations.
(C) Coordinated Street System
(1) All subdivisions shall have a coordinated street system with public or private
streets 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 properties as necessary
to provide connectivity to the countywide transportation network; and
(b) Lot access to streets serving the subdivision shall be limited in the
case of streets that provide a link between two or more roads
designated in the Comprehensive Plan as arterials or collectors.
17 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: Subdivisions 59
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)
(a) All subdivisions with Common Open Space shall have a coordinated
relationship between streets, Primary/Secondary and Active/Passive
areas within the subdivision, and, where logical and appropriate, shall
connect and have access to adjacent Open Space and Conservation
areas.
(b) All subdivisions with Common Open Space shall be encouraged to
have a coordinated relationship with existing and planned public trails,
sidewalks, and greenways.
- 8.2 Public Streets—Where Required
Public streets are generally required in all subdivisions and shall be required where it is foun.
that:
(A The subdivision streets would be accepted by the State for maintenance if:
1) They are built in a manner which satisfies the minimum State des'.n and
construction criteria for subdivision streets; and
(2) They would satisfy other requirements for addition to the S ate maintenance
stem, including, but not limited to, the general density andard of at least two
o .upied residences for each one-tenth of a mile of s.'division street.
If, upon revie of a subdivision plat, it is determined that 'e general density standard is
met, but a desig tandard is not, a re-design will be r-.uired where possible. For
example, if the nu ler of lots proposed along a subs'vision street would clearly satisfy
the density standard, . t the street design was s that the centerline radius did not
meet the minimum stan•:rd of 230 feet for lev= land, a new street design would be
required. Another example a situation w -re a landscaped island or entrance median
prevents acceptance of the st -et for mai• enance.
The State's criteria and standards .r: identified in the following publications: Subdivision
Roads - Minimum Construction St. .-rds and Traditional Neighborhood Development
(TND) Guidelines, prepared by d ay.'able from the N.C. Department of
Transportation; or
(B) The subdivision streets e end existing street- which are public; or
(C) The subdivision stre s are part of a developmen hich is located in an area designated
as Urban or Tran on by the Orange County Comp -hensive Plan; or
(D) A proposed s -et is designated as an arterial or collect. on an approved Thoroughfare
Plan for a ► nicipality or in the Orange County Comprehe ive Plan; or
(E) The su►division streets are part of a non-residential developm-qt consisting of office,
retai , industrial, and similar businesses, each located on a separ. e lot. This provision
s all only apply to that portion of a subdivision being developed for on residential
•urposes.
7.8.3 P . •lic Streets - Construction Standards
Public dedicated streets must meet the minimum construction standards as adopted by •e N.C.
Department of Transportation for acceptance of streets as additions to the State Highway
System.
18 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: Subdivisions 60
Section 7.8:Access and Roadways
7.8.4 Private Roads—When Permitted
(A) A private road utilizing the conventional design model shall 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 may comply with Common Open Space requirements as detailed in Section 7.12
in lieu of the private road justification requirements and standards listed in this
subsection, 7.8.4.19
(C.}(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)20 when determining whether
to permit private roads.
(-D}(E) There is no right to a private road in any subdivision containing more than three lots.
(€}(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—Conventional Subdivision
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.
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).
19 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.
20 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: Subdivisions 61
Section 7.8:Access and Roadways
d. All lots must be at least five acres for all other cases.
e. Minimum building setbacks for lots located on a private
road shall be twice those required.
(ii) Lot Sizes Cluster Subdivision or—Flexible Development=
Estate Lot Option without Density Bonus21
a. In zoning districts having a minimum lot size of 40,000
square feet:
All lots must be at least 40704040 000 square
feet in subdivisions providing 4033% or less
open space;
ii. All lots must be at least 70,00030,000 square
feet in subdivisions providing/11% /1940% open
space;
iii. All lots must be at least 4420,000 square feet in
subdivisions providing 50%or greater open
space.
b. In zoning districts having a minimum lot size of Brea
{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 439- 040,000 square
feet (3 acres) in subdivisions providing 4433%or
less open space;
1i. All lots must be at least 90,000 square feet (2.07
A o .:o
space;
iAll lots must be at least 60,000 square feet
(1.38 acres) in subdivisions providing 50% or
c. Minimum building setbacks for lots located on a private
road shall be twice those required.
(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
(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,
21 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: Subdivisions 62
Section 7.8:Access and Roadways
(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.
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.
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.
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.
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.
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.
If a subdivision is to contain private roads, the subdivider shall have the County's
Standard Road Maintenance Agreement entitled, "DECLARATION OF RESTRICTIONS
Orange County, North Carolina—Unified Development Ordinance Page 7-17
Article 7: Subdivisions 63
Section 7.8:Access and Roadways
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).
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 Subdivider
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 wider
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.
(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)).
Orange County, North Carolina—Unified Development Ordinance Page 7-18
Article 7: Subdivisions 64
Section 7.8:Access and Roadways
(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.
ABLE 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 Width 50 ft. 50 ft. 50 ft. 50 ft.
Travel-Way Width 18 ft. No Standard 12 ft. 12 ft.
Road Maintenance Yes Yes Yes Yes
A•reement Re•uired
Maintenance Property Owners Property Property Owners Property
Res.onsibilit Owners Owners
(1) Certificate of Construction
(a) A registered land surveyor must certify in writing to the Planning
Department that the travelway of the Private Road, either existing,
upgraded or newly constructed, is within the platted right-of-way.
(b) A professional engineer must certify in writing to the Planning
Department that a Private Road, either existing, upgraded, or newly
constructed, meets the standards of the required class for the
subdivision, provided however, there is no requirement for written
certification by a professional engineer for a private road serving three
or fewer lots.
(c) The following must be inspected and certified:
Orange County, North Carolina—Unified Development Ordinance Page 7-19
Article 7: Subdivisions 65
Section 7.11: Recreational Facilities
(B) If the Board of Education has not purchased the site or begun proceedings to condemn
the site within 18 months if site reservation, the subdivider may treat the land as freed of
the reservation.
SECTION 7.11: RECREATIONAL FACILITIES
7.11.1 Applicability
(A) Every person, firm or corporation who subdivides land for residential and/or non-
residential purposes shall be required to dedicate a portion of such land for the purpose
of public recreation/open space, including the preservation of natural and cultural
resources, to serve the leisure needs of the residents of the subdivision and the residents
of the immediate neighborhood within which the subdivision is located.
(See Article 10 for definition of"immediate neighborhood". The Planning Department
keeps a map showing the location of recreation service area boundaries)
In all cases, the Recreation and Parks Advisory Council shall review and make
recommendations to the Planning Board and Board of County Commissioners on the
provision or dedication of recreation and/or open space areas.
{B}(C) This public Recreational Facilities requirement is in addition to any requirements for
privately held passive or active Common 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 subdivider4p-p-k-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
subdivider4p-p-k-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.
Orange County, North Carolina—Unified Development Ordinance Page 7-30
Article 7: Subdivisions 66
Section 7.11: Recreational Facilities
(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.
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
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.
(a)(b) As approved by 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.
(b)(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.
(c)(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.
(d)(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 a single parcel except
where it is determined that two or more parcels are suited to the needs
of a particular subdivision.
(b) The Planning Department and/or Planning Board may recommend,
and the Board of County Commissioners may require, the dedication of
a connecting path in addition to the land required in Section 7.11.2
above.
(i) Where a connecting path is necessary, a path right-of-way of up
to 50 feet in width may be required, but in no case shall the path
Orange County, North Carolina—Unified Development Ordinance Page 7-31
Article 7: Subdivisions 67
Section 7.11: Recreational Facilities
right-of-way be less than 30 feet in width.
(3) Accessibility
(a) Land dedicated for recreational purposes shall have at least 50 feet of
frontage on at least one street within the subdivision.
(b) Where a recreation area is not accessible due to lot arrangement, the
Planning Department and/or Planning Board may recommend, and the
Board of County Commissioners may require, the dedication of
connecting paths which link the recreation area with other streets
within the subdivision (see figure below).
(i) Connecting paths so required shall be in addition to the land
required in Section 7.11.2 above.
(ii) Connecting paths may require a right-of-way of up to 50 feet in
width but in no case shall the path right-of-way be less than 30:. ..,feet in width. . .,,...,
,, ..... ,_
...
..,, .4. ,._...
Figure 7.11.3.E.3: Connecting Paths 4
7 .,,.....1...,
. ...;,.. ..i.,..
,....
. . . i
. .s. .. .,,,,,Lirii.:, . .....:1 ( .
} division; • ,it. ,- • - _
Connecting Path . '
. T,: , 30'ROW '
_.-.. 44
1: " / _ '4 „ 111Recreati•o
•
_i `' I Area
7.11.4 Site Improvements
(A) Private recreation facilities, either required or provided at the option of the
subdivider/applicant, 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/applicant 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.
Orange County, North Carolina—Unified Development Ordinance Page 7-32
Article 7: Subdivisions 68
Section 1.1: Cluster Developments
7.12.1 Generally22
(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,
{11) Reduces the overall development and public costs, and
___• ____ _ _ . _ __ __ 'em- , _-nicand 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 environmental resource&
identified in "An Inventory of Site of Cultural, Historic, Recreational, Biological, and
___ __ __ _ _ .__•__ - _ -"-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
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 '�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.
22 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.
23 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: Subdivisions 69
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.
7.12.3 Reductions in Lot and Setback Requirements
For lots created as part of a cluster development, minimum lot area, lot width and setback
requirements as specified in Article 3 of this Ordinance may be reduced as set forth below.
(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 side setback requiremonts may bo roducod to 10 foot oxcopt whoro
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
approved legal arrangements sufficient to assure its maintenanc
the intended purpose as provided in Section 7.1/1.3.
(D}(1) Open space designed to protect environmental resources 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" shall be adequately protected
through dedication of conservation easements, dedication to Orange County, rostrictivo
covenants, or other means found appropriate for the long term proservation of tho
particular site or resource.
(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 accessible to pedestrians, including the
(E) (E) The suitability of cluster open space intended for scenic value shall be
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: Subdivisions 70
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 otherwiso adversely affect tho-
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
Plans or Minor Subdivision Final Plats, applications must be accompanied by:
(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
departures.
(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 illuctrativo cito map, which idontifioc tho
(1) Slopes 7% 15%,
(2) Slopes 15% and greater,
(3) Existing vegetation,
('1) 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
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.
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 eaches.
Orange County, North Carolina—Unified Development Ordinance Page 7-39
Article 7: Subdivisions 71
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 by 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 sppace-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) A e e __• --e_ . _= 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 Space as part of such
developments.
(E) Flexible Developments shall comply with applicable density limits as detailed within
Section 4.2 of this Ordinance.24
24 Staff is adding language to ensure there is no confusion with respect to a project's compliance with established
density limits.
Orange County, North Carolina—Unified Development Ordinance Page 7-40
Article 7: Subdivisions 72
Section 7.12: Flexible Developments
7.12.3 Criteria in the Rural Buffer(RB) Zoning District25
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.
•
X26
7.13.37.12.4 Common Open Space Standards
(A) Minimum Required 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% 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% of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 30,000 square feet;
(c) 4550% of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 20,000 square feet;
OR
(d) 60a()-% of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 15,000
square feet.
(3) Such Common Open Sepace 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
25 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.
26 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: Subdivisions 73
Section 7.12: Flexible Developments
(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 8448-r-other Natural natural
Resourceeresources
(b) The oven timprovement or Maintenance maintenance of Visua4
visual ° -samenities;j
(c) The Creation creation or Protection protection of Man-age-El-managed
Resource resource ionproduction;j
(d) The oven timprovement or Maintenance maintenance of Public
public 44a-41a-health and Safetysafety-ian4
(e) (e)The Creation creation or Protection protection of Public public
Purpose purpose and/or 4414y-utility Infrastructuroinfrastructure-_
(7) The primary means by which goals in open space design are addressed are
composition, accessibility, size,and shape, and orientation.
(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
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,
Orange County, North Carolina-Unified Development Ordinance Page 7-42
Article 7: Subdivisions 74
Section 7.12: Flexible Developments
cultural, recreational and/or visual uses. -Size and shape requirements
are listed in Section 7.13.67.12.4.
(d) Orientation
Primary and Secondary Common Open areas shall be contiguous or
connected by right-of-way with other Common Open Space areas within
the subdivision and with adjacent properties that contain other recorded
Common Open Space areas that are contiguous with the proposed
subdivision.
(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 reserved for passive uses (e.g., forests, pastures,
meadows) and low impact active uses (e.g., trails, natural observation).
(b)(c) These areas are the first open spaces to be chosen towards meeting
the minimum 33% requirement.
{-e4(d) 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)(e) Primary Conservation Open Space Areas include:
(i) Wetlands
Including, but not limited to, streams, creeks, ponds, reservoirs,
stormwater management facilities for watershed protection
purposes, and adjoining land areas identified as part of:
a. The National Wetlands Inventory Maps for the county,
prepared by the U.S. Fish and Wildlife Service;
b. The "Orange County, N.C. Soil Survey," prepared by the
U.S.D.A. Soil Conservation Service;
c. The "Inventory of Natural Areas and Wildlife Habitats,"
as prepared by the Triangle Land Conservancy;
d. LANDSAT satellite data collected and analyzed under
the Albemarle-Pamlico Estuarine Study;
e. A required environmental assessment or environmental
impact statement; and/or
f. A site analysis conducted by a registered engineer, land
surveyor, landscape architect, architect or land planner
using data from the U.S. Army Corps of Engineers.
(ii) Floodplains (100-year)and Alluvial Soils
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Article 7: Subdivisions 75
Section 7.12: Flexible Developments
Identified as part of:
a. The "Flood Insurance Study: Orange County, N.C.,"
prepared by the Federal Emergency Management
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%, identified as part of:
a. The "Orange County, N.C. Soil Survey," prepared by the
U.S.D.A. Soil Conservation Service; and/or
b. A site analysis conducted by a registered engineer, land
surveyor, landscape architect, architect or land planner
and calculated using topographic maps from an actual
survey or from the U.S. Geological Survey.
(iv) Natural Areas and/or Wildlife Habitats
As identified as part of:
a. The "Inventory of Natural Areas and Wildlife Habitats,"
as prepared by the Triangle Land Conservancy;
b. A required environmental assessment or environmental
impact statement; and/or
c. An independent site study conducted by a trained
botanist and/or biologist.
(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, designated as a local historic district, and/or
identified as having a high potential for archaeological remains
as part of:
a. The "Chapel Hill Township Architectural Survey: Final
Report";
b. The "Orange County Multiple Property Documentation
Form: Historic Resources of Orange County";
c. "An Archaeological Survey of Portions of Orange
County, N.C.";
d. A required environmental assessment or environmental
impact statement; and/or
e. An independent site study conducted by a trained
architectural historian or archaeologist.
Where a historic or archaeological site is to be set aside as a
separate lot, and preserved and/or restored as part of a flexible
development, the entire area within the lot may be credited
toward meeting the minimum open space requirement.
(vi) Wildlife Corridors
As identified in the Orange County Comprehensive Plan.
(e)(f) 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:
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Article 7: Subdivisions 76
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 3-34 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 production of
trees and timber, where management practices such as
selective timber harvesting and wildlife enhancement are
employed. Such woodlands may consist of hardwood,
pine, and/or mixed pine-hardwood forests identified as
part of:
LANDSAT satellite data collected and analyzed
under the Albemarle-Pamlico Estuarine Study;
ii. A site analysis conducted by a registered
engineer, land surveyor, landscape architect,
architect or land planner using aerial
photographs and/or satellite imagery;
iii. A required environmental assessment or
environmental impact statement; and/or
iv. An independent site study conducted by a
trained botanist and/or forester.
b. Farmland
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Article 7: Subdivisions 77
Section 7.12: Flexible Developments
Prime agricultural land as identified by the
U.S.D.A. Soil Conservation Service in "Important
Farmlands: Orange County, N.C." and which is
in active use for the production of crops and/or
the raising of livestock is particularly
encouraged.
ii. Farmland also includes space on individual lots
used for gardens, ponds, horse paddocks and
barns, and similar uses.
c. Slopes of 15% to 25%
Slopes that require special site planning due to their
erosion potential, limitations for septic tank nitrification
fields, and terrain or elevation changes. Such areas may
be suitable for building, but higher site preparation 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 sites (see
7.132.3(C)(1)(d)(v) above).
e. Public and/or Private Recreation Areas and Facilities
Including:
"Active recreation areas" such as public
recreation areas, including district and
community parks as identified in the master
recreation and parks plan; and private recreation
facilities, including golf courses, playing fields,
playgrounds, swimming pools and courts for
tennis, basketball, volleyball and similar sports.
Because they represent uses in which natural
lands are cleared, graded and managed for
intensive activities, only half(50%)of the land in
this category may be credited toward meeting
the minimum open space requirement.
ii. "Low-impact recreation areas" such as
pedestrian, 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
meeting the minimum open space requirement.
f. Scenic Views
Natural and cultural features visible from designated
scenic road corridors, including views from the road as
well as views outward from potential home sites are
particularly encouraged. Landscape buffers that screen
the view of development and preserve the character of
rural public roads are also included in this category.
g. Pedestrian Open Space Area (POSA)
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Article 7: Subdivisions 78
Section 7.12: Flexible Developments
A POSA is a traversable corridor at least 50 feet wide,
undeveloped except for pedestrian recreation amenities,
and in common ownership.
POSAs are not required to have constructed
walking paths, but they must be reasonably
passable on foot.
ii. The final composition of a POSA shall be
evaluated on the intent of the overall access
plan in the subdivision.
iii. If the POSAs connect active or low impact
recreation areas, or if the POSAs are identified
as a recreation amenity, then a constructed path
can be required as a part of the approval
process.
iv. Landscaping to ensure compatibility with the
natural 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. All POSAs shall be connected to other types of
open space.
vii. In a Flexible Development subdivision, all
existing access ways shall, if practicable, be
connected into a single system.
viii. Flexible Subdivisions shall also have at least
one POSA and, when practicable, connect to at
least one outside edge of the subdivided
property, in order to preserve the ability to
connect the POSA with future, adjacent projects.
ix. POSAs may be used to satisfy up to 5% of the
33% open space requirement for flexible
development (for example, in a subdivision
containing 100 acres of total land area, up to
1.65 acres of the total POSA in the subdivision
would count towards meeting the 33% (33-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 Spacc 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
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Article 7: Subdivisions 79
Section 7.12: Flexible Developments
Secondary Conservation 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 7.13.8.
(D) Access to Common Open Space
(1) General public accessibility to and within open space shall be encouraged as
follows: evaluated 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.
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Article 7: Subdivisions 80
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 or 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
conservation areasPrimary 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�-y
conservationSecondary Open Space Area area 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:
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Article 7: Subdivisions 81
Section 7.12: Flexible Developments
TABLE 7.13.4.A.6: BUILDING ENVELOPE SPACING STANDARDS
FOR ESTATE LOTS
Minimum s.acin. between building envelopes on adacent 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
ri.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).
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Article 7: Subdivisions 82
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 house lots 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
house Jots 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 7.4312.3-4 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 --e•e- -e• _ . - 'e• e-=• ---_ - :-Secondary
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.
(a)(b) For Minor Subdivisions utilizing this option, the minimum amount of
open space may increase beyond amount per UDO 7.12.4 (A) (2).
(b)(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.
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Article 7: Subdivisions 83
Section 7.12: Flexible Developments
(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 Option27
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 residential units with
associated commercial, office, and service functions.
(i) The village proper may not exceed 100 acres in size and shall be
built in a compact manner so as to permit pedestrian
accessibility to its center within a five minute walk.
(ii) The village proper is to be distinguished from the village
conservancy by a well-defined "edge"of closely spaced buildings
in contrast with the open space of the conservancy.
(iii) A village proper may not be located closer than one-half mile
from the edge of another village proper, and every effort shall be
made to keep the separate settlements visually distinct.
(iv) The village proper is to be built in a generally rectilinear pattern
of interconnecting streets, defined by buildings, street furniture,
and landscaping, as places to be shared equally by pedestrians
and automobiles.
(v) A hierarchy of parks and squares is to be provided and
distributed strategically throughout the village and culminate in a
central civic space called the"Village Green."
(vi) Village lots shall be restricted from further subdivision through
deed restrictions and/or permanent conservation easements.
27 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.
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Article 7: Subdivisions 84
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.
I ' TABLE 7. .4.C.3:VILLAGE DEVELOPMENT STANDARDS
GENERAL PROVISIONS
• Land within a village shall be available for uses as provided in this subsection(C).
Land Use • Mixed uses of buildings is encouraged in central areas of the Village Proper, and single-story, single-
use buildings are discouraged.
• Similar land use categories shall generally front across streets, and dissimilar categories may abut at
Land rear property lines.
Allocation • Corner lots which front on streets of dissimilar use categories shall be designated the category with
the greater intensit of use.
• Lot design and building placement within each area of the village proper should be varied to create a
distinct character, and permit a range of activities and intensities of use.
Lots& • All buildings, except outbuildings, shall have their main entrance opening to a street or square.
Buildings • Stoops, open colonnades, and open porches may encroach into the front yard setbacks.
• Buildings placed less than five feet from a side property line shall be windowless on those sides
(does not apply to front and back); provided, however, small ventilation windows and clerestory
windows are 'ermined.
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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/or
arterial streets.
• There shall be a continuous network of alleys to the rear of the lots in the Village Proper.Alleys 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,sidewalks
Streets& along streets, and alleyways through blocks. The network shall link all parts of the village proper,
Alleys making walking easier than driving.Wherever practicable,streets shall be aligned in such a way that
they provide terminal vistas of parks, greens, commons, squares, and large buildings of a public,
semi-public or civic nature.
• No block face shall have a length greater than 500 feet without an alley providing through access.
• Streetlamps, between eight and 15 feet in height, and equipped with incandescent or metal halide
lights, shall be installed on both sides of streets at all street intersections and at mid-block where
block lengths exceed 400 feet.
• On-street parking directly fronting a lot shall count toward fulfilling the parking requirement.
• The number of required off-street parking spaces may be reduced by demonstrating the availability of
shared parking.
• Parking lots shall be located at the rear or at the side of buildings. Such lots shall be screened from
Parking the sidewalk by a masonry wall or wood fence, no less than 75%opaque, built along the property
line, and at least three feet in height.
• Street trees shall be installed within four feet of the property line abutting a street at no more than 40
foot intervals. They shall be deciduous and of varieties that obtain a mature height of at least 50 feet.
• Ad'acent .arkine lots shall have internal vehicular connections.
PUBLIC&CIVIC USE PROVISIONS
Land designated as part of Public and Civic Uses may include the following:
• Parks and squares; and
• Community buildings and facilities, including meeting halls, libraries, post offices, schools, day care
Land Use centers, churches, civic clubs, police and/or fire substations, recycling centers, maintenance facilities,
and similar uses.
• Large scale recreational uses shall be located outside the village proper within the village
conservancy.
• At least 10%of the land area in the village proper shall be set aside for Public and Civic Areas.
• Each village proper shall contain a central civic space or"village green"of at least one acre in size.
The village green shall be surrounded on at least three sides by Storefront and/or Townhouse Areas
which may include closely spaced, detached row houses, and storefront buildings or"shops".
• Each village proper shall contain a"meeting hall" located adjacent to the village green, designed and
sized to accommodate a village meeting, constructed in the early stages of village development, and
owned and operated by the residents of the village; e.g.,the homeowners association.
Land • The requirement of providing a"meeting hall"may be satisfied through assurances that a community
Allocation center, school or church may be used for and is of sufficient size to accommodate a village meeting.
• At least 5%of the land area in the village proper shall be arranged in a series of parks and squares
designed to serve as focal points for residential neighborhoods, and linked together by a system of
pedestrian sidewalks and avenues.Wherever possible, they shall be positioned to form "terminal
vistas"at the ends of streets or along bends in the street alignment.
• At least 2%of the land area in the village proper shall be designated for other permitted public and
civic uses such as schools, day care centers, churches, and similar uses.
• Land included in the village green, parks, and squares, may be counted toward satisfying the 33%
open space requirement.
• Buildings located in Public and Civic Areas shall be subject to the same setback and height
Lots& standards of uses on adjacent lots. For example, a meeting hall located adjacent to a Townhouse
Buildings Area shall meet the same setback and building height standards as required for buildings in a
Townhouse Area.
• Streets fronting on Public and Civic Area lots shall conform to the same standards as land uses
Streets& across from or adjoining the lots. For example, the streets fronting a meeting hall located adjacent to
Alleys 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 40-
foot intervals. They shall be deciduous and of varieties that obtain a mature height of at least 50 feet.
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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.
Parking • No fewer than 75%of the parking spaces shall be located to the rear of the building being served.
The remaining spaces shall be accommodated in curbside parallel spaces and/or in side parking 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, tailors, shoe repair,
dry cleaners, and similar uses.
• Specialized retail stores, including, but not limited to, the sale of gifts, novelties,flowers, books,
antiques,jewelry, apparel, toys and crafts,stationery, and similar uses. Corner groceries,general
stores, hardware stores, and drug stores are also permitted.
Land Use • Restaurants, excluding fast food and/or drive-in establishments.
• Business and professional offices, including, but not limited to, real estate and insurance offices,
travel agencies, medical and dental offices, opticians, banks and financial institutions(excluding
drive-in windows), lawyers, engineers, and similar uses.
• Studios for art, dance, music, and photography.
• Accessory residential apartments built over stores and offices.Where provided, at least 25%of the
floor area shall be designated for residential use.
• Not more than 5%of the land area in the Village Proper shall be designated for Storefront Area use.
Land • Storefront Area lots shall have a minimum lot frontage of 16 feet.
Allocation • A maximum of five lots may be combined for the purpose of constructing a single building.
• Setback requirements on combined lots shall be the same as for single lots.
• Buildings lots shall have their front facade; e.g., building wall facing the street, built to within five feet
of the front property line along at least 70%of the lot frontage.
• The unbuilt portion of the lot frontage shall have a masonry wall or wood fence, no less than 75%
Lots& opaque, built within five feet of the property line, and at least three feet in height.
Buildings • Buildings shall have no setback from at least one side property line except on corner lots where the
side yard setback adjacent to the street shall be five feet.
• Building coverage may not exceed 70%of the lot area.
• Buildings may not exceed three stories in height.
• Lots shall front on a street with a maximum right-of-way width of 70 feet, consisting of at least two 12-
foot travel lanes, 8-foot parallel parking on both sides, and 12-foot sidewalks on both sides.
• Lots shall have their rear lot lines coinciding with the right-of-way of a 24-foot alley, containing a
Streets& vehicular pavement width of at least 12 feet if one-way or 16 feet if two-way.
Alleys • Street trees shall be planted on both sides of the street at no more than 40-foot intervals. They shall
be deciduous and of varieties that obtain a mature height of at least 50 feet.
• Provision shall be made for service delivery, utility poles(if any), and trash collection at the rear lot
line.
• The number of parking and loading spaces shall be provided in accordance with Section 6.9 of this
Ordinance.
Parking • Not less than 75%of the parking spaces shall be located to the rear of the building. The remaining
spaces shall be accommodated in curbside parallel spaces and in side parking lots screened from
the street.
TOWNHOUSE USE PROVISIONS
Land designated for Townhouse Uses may be used for the following purposes:
• Attached dwellings including townhouses and apartments.
• Day care centers.
Land Use • Bed and breakfast establishments.
• Retirement centers.
• Home occupations of a professional and/or office nature when located on the second floor of a
permitted outbuilding.
• An accessory residential apartment when located on the second floor of a permitted outbuilding.
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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.
Allocation • A maximum of 12 lots may be combined for the purpose of constructing a single building containing
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 street frontage 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 50%opaque, built
within five feet of the property line, and at least three feet in height.
Lots& • Buildings shall have no required setback from side property lines except on corner lots where the
Buildings side yard setback adjacent to the street shall be five feet.
• Building coverage may not exceed 70%of the lot area.
• Buildings may not exceed three stories in height.
• One outbuilding is permitted on each lot, provided its ground floor area does not exceed 450 square
feet, it does not to exceed two stories in height, and it is located within 30 feet of the rear property
line and at least four feet from one side property line.
• Lots shall front on a street with a maximum right-of-way width of 60 feet, consisting of at least two 12-
foot travel lanes, 8-foot parallel parking on both sides, and 6-foot sidewalks on both sides.
• Lots shall have their rear lot lines coinciding with the right-of-way of a 24-foot alley, containing a
Streets& pavement width of at least 12 feet if one-way or 16 feet if two-way.
Alleys • Provision shall be made for service delivery, utility poles(if any), and trash collection at the rear lot
line.
• Street trees shall be planted on both sides of the street at no more than 40-foot intervals. They 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 this
Parking Ordinance.
• All off-street parking spaces shall be located to the rear of the building,with access through an alley
onl . On-street .arkine shall be .rovided in sarallel spaces.
RESIDENTIAL USE PROVISIONS
Land designated for Residential Uses may be used for the following purposes:
• Detached single-family dwellings.
Land Use • Home occupations of a professional and/or office nature when located on the second floor of a
permitted outbuilding.
• An accessory residential apartment when located in a permitted outbuilding.
• At least 40%of the land area in the Village Proper shall be designated for House Area use.
• Densities within Residential Use areas should decrease as distance from the Village Center
Land increases.
Allocation • House Area lots shall have an average lot frontage of 75 feet.
• A maximum of two lots may be combined for the purpose of constructing a single building.
• Setback requirements on combined lots shall be the same as for single lots.
• Buildings shall be set back between 15 feet and 25 feet from the front property line.
• On at least 30%of all Residential Use area lots, the lot frontage shall have a masonry wall,wood
fence or hedge, no less than 50%opaque, built within five feet of the property line, and at least three
feet in height.
• Buildings shall be set back from the side property lines equivalent(in total)to no less 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 square
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.
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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 two 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, 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 at the rear lot
line.
• Street trees shall be planted on both sides of the street at no more than 40-foot intervals. They 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 this
Ordinance.
Parking • All off-street parking spaces shall be located to the side or rear of the building.When access is
through the lot frontage, garages and carports shall be located a minimum of 10 feet behind the front
building wall line. Front-facing garage doors shall be sainted to match the color of the main house.
WORKSHOP USE PROVISIONS
Land designated for Workshop Uses may be used for the following purposes:
• Farm service support establishments.
• Building and landscaping contractors.
• Establishments involved in the repair, assembly, and/or manufacture of products which require only
Land Use hand or table mounted electrical tools.
• Automotive service uses, including the servicing and repair of automobiles, and sale of automobile
parts, but excluding body repair shop and automobile storage.
• Warehousing and distribution establishments, provided all storage is conducted entirely within a
building.
• Not more than 2%of the land area in the Village Proper shall be designated for Workshop Area use.
• Workshop Area lots shall be grouped together, located at the edge of the Village Proper, and be no
Land closer than 500 feet to the Village Green.
Allocation • Workshop Area lots shall have a maximum lot frontage of 150 feet.
• A maximum of two lots may be combined for the purpose of constructing a single building.
• Setback requirements on combined lots shall be the same as for single lots.
• Buildings shall not be required to provide setbacks from front or side property lines.
• Workshop Area lots shall be separated from other types of use categories at the side or rear property
Lots& lines(except an entry onto an alley) by a continuous masonry or wood wall of not less than 10 feet in
Buildings height or by a landscaped buffer of 100 feet in width.
• Building coverage may not exceed 70%of the lot area.
• Buildings may not exceed two stories in height.
• Lots shall front on a street with a maximum right-of-way width of 60 feet, consisting of at least two 12-
foot travel lanes, 8-foot parallel parking on one side, and 5-foot sidewalks on both sides.
• Lots shall have their rear lot lines coinciding with the right-of-way of a 24-foot alley, 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 at the rear lot
line.
• Street trees shall be planted on both sides of the street at no more than 40-foot intervals. They 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 this
Parking Ordinance.
• 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.
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Article 7: Subdivisions 89
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"T"turnaround. Where a
"T"turnaround is used as the terminus for a private road, the dimensions (e.g., turning
radius) of the "T" 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.
7-67.12.7 Water Supply and Sewage Disposal Facilities
Water supply and sewage disposal facilities to serve Flexible Developments may be provided
through the use of:
(A) Individual wells and septic tanks provided either on each lot or in off-lot locations
protected through recorded easements; or
(B) A community water and/or sewage disposal system designed, constructed, and
maintained in conformity with all applicable state, federal, and local rules, regulations,
and policies; or
(C) Connection to a water and/or sewage disposal system operated by a municipality,
association, or water or sewer authority. System extensions are permitted only in
accordance with applicable water and sewer, and land use policies and shall be sized
only to serve the Flexible Development for which the system is extended; or
(D) A combination of the above alternatives.
7.13.77.12.8 Design Guidelines
(A) Determining Density or Lot Yield
(1) Overall density shall be based upon the minimum lot size requirements of the
zoning district in which the Flexible Development is to be located and on the
basis of a Conventional Subdivision or"Yield" Plan conforming to the regulations
governing lot dimensions, land suitable for development, and street design.
Although such plans shall be conceptual in nature and are not intended to involve
significant engineering or surveying costs, they must be realistic.
(2) Potential building lots and streets must not be shown in areas that would not
ordinarily be permitted in a Conventional Plan i.e., Special Flood Hazard Areas,
wetlands, steep slopes, etc.).
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Article 7: Subdivisions 90
Section 7.12: Flexible Developments
(3) If the residential lots are proposed to be served by septic systems, the "Yield"
plan shall show soil suitability for individual septic tanks by a preliminary soil
suitability analysis performed in the field on at least 50%of the proposed lots with
all of the proposed lots located on a map showing the location of soil types suited
for septic systems based on the Orange County, N.C. Soil Survey. The soil
suitability analysis and map shall be prepared by a Soil Scientist in consultation
with the Soil Scientist of the Environmental Health Division of the Orange County
Health Department.
(4) The number of lots achieved through the preparation of a Conventional
Subdivision or"Yield" Plan is the number of lots which must be used in preparing
the Flexible Development Plan. The number of lots may not be increased through
the proposed use of an alternative or community sewage disposal system.
Increases are permitted, however, at the Preliminary Plan stage where a more
detailed soils analysis clearly demonstrates that a greater number of lots 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 Map
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.
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Article 7: Subdivisions 91
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 potential house sites.
(b) 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, and driveways.
(c) Individual wells and septic systems, where these are to be provided,
may be located within the undivided conservation lands if sufficient
space is not available on the lots.
7-1-337.12.9 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 may have
areas of greater or lesser significance (e.g., a notable example of local
vernacular building traditions compared to a much altered older home). Priorities
for conserving such resources should therefore be based upon a thorough site
analysis and an understanding of what is more special, unique, noteworthy,
environmentally sensitive, and/or historic as compared with other similar features
or different types of resources.
(3) In evaluating the layout of lots and open space, the criteria in (B)through (G)
below will be considered as indicating design appropriate to the site's features
and meeting the intent of the Flexible Development standards.
(4) Whereas diversity and originality in lot layout are encouraged, it is recognized
that not all objectives may be achieved on a given site. Each applicant must
therefore to achieve the best possible relationship between development and
preservation objectives.
(B) Criteria Applicable to all Flexible Development Projects
The following criteria apply to all Flexible Development projects:
(1) The shape and placement of open space shall meet the following:
(a) Be reasonably contiguous;
(b) Be coherently configured;
(c) Shall abut existing or potential open space on adjacent properties;
(d) Be supportive of stated open space goals;
(e) Should not be overly fragmented as to minimize edges; and
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Article 7: Subdivisions 92
Section 7.12: Flexible Developments
Where the goal of the Flexible Development project is to conserve scenic views, th-
following criteria apply:
(1) Leave scenic views and vistas unblocked or uninterrupted, particularl as seen
from public roadways. Consider"no-build, no-plant" buffers along p .lic
roadways where views or vistas are prominent or locally significa .
(2 In wooded areas where a sense of enclosure is a feature to bo maintained,
consider a "no-build, no-cut" buffer created through the pre -rvation of existing
vegetation.
(3) W -re development is located in unwooded areas cle. ly visible from existing
publi. roads, it should be buffered from direct view . a vegetative buffer or an
earth b: m constructed to reflect the topography . the surrounding area.
(4) Protect rur. roadside character and scenic vi- s by providing larger lots (e.g.,
two acres or 'ore) adjacent to existing publ. roads.
(5) Protect rural roag ide character and veh. ular carrying capacity by avoiding
development fronti on existing publi. roads and limiting access to all lots from
interior rather than ex :nor roads.
(6) Unless buildings can be e ectiv- screened or buffered with trees, avoid siting
new construction on or clos- t. prominent hilltops or ridges where rooflines are
seen above the horizon.
(F) Historic and Archaeological Features
Where the goal of the Flexibl- •evelopment p eject is to conserve historic and
archaeological sites and str.ctures, the following riteria apply:
(1) Design around . d preserve sites of histori , archaeological or cultural value so
as to safegua : the character of the feature(s), .ncluding fences and walls, farm
outbuilding , burial grounds, abandoned roads, .Id earthworks.
(2) New str=-ts, driveways, fences, and utilities must be ited so as not to intrude
unne -ssarily on rural, historic landscapes. Wherever ..ssible, streets and
driv-ways are to follow existing hedgerows, fence lines, .Id historic farm drives.
(3) hew developments must include plantings which incorporate ative species and
historic landscape materials so as to harmonize with the chara -r of the area.
(4 Building designs and styles used in new construction should be co '.atible with
the architectural style of historic buildings located on or adjacent to the 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 in
Section 7.11 shall apply.
7.13.97.12.10 Density Bonuses for Major Subdivisions
For Major Subdivisions;the 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
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Article 7: Subdivisions 93
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 purchased
in less than fee, a conservation easement dedicated to Orange County shall be
recorded which restricts the development potential of the land.
(4) Location of Open Space Bonus Units
Density increases to encourage additional open space are limited to Flexible
Developments proposed in the following locations:
(a) Within Transition Areas as designated in the Land Use Element of the
Comprehensive Plan. Within such areas, the maximum permitted
density is 2.5 dwelling units per acre unless the applicant obtains
approval of a zoning district classification which permits a higher
density.
(b) Outside of Transition Areas but within an area designated for service
by a utility provider as part of an adopted long-range water and/or
sewer extension plan. Within such areas, the maximum permitted
density is 1.3 dwelling units per acre.
(c) Outside of Transition Areas but within 3/4 of a mile of an interstate
corridor or a major thoroughfare designated as a high occupancy
vehicle (HOV)/busway route as part of an adopted regional transit plan.
Within such areas, the maximum permitted density is 2.5 dwelling units
per acre.
(d) Outside of Transition Areas but within 1/2 mile of a transit station
designated as part of an adopted regional transit plan. Within such
areas, the maximum permitted density is five dwelling units per acre.
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Article 7: Subdivisions 94
Section 7.13: Specifications for Plat Drawings
Within these locations, public water and sewer service may be extended,
provided the applicant can demonstrate that such service is necessary to serve
the density increases achieved through the use of the bonus option(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) 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
departures.
(C) The location, type, and area of the Common Open Space, as well as the amount and
function of the Common Open Space in terms of densities and dwelling types proposed.
(D) Written 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.
I�J '� 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,
Orange County, North Carolina—Unified Development Ordinance Page 7-64
Article 7: Subdivisions 95
Section 7.13: Specifications for Plat Drawings
(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:
(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,
(e)(q) A Site Analysis Map as outlined in UDO 7.13.2 (A)(3) below,
{4}(h) The delineation of any known and required stream buffers on the
proposed lot(s)i;
(g)(i) The proposed method for ingress and egress including a description of
how each lot will be afforded access,
(h)(i) A narrative detailing the development of all proposed roadways—,.
{+}(k) A private road justification, if required under Section 7.8, and
{}}(I) 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 consists of three
parts:
(i) A Site Analysis Map;
(ii) A Conventional Subdivision Option; and
(iii) A Flexible Development Option.
(b) The Concept Plan shall be prepared according to the "four-step"
process for designing Flexible Development subdivisions, as described
herein.
(c) The Concept Plan shall be drawn in black ink or pencil to a scale of not
less than 200 feet to the inch. The scale chosen shall be large enough
to show all required detail clearly and legibly.
(2) Required General Information
Each Site Analysis Map and Development Option shall contain the following
general information:
(a) A sketch vicinity map showing the location of the subdivision in relation
to the existing street or highway system;
Orange County, North Carolina–Unified Development Ordinance Page 7-65
Article 7: Subdivisions 96
Section 7.13: Specifications for Plat Drawings
(b) The plotted boundaries of the tract from deeds or maps of record and
the portion of the tract to be subdivided;
(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.
Orange County, North Carolina—Unified Development Ordinance Page 7-66
Article 7: Subdivisions 97
Section 7.13: Specifications for Plat Drawings
(B) Title Block
A title block shall be placed on the plat, which shall contain the following information:
(1) The name of the subdivision, preceded by the words "Final Plat of
", which shall not duplicate nor closely approximate, phonetically
or in spelling, the name of any other subdivision in Orange County, and, where
the plat at hand is only part of a larger subdivision bearing the same name, the
unit or section number of other necessary identification;
(2) The graphic scale in feet per inch in words or figures and bar graph; a north
arrow accurately positioned and designated as magnetic north, true north, North
Carolina State Plane Coordinate Grid System North or north referenced to a
recorded instrument with the recording reference shown; the date or dates the
survey was conducted; and any other pertinent legend data;
(3) State, county and township location; tax map, Parent PIN, block and lot number
references; and deed book and page number citations for the property being
subdivided; and
(4) The name and address of the owner(s) of the land being subdivided; the name
and address of the subdivider if other than the owner; and the name and
address, registration number and seal of the land surveyor responsible 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 of the tract to
be subdivided.
(b) Areas not designated as lots that will be under common ownership
such as a conservancy, public agency or similar entity or a
homeowners' association's ownership shall be appropriately labeled as
tracts.
(c) Locations of corporate limits or Extraterritorial Zoning Jurisdiction (ETJ)
lines, township boundaries, and county lines.
(d) The names of owners and Parcel Identification Numbers (PIN) of
adjacent land.
(e) For adjacent land that is platted, the subdivision plat name, plat book
and page number abutting the tract to be subdivided shall also be
shown.
(2) Other Conditions
(a) If any portion of the final plat includes land referenced in the "Inventory
of the Natural Areas and Wildlife Habitats of Orange County, North
Carolina" it shall be shown on the plat.
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Article 7: Subdivisions 98
Section 7.13: Specifications for Plat Drawings
(ii) Stream buffers as required by Section 6.13 of this Ordinance
shall be delineated with widths noted on the Final Plat.
(iii) Development restrictions within the stream buffer shall be
specified in a separate document to be recorded concurrently
with the Final Plat. The Deed Book and Page reference shall be
noted on the Final Plat.
(iv) Storm water detention and/or retention sites and undisturbed
areas for infiltration purposes as required by Section 4.2 and
6.13 of this Ordinance shall be delineated and labeled on the
Final Plat.
(v) Any restrictions or requirements associated with the
detention/retention sites shall be specified in a separate
document to be recorded concurrently with the Final Plat. The
Deed Book and Page reference shall be noted on the Final Plat.
(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.
(b)(c) Common Open Space areas indicating the type (e.g.,
Primary/Secondary), the use (e.g., passive trails), the land area, the
fee simple owner of the land, and/or the holder of the easement.
(F) Certificates and Endorsements
(1) General
The Final Plat shall be made by or prepared under the supervision of a
Professional Land Surveyor licensed to practice in the State of North Carolina
and shall contain a certificate as required by Section 47-30 of the General
Statutes and prepared in substantially the following form and acknowledged by a
notary public:
"I, , certify that this plat was drawn under my supervision from (an
actual survey made under my supervision) (deed description recorded in Book
, Page , etc.) (other); that the ratio of precision is 1: ; that
the boundaries not surveyed are shown as broken lines plotted from information
found in Book , Page ; that this map was prepared in accordance with
G.S. 47-30 as amended. Witness my hand and seal this day of
, A.D., 20 '
Seal or Stamp
Surveyor Registration Number
(The surveyor shall also certify on the plat as required by G.S. 47-30 (f) (11) as
amended.)
(2) Certificates of Dedication and Maintenance
(a) The following certificate shall be printed on the Final Plat and shall be
followed by the signature of the owner(s) of the property being
subdivided acknowledged by a notary public.
"The undersigned owner hereby certifies that the land shown hereon is
located within the subdivision-regulation jurisdiction of Orange County
Orange County, North Carolina—Unified Development Ordinance Page 7-75
Article 10: Definitions 99
Section 10.1: Definitions
Child Care Facility
Includes child care centers, and any other child care arrangement not excluded by General Statute 110-
86(2), that provides child care, regardless of the time of day, wherever operated, and whether or not
operated for profit.
a) A child care center is an arrangement where, at any one time, there are three or more pre-school
children or nine or more school-aged children receiving child care.
b) A family child care home is a child care arrangement located in a residence where, at any one
time, more than two children, but fewer than nine children, receive child care.
Church
A structure in which persons regularly assemble for religious worship, which is maintained and controlled
by a religious body organized to sustain public worship.
Club or Lodge, Private
An establishment operated by a corporation or association of persons for social, recreational, fraternal or
charitable purposes, but which is not operated for profit or to render a service which is customarily
conducted as a business.
Cluster Development
A subdivision in which building lots are grouped together through a transfer of allowable density within the
subdivided tract. Cluster development permits more efficient development by creating lots with gross
land areas smaller than those required for conventional lot-by-lot development, yet maintains application
of normal lot density standards to the subdivided tract as a whole by requiring that land area saved by lot
size reductions be reserved as permanent open space and/or recreation space.
Cold Storage Facility
A facility used to warehouse perishable foods and products prior to transport.
Commercial-Industrial 'ansition Activity Node Land
Land near major transportation routes that could be provided with public water and wastewater services
and is appropriate for retail and other commercial uses; manufacturing and other industrial uses; office
and limited (not to exceed 25% of any Node) higher density residential uses.
Commercial ransition Activity Node Land
Land 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
A portion of a development not attributed to an individual lot or owner that is designed for the common
usage of the subdivision or development. These areas include Common Open Spaces, entry features,
subdivision facilities, mail kiosks, sidewalks, parking lots, and walkways. Construction and maintenance of
such areas is the responsibility of the homeowner'/property owners' association.
Common Open Space
Privately held land area set aside, dedicated, owned, and maintained for common use, access, and
enjoyment of multiple owners. This type of open space is held within a defined lot or a defined easement
area. 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:
These areas have sensitive environmental features and/or significant cultural resource areas, which
may make them legally or practically unbuildable. These areas are reserved for passive uses (e.g.,
forests, pastures, meadows) and low impact active uses (e.g., trails, natural observation).
Orange County, North Carolina—Unified Development Ordinance Page 10-6
Article 10: Definitions 100
Section 10.1: Definitions
• Secondary Open Space:
Secondary Open Space Areas have fewer restrictions with regard to location, allow more flexibility to
improve overall open space design, and have more active uses (e.g., community gardens,
playgrounds).
• Active Open Space:
A subset or category of open space that defines the type and/or intensity of its use. Active areas are
typically built areas and most often contain equipment and/or infrastructure. They are also frequently
used by the residents. Examples include: trails, community gardens, and recreation fields, plays
areas, pocket parks, and ball courts.
• Passive Open Space:
A subset or category of open space that defines the type and/or intensity of its use. Passive areas are
typically undisturbed, conserved areas that have little to no direct physical human interaction within
that portion of the open space.
• Utility Open Space:
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, gas, 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.
Community Center
A new or existing facility that is owned or operated by a non-profit group from the community for non-
commercial activity.
Community Farmers' Market
An enclosed or open-air facility for the retail sale of locally produced vegetables, flowers, meats,
commodities, plants, crafts, etc. For the purpose of this definition, "local" means Orange County and
counties that share a border with Orange County.
Composting Operation
A facility designed and used for transforming food, yard waste and other organic material into soil or
fertilizer through biological decomposition. This does not include backyard composting bins serving
individual families.
Comprehensive Plan
An internally consistent and compatible statement of policies for the long term, physical development of
that portion of Orange County under County jurisdiction, consisting of a statement of development
policies and maps and text setting forth objectives, principles, standards and plan proposals for physical
development.
The Comprehensive Plan also consists of adopted area plans which focus on a portion of the County
such as a township, a watershed or an interstate highway interchange. Technical information and/or task
force reports prepared as part of a plan element or an area plan and incorporated as part of the appendix
of or as a supplement are also considered part of the Comprehensive Plan.
Concentrating Solar Thermal (CST) Devices
Systems that use lenses or mirrors, and often tracking systems, to focus or reflect a large area of sunlight
into a small area. The concentrated energy is absorbed by a transfer fluid or gas and used as a heat
source for either a conventional power plant, such as a steam power plant, or a power conversion unit,
such as a sterling engine. Also known as Concentrated Solar Thermal (CST).
Conditional Districts
A zoning technique authorized by N.C.G.S. 153A-342 which allows for the imposition of mutually agreed
upon individualized development conditions as part of the legislative rezoning process. The Conditional
Orange County, North Carolina—Unified Development Ordinance Page 10-7
Article 10: Definitions 101
Section 10.1: Definitions
Farming
The use of land consistent with the State of North Carolina's definition of farming, as contained in the
General Statutes.
Farm, Bona Fide
The use of land meeting the criteria for"Farm" as defined by the State of North Carolina in the General
Statutes.
Farm Equipment, Non-Farm Use of
Commercial use of the farm equipment for non-farming activities away from a bona fide farm. Examples
include grading services and landscaping services.
Farm Equipment Rental, Sales and Service
An establishment engaged in the rental, sales, service, and/or repair of construction or farm equipment,
including excavators, loaders, graders, bulldozers, farm tractors 50 horsepower or more in size and other
large, heavy-duty types of equipment used in the construction or farming industries but not including
horse trailers, trucks, or other vehicles designed for use on public roads.
Farm Supply Store
An establishment engaged primarily in the sale or rental of farm tools, small farming equipment, and farm
supplies. Retail sales of animal feed, grain, hardware, lumber, tack, riding attire, animal care products,
and the like may be an ancillary activity.
Federal Emergency Management Agency (FEMA)
The agency of the federal government chiefly responsible for studying and mapping flood plains and
developing guidelines limiting development therein.
Feed Mill
A building with machinery and apparatus for grinding and/or bagging grain.
Fertilizer
Any substance containing nitrogen or phosphorous which is used primarily for its plant food content.
Financially Responsible Person
In regards to soil erosion and sedimentation control provisions, and party or entity who has financial or
operation control over a land-disturbing activity and/or the landowner or party/entity in possession or
control of the land who had directly or indirectly allowed a land-disturbing activity or had benefited from
such activity.
Fixture
The assembly that houses the lamp or lamps and can include all or some of the following parts: a
housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a
refractor or lens.
Flexible 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" approach option 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
Orange County, North Carolina—Unified Development Ordinance Page 10-13
Article 10: Definitions 102
Section 10.1: Definitions
b) A"conservation-cluster"a each 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 a oasla-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.
Floating Zoning District; Floating Zone
A zoning district that is defined in the text of the Ordinance but which is applied or mapped only upon the
approval of a rezoning application/petition.
Flood and Flooding
A general and temporary condition of partial or complete inundation of normally dry land areas from the
overflow of inland or tidal waters and the unusual and rapid accumulation of runoff of surface waters from
any source.
Flood Insurance
The insurance coverage provided under the National Flood Insurance Program (NFIP).
Flood Insurance Rate Map (FIRM)
An official, adopted Orange County map, issued by FEMA, on which both the Special Flood Hazard Areas
and the risk premium zones applicable to the county are delineated. These areas are incorporated within
the official Zoning Atlas for Orange County as the Special Flood Hazard Area Overlay District.
Flood Insurance Study (FIS)
An examination, evaluation, and determination of flood hazard, corresponding water surface elevations (if
appropriate), flood insurance risk zones, and other flood data in Orange County issued by FEMA. The
FIS report contains corresponding flood profiles, as well as FIRMs.
Flood Lamp
See Outdoor Lighting, Flood Lamp.
Floodlight
See Outdoor Lighting, Floodlight.
Floodplain or Flood Prone Area
Any land area susceptible to being inundated by water from any source and is interchangeable terms.
Floodplain Administrator
The individual appointed to administer and enforce the floodplain management regulations.
Floodplain Development Permit
A document required for any disturbance within a mapped special flood hazard area prior to the
commencement of any development activity.
Floodplain Management
The operation of an overall program of corrective and preventive measures for reducing flood damage
and preserving and enhancing, where possible, natural resources in the floodplain, including but not
limited to emergency preparedness plans, flood control works, floodplain management regulations, and
open space plans.
Floodplain Regulations
This Ordinance, subdivision regulations, building codes, health regulations, special purpose ordinances,
and other applications of police power, which control development in flood-prone areas. This term
describes federal, state or local regulations in any combination thereof, which provide standards for
preventing and reducing flood loss and damage.
Orange County, North Carolina—Unified Development Ordinance Page 10-14
Article 10: Definitions 103
Section 10.1: Definitions
Open Burning Of Trees, Limbs, Stumps And Construction Debris Associated With
The Permitted Activity
The disposal of limbs, stumps and construction debris associated with the permitted activity by means of
outdoor fires.
Open Space - (flexible development)
"Primary Conservation Open Space Areas" and "Secondary Conservation Open Space Areas", as
defined in Section 7.4312.4, which are preserved through conservation easements or other restrictions in
a flexible development subdivision.
Open Space (land use intensity)
A. Open space is the total horizontal area of uncovered open space plus half the total horizontal
area of covered open space subject to limitations set forth below.
B Uncovered open space is total gross land area not covered by buildings, plus open exterior
balconies and roof areas improved as recreation space.
C. Covered open space is usable open space closed to the sky, but having two clear unobstructed
open or partially open sides. Partially open sides is to be construed as 50% or more. Examples
of covered space are covered balconies, covered portions of improved roof areas, or space under
buildings supported on columns or posts or cantilevered. The square footage countable as
covered open space shall not exceed the square footage of the open space sides.
Open Space Ratio
The minimum square footage of open space required for each square foot of gross land area. This area
includes parking and vehicular access areas and it can also include balconies, and roofs improved for
recreation.
Outdoor Advertising Industry
The organizations that provide outdoor displays or display space on a lease or rental basis.
Outdoor Lighting
Installation of lighting equipment, whether attached to poles, building structures, the earth, or any other
location to allow for the illumination of a building and exterior area(s)within the confines of a defined
property line. Included are open air spaces on a property, which are under a roof or other cover and not
fully enclosed such as a canopy, pavilion, drive-through bay, or parking deck.
Outdoor Lighting, Cutoff Fixture
A fixture shielded or constructed in such a manner that no more than 2 1/2% of the total light emitted by
the fixture is projected above the horizontal plane of the fixture.
Outdoor Lighting, Direct Light
Light emitted directly from the lamp, off of the reflector diffuser, or through the refractor or diffuser lens, of
a luminaire.
Outdoor Lighting, Fixture
The assembly that houses the lamp or lamps and can include all or some of the following parts: a
housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a
refractor or lens.
Outdoor Lighting, Flood Lamp
A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass
envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in
residential outdoor area lighting.
Outdoor Lighting, Floodlight
Orange County, North Carolina—Unified Development Ordinance Page 10-31
Article 10: Definitions 104
Section 10.1: Definitions
A temporary lodging facility that is compatible to the primary land use of agriculture, forestry, open space,
or otherwise rural residential activities. Rural guest establishments consist of three subcategories based
on intensity and permit requirements, Bed and Breakfast, Bed and Breakfast Inn, and Country Inn, which
are further defined below.
Bed and Breakfast: A private, owner-occupied dwelling in which the frequency and volume of
paying guests is incidental to the primary use of the building as a private residence. One to three
guestrooms are made available to transient visitors. The establishment shall not contain
restaurant facilities, but may provide food service for transient guests only. (Zoning Permit)
Bed and Breakfast Inn: A business operated in a structure which is used primarily for providing
overnight accommodations to the public, even though the owner or manager lives on the
premises. The number of guestrooms may range from four to no more than eight. The
establishment shall not contain restaurant facilities, but may provide food service for transient
guests only. (Class B SUP)
Country Inn: A business, which offers accommodations and dining in a predominately rural area.
Overnight accommodations are available, and a full-service restaurant provides breakfast, lunch
and dinner to guests and the general public. The number of guestrooms may range from four to
no more than 24. The restaurant shall contain no more than 60 seats. (Class A SUP)
Rural Heritage Museum
A facility which stores and exhibits objects of historical, agricultural, and/or cultural interest for the
purpose of educating the public about the rural heritage of Orange County and surrounding areas.
Rural Industrial Activity Node
Land focused on designated road intersections which serves as a nodal crossroads for the surrounding
rural community and is an appropriate location for small-scale industrial uses which do not require urban
type services.
Rural Neighborhood Activity Node
Land focused on designated road intersections within a Rural or Agricultural Residential area that is
appropriate for small-scale commercial uses.
Rural Residential Land
Land in the rural areas of the County that is an appropriate location for low intensity and low density
residential development which are not dependent on urban services.
Rural Special Event
A temporary or seasonal commercial activity that occurs on a bona fide farm and which is expected to
attract more than 20 people at any given time.
Salvage yard
Property used for the storage, collection, and/or recycling of any type of equipment whatsoever, whether
industrial or non-commercial, and including but not limited to vehicles, appliances and related machinery.
Saw Mill
A facility where off-site logs or timber are sawn, planed or otherwise processed into lumber or other wood
products; not including the processing of timber for use on the same parcel of property.
Semi-Cutoff Fixture
An outdoor fixture shielded or constructed in such a manner that it emits no more than 5% of its light
above the horizontal plane of the fixture, and no more than 20% of its light ten degrees below the
horizontal plane of the fixture.
Septic, Off-Site
An off-site system is a wastewater system as defined in GS 130A-334(15)where any components of
the systems serving two or more facilities are located on property other than the building lot that is
under common ownership or control. This approval does not apply to a wastewater system entirely
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Article 10: Definitions 105
Section 10.1: Definitions
contained on multiple adjoining lots or tracts of land under common ownership or control which are
considered a single system per GS 130A-334(15) and subject to permitting pursuant to 15A NCAC
18A .1938(j).
septic System, Alternative
Any approved ground absorption sewage treatment and disposal system other than an approved privy or
an approved septic tank system.
Septic Tank System
A subsurface sanitary sewage system consisting of a septic tank and a subsurface disposal field.
Setback
Yard space other than a court unoccupied and unobstructed by any structure or portion of a structure
from thirty inches above the general ground level of the graded lot upward, except as specifically provided
in these regulations; provided, however, that fences and walls may be permitted in any setback subject to
height limitations established generally or for the district and, further provided that poles, posts and other
customary accessories, ornaments, furniture and landscaping shall be permitted in any setback if they do
not constitute substantial impediments to free flow of light and air across the setback or violate provisions
of these or other regulations regarding visibility.
Sexually Oriented Devices
Any artificial or simulated Specified Anatomical Area or other device or paraphernalia that is designed
principally for Specified Sexual Activities but shall not mean any contraceptive device.
Sexually Oriented Business
A business which offers its customers or adult patrons any device, activity or demonstration depicting
Specified Sexual Activities , or which is intended to appeal to sexual interests, titillation or arousal of the
customer or adult patron. A sexually oriented business shall include an adult establishment as in NCGS §
14-202.10(2) and, in addition, without limitation shall include: Adult Arcade, Adult Bookstore, Adult Video
Store, Adult Cabaret, Adult Motel, and Adult Escort Agency.
Any letter, figure, character, mark, plane, point, marquee, design, poster, pictorial, picture, stroke, stripe,
line, trademark, reading matter, or illuminated surface which is constructed, placed, attached, painted,
erected, fastened or manufactured in any manner so that the same shall be used for the attraction of the
public to any place, subject, person, firm, corporation, public performance, article, machine, or
merchandise, which are displayed in any manner, including out-of-doors.
Sign, Abandoned
A sign for which no legal owner can be found or any sign face or sign structure that advertises a business
not conducted on the premises for over 90 days. In making the determination that a sign advertises a
business no longer being conducted, the Planning Director shall consider the following: the existence or
absence of a current occupational license, utility service deposit, or account; use of the premises; and
relocation of the business.
Abandoned Sign shall also include the following:
Through age and/or obsolescence a sign that no longer conforms to structural or maintenance
specifications of Section 6.12, or
Any pole, pylon, or structure expressly installed for the purpose of affixing a sign that bears no
sign or copy.
sign, Advertiser
Any person who is a lessee or owner of a sign, an agent of same, or anyone that has beneficial use of a
sign.
Sign, Advertising Display Area
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Article 10: Definitions 106
Section 10.1: Definitions
Study Area, °affic Impact
The area in which a traffic impact analysis will be made and extending approximately one half mile along
roadways adjacent to a development project and in both directions from all access points or to a major
intersection along these roadways.
subdivider
Any person or persons, firm or corporation subdividing land within the jurisdiction of this Ordinance.
Subdivision
All divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the
purpose of sale or building development (whether immediate or future) and includes all division of land
involving the dedication of a new street or a change in existing streets.
Subdivision, Exempt
a) The combination or recombination of portions of previously subdivided and recorded lots if the
total number of lots is not increased and the resultant lots are equal to or exceed the standards of
the County, including private road justification standards, as detailed within this Ordinance.
b) The division of land into parcels greater than 10 acres if no street right-of-way dedication is
involved.
c) The public acquisition by purchase of strips of land for widening or opening streets.
d) The division of a tract in single ownership of the entire area of which is no greater than two acres
into not more than three lots, if no street right-of-way dedication is involved and if the resultant
lots are equal to or exceed the standards of the County as shown by its subdivision regulations.
Subdivision, Major
Any 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.
Substantial damage
Damage of any origin sustained by a structure during any one year period whereby the cost of restoring
the structure to its before-damaged condition would equal or exceed 50% of the market value of the
structure before the damage occurred. See definition of"substantial improvement." Substantial damage
also means flood-related damage sustained by a structure on two separate occasions during a ten-year
period for which the cost of repairs at the time of each such flood event, on the average, equals or
exceeds 25% of the market value of the structure before the damage occurred.
substantial improvement
Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure,
taking place during any one year period whereby the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement. This term includes structures,
which have incurred substantial damage, regardless of the actual repair work performed. The term does
not, however, include either any correction of existing violations of State or Orange County health,
sanitary, or safety code specifications which have been identified by the Orange County code
enforcement official and which are the minimum necessary to assure safe living conditions, or any
alteration of a historic structure provided that the alteration will not preclude the structure's continued
designation as a historic structure.
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