HomeMy WebLinkAboutORD-2018-022 UDO Text Amendments – SubdivisionsOrdinance # ORD- 2018 -022
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County has initiated amendments to its Unified Development Ordinance
(UDO) to modify existing regulations governing the processing of subdivision applications, and
Whereas, Session Law Session Law 2017 -10 modified the review of subdivision proposals
by local governments by creating a new category of exempt subdivision allowing for the creation
of lots through a will to settle an estate and limiting local governments to only being able to
require a final plat for recordation for a division of land in single ownership meeting specific
criteria, and
Whereas, staff has proposed the amendment to the UDO incorporating these recent
changes in order to ensure consistency with State law, and
Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have
been deemed complete, and
Whereas, the Orange County Planning Board has recommended approval of the proposed
text amendments, and
Whereas, the County has held the required public hearing and has found the proposed
text amendments are consistent with the goals and policies of the adopted Comprehensive
Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective upon its adoption.
Upon motiorr0 ommissioner , seconded by Commissioner
the foregoing ordinance was adopted this day of
2018.
I, Don S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a
i
meeting held on , 2018 as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of the said Board.
WITNESS m clagcl the seal of said County, this day of , 2018.
17 � a���
Sa
Clerk to the Board of Commissioners
UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations associated
with the processing of subdivisions to address recent changes in State law.
• Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO
• Red St- -ik-et , eug Tex4: Denotes existing text that staff is proposing to delete
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large "X" through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes from
previous sections `spill over' onto the included page. Text with a large "X" is not proposed for
deletion.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text /sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http: / /www.oranizecountync.gov /departments /planning and inspections /ordinances.php
Article 2: Procedures
Section 2.14: Minor Subdivisions
(C) If the Planning Director osed land divisutes a
subdivision s all be informed o su required to
mit the appropriate Subdivision application.
SECTION 2.14: MINOR SUBDIVISIONS i
2.14.1 Review and Decision Processes and Flow Charts
Review and approval of Mi
S vision applicatio shall
adhere a pro s detailed
herein. The icant shall
demons a comp e with the
de pment standards c ained
Article 7 of this Ordinance.
2.14.2 Tvoes of Review'
(A) Traditional Review
Minor subdivisions that do
not qualify for Expedited
Review under Section
7.2.2 of this Ordinance,
shall adhere to the
traditional review process
comprised of a Concept
Plan and Final Plat
Application.
B) Expedited Review
Subdivisions qualifying for
Expedited Review under
Section 7.2.2 of this
Ordinance shall require
only an application and plat
for recordation.
2.14.3 Expedited Review
(A) Review and Action
(1) The Planning
Director shall
determine if the
Plat and
application
conform with the
requirements of
Section 7.2.2 of
this Ordinance.
_ A completed
application shall be
entered into the
permit record.
Minor
Subdivisions Pre - application Meeting submittal
Traditional of Concept Plan Application
Review
Review of Concept Plan Application by Orange
County Development Advisory Committee
Neighborhood Information Meeting
(Flexible Development with more than 5 lots)
Initiation of Final Plat Application Process
Issuance of Completion of Completion of
Septic & Well Required Final Plat
Improvement Improvements Application &
Permits (road, drainage, Survey
etc.)
Installation of Issuance of
Required CAPS by
Landscaping School Board
T_____1 - r__ I _j
Submittal of Final Plat
Application
Recordation of Plat and
Development Agreement at
Orange County Register of Deeds
1 The County's Attorney office is recommending splitting out references to 'traditional minor subdivision' and
'expedited subdivision' reviews. Proposed language is taken verbatim from the Attorney's suggestion(s).
Orange County, North Carolina — Unified Development Ordinance Page 2 -45
31 The Plannin
Director shall make
a final
determination on
the approval or
denial of the
application within
five business days
from the submittal
of the application.
41 If the application is
approved, the
Planning_ Director
shall notify the
applicant.
Article 2: Procedures
Section 2.14: Minor Subdivisions
Minor Subdivisions
- Expedited Review
Submittal of Expedited Review
Application & Plat
Recordation of Plat at Orange
County Register of Deeds
(5) If the application is denied the Planning Director shall issue a letter to the
applicant detailing the reasons for denial and identifying modifications necessary
for potential approval.
(B) Action Subsequent to Approval
The Planning Director shall sign the plat and accompany the applicant to the
Office of the Register of Deeds for recording.
2.14.22.14.4 Concept Plan
The applicant shall prepare a sketch plan of the proposed subdivision and sc/eatn
a ointment with the Planning Department for initial review and consultation. itial
mee g the Planning Department shall advise th e subdivider or his /her authothe
regulate s pertaining to the proposed subdivision, of any obvious changes rr to
comply wi the provisions of this Ordinance, and the procedures to be followration
and submissi of the Concept Plan.
(A) Applicatio Requirements
(1) Applica i ns shall be submitted on forms provided y the Planning Department in
accordanc ith Section 2.2 of this Ordinance.
(2) Applications sh include:
(a) Two copies the scaled Con pt Plan, drawn to the specifications
outlined in Sect 7.14.1.
(b) A vicinity map shows a location of the subdivision in relation to the
existing street or hi w system.
(c) A soils classifi ion map for e property.
(d) A topogra y map of the property.
(e) A ma showing any environmentally s sitive areas on the property (i.e.
str ms, wetlands, special flood hazard a s, zoning overlay districts,
nservation easements, etc.).
/Neighbporhoold For Minor Subdivisions utilizing the Flexible Deve ment Option, a Plan
illustrating proposed lots for residential use and Com n Open Space
(Primary and Secondary) as well as the treatment of pas i e and active
open space areas (e.g., natural /undisturbed areas, trails, re ational
amenities).
(B Information Meeting for Minor Subdivisions utilizing the Flexibl
Develoment Option with more than 5 lots
Orange County, North Carolina — Unified Development Ordinance Page 2 -46
Article 2: Procedures
Section 2.14: Minor Subdivisions
(1) Upon acceptance of a Concept Plan application, the Planning Director all
schedule a Neighborhood Information Meeting (NIM) and mail notice of the
meeting to each owner of property within one thousand feet of the operty
proposed to be subdivided.
(2) Notices of the NIM shall be mailed by first class mail at least to days prior to the
date of the meeting.
(3 The Planning Director shall place a sign on the affected pr erty indicating the
total number of lots proposed, the date, time, and locatio of the NIM; and the
Planning Department telephone number. The sign shal a posted on the
ected property at least seven days prior to the NIM he NIM shall be held a
pri to Final Plat Application submittal.
(4) At the IM, the applicant shall be available to an er questions about the
propose subdivision, and to receive comment from neighboring property
owners fo he purpose of improving the prop sed subdivision design.
(5) The Planning irector shall explain the su ivision approval process and
neighboring pro erty owners may speak ith regard to specific concerns and /or
issues.
(C) Review and Action
(1) The Planning Departme t shall re iew the Concept Plan for general compliance
with the requirements of t is Or nance.
(2) A completed Concept Plan a lication shall be entered into the permit record and
placed on the agenda of th ne available meeting of the Development Advisory
Committee (DAC).
(3) The DAC shall review t e Concept n for general compliance with established
Subdivision develop nt standards de iled in Article 7 of this Ordinance as well
as compliance with ther applicable loca nd State regulations.
(a) The revi shall include determinin the presence of any sites identified
in "An ventory of Sites of Cultural, toric, Recreational, Biological and
Geol ical Significance in the Unincorp ated Portions of Orange
Co ty" and "Inventory of the Natural Are and Wildlife Habitats of
O nge County, North Carolina ".
(4) The D shall make a recommendation to the Plannin irector regarding the
appli tion no later than five business days after the DAC eeting.
(5) Th Planning Director shall make a final determination on th pproval or denial
the application within five business days from the submittal o the DAC
ecommendation.
(6) If the application is approved, the Planning Director shall issue a lett of
approval authorizing the applicant to begin the process of developing a Final
Plat application package. The Concept Plan shall for valid for one year m the
date of approval.
(7) If the application is denied, the Planning Director shall issue a letter to the
applicant detailing the reasons for denial and identifying modifications necessa
for potential approval.
2.14.5 Final Plat
-4jpaa-a9SrovaI of the Concept Plan by the Planning Director, the subdivider may proceed ' the
preparation o lat.
(A) Application Requirements
(1) A s all be submitted on forms provided by Department in
accordance with Section 2.2 of this Ordinance.
Orange County, North Carolina — Unified Development Ordinance Page 2 -47
ARTICLE 7: SUBDIVISIONS
7.1.1 Phrpose
(A) The purpose of this Article is to guide and regulate the subdivision of la within Orange
ounty, for sale or building development, in order to:
(1 Ensure the public health, safety, and welfare;
(2) Provide for the sound use of land;
(3) sure adequate planning of street systems;
(4) Avoi overcrowding of land;
(5) Preve fire, panic, and other dangers;
(6) Ensure th water and sewage systems ar safe and adequate;
(7) Prevent floo amage;
(8) Facilitate an or ly use of land;
(9) Ensure the proper al descripti and monumenting of subdivided land; and
(10) Encourage the proper anag ent of Orange County's natural resources.
(B) It is the expressed purpose of this icle to provide for, in addition to the above, the
protection of water resources in a e County, through the use, alone or in
combination, of buffer zones, v ing t sizes, slope restrictions, vegetation, or other
equally effective techniques. novative chniques on the part of the developer are
encouraged where these t hniques can shown to be as effective as the specific
requirements of the Artic .
7.1.2 Jurisdiction and ApplicabilKy
(A) In accordance wi the North Carolina General Stat es, no person may subdivide their
land within the anning jurisdiction of Orange County xcept in accordance with the
/mplriance ns of is Ordinance.
div' ion shall be recognized by the Planning Depart ent until a final plat of the
is� n has been approved and signed by the Planning ' ector and recorded in the
County Register of Deeds Office, including the recorda ' n of any additional
entation required by this Ordinance.
vided in North Carolina General Statutes, the Orange County eview Officer shall
tify a plat of any subdivision within the County's subdivision juris iction unless the
s been approved in accordance with the provisions of this Ordina e.
7.1.3 ith Plans and Other Applicable Regulations
All subdivisions sha ll comply with applicable general provisions, standards, and policie\tlli, within this Ordinance and the Orange County Comprehensive Plan, as well as with any planning studies, small area plans, corridor plans, or special planning studies approved
adopted by the Board of County Commissioners.
RA III • • • -.1 A •
Subdivisions shall be classified as Exempt, Minor, or Major, in accordance with the provisions of this
Section. Review procedures for all subdivisions are contained in Article 2.
Orange County, North Carolina - Unified Development Ordinance Page 7 -1
Article 7: Subdivisions
Section 7.2: Classification of Subdivisions
7.2.1 Exempt Subdivisions
In accordance with North Carolina General Statutes, the following activities do not
stitute a subdivision and are expressly exempt from established review Zan�ce d roval
rod s, provided that the property's exempt status is confirmed in acc ith
th e proce s detailed in Article 2:
(1) The combs 'on or recombination of portions of prev' sly subdivided and
recorded lots if total number of lots is not inc sed and the resultant lots are
equal to or exceed th andards of the Co , including private road
justification standards, as sled wit is Ordinance.
(2) The division of land into parcel r r than ten acres if no street right -of -way
dedication is involved.
(3) The public acquisi ' by purchase of strips of la or widening or opening
streets.
(4) The d' ' ion of a tract in single ownership of the entire area o ch is no greater
t two acres into not more than three lots, if no street rig ht -of -wa dication is
involved and if the resultant lots are equal to or exceed the standards of
County as detailed within this Ordinance.
(5) The division of a tract into parcels in accordance with the terms of a probated will
or in accordance with intestate succession under Chapter 29 of the General
Statutes.2
(B) Exempt subdivision shall be required to meet all applicable requirements for the granting
of zoning and building permits.
7.2.2 Minor Subdivisions
(A)_ �A subdivision shall be classified as "minor" if it does not :3
(A4LI _Create more than:
(4y.� , Five lots, including the residual acreage, following the Conventional
subdivision design model; or
M(b) Twelve lots, including the residual acreage, following the Flexible
Development subdivision design model, from any one tract of land in any
ten year period;
(E}L2L_Dedicate or improve any new public street other than widening an existing public
street;
(G��_Extend public water and /or sanitary sewerage systems other than laterals to
serve individual lots; and
(D}L4L_Necessitate the installation of drainage improvements which would require
easements through one or more lots to serve other lots.
(B) A subdivision shall be classified as "expedited" for divisions of a tract or parcel of land in
single ownership meeting all of the following criteria:
(1) The tract or parcel to be divided is not exempt under the provisions of the
Ordinance,
Z Session Law 2017 -10 created a new category of 'exempt subdivision' to include a division of property resulting
from a probated will. Staff is incorporating this new language to ensure consistency with State law.
3 The format of existing regulations is being modified to accommodate necessary changes to the section and
ensure consistency.
4 Session Law 2017 -10 limits local governments to requiring a final plat for certain divisions of property. Staff is
modifying the UDO to include this provision and applicable criteria to ensure consistency with State law.
Orange County, North Carolina — Unified Development Ordinance Page 7 -2
Article 7: Subdivisions
Section 7.3: Phasing of Subdivisions
21 No part of the tract or parcel to be divided has been divided within the past 10
years from the date of application submittal,
(3) The entire area of the tract or parcel to be divided is greater than five acres,
(4) No more than 3 lots result from the division,
(5) All resultant lots comply with the following:
(a) Lot dimension and size requirements of applicable land use regulations,5
,(b) The use of the lot(s) is in conformity with applicable zoning requirements,
and
(c) A permanent means of ingress and egress is recorded for each lot.
.2.3 Maior Subdivisions
(A) A major subdivision is any subdivision that is not an Exempt or Minor subdivis n, as
classified in subsections 7.2.1 and 7.2.2. Major subdivisions are further cla ified as
\ follows:
(1) Major Subdivision, Standard
All subdivisions not classified as an Exempt Subdivision; inor Subdivision;
Major Subdivision, Class A Special Use; or Major Sub ' ision, Conditional Use.
(2) ajor Subdivision, Class A Special Use, Rural esignated
A t ct of land in a Rural Designated area on t Growth Management System
map t t is proposed for a subdivision of 21 0 lots.
(3) Major Su ivision, Class A Special U , Urban Designated
A tract of Ian ' an Urban Designat area on the Growth Management System
map that is prop ed for a subdivJ ion of 21 -79 lots.
(4) Major Subdivision, onditio al Use, Rural Designated
A tract of land in a Rural signated area on the Growth Management System
map that is proposed fo a bdivision of 41 or more lots.
(5) Major Subdivision ondition Use, Urban Designated
A tract of land i an Urban Designa d area on the Growth Management System
map that is p posed for a subdivision f 80 or more lots.
(B) For the purpose determining whether a subdivis n is a Major Subdivision, Class A
Special Use ( ral Designated or Urban Designated), r a Major Subdivision, Conditional
Use District Ural Designated or Urban Designated), th number of lots created shall be
determin by counting the cumulative number of lots crea d, through subdivisions, on a
tract or arcel of land as the boundaries of said tract or parce f land existed in the Land
Rec ds of Orange County as of November 5, 2003.
A major suVvision may be developed in phases, provided that:
Each phase contains at least five lots, unless depicted,on a phasing plan app ved by the
Board of County Commissioners as part of the preliminary subdivision plat with
express determination that the proposed phasing makes it unlikely that a subdivide
5 Staff interprets this to include density requirements based on a parcels location within a Watershed Protection
Overlay District.
Orange County, North Carolina m Unified Development Ordinance Page 7 -3