HomeMy WebLinkAboutORC agenda 010913ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
AGENDA
ORANGE COUNTY PLANNING BOARD
ORANGE COUNTY WEST CAMPUS OFFICE BUILDING
131 WEST MARGARET LANE – LOWER LEVEL CONFERENCE ROOM (ROOM #004)
HILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, January 9, 2013
Ordinance Review Committee Meeting – 6:30 pm
Note: This is a meeting of the Ordinance Review Committee (ORC) for Planning Board members
who would like to review and comment on the proposed amendments before the items are placed
on the next Quarterly Public Hearing agenda. Attendance is not mandatory and a quorum is not
necessary for meetings of the ORC.
No. Page(s) Agenda Item
1. CALL TO ORDER
2. UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS -
STORMWATER
To review and comment upon proposed revisions to the UDO to
modify existing language requiring the submittal of formal stormwater
plans as part of subdivision and development applications.
Presenter: Michael Harvey, Current Planning Supervisor
3. ADJOURNMENT
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 9, 2013
Action Agenda
Item No.
SUBJECT: Review of Proposed UDO Text Amendment – Site Plan Submittal for Projects
Requiring Stormwater Review
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance Amendment
Outline Form (Zoning 2012-016)
2. Proposed Text Amendments
Michael D. Harvey, Planner III 245-2597
Craig Benedict, Director 245-2575
PURPOSE: To review and comment upon Planning Director initiated UDO text amendment
concerning submission of formal site plans for projects requiring stormwater plan approval.
Attachment 1 contains the approved Comprehensive Plan and Unified Development Ordinance
Amendment Outline Form (Zoning 2012-016). Attachment 2 contains the proposed text
amendment language.
BACKGROUND: On April 17, 2012 the BOCC approved a UDO amendment package
incorporating recent stormwater management and nutrient reduction strategies implemented by the
State. This included the establishment of land disturbance thresholds for both residential and non-
residential projects requiring submittal of formal, engineered, stormwater plans.
Please refer to Section B.1 of Attachment 1 for additional information on these thresholds.
Problems arise in those instances where a project’s proposed overall land disturbance requires the
submission of a formal stormwater management plan. Staff does not want there to be conflicting
information provided to the public as to when a formal site plan is required nor do we want the staff of
Current Planning and Erosion Control to potentially be looking at 2 different sets of plans proposing the
development of a given property.
The intent of this amendment is to incorporate established thresholds into existing language within the
UDO requiring formal site plan preparation and submittal by an applicant when said thresholds are
exceeded. By modifying existing language we hope to eliminate unnecessary cost for the applicant,
with respect to the completion of multiple site plans required for each division, and provide sufficient
detail to local residents and developers on when formal site plan preparation is necessary.
Staff is also proposing to include language requiring the development of formal stormwater plans,
consistent with established land disturbance thresholds, for minor and major subdivisions. Both Current
Planning and Erosion Control staff agree potential problems can be eliminated if there is a formal
stormwater management plan approved during the subdivision (i.e. minor and major) review and
approval process.
County staff peer review of the proposed amendments is on-going.
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At its November 8, 2012 regular meeting, the BOCC voted unanimously to authorize staff to proceed
with the proposed amendment. Per the BOCC staff will be making a presentation to the Commission
for the Environment in January of 2013 seeking its input on the proposed amendment.
FINANCIAL IMPACT: While these proposed amendments are merely designed to incorporate
necessary references with respect to complying with established thresholds, and requiring the
submission of formal site plans in the event a stormwater management plan is required, staff had
previously identified compliance with these new State required standards will impose additional
costs for development projects and require additional staff resources.
Workload for Current Planning and Erosion Control staff to review and approve stormwater
management plans required by the rules is expected to increase. Workload for staff with respect to
the inspection of stormwater management features is also expected to increase. This may
necessitate an increase in fees charged to developers.
As reported at the February 27, 2012 Quarterly Public Hearing, it is expected that enforcement of
the new regulations will require, at a minimum, up to one additional full time employee for Erosion
Control with an approximate cost of $65,000. Staff is continuing to evaluate workload and needs
as the process moves forward.
RECOMMENDATION: The Planning Staff recommends the Ordinance Review Committee review
and comment upon the proposed amendments to the UDO.
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COMPREHENSIVE PLAN/ FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENTOUTLINE
UDO / Zoning-2012-016
Amendment(s) requiring submittal of formal site plans and stormwater management
plans for residential and non-residential projects
A. AMENDMENT TYPE
Map Amendments
Land Use Element Map:
From: ---
To: ---
Zoning Map:
From:- --
To:---
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): 1. Section 2.4.1 Zoning Compliance Permits – Applicability
2. Section 2.5.3 Plan Specifications
3. Section 7.6.3 Land Suitability
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Attachment 1 3
2
Development Ordinance Amendments of the UDO, the Planning Director has
initiated a text amendment to modify existing language requiring the submittal of
formal stormwater plans as part of subdivision and development applications.
The State recently implemented stormwater management and nutrient reduction
strategies. As part of these strategies, the County recently modified existing regulations
mandating the preparation and submittal of formal, engineered, stormwater management
plans as part of any development project where proposed land disturbance reached the
following thresholds:
Watershed/River Basin Stormwater – Non-
residential
Stormwater – Residential
Cape Fear (includes the
Back Creek, Haw River,
Cane Creek, Jordan Lake,
and University Lake
protected and critical
watershed overlay districts
as well as those properties
within the basin not located
in a watershed overlay
district)
Projects proposing over
21,780 square feet of
disturbance are required to
submit a stormwater
management plan
Projects proposing over
43,560 square feet of
disturbance are required to
submit a stormwater
management plan
Neuse (includes Flat River,
Little River, Upper and
Lower Eno protected and
critical watershed overlay
districts as well as those
properties within the basin
not located in a watershed
overlay district)
Projects proposing over
12,000 square feet of
disturbance are required to
submit a stormwater
management plan
Projects proposing over
21,780 square feet of
disturbance are required to
submit a stormwater
management plan
Roanoke (includes South
Hyco Creek protected
watershed overlay district)
Projects proposing over
20,000 square feet of
disturbance are required to
submit a stormwater
management plan
Projects proposing over
43,560 square feet of
disturbance are required to
submit a stormwater
management plan
These changes were incorporated into the UDO on April 17, 2012.
This proposed amendment is designed to:
1. Require formally prepared site plans for those projects exceeding established
stormwater disturbance thresholds for residential projects.
Submittal of formal site plans is already required for all non-residential projects
regardless of the proposed land disturbance activity.
2. Incorporate references within various locations of the UDO identifying which
land development projects need to comply with these standards in an effort to
4
3
eliminate confusion and provide definitive application submittal standards.
3. Analysis
As required under Section 2.8.5 of the Orange County Unified Development
Ordinance, the Planning Director is required to: ‘cause an analysis to be made of the
application and, based upon that analysis, prepare a recommendation for
consideration by the Planning Board and the Board of County Commissioners’.
The required analysis will be completed before the public hearing and will be
part of the quarterly public hearing materials.
4. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
This amendment is designed to provide additional references to existing
development standards already contained within the UDO.
5. New Statutes and Rules
This amendment is designed to reference compliance with recently adopted
modifications to the UDO related to stormwater management and nutrient reduction
standards consistent with the following State regulations:
• 15A NCAC 2B. 0277 Falls Lake Stormwater New Development Rule
• 15A NCAC 2B. 0265 and Session Law 2009-484 Jordan Lake Stormwater
New Development Rules
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
November 8, 2012. The BOCC voted unanimously to authorize staff to proceed
with the amendment. Board members also requested staff present the proposed
amendment to the Commission for the Environment for its input. Staff is slated to
present this item to the Commission at the January 14, 2013 regular meeting.
b. Quarterly Public Hearing
February 25, 2013
c. BOCC Updates/Checkpoints
January 9, 2013 - BOCC members receive materials to be reviewed by the
Planning Board’s Ordinance Advisory Committee (ORC) as part of the
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4
Planning Board materials distributed to all BOCC members each month
February 5, 2013 – Approval of legal ad
May 7, 2013 - Receive Planning Board recommendation
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
January 9, 2013 – Ordinance Review Committee (ORC).
March 6, 2013 – April 3, 2013 (recommendation)
b. Advisory Boards:
Commission for the Environment –
January 14, 2013
c. Local Government Review:
Courtesy Review – Town(s) of Chapel
Hill, Carrboro, Hillsborough, City of
Mebane
d. Notice Requirements
Legal advertisement will be published on February 13 and 20, 2013.
e. Outreach:
3. FISCAL IMPACT
While these proposed amendments are merely designed to incorporate necessary
references with respect to complying with established thresholds, and requiring the
submission of formal site plans in the event a stormwater management plan is
required, staff had previously identified compliance with these new State required
standards will impose additional costs for development projects and require
additional staff resources.
Workload for Current Planning and Erosion Control staff to review and approve
General Public:
Small Area Plan Workgroup:
Other:
6
5
stormwater management plans required by the rules is expected to increase.
Workload for staff with respect to the inspection of stormwater management features
is also expected to increase. This may necessitate an increase in fees charged to
developers.
As reported at the February 27, 2012 Quarterly Public Hearing, it is expected that
enforcement of the new regulations will require, at a minimum, up to one additional
full time employee for Erosion Control with an approximate cost of $65,000.
Staff is continuing to evaluate workload and needs as the process moves forward.
D. AMENDMENT IMPLICATIONS
The amendments are in response to recent modifications to the UDO relating to
compliance with stormwater and nutrient management requirements and staff’s desire to
ensure proper reference for compliance with these aforementioned new standards.
As previously indicated by staff, compliance with these required standards is expected to
increase the cost of development and increase staff workload.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
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Article 2: Procedures
Section 2.4: Zoning Compliance Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-7
(D) Amendments initiated by Orange County shall not be subject to time limitations other
than those specified by the Board of County Commissioners during the public hearing
process.
(E) Evidence not presented at the public hearing may be submitted in writing to the Planning
Board for consideration prior to the Planning Board’s recommendation to the Board of
County Commissioners. The Planning Board may consider additional oral evidence only
if it is for the purpose of presenting information also submitted in writing.
2.3.11 Action by Board of County Commissioners
(A) The Board of County Commissioners shall not consider enactment of the proposed
amendment until the Planning Board either makes its recommendation or takes no action
on the application as prescribed in this section.
(B) In making its decision, the Board of Commissioners shall consider all relevant evidence
presented at the public hearing and any submitted written evidence that was considered
by the Planning Board in making its recommendation.
(C) The Board of Commissioners, upon receipt of a recommended Comprehensive Plan or
portion thereof from the Planning Board, shall consider such recommendations and adopt
them by resolution, either unchanged or with modifications.
SECTION 2.4: ZONING COMPLIANCE PERMITS
2.4.1 Applicability
(A) As required by this Ordinance, a Zoning Compliance Permit must be issued before any
new site development, building, structure, or vehicular use area may be erected,
constructed or used.
(B) Submittal and approval of a site plan (see Section 2.5) is required for issuance of a
Zoning Compliance Permit except for:
(1) Single-family detached dwellings and duplexes, and accessory structures to
those residential uses; provided, however, when such uses are located in
thedeveloped on property located outside of the Upper Eno Critical, University
Lake and Cane Creek Protected and Critical Watershed Protection Overlay
Districts. In these instances a Plot Plan, as detailed within Section 2.4.3 of this
Ordinance, shall be required., site plan approval shall be required.1
(a) Single-family detached dwellings and duplexes outside of the University
Lake Watershed Protection Overlay District and accessory structures to
those residential uses shall be required to submit a Plot Plan (see
Section 2.4.3 for Plot Plan specifications).
In those instances where the proposed level of land disturbance exceeds
established thresholds detailed within Section 6.14.5 of the Ordinance a formal
site plan, prepared in accordance with Section 2.5, shall be required for submittal
and approval regardless of the proposed land use or Watershed Protection
Overlay District designation of the subject property.2
1 The existing wording of the UDO has created confusion in the past over when a site plan is required. We have
streamlined existing language in an attempt to eliminate confusion and specifically spell out when a plot plan versus
a site plan is actually required. Staff is also proposing to add language requiring formal site plans in other
Watershed Protection Overlay Districts having similar characteristics to the University Lake Protected and Critical
Watershed Protection Overlay Districts in order to establish greater uniformity within the Ordinance.
2 There is an existing disconnect between permit submittal requirements for a Zoning Compliance Permit and a
Stormwater management plan. Staff of Current Planning and Erosion Control could, essentially, be looking at 2
different proposals as there is not an appropriate reference to the stormwater permitting requirement in this section
of the UDO. There is also a disconnect with respect to the required level of site plan detail (i.e. professionally
prepared versus scaled plot plan) to obtain a land disturbing permit. Staff is proposing to add language requiring a
8
Article 2: Procedures
Section 2.4: Zoning Compliance Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-8
(2) Interior renovation or repair of an existing structure, provided the use of the lot
and/or structure has not changed.
(C) Issuance of a Zoning Compliance Permit is required prior to beginning the excavation for
the construction, moving, alteration, or repair, except ordinary repairs, of any building or
other structure, including an accessory structure. The Zoning Compliance Permit shall
include a determination that plans, specifications and the intended use of the structure
conforms to the provisions of this Ordinance.
(D) Issuance of a Zoning Compliance Permit is required to change the type of use or type of
occupancy of any building, or to expand any use on any lot on which there is a non-
conforming use. The Zoning Compliance Permit shall include a determination that the
proposed use conforms to the provisions of this Ordinance.
2.4.2 Requirements and Conditions
(A) In cases where the development and/or commencement of a land use requires the
issuance of a Special Use or a Conditional Use Permit, a Zoning Compliance Permit shall
not be issued until the aforementioned permit has been issued by the responsible board
in accordance with the review and approval procedures detailed herein.
(B) Issuance of a Special Use or Conditional Use Permit does not negate the requirement for
a Zoning Compliance Permit.
(C) Issuance of a Zoning Compliance Permit does not establish a vested right to begin and
complete construction or change the use/occupancy of a lot or building should
regulations change subsequent to issuance of said permit.
(D) Application for Zoning Compliance Permit shall specify the method of disposal of trees,
limbs, stumps and construction debris associated with the permitted activity. Open
burning of trees, limbs, stumps, and/or construction debris associated with the permitted
activity is expressly prohibited.
(E) No building, structure, or zoning lot for which a Zoning Compliance Permit has been
issued shall be used or occupied until the Building Inspector has, after final inspection,
issued a Certificate of Occupancy indicating compliance with all the provisions of this
Ordinance.
(F) No building, structure, or zoning lot for which a Zoning Compliance Permit has been
issued shall be used or occupied until the Orange County Health Department has
approved the water supply and sewage disposal systems serving that use.
(G) Issuance of a Certificate of Occupancy by the Building Official or the approval of a water
supply and sewage disposal system by the Health Department shall in no case be
construed as waiving any provision of this Ordinance.
(H) Zoning Compliance Permits shall become null and void after 18 months from the date of
issuance if a building permit is not applied for or land disturbing activities are not
commenced in accordance with the provisions of this Ordinance.
2.4.3 Plot Plan Specifications
(A) For development types requiring a plot plan rather than a site plan, the plot plan shall
contain the following:
(1) A scaled drawing denoting the length of all property lines,
formal site plan, completed by a land surveyor or engineer, in all instances where proposed land disturbance
thresholds require the development of a formal stormwater plan. The hope here is we will avoid the duplication of
submittal information and ensure all County review agencies are utilizing and reviewing the same development
proposal to avoid unnecessary confusion and error.
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Article 2: Procedures
Section 2.5: Site Plan Review
Orange County, North Carolina – Unified Development Ordinance Page 2-9
(2) A north arrow denoting the orientation of the lot and all proposed structures,
(3) The location of the proposed structure(s) and distances from all property lines,
(4) The location of the proposed driveway,
(5) The location of the proposed septic system and proposed drain lines on the
property,
(6) The location of the proposed well,
and
(7) The location of any protected
features on the property (i.e.
stream buffers, flood plain,
wetlands, etc).
(B) Base plot plans are available from the
Planning Department and can be printed
for a fee in accordance with the
established fee schedule. Applicants may
also use other sources of base plot plans
provided the requirements of this Section
are met.
(1) Planning staff is available to
discuss compliance matters but
shall not complete plot plans.
SECTION 2.5: SITE PLAN REVIEW
2.5.1 Review and Approval Flow Chart
The review and approval process for a Site Plan is
shown in the procedure’s flowchart.
2.5.2 Application Requirements
(A) Each site plan shall be prepared and
sealed by an appropriately licensed
professional with the following exceptions:
(1) Proposed additions to existing permitted non-residential structures where the use
of the structure and lot has not changed and the floor area is not increased more
than 25%.
(2) Accessory structures to existing permitted non-residential structures where
vehicular use area is not extended and changes to existing grade are not more
than one foot in elevation.
(3) Single-family detached dwellings and duplexes, and accessory structures to such
uses. 3
(4)(3) Large day care homes, as defined in Article 10, Definitions.
(5)(4) Rural Guest Establishments with three guestrooms or less - Bed & Breakfasts.
(B) The applicant shall submit to the Planning and Inspections Department:
3 Staff is eliminating contradictory language within this section of the UDO.
Planning Director Review and Final
Decision: Approval, Approval with
Conditions, or Denial [1]
[1] If Plan is approved with conditions, no
zoning permit authorization or building
permit issued until conditions satisfied
Completed Application
Distributed to Applicable
Agencies, Development Advisory
Committee, and Other
Departments for Review
Planning Director Review and Final
Decision: Approval, Approval with
Conditions, or Denial
Determination of Completeness
By Planning Director
Site Plan
Application
Submittal
10
Article 2: Procedures
Section 2.5: Site Plan Review
Orange County, North Carolina – Unified Development Ordinance Page 2-10
(1) Three copies of the site plan prepared in accordance with the provisions detailed
in this Section. Additional copies may be required depending on the nature and
location of the proposed development);.
(2) The completed site plan application form;
(3) A copy of the Orange County tax map with the subject property identified;
(4) Legal documentation, to be approved by the County Attorney, establishing
entities responsible for control over common areas and facilities.
(5) Three copies of the Environmental Assessment and/or Environmental Impact
Statement, if required under Section 6.16 of this Ordinance.
(6) A statement regarding the method of disposal of trees, limbs, stumps and
construction debris associated with the permitted activity. Open burning of trees,
limbs, stumps, and/or construction debris associated with the permitted activity is
expressly prohibited.
(C) Other items which should be submitted simultaneously, but are not required as part of the
site plan application are:
(1) Erosion control and grading plans as necessary to be approved by the Erosion
Control Officer for a grading permit,
(1)(2) Stormwater management plans as necessary to be approved by the Erosion
Control Officer prior to the issuance of a Zoning Compliance Permit, and
(2)(3) Building construction plans to be approved by the Building Official prior to
issuance of a building permit.
2.5.3 Plan Specifications
Each site plan shall be drawn at a scale adequate to show required detail and shall contain the
following information:
(A) The boundary of the lot(s) to be developed labeled with bearings and distances;
(B) The name, address, and phone number of the applicant and the property owner;
(C) Name of project, vicinity map, north arrow, scale, tax map reference number, date of plan
preparation, and subsequent revision dates;
(D) Zoning of the property to be developed and all adjacent zoning and existing adjacent land
uses;
(E) Adjacent right-of-way widths with road names and numbers;
(F) A development summary including total acres, proposed use(s), total building square
footage, required and proposed parking spaces.
(G) Demonstrated compliance with all applicable performance standards contained in Articles
3, 4, 5, and 6 of this Ordinance;
(H) Maximum and proposed impervious surface and required stream buffers as detailed in
Sections 4.2 and 6.12 of this Ordinance;
(I) Estimated traffic generated by the proposed development in trips per day. If the estimate
exceeds 800 trips per day, a traffic impact study must be submitted in accordance with
Section 6.17;
(J) Front, side, and rear building setbacks as required by Articles 3 and 5 of this Ordinance;
(K) Location of all proposed buildings and structures labeled with floor area, building height
and function, and proposed finished floor elevation;
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Article 7: Subdivisions
Section 7.5: Subdivision Agreements
Orange County, North Carolina – Unified Development Ordinance Page 7-7
(2) The estimated cost of the required improvements must be itemized and certified
by the applicant’s licensed professional engineer or licensed professional
surveyor, if the surveyor was the original preparer of the plans for the
subdivision.
(3) In the case of minor subdivisions, the subdivider’s licensed professional engineer
or licensed professional surveyor may provide the itemized cost estimate.
(4) Cost estimates must be based on industry norms within Orange County.
(5) The Planning Director or Planning Board may require a higher guarantee amount
when deemed necessary to address higher potential correction costs due to the
subdivision’s size and site characteristics, but in no event may the amount
exceed 25% of estimated construction costs.
(E) The guarantee shall have a term of two years and shall provide an option for annual
renewal if the subdivider/developer 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/developer 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.
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
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Article 7: Subdivisions
Section 7.6: General Design Standards
Orange County, North Carolina – Unified Development Ordinance Page 7-8
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 shall contain an additional 20,000 square feet to accommodate the septic easement.
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.
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Article 7: Subdivisions
Section 7.7: Lots
Orange County, North Carolina – Unified Development Ordinance Page 7-9
(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 stormwater management plan shall be required
as part of the application submittal.4
(F) Resource Protection
(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
special features 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 7.7: LOTS
7.7.1 Generally
All lots shall conform to all of the requirements of this Ordinance for the zoning district and any
overlay district in which they are located.
7.7.2 Shape and Orientation
(A) The shape and orientation of lots shall be appropriate to the location of the subdivision
and the development intended.
(B) Interior lot lines extending from a street should be approximately perpendicular or radial
to the street right of way line.
(C) Lot lines shall be located to permit efficient installation and maintenance of utility lines on
utility easements, to maximize buildable area, and, where applicable, to provide a
suitable area for septic systems.
4 Staff would prefer comprehensive stormwater management plans rather than multiple plans, multiple systems, on
individual lots that all have to be inspected by Erosion Control on a semi annual basis and maintained by individual
property owners. Through this process staff is hoping to encourage neighborhood wide stormwater management
plans to avoid unnecessary development and maintenance costs on individual property owners and encourage a
comprehensive approach to stormwater and nutrient management.
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