HomeMy WebLinkAboutAgenda - 05-29-2001-5cORANGE COUNTY
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BOARD OF COMMISSIONERS ~ ;,;, ,~
ORANGE COUNTY PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: May 29, 2001
Action Agenda
Item No. s c
SUBJECT: Amendments to Orange County Subdivision Regulations Concerning
Definitions and Approval Procedures for Minor Subdivisions
DEPARTMENT: Planning _ __ PUBLIC HEARING: Y/N YES
INFORMATION CONTACT:
ATTACHMENT(S): Craig Benedict, ext. 2592.
1. Ordinance Amending the Orange Cour~iy Karen Lincoln, ext. 2594
Subdivision Regulations
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Durham 688-7331
PURPOSE: To receive a6zen comment an proposed amendments to the Orange County Subdivision
Regulations Section II Defini~ons and Section III-C Approval Proo~lures for Minor Subdivision . Proposed
amendments will:
1. Clarify that resultant lots created in a manner exempt from subdivision regulations must
meet minimum lot sizes required for private road justification if served by a private road or
an access easement; and
2. Provide aone-year extension after expiration of a one-year time-period allowed for the
applicant to submit the mylar original of the Final Plat for endorsement by the Planning
Department after approval of a minor subdivision Final Plat.
BACKGROUND: The Orange County Baard of County Commissioners, on October 10,
2000, adopted amendments to the Qrange County Subdivision Regulations regarding private
roads. In its motion to approve the amendments, the board directed staff to address aone-
year extension for minor subdivision approval after aone-year expiration of final plat approval
by the Planning Department. Current subdivision regulations do not limit the amount of time
an applicant has to submit a minor subdivision final plat to the Planning Department far
endorsement. for recordation after the Planning Department has issued the letter of approval.
The proposed amendment to Section III-C Approval Procedures for Minor Subdivisions will
set aone-year time for the applicant to submit the mylar original of the final plat and provide,
upon the applicant's request, an additional one-year extension from the original expiration
date. The proposed amendment will set a time limit for. recordation of minor subdivision final
plats consistent with the time limits set on major subdivision approvals by the BOCC.
Lots created in a manner defined by N.C. General Statutes as an exception to the definition
of subdivision are exempt from local subdivision; however, resultant lots must equal or
exceed the regulations of the county as shown in its subdivision regulations. The proposed
amendment to the definition of "Subdivision" in Section II Definitions will reinforce private road
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justification given in Section IV-B-3d-1 as part of Orange County's subdivision standards.
The intent of the amendment is to eliminate the possibility that parcels may be recombined in
such a manner that would create lots at less than the minimum area required in the private
road justification section of the Subdivision Regulations.
FINANCIAL IMPACT: There is no immediate financial impact associated with this
decision item.
RECOMMENDATION(S): The Administration recommends that the Board refer the proposed
amendments to the Planning Board for a recommendation to be returned to the Board of
Commissioners by June 19, 2D01.
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AN ORDINANCE AMENDING
THE ORANGE COUNTY SUBDIVISION REGULATIONS
SECTION II DEFINITIONS AND
SECTION III-C APPROVAL PROCEDURES FOR MINOR SUBDIVISION
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THE 80ARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS THAT THE SUBDIVISION
REGULATIONS ARE HEREBY AMENDED AS FOLLOWS:
(Bold print indicates language to be added. Sri'-~+'~~^~ ~^'~ print indicates language to
be deleted.)
Section numbers in this document refer only to this document, and do not agree with
regulation section numbers.
SECTION 1: CLARIFY THE DEFINITION OF RESULTANT LOTS IN THE SUBDIVISION REGULATIONS TO
INCLUDE MINIMUM LOT SIZES FOR ALL LOTS SERVED BY A PRIVATE ROAD OR .AN ACCESS
EASEMENT. TWE DEFINITION OF SUBDIVISION IN ORANGE COUNTY SUBDlVISlON REGULATIONS,
SECTION II DEFINITIONS, IS AMENDED TO READ AS FOLLOWS:
SUBDIVISION Subdivision means 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, provided, however, the following are not included
within the definition and are not subject to any regulations pursuant to
this part:
(1) 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 as shown in its Subdivision Regulations
including private road justification standards given in Section
IV-B-3-d-1.
Resultant lots, as referred to herein shall be deemed to equal
standards of the Orange County Subdivision Regulations if the
following standards are met:
a. No conforming lot standard becomes non-conforming as a
result of the recombination; and
b. Any applicable impervious surface standards are met; and
c. Access is provided to a public road, either direct, or by
recorded easement; and
d. A site suitable far sewage disposal is approved by the
Orange County Health Department. Where soil is unsuitable
for sewage disposal, or soil suitability is undetermined, a
notice of restricted development potential shall be submitted
and the lot(s) in question shall be so noted on the plat; and
e. No increase in the number of access points to a public street
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over the number currently existing; and
f. Access is not shifted from a lower classified/volume street to
a higher classified/volume street.
{2) The division of land into parcels greater than 10 acres if no street
right=of-way dedication is involved.
(3) The public acquisition by purchase of strips of land for widening or
opening streets.
(4) 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.
The surveyor and/or Planning Department shall also certify on the plat as
required by GS 47-30(f)(11).
SECTION 2: AMEND THE MINOR SUBDIVISION APPROVAL PROCEDURE TO LIMIT THE TIME IN WHICH
THE MYLAR FOR AN APPROVED PLAT MAY BE SUBMITTED FOR PLANNING DEPARTMENT
ENDORSEMENT. ORANGE COUNTY SUBDIVISION REGUL4TIDN$, SECTION III-C APPROVAL
PROCEDURES FOR MINOR SUBDIVISION, IS AMENDED BY ADDING THE FOLLOWING PARAGRAPH TO
THE BEGINNING OF SECTION III-C-4 ACTION SUBSEQUENT TO APPROVAL:
III-C-4. Action Subsequent to Approval
From the date of approval of a Final Plat, with or without conditions, by the
Planning Department, the applicant shall have one (1) year in which #o submit to
the Planning Department for endorsement a reproducible mylar original of the
Final Plat. The Planning Director or his/her authorized agent may grant, upon
written request from the applicant, an extension of this time limit to one-year from
the original date of expiration.
The Planning Director ar his/her designated representative shall endorse approval on a
reproducible mylar original of the Final Plat if the Planning Department approves an
application either with or without conditions. The applicant shall record such plat and any
associated documents necessary to assure conformance with regulations in the OfFicer of
the Register of Deeds within ninety (90) days after the Planning Director's endorsement of
approval. If such plat is not recorded within the specified time period, the minor
subdivision plat is void. The Planning Director may extend this deadline provided the
applicant can demonstrate a good faith effort to comply with the deadline, but for reasons
beyond his/her control, fails to meet the requirements far recordation within that period.
All such plats shall conform to drawing specifications and certification requirements for
Final Plats contained in Section V-D of this Ordinance.
Recordation of the approved final plat, and auxiliary documentation as required in the
conditions of preliminary plat approval shall be with the advice and consent of the
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Planning Department.
sEC-rioN 3: This ordinance shall become effective upon adoption.
NOW THEREFORE BE IT ORDAINED by the Board ofi Orange County Commissioners
that this Zoning Atlas Amendment is effective upon approval.
Upon motion of Commissioner ,seconded by Commissioner
the fioregoing ordinance. was adopted this the day of
2001.
I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on , 2001 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No. of the minutes of said Board.
WITNESS my hand and the seal of said County, this day of ,
2001.
Clerk to the Board of Commissioners
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