HomeMy WebLinkAboutAgenda - 11-24-2003-c4bORANGE COUNTY ~ .~ ^~
BOARD OF COMMISSIONERS
AND
PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: November 24, 2003
Action Agenda
Item No. C.4.b
SUBJECT• Final Plat Requirements Amendments
DEPARTMENT: Planning & Inspections PUBLIC HEARING: (YIN) YES
ATTACHMENT(S): INFORMATION CONTACT:
Proposed Ordinance Craig Benedict, Director, Ext, 2592
Robert P. Davis Planner III, Ext. 2580
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To hear both staff presentation and public comments regarding the proposed new
and revised certificates/endorsements which are required on final plats of major or minor
subdivisions and subdivision not subject to subdivision regulations.
BACKGROUND: The Subdivision Regulations and State Statutes require that final plats be
surveyed and recorded in proper form to protect the general public and ensure a minimum
number of disputes concerning property division. The Subdivision Regulations have some
terms that are outdated inform and, in some instances; there are no certificate and
endorsement requirements for information that should be shown on a final plat, This
amendment addresses some of the revisions needed to update the regulations,
1. Removing all references to registered land surveyor and replacing with the correct
designation of Professional Land Surveyor. [Section V-D]
2, Require parcels under common ownership or a homeowners' association ownership to
be labeled as tracts, [Section V-D-4-a]
3. Require plats to also show Extraterritorial Zoning Jurisdiction lines and Parcel
Identification Numbers. (Section V-D-4-a]
4, Remove references to documents that have been renamed which require information to
be disclosed on the final plat. Items previously requiring disclosure on final plats are now
covered through other requirements of the Zoning Ordinance. [Section V-D-4-b]
a, The document entitled "An Inventory of Sites of Cultural, Historic, Recreational,
Biological and Geological Significance in fhe Unincorporated Portions of Orange
County" does not exist.
5, Require setbacks that are greater than the minimum setbacks to be disclosed on the
plat, This typically occurs in minor subdivision were the setback is required to be
doubled as a part of private road justification approval [Section V-D-5-a]
~° ~. Add requirement of No Vehicular Access Easement to be shown along roadways and
other locations where no driveways or streets may be approved and constructed,
[Section V-D-5-b]
7, Require maximum impervious surface amounts to be shown on each lot, This is a
watershed requirement. [Section V-D-5-d]
8, Require that all land use buffers and locations be shown on the plat. [Section V-D-5-e]
9, Require that both major and minor subdivision record final plats within 90 days of final
planning staff approval. Current regulations require minor plats to be recorded within six
(6) months and major plats to be recorded within one (1) year. [Section V-D-6-c(1) & (2)]
10, Revise the Environmental Health statements that appear on regulated subdivisions.
[Section V-D-6-c(3)]
11, Add a new certification statement with endorsement for subdivisions that are connected
to a public water and/or sewage system. [Section V-D-6-c(4)]
12, Revise the certification statement/endorsement for Environmental Health signoff of a
recombination of property that includes a vacant lot or an existing dwelling, [Section V-
D-6-c(5)(b)]
13, Add a new certification statement with endorsement for the Chair of the School Board
to sign certifying compliance with the Schools Adequate Public Facilities Ordinance.
[Section V-D-6-c(6)]
14, Clarify that either a construction certification or a surety statement is placed on the final
plat prior to recordation, [Section V-D-7(1) or (2)]
FINANCIAL IMPACT: No additional county costs are associated with this request, Gasts
associated with the legal advertisement have been accounted for through the annual budget
process.
RECOMMENDATION(S): The Planning Staff recommends approval of the amendments,
The Administration recommends that the proposed amendments be
referred to the Planning Board for a recommendation to the Board
of County Commissioners no later than the February 17, 2004
meeting,
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An Ordinance Amending the Subdivision Regulations of Orange County
Be it ordained b.y the Board of Commissioners of the County of Qrange, North
Carolina, that the Subdivision Regulations are hereby amended as follows:
Bold =New Language
~tfikatgreuQti =Deleted Language
Section 1: Amend Section V-D to read as follows:
V-D Final Plat
The Final Plat shall be drawn in accordance with the requirements
of G.S. 47-30 as amended and to the specifications of this Section.
The plat shall be prepared by a '
Professional Land Surveyor er--engineer at a scale of not less
than one hundred (100) feet to the inch nor more than twenty (20)
feet to the inch.
V-D-1 Plat Preparation
All Final Plats shall be prepared in accordance with the Manual of
Practice for Land Surveying in North Carolina as prepared by the
North Carolina State Board of Registration for Professional
Engineers and Land Surveyors.
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"'a V
Ordinance to Public Hearing
V-D-2 Title Block
A title block shall be placed on the plat, which shall contain the following
information:
(a) 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 Qrange
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;
4
(b) 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;
(c) 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
(d) -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.
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Ordinance to Public Hearing 5
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V-D-3 Vicinity Map
A vicinity map showing the general location of the subdivision in
relation to the surrounding area shall be planed on the plat. 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. The vicinity
map shall show the street names in addition to the SR
designations.
V-D-4 Existing Site Data
Information on existing conditions shall be shown as noted below.
V-D-4-a Boundary Lines
The location, distance and bearings for the boundary line of the
tract to be subdivided shall be shown on the plat. Areas not
designated as lots that will be under common ownership or a
homeowners' association's ownership shall be appropriately
labeled as tracts.
A~pre3cirrtate Locations of corporate limits or Extraterritorial
Zoning Jurisdiction (ETJ) lines, township boundaries, and
county lines shall also be shown on the plat as well as the names
of owners and Parcel Identification Numbers (PIN) of adjacent
uflplatt~d land. For adjacent land that is platted, the subdivision
plat name, plat book and page number, and-~erii~..t~. '.ors
abutting the tract to be subdivided shall also be shown.
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V-D-4-b Other Conditions
' 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 he shown on the plat. In addition, manmade
features including houses, barns, sheds, railroads and overhead
utility lines shall be denoted. Cemeteries shall be shown if t#ey
afe designated by a bier previously recorded instnament or if
t#e~are disclosed to or found by the surveyor during the course of
the survey.
All street rights-of-way, which adjoin the boundaries of the tract
being subdivided, shall be shown with dashed lines and shall
denote the right-of-way location and width.
V-D-5 Subdivision Layout Data
The lot design plan shall be drawn and shall show the following
information:
V-D-5-a Lot Arrangement and Development Potential
The lot lines, Parent Parcel Identification Number, and lot and
block numbers of each lot shall be shown on the plat. Blocks shall
be consecutively numbered or lettered in alphabetical order and,
all lots in each block shall be consecutively numbered. Lot and
block numbers provided shall be in substantial compliance with
those shown on the approved Preliminary Plat.
The location and dimensions of all lot lines, all new easements and
any existing easements which are recorded or easements which
are visible and apparent reservations, and areas dedicated to
public or private use with notes stating their purposes shall be
shown on the Final Plat. Lots shown on the Final Plat shall be
substantially the same as those shown on the approved
Preliminary Plat.
T#e-wi+dtfi-e# Front, rear, and side yard setbacks that are greater
than the minimum setback requirements of the district in
which the parcel is located shall be designated with dashed
lines on the individual lots and labeled as `Minimum Setback'.
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All lots which are of restricted development potential shall be noted
on the Final Plat with reference to a separate recorded instrument
which describes the restricted lot(s) by metes and bounds and
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designates the lot as Of restricted development potential because
of (specify condition), pursuant to Section IV-B-2 of the Orange
County Subdivision Regulations".
V-A-5-b Streets and Transportation Systems
The location, dimensions and classification (public or private) of all
streets, new easements or any existing easements which are
recorded or which are visible and apparent uses, alleys and other
public or private ways shall be shown on the Final Plat, including
pedestrian and non-motorized vehicle easements. All streets
intended for future extension either within ar beyond the
boundaries of the subdivision shall clearly be indicated on the
Final Plat by the words, "Subject to future extension". A No
Vehicular Access Easement (NVA) (aka Negative Access
Easement) 10 feet in width shall be designated, with a dashed
tine, along the right-of-way of all lots and tracts where direct
vehicular access to a roadway is not permitted.
Street names, including State road numbers if applicable, shall be
indicated on the Final Plat and shall not duplicate or approximate
the name of any other street in Orange County, or an adjacent
County if a similar street name is in use in the vicinity, except
where a street is the continuation ar extension of an existing
street. All street names shall be approved through Land
Records office.
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9 eD
Ordinance to Public Hearing 8
V-D-5-c Utilit and Drainage Data
Amended
1/6/92 Constnaction plans shall be submitted to proper authorities, as
required, to document any new public or private community water
supply system, public or private community sewage disposal
system, and storm drainage facilities. Written approval and a set of
approved construction plans shall be submitted to the Planning
Department prior to approval of the Final Plat.
The location and purpose of all new easements for utility systems
shall be shown on the Final Plat, including, but not limited to,
sanitary sewers, septic tanks and nitrification fields, storm sewer
lines, water mains, gas, transmission mains and overhead electric,
telephone and GATV transmission mains, and any other above or
below ground utility systems which are contained within a
designated easement,
It is understood that utility distribution systems to individual lots for
gas, electric, telephone, and N cable service are customarily
covered by "blanket easements" or "general easements". If these
easements have been recorded, the recording data shall be shown
on the plat. Otherwise, these easements need not be denoted an
the plat,
*V-D-5-d Final Plat-Floodw~ and Watershed Data
*Amended
4/2/90 The boundaries of both the floodway and floodway fringe areas
shall be designated and labeled on the plat as required by the
Orange County Flood Damage Prevention Ordinance..
For subdivisions located within a water supply watershed of
regional and/or local importance, the following information shall be
shown designated e~re#ereaeed-on the Final Plat:
(a) The maximum impervious i~peafiea~s-surface data as required
by Articles 6.23, 6.24, and/or 6.25 of the Orange County Zoning
Ordinance shall be shown for each lot.
. The
e-fleted
(b) Stream buffers as required by
8rd+naflse-er Articles 6.23, 6.24, and/or 6.25 of the Orange
County Zoning Ordinance shall be delineated and noted on the
Final Plat. Development restrictions within the buffer shall be
specified in a separate document to be recorded concurrently
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Ordinance to Public Hearing 9
with the Final Plat. The Deed Book and Page reference shall
be noted on the Final Plat.
(c) Storm water detention and/or retention sites and undisturbed
areas for infiltration purposes as required by Section IV-B-9-c of
this Ordinance and/or Articles 6,23, 6.24, and/or 6.25 of the
Orange County Zoning Ordinance shall be delineated and
labeled on the Final Plat. 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 Beok and Page reference shall be noted on the
Final Plat.
V-D-5-e Landscaping and Buffer Data
Buffers widths and locations as required by Section IV-B-8-d of
this Ordinarice or Article 12 of the Orange County Zoning
Ordinance, whichever is greater, shall be shown on the plat and
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.
*V-D-5-f Protection of Natural And Cultural Resources
*Amended
9/4/90 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, A description of the reseurce, and the conditions
of subdivision approval, which assure its protection shall be
included in a document of describing development restrictien to be
recorded concurrently with the plat.
V-D-6 Certificates and Endorsements to appear on Final Plat
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*V-D-6-a Certificates of Dedication and Maintenance
*Amended
1/6/92 The Final Plat shall be made by or prepared under the supervision
of a , y;.°md~~~ 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:
(1) "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., 19_."
(The surveyor shall also certify on the plat as required by
G,S. 47-30 (f) (11) as amended.)
Seal or Stamp
Surveyor Registration Number
*V-D-6-b Certificates of Dedication and Maintenance
(1) 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 and hereby freely dedicates all rights-of-way,
easements, streets, recreation areas, open spaces, common
areas, utilities,and other improvements to public or private
common use as noted on this plat, and further assumes full
responsibility for the maintenance and control of said
improvements until they are accepted for maintenance and
control by an appropriate public body or by an incorporated
neighborhood or homeowners association or similar legal
entity."
Owner(s):
Date:
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*Amended 10116/90 (eff.12/3/90)
*(2) Where a Final Plat shows a private road, an instrument
substantially in the form of the County's Standard Road
Maintenance Agreement entitled, "DECLARATION OF
RESTRICTIONS AND PROVISIONS FOR PRIVATE ROAD
MAINTENANCE", shall be recorded contemporaneously with
the recordation of the approved Final Plat which guarantees
(a) right of access to any private road in the subdivision by
all lots served by the road and bylaw enforcement and
emergency vehicles, (b) right of access for the proposed
private road to a State or municipally maintained road by
way of direct access or other private roads, (c) perpetual
maintenance for any private road serving the subdivision at
the standards set for approval, and (d) provide record notice
of the probability that future development dependent an the
private roads for access will require upgrading of the roads
to a higher private road standard or public dedication and
upgrading of the road to North Carolina Department of
Transportation standards. This instrument shall also note
acceptance by the owner of all liability related to the use of
the road, and agreement to hold both the County and State
harmless from such liability, and acknowledge that some
public services may not be provided due to the private
nature of the road. The guarantees of right of access and
maintenance of the subdivision roads shall run with the land
and shall be disclosed to any prospective purchaser of land
in the subdivision as provided in North Carolina General
Statutes Chapter 136- 102.6. Upon recordation the Deed
Book and Page Number of the recorded document shall be
referenced an the Final Plat.
Owner(s):
Date:
(3) The following shall be printed on the final plat and shall be
followed by the signature of the County Manager:
"Orange County hereby accepts, for the use of the general
public, without maintenance responsibility, the offer of public
dedication of all public rights-of-way, public easements,
public streets, public recreation areas, public open space,
public utilities and other public improvements shown on this
plat."
County Manager:
Date:
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i ~~Y
*V-D-6-c Certificates of Approval
*Amerided
1/6/92 (1) A Final Plat for a minor subdivision shall show the fallowing
form for Planning Department endorsement: I hereby certify
that the subdivision plat shown hereon has been found to
comply with the Orange County Subdivision Regulations,
provided that this plat shall be recorded within s+~(~ ninety
(90) days r~erttkts of final approval, approved by the Orange
County Planning Department on (Date)."
Planning Director or Authorized Agent Date
(2) A Final Plat far a major subdivision shall show the following
form for Planning Department endorsement: I hereby certify
that the subdivision plat shown hereon has been found to
comply with the Orange County Subdivision Regulations,
Provided that this plat shall be recorded within ~-yeaf ninety
(90) days of final approval, approved by the Orange County
Planning Department on (Date),"
Planning Director or Authorized Agent Date
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Ordinance to Public Hearing
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(3) Where sewage disposal within all or a portion of a
subdivision is to be accomplished through the installation
and use of surface sewage disposal systems, the plat shall
show the following form for Orange County Health
Department endorsement:
"Soil and site evaluations have been conducted by the
Orange County Health Department, Environmental Health
Division, and unless otherwise noted, an area on each lot
has been tentatively designated
" for the installation and repair of a
wastewater system. This certification is not an
Improvement Permit or an approval for a septic system
on any of the lots. Subsequent changes to the lots may
affect the ability to obtain Improvement Permits and/or
Construction Authorizations.
Environmental Health Specialist Date
(4) Where water and/or sewage disposal is to be provided
by a public or quasi-public entity the following
statement shall be certified by the person authorized to
represent the service provider:
"I hereby certify that the construction plans for the
water system and/or sewer system have been approved
for Name of Proiectl. The utilities have been
constructed, or secured via a Letter of Credit, to the
Service Provider standards.
[Authorized Signature]
Date
jAttest Signature] Date
SEAL
(5) a) Where a division of property is found to be exempt from
the provision of this Ordinance as specified in the definition
of "subdivision" in Article 2, the plat shall show the following
statements for Planning Department endorsement:
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Ordinance to Public Hearing 14
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"I hereby certify that the division of property shown and
described hereon is exempt from the Orange County
Subdivision Regulations by definition.
Planning Director: Date:
b) Where a property is recombining property that
includes a vacant lot or an existing dwelling the
following statement shall be shown on the plat:
"The recombination of existing lots has been reviewed
by the Orange County Health Department,
Environmental Health Division. Based on available
information, this proposal does not appear to adversely
affect the suitability of the lots for the issuance of an
improvement permit, nor the installation, maintenance,
or repair of an existing wastewater system. This
certification is not an Improvement Permit or an
approval for septic system on any of the lots.
Subsequent changes to the lots may affect the ability to
obtain Improvement Permits and/or Construction
Authorizations."
(6) Where lots have been approved for recordation by either
the Orange County School System or the Chapel
Hill/Carrboro School System the following statement
and endorsements shall appear on the final plat:
I hereby certify that the lots shown on this plat have
been approved by the
School System for recordation prior to Ilnsert datel in
accordance with the Schools Adequate Public Facilities
Ordinance.
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Chair Date
Secretary Attest Date
SEAL
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V-D-6-f Certificate of Notary Public
All certificates and endorsement signatures on the Final Plat,
except those of the County Manager, Planning Board Chair,
Planning Director and Environmental Health Officer shall be
notarized by the statement of a Notary Public entered on the
Final Plat. The Notary Public statement shall be shown in
substantially the following form:
"North Carolina County
I, a Notary Public of the County and State aforesaid, certify
that personally appeared before me this day
and acknowledged the execution of the foregoing certificate.
Witness my hand and seal this ~ day of ,
19
"Seal or Stamp Notary Public
My Commission expires
V-B ~-
be-a
V-D-7 Certificate of Improvements
(1) If the required improvements are completed prior to the
submission of the Final Plat, then one of the following
certificate shall be resettled shown on the plat and
followed by the County Manager's signature:
"The County Manager hereby certifies that all
improvements required by the Orange County
Subdivision Regulations have been installed as
specified by the approved Preliminary Plat for
Subdivision and that said improvements
comply with Orange County specifications."
County Manager:
Date:
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(2) If the required improvements are not completed prior to
the submission of the Final Plat and their completion is
not insured by regulations applicable to developments
financed by the U.S, Department of Housing and Urban
Development, the following certificate shall be recorded
followed by the County Manager s signature:
"The County Manager hereby certifies that (a}-a-sur-ety
(a) cash in the amount
of $ , or (s b) an irrevocable letter of credit by an
approved institution and as approved by the Orange
County Attorney, has been posted with Orange County
guaranteeing that all improvements will be installed as
specified by the approved Preliminary Plat for
Subdivision. All required improvements
must be completed within three hundred and sixty-five
(365) days hereof."
County Manager:
Date:
Section 2: That this ordinance be placed in the file of published ordinances.
Section 3: That this ordinance is effective upon adoption.
NOW THEREFORE BE IT ORDAINED b,y the Board of Orange County
Commissioners that this Ordinance entitled `;4n Ordinance Amending the
Subdivision Regulations of Orange County" is adogted.
Upon motion of Commissioner ,seconded by
Commissioner the foregoing Ordinance was
adopted this the _ day of , 2003.
1, Donna S. Baker, 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
2003 as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of said Board.
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WITNESS my hand and the seal of said County, this day of
2003.
Clerk to the Board of Commissioners
SEAL
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