HomeMy WebLinkAboutORC Agenda Packet - July 9 2025 1
ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
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An
AGENDA
ORANGE COUNTY PLANNING BOARD
WHITTED MEETING FACILITY
300 WEST TRYON STREET, SECOND FLOOR
I-IILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, July 9, 2025
Ordinance Review Committee — 7:00 p.m.
Note: This Ordinance Review Committee (ORC) meeting is for Planning Board members who
would like to attend. Attendance is not mandatory and a quorum is not necessary for the ORC
meeting.
No. Page(s) Agenda Item
1. CALL TO ORDER
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT— IMPERVIOUS
2. 2 - 25 SURFACES, WATERSHED PROTECTION OVERLAY DISTRICTS, AND STREAM
BUFFERS - To review Planning Director-initiated amendments to the
UDO pertaining to impervious surfaces, watershed protection overlay
districts, and stream buffers.
Presenter: Christopher Sandt, County Engineer
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT —
3. 26 - 65 SUBDIVISION REGULATIONS - To review Planning Director-initiated
amendments to the UDO pertaining to subdivision review processes and
classifications.
Presenter: Cy Stober, Planning Director
4. ADJOURNMENT
2
ORANGE COUNTY
PLANNING BOARD
ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: July 9, 2025
Action Agenda
Item No. 2
SUBJECT: Unified Development Ordinance (UDO) Text Amendment— Impervious Surfaces,
Watershed Protection Overlay Districts, and Stream Buffers
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Proposed Amendments (23 pages) Christopher Sandt, County Engineer
(919) 245-2583
Cy Stober, Planning Director
(919) 245-2592
PURPOSE: To review and comment upon a proposed government-initiated Unified
Development Ordinance (UDO) text amendment regarding Impervious Surfaces, Watershed
Protection Overlay Districts, and Stream Buffers.
BACKGROUND: The Orange County Planning Department has initiated an amendment to UDO
Sections 2.20, 2.21, 4.2, 6.13, and 6.18. The proposed amendments are multi-faceted in
purpose and are intended to be comprehensive in addressing overly complex text/tables, and to
improve interpretation and application for both staff and applicants.
Specifically, this amendment addresses: 1) refinements and reading clarity improvements
related to impervious surface area limits and existing development definition timelines for the
County's 13 Watershed Protection Overlay Districts; 2) the integration of additional impervious
surface area allowances for qualified Low to Moderate Income Households; and 3) refinement
of minimum reservoir buffer widths for the Upper Eno Critical Watershed Protection Overlay
District to better accommodate known non-conforming lots located around the shoreline of Lake
Orange and help decrease staff time related to repetitive setback variance requests.
In compliance with the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and
Agreement, the proposed amendments will be sent to both towns for comment. Proposed text
amendment language can be found in Attachment 1 within a "track changes" format.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Existing staff, included in the Departmental staffing budget,
will accomplish the work required to process this amendment.
RECOMMENDATION(S): Planning staff recommends the Ordinance Review Committee review
and comment upon the proposed amendments to the UDO.
Article 2: Procedures 3
Section 2.20: Stream Buffers—Use Authorization Certificate
(a) The successor-owner of the property submits to the Erosion Control
Officer a written request for the transfer of the Erosion and
Sedimentation Control Plan and an authorized statement of financial
responsibility and documentation of property ownership.
(b) The Erosion Control Officer finds all of the following:
(i) The Erosion and Sedimentation Control Plan holder is one of the
following: a natural person who is deceased; a partnership,
limited liability corporation, corporation, or any other business
association that has been dissolved; a Person who has been
lawfully and finally divested of title to the property on which the
permitted activity is occurring or will occur; or, a Person who has
sold the property on which the permitted activity is occurring or
will occur.
(ii) The successor-owner holds title to the property on which the
permitted activity is occurring or will occur.
(iii) The successor-owner is the sole claimant of the right to engage
in the permitted activity.
(iv) There will be no substantial change in the permitted activity.
(2) The Erosion and Sedimentation Control Plan holder shall comply with all terms
and conditions of the Erosion and Sedimentation Control Plan until such time as
the Erosion and Sedimentation Control Plan is transferred.
(3) The successor-owner shall comply with all the terms and conditions of the
Erosion and Sedimentation Control Plan once the Erosion and Sedimentation
Control Plan is transferred.
(4) Notwithstanding changes to law made after the original issuance of the Erosion
and Sedimentation Control Plan, the Erosion Control Officer may not impose new
or different terms and conditions in the Erosion and Sedimentation Control Plan
without the prior express consent of the successor-owner. Nothing in this
subsection shall prevent the Erosion Control Officer from requiring a revised
Erosion and Sedimentation Control Plan pursuant to General Statute 113A-
54.1.(b).
• 1 • ' F1 IF119111•
2.20.1 Use Authorization Certificate
(A) Application Requirements
(1) An application for a Stream Buffer ks�—!Authorization Certificate shall be filed
with the Erosion Control Officer on forms provided by the Planning Department.
(2) Complete applications shall include the following:
(a) The name, address and phone number of the applicant;
(b) The nature of the activity to be conducted by the applicant;
(c) The location of the activity, including the jurisdiction;
(d) A map of sufficient detail to accurately delineate the boundaries of the
land to be utilized in carrying out the activity, the location and dimensions
of any disturbance in riparian buffers associated with the activity, and the
extent of riparian buffers on the land;
i Correction to our standard form name.
Orange County, North Carolina—Unified Development Ordinance Page 2-66
Article 2: Procedures 4
Section 2.21:stormwater management
(e) An explanation of why this plan for the activity cannot be practically
accomplished, reduced or reconfigured to better minimize disturbance to
the riparian buffer, preserve aquatic life and habitat and protect water
quality; and
(f) Plans for any best management practices proposed to be used to control
the impacts associated with the activity.
(B) Timeframe for Review
(1) All requests shall be reviewed by the Erosion Control Officer and either approved
or denied within 60 days of receipt of a complete application.
(2) Failure to issue an approval or denial within 60 days shall constitute that the
applicant has demonstrated "no practical alternatives."
(3) The Erosion Control Officer may attach conditions to the Authorization Certificate
that support the purpose, spirit and intent of the riparian buffer protection
program.
(C) Disputes
Any disputes over determinations regarding Stream Buffer?Authorization Certificates
shall be referred to the Division of Water Resources of the North Carolina Department of
Environmental Quality (NCDEQ)for a decision.
SECTION • -
2.21.1 Stormwater Management Plan
(A) Application Requirements
(1) A Stormwater Management Plan (SMP) shall be prepared for all Land-Disturbing
Activities subject to this Ordinance whenever the proposed Land-Disturbing
Activity exceeds the stormwater thresholds as defined in the Orange County
Watershed Matrix (Table 4.2.10 of this Ordinance).
(B) Plan Requirements
(1) Any proposed permanent Stormwater Control Measures (SCMs) must be shown
as part of the SMP and must accompany the Land Disturbing Permit (LDP)
application submittal package. SCMs shall meet the requirements of the most
current version of the North Carolina Administrative Code Title 15A, Subchapter
02H Sections .1000 through .1062, and the most current version of the
Department of Environmental Quality (NCDEQ) Stormwater Design Manual.
(2) All calculations for Nutrient Export (including the nutrient accounting tool), Peak
Run-off Volume, and permanent SCMs designed for Nutrient Removal, as
applicable per the requirements of Section 6.14 of this Ordinance, must be
included in the LDP application submittal package.
(3) SCMs that are designed, constructed and maintained in accordance with the
most current version of the North Carolina Administrative Code Title 15A,
Subchapter 02H, Sections .1000 through .1062 and the most current version of
the NCDEQ Stormwater Design Manual, the approved accounting tools, and the
requirements listed in Section 6.14 of this Ordinance will be presumed to meet
the required performance standards of Section 6.14 of this Ordinance. Submittals
containing measures not designed to these specifications, may be approved on a
case by case basis provided the applicant provides adequate data and
information showing how the deviations meet the requirements of Section 6.14 of
this Ordinance.
(C) Plan Approval
2 Correction to our standard form name.
Orange County, North Carolina—Unified Development Ordinance Page 2-67
5
ARTICLE 4: OVERLAY ZONING DISTRICTS
SECTION 4.1: GENERALLY
4.1.1 Description, Standards, and Conflicts
(A) Overlay districts are supplemental to general zoning district classifications and are
applied in combination to address special situations or to accomplish specific planning
and land use goals.
(B) Unless otherwise expressly stated, all applicable regulations of the underlying district
apply to property in an overlay district.
(C) Unless otherwise stated, all applicable standards of this Ordinance apply to property in
an overlay district.
(D) When overlay district standards conflict with standards that otherwise apply in the
underlying district, the regulations of the overlay district always govern.
SECTIONPROTECTION
4.2.1 Purpose and Intent
(A) The purpose of the Watershed Protection Overlay Districts is to prevent significant future
water quality deterioration in existing or potential future drinking water reservoirs which
receive stormwater runoff from land within Orange County.
(1) Protection of all water supplies within the State in accordance with minimum
standards was mandated by NCGS §143-214.5.
(2) The quality of water in drinking water reservoirs can be affected by human
activities including farming, construction of highways and roads, subdivision
development, industrial development, and other land-disturbing activities. Types
of water pollutants resulting from these activities include sediment, bacterial
contamination, heavy metals, synthetic organic compounds and low-level
radioactivity.
(B) The intent of the Watershed Protection Overlay Districts is to apply a set of regulations
involving land use and, in some cases, structural best management practices which
protect the watersheds by reducing the pollution from future development which enters
drinking water supplies.
(1) Land use management practices involve minimum lot size and impervious
surface restrictions, since impervious surfaces such as roads, roof tops and
driveways are a major source of pollution.
(2) Structural best management practices allow for more intensive land use by
providing for temporary detention of stormwater runoff so that pollutants may
settle.
4.2.2 Applicability
(A) The Watershed Protection Overlay Districts as established herein overlay other zoning
districts established in this Ordinance. The new use of any land or new structure within
any Watershed Protection Overlay District shall comply with the use regulations
applicable to the underlying zoning district as well as the requirements of the applicable
Watershed Protection Overlay District.
(B) A Watershed Protection Overlay District shall be applied to the Orange County portion of
watersheds which have been classified as WS-II, WS-III or WS-IV watersheds by the
3 staff recommendation to add "Overlay District"to the end of this section to provide reading/scope clarity.
Orange County, North Carolina—Unified Development Ordinance Page 4-1
Article 4: Overlay Zoning Districts 6
Section 4.2:Watershed Protection Overlay Districts2F
North Carolina Environmental Management Commission in its implementation of NCGS
§143-214.5. In accordance with the State Mandate, thirteen 1314 Watershed Protection
District Overlays, as listed in the table in subsection (ED) below5, are hereby established.
(C) Areas designated as "Critical Area" under the Orange County designation are hereby
established using the following criteria:
(1) The land area in the Upper Eno watershed (straight line distance)within one-half
mile of the normal pool elevation (NPE), or nearest available contour line used
for the calculation, of an existing Class I or Class II reservoir or proposed water
supply reservoir designated for protection, or the ridgeline of the sub-watershed,
whichever is less; and
(2) The land area within one-half mile on each side for an upstream distance of 2.5
miles (straight line distance) of any fifth order or higher stream flowing into a
Class I reservoir, or the ridgeline of the sub-watershed, whichever is less; and
(3) The land area within one-half mile on each side of a fourth order or higher stream
flowing between any Class II and Class I reservoir; and
(4) The land area within one-half mile on each side for an upstream distance of 1.5
miles (straight line distance) of a third or fourth order stream flowing directly into
any Class I reservoir; and
(5) The land area within one-half mile on each side for an upstream distance of 1.0
mile (straight line distance) of a third or fourth order stream flowing into a fourth
order or higher stream that is within 1.0 miles (straight line distance) of a Class I
reservoir; and
(6) Any isolated areas within the overall critical area boundary that drain into any of
the streams listed above.
(7) Areas designated as Transition Areas on the Land Use Element Map of the
Orange County Comprehensive Plan are excluded from designation as a Critical
Area, except for land areas located within one-half mile from the normal pool
elevation of a Class I reservoir.
(8) The land area north of the centerline of West Ten Road and west of the
centerline of the Interstate 85/U.S. 70 Connector is excluded from designation as
a Critical Area, except for land areas located within one-half mile from the normal
pool elevation of a Class I reservoir.
(D) The designation of"Protected" applies to areas of watersheds classified as WS-11, WSIII,
or WS-IV outside of areas designated as "Critical Area."
(E) General Locations of Watershed Protection Overlay Districts
TABLE 4.2.2.E:WATERSHED PROTECTION OVERLAY
DISTRICT GENERAL LOCATION
UNIV-CA University Lake Critical One-half mile from the normal pool elevation of University Lake, or to
Area the ridgeline of the watershed,whichever is less.
University Lake The portion of the drainage basin of University Lake not covered by
UNIV-PW Protected Watershed UNIV-CA.
Overlay District
CANE-CA Cane Creek Critical Area One-half mile from the normal pool elevation of Cane Creek Reservoir,
Overlay District or to the ridgeline of the watershed,whichever is less.
CANE-PW Cane Creek Protected The portion of the drainage basin of Cane Creek Reservoir not
a Staff recommendation to improve reading clarity.
5 The correct subsection is now referenced.
e Table 4.2.2.E has been reformatted to improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 4-2
Article 4: Overlay Zoning Districts 7
Section 4.2:Watershed Protection Overlay Districts2F
TABLE 4.2.2.E:WATERSHED PROTECTION OVERLAY
LOCATIONDISTRICT GENERAL
Watershed Overlay covered by CANE-CA.
District
One-half mile from the normal pool elevation, or to the ridgeline of the
watershed,whichever is less, of the following Class I reservoirs:
Corporation Lake(538' actual NPE, 540'contour line used)and Lake
Ben Johnson (515' NPE and contour line used). One-half mile(straight
line measurement)from the normal pool elevation, or to the ridgeline
of the watershed,whichever is less, of the following Class II
Upper Eno Critical Area reservoirs: Lake Orange(615' NPE and contour line used)and West
U-ENO-CA Overlay District Fork on the Eno(642' NPE, 642' contour line used); and the land area
within one-half mile (straight line measurement)on each side of other
streams designated for protection. These protected streams include
portions of: Eno River, Seven Mile Creek,West Fork of the Eno River,
East Fork of the Eno River, Rocky Run, Stream ID 1625, Stream ID
1498, Dry Run Creek, Crabtree Creek, and Stream ID 2109. (Source
of elevation data: Atlantic Technologies Ltd., 1998 planimetric project
approved by Orange County GIS).
U-ENO-PW Upper Eno Protected The portion of the Upper Eno drainage basin not covered by U-ENO-
Watershed Overlay CA.
Lower Eno Protected The Orange County portion of the Eno River Watershed within ten
L-ENO-PW Watershed Overly miles of the City of Durham Emergency Water Intake east of US 501
(Roxboro Road).
Little River Protected The portion of drainage basin of the Little River Reservoir which is
LITTLE-PW Watershed Overlay located in Orange County.
District
Back Creek Protected The portion of the drainage basin of Back Creek which is located in
BACK-PW Watershed Overlay Orange County.
District
South Hyco Creek The portion of the drainage basin of South Hyco Creek which is
HYCO-PW Protected Watershed
Overla District located in Orange County.
Flat River Protected The portion of the drainage basin of the Flat River which is located in
FLAT-PW Watershed Overlay Orange County.
District
Haw River Protected The portion of the drainage basin for the Haw River which is located in
HAW-PW Watershed Overlay Orange County
District
Jordan Lake Protected The Orange County portion of the Jordan Lake Watershed which
JORDAN-PW Watershed Overlay extends five miles from the normal pool elevation of the impoundment.
District
(F) Existing Development
The following residential or non-residential structures shall be considered existing
development for the purpose of determining compliance with or applicability of Sections
4.2, 6.13, 6.14, and 6.15 of this Ordinance ,
6.14.11, and a 157rRv3)7•
(1) Was either constructed prior to, or constructed in accordance with a valid building
permit issued prior to, or was included as part of a Site Specific Development
Plan approved by the Board of County Commissioners prior to January 1, 1994;
or
Simplified reference to applicable sections of the LIDO.
Orange County, North Carolina—Unified Development Ordinance Page 4-3
Article 4: Overlay Zoning Districts 8
Section 4.2:Watershed Protection Overlay Districts2F
(2) Was either constructed prior to, or constructed in accordance with a valid building
permit issued prior to, or was included as part of a Site Specific Development
Plan approved by the Board of County Commissioners prior to February 12, 1997
with respect to the Town of Hillsborough purchase of property associated with
expanding the West Fork of the Eno reservoir; or
(3) Was either constructed prior to, or constructed in accordance with a valid building
permit issued prior to, or was included as part of a Site Specific Development
Plan approved by the Board of County Commissioners prior to October 19, 1999
with respect to the October 19, 1999 amendments related to the CANE-CA and
CANE-PW districts, or
(4) Was either constructed prior to, or constructed in accordance with a valid building
permit issued prior to, or was included as part of a Site Specific Development
Plan approved by the Board of County Commissioners prior to September 19,
2001 with respect to the Stream Buffer/Usable Lot amendments, or
(5) Was either constructed prior to, or constructed in accordance with a valid building
permit issued prior to, or was included as part of a Site Specific Development
Plan approved by the Board of County Commissioners prior to May 20, 2003 with
respect to the Stream Classification Amendments, or
(6) Had otherwise established a vested right under North Carolina Zoning law prior
to January 1, 1994, or October 19, 1999 with respect to the October 19, 1999
amendments related to the CANE-CA and CANE-PW districts, or September 19,
2001 with respect to the Stream Buffer/Usable Lot amendments, or May 20, 2003
with respect to the Stream Classification Amendments.
(G) Existing development is hereby deemed to be conforming with respect to requirements of
Sections 4.2, 6.13, 6.14, and 6.15 of this Ordinance.86.13.3, 6.13.4, 6.13.6, 6.1�.R,
6.14.4, 1^ 1 n 6.14.11, and a 1 5 7iavz) of this Ordinance. Periodic updates to FEMA
maps may affect structures located within the special flood hazard area of specific
streams.
(H) Redevelopment
(1) The rebuilding or replacement of residential or nonresidential structures which
are defined as existing development according to subsection (F) above is
allowed, provided that the rebuilding or replacement does not result in an
increase in the amount of impervious surface, and does not encroach any farther
into stream buffers or setbacks from reservoirs than the previous development.
(2) A structure which is rebuilt or replaced in accordance with these provisions is
deemed conforming with respect to setbacks from streams and reservoirs
required by Section 6.13 of this Ordinance.
(1) Existing Lots
(1) An existing lot, for the purpose of determining compliance with Sections 4.2.
6.13, 6.14, and 6.15 of this Ordinance9 and 6.13.3, 6.13.4, 6.13.6, 6.13.8, 6.14.4,
6.14.10, 6.14.11, and is defined as:
(a) A lot which was created prior to January 1, 1994, or
(b) A lot within the Upper Eno watershed which was created prior to
February 12, 1997 with respect to the Town of Hillsborough purchase of
property associated with development of the West Fork on the Eno
reservoir; or
$Simplified reference to applicable sections of the UDO.
s Simplified reference to applicable sections of the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 4-4
Article 4: Overlay Zoning Districts 9
Section 4.2:Watershed Protection Overlay Districts2F
(c) A lot within the Cane Creek watershed which was created prior to
October 19, 1999, with respect to the October 19, 1999, amendments
related to the CANE-CA and CANE-PW districts, or
(d) Non-conforming lots of record.
(2) Stream buffers as required by Section 6.13, and setbacks for septic systems as
required by Section 4.2.9 may be reduced to the extent necessary to allow
development of the lot, provided that all of the following criteria are met:
(a) The septic system is sized to serve no more than four bedrooms; and
(b) The septic tank, drainfield and repair area (where required) can be
accommodated on 20,000 square feet of area or less; and
(c) The Orange County Planning Department, in consultation with Orange
County Environmental Health and/or the Orange County Staff LOEngineer
has determined that encroachment of the structure into the stream buffer
and/or encroachment of the septic system or repair area into the stream
buffer or reservoir setback is necessary in order to provide adequate
area for septic disposal and repair while maintaining required
separations between wells, septic systems, structures and property lines;
and
(d) The Orange County Planning Department, in consultation with Orange
County Environmental Health and/or the Orange County Staff
11'Engineer, has determined that the relative locations of the well, septic
system and structure maximize the amount of watershed protection that
can be achieved while allowing development of the lot. Generally, an
exception to setbacks for repair area is preferable to an exception for the
initial septic system, and encroachment of structures or gravity septic
systems into the setback is preferable to the installation of a septic
system pump.
(e) The amount of encroachment into the stream or reservoir buffer is the
minimum amount which can be obtained while meeting the criteria in
subsections (a)through (d) above.12
4.2.3 Land Use Restrictions
All uses and activities allowed in the underlying zoning district are permitted with the following
exceptions for Watershed Protection Overlay Districts as indicated in Table 4.2.313TABLE 4.2.3 LAND USE RESTRICTIONS
DISTRICT RESTRICTIONS
No new landfills are permitted.
UNIV-CA No commercial or industrial uses are permitted except for commercial development, in
UNIV-PW accordance with the provisions of the Ordinance, located within established Nodes as
CANE-CA detailed within the Orange County Comprehensive Plan.
U-ENO-CA
No new golf courses are permitted
UNIV-CA No residual slud e/biosolids application is permitted.
10 The Orange County Engineer is the correct representative;the Staff Engineer position does not currently exist.
"The Orange County Engineer is the correct representative;the Staff Engineer position does not currently exist.
12 Staff recommendation to improve reading clarity.
11 Staff recommendation to improve reading clarity.
14 Staff recommendation to update table name for improved reading clarity.
11 Table 4.2.3 has been reformatted to improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 4-5
Article 4: Overlay Zoning Districts 10
Section 4.2:Watershed Protection Overlay Districts2F
q 14 1
RESTRICTIONSDISTRICT
CANE-CA
U-ENO-CA
CANE-PW
U-ENO-PW
HYCO-PW No discharging landfills are permitted. Industrial use is limited to nonhazardous light
LITTLE-PW industrial uses characterized by low water use(less than 10,000 gallons per day16gpd
BACK-PW excluding domestic water(25 gallons per daylzgpd per employee)and water used for
FLAT-PW heating and air conditioning).
HAW-PW
L-ENO-PW
JORDAN-PW
4.2.4 Residential Density
Maximum residential density shall be as indicated in Table 4.2.418the Table in thin s„hisorti or
as required by the underlying zoning district, whichever is less.
TABLE 4.2.4 RESIDENTIAL DENSITY
DISTRICT MAximum DENSITY
One dwelling unit per five acresa--d_211%T
UNIV-CA Lots of record existing on October 2, 1989 may contain up to, but no more than,five lots
UNIV-PW with a density of one dwelling unit per22 du/two acres. Contiguous lots of record existing on
October 2, 1989 may be combined into one parcel for development. The number of two-
acre lots and the total number of lots in the combined parcel cannot exceed the sum of the
number of lots which could be created from each lot of record.
One dwelling unit per five acres.4-4cl23„ice
CANE-CA Lots of record existing on October 19, 1999 may contain up to, but no more than,five lots as
CANE-PW small as two acres in size. Contiguous lots of record existing on October 19, 1999 may be
combined into one parcel for development.The number of two-acre lots and the total
number of lots in the combined parcel cannot exceed the sum of the number of lots which
could be created from each lot of record.
U-ENO-CA 244 d„ 12
LITTLE-PW One dwelling unit per two acres. anres
HYCO-PW One dwelling unit pert 40,000 square feet(0.92 acre)
FLAT-PW
16 Staff recommendation to eliminate the use of a technical acronym.
17 Staff recommendation to eliminate the use of a technical acronym.
18 Staff recommendation to improve reading clarity.
19 Staff recommendation to update table name for improved reading clarity.
21 Table 4.2.4 has been reformatted to improve reading clarity.
21 Staff recommendation to eliminate the use of a technical acronym and improve reading clarity.
22 Staff recommendation to eliminate the use of a technical acronym and improve reading clarity.
23 Staff recommendation to eliminate the use of a technical acronym and improve reading clarity.
24 Staff recommendation to eliminate the use of a technical acronym and improve reading clarity.
21 Staff recommendation to eliminate the use of a technical acronym and improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 4-6
Article 4: Overlay Zoning Districts 11
Section 4.2:Watershed Protection Overlay Districts2F
TABLE 4.2.4 RESIDENTIAL DENSITY
DISTRICT MAXIMUm DENSITY
U-ENO-PW Maximum density is as permitted in the underlying zoning district.
L-ENO-PW
HAW-PW Stormwater Control Measures(SCMs)are required in some cases where density exceeds
JORDAN-PW one42fi dwelling unit per acre. Refer to Section 4.2.5.
BACK-PW
(A) Density Exceedance Allowance'
As enabled by NC G.S § 143-214.5(d3), an applicant may exceed the density otherwise
required by the applicable water supply watershed regulations, but not the underlying
zoning district, if all of the following circumstances apply:
(1) The property was developed prior to the effective date of the applicable water
supply watershed regulations;
(2) The property has not been combined with additional lots after January 1, 2021;
(3) The property has not participated in density averaging, as allowed by NC G.S.
§143-214.5(d2);
(4) The current use of the property is nonresidential; and
(5) The remaining vegetated buffers on the property are preserved in accordance
with Section 6.13.4 of this Ordinance.
(B) If all of the criteria of Section 4.2.4(A) are satisfied, an applicant maV elect to apply the
preexisting development regulations, as specified in Section 6.14.5(C)of this Ordinance.
26 Staff recommendation to improve reading clarity.
21 This subsection/description was previously located in Section 4.2.8,which was very confusing to the reader. This
is the appropriate location for this statement.
Orange County, North Carolina—Unified Development Ordinance Page 4-7
Article 4: Overlay Zoning Districts 12
Section 4.2:Watershed Protection Overlay Districts2F
4.2.5 Impervious Surface Lim itSHRequiremefor Residential Uses
The impervious surface limits for residential uses within Watershed Protection Overlay Districts
are noted in Table 4.2.5:29
IMPERVIOUS
DISTRICT IMPERVIOUS SURFACE (RESIDENTIAL)
6% impervious surface limit. [11, [2133
EXCEPT for all-3 lots which existed prior to April 2, 1990354/2190,which are subject to a
12% impervious surface JiMit.361rnpepAeus .faGG limits a previded OR the f ll,,,.iRg Table
UNIV-CA
UNIV-PW f1
6% impervious surface limit. [11, f2131
EXCEPT for lots smaller than two acres which existed prior to January 1, 19943838�4,
which are subject to a 12% impervious surface limit.390H;peFvieuE; ,,.rfa eQ li-mats as vided
CANE-CA
CANE-PW i Rmy Gage and i itfle).0
6% impervious surface limit. [11, [21
EXCEPT for lots smaller than five acres which existed prior to June 1, 2010406"�0,
U-ENO-CA which are subject to a 12% impervious surface limit.41rnpervieu6 ,„f.,^o li-mi+s; as vided
mpew
14,424
6% impervious surface limit. [11, f2l'
LITTLE-PW EXCEPT for lots which existed prior to January 1, 199443111194,which are subject to a 12%
impervious surface limit44
'rnperv'ous surf—ap-ea limits as provided in the following TabLe
21 Staff recommendation to update section name for improved reading clarity.
29 This is a new sentence to properly introduce this new Section and describe the contents of Table 4.2.5.
31 Staff recommendation to update table name for improved reading clarity.
31 Table 4.2.5 has been reformatted to improve reading clarity.
32 Staff recommendation to update column name for improved reading clarity.
33 Removal of redundant information; residential density requirements are already summarized in Table 4.2.4.
34 Removed the word "all"to stay consistent with all other watershed limit descriptions.
"Staff recommendation to integrate consistent formatting.
36 For the UNIV watersheds,the"Sliding Scale"table will be eliminated,and a flat 12%impervious limit will be
applied to all lots in existence prior to the effective date of the UNIV water supply watershed regulations.
31 Removal of redundant information; residential density requirements are already summarized in Table 4.2.4.
31 Staff recommendation to integrate consistent formatting.
39 For CANE watersheds,the"Sliding Scale"table will be eliminated,and a flat 12%impervious limit will be applied
to all lots(<2 acres) in existence prior to the effective date of the CANE water supply watershed regulations.
41 Staff recommendation to integrate consistent formatting.
41 For the U-ENO-CA watershed,the"Sliding Scale"table will be eliminated, and a flat 12%impervious limit will be
applied to all lots(<5 acres) in existence prior to the 2010 amendment of the U-ENO-CA water supply watershed.
42 Removal of redundant information; residential density requirements are already summarized in Table 4.2.4.
Orange County, North Carolina—Unified Development Ordinance Page 4-8
Article 4: Overlay Zoning Districts
Section 4.2:Watershed Protection Overlay Districts2F 13
IMPERVIOUSRC/'11IIOCIIIICAITC LIMITS3
IMPERVIOUS - (RESIDENTIAL)
DISTRICT
r14
FLAT-PW 12% impervious surface limit for new and existing lots. f 11, f21P;424
HYCO-PW
12% impervious surface limit for existing and new lots outside of Transition Areas as
designated in the Orange County Land Use Plan. r'�;, [2145 [11, [21
30% impervious surface limit for developments which exceed a density one dwelling unit per
acres' rlulanrP46 within Transition Areas as designated in the Orange County Land Use
Plan. Stormwater Control Measures (SCMs)are required if impervious surface exceeds
U-ENO-PW 12%.
BACK-PW [11, [21
70% impervious surface limit for residential uses developed at"high intensity"densities (R-
5, R-8, and R-13)in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high-density option). Stormwater Control Measures
(SCMs)are required if impervious surface exceeds 12%.47[11, [21 with SGIVIS
ods!2oi
24% impervious surface limit with curb and gutter.' [11, [2148
36% impervious surface limit without curb and gutter.[!], [2]49[11, [212
L-ENO-PW 70% impervious surface limit for residential uses developed at"high intensity"densities (R-
5, R-8, and R-13)in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high-density option)_�rvitll 51Stormwater Control
Measures (SCMs)are52 required ifw#er+impervious surface exceeds-
24% (w/curb and gutter);or
36% (w/o curb and gutter). [11. [2153
HAW-PW 24% impervious surface limit. [11, [21��
JORDAN-PW
[1]Allowable impervious surface area may be modified in accordance with Section 4.2.8 of this Ordlnancee-UDO.54
[2] Regardless of the proposed amount of impervious surface area, a Stormwater Management Plan (SMP)and/or
Stormwater Control Measures SCMs may still be required based on the proposed amount of land disturbance on a
43 Staff recommendation to integrate consistent formatting.
44 For the LITTLE-PW watershed,the"Sliding Scale"table will be eliminated,and a flat 12%impervious limit will be
applied to all lots in existence prior to the effective date of the LITTLE-PW water supply watershed.
45 Staff recommendation to integrate consistent formatting.
4e Staff recommendation to integrate consistent formatting.
47 Staff recommendation to integrate consistent formatting.
48 Staff recommendation to integrate consistent formatting.
49 Staff recommendation to integrate consistent formatting.
so Staff recommendation to integrate consistent formatting.
si Staff recommendation to integrate consistent formatting.
12 Staff recommendation to integrate consistent formatting.
ss Staff recommendation to integrate consistent formatting.
54 Staff recommendation to integrate consistent formatting.
Orange County, North Carolina—Unified Development Ordinance Page 4-9
Article 4: Overlay Zoning Districts 14
Section 4.2:Watershed Protection Overlay Districts2F
LIMIT! 31
DISTRICT IM 'ERVIOUS SURFACE (RESIDENTIAL)
given parcel of property in accordance with applicable Orange County Erosion Control and State Stormwater
regulations.ss
(B)LLHillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the Lower Eno
- Unprotected watershed, which is not a Watershed Protection Overlay District.56
However, wVVithin the Hillsborough Economic Development District, as
designated in the Land Use Element of the Comprehensive Plan, the maximum
impervious surface ratio is 50% with detention ponds.
s�
I NIV CANE, LITTLE,oI UPPER
AND 0000 EN
(`ollc 'n hlonL rlfl t`I(1T o.,nly to the Upper Gn.,
34 43,23
- • • •_: 370 4" a 31068
- - 2-.9 40.2 42-,�
_ 2-.9 40-4 42-, 3
40-.6 4��
276 40.3 4-
4 -.0 4-
2-4 sus
44 2 44 89
2-.3 44-4 a-a 4
2-4 44.9 49,7-
a 0 6 0 43 2-:e 42:0 40;454
4.9 6-.2 13,234 4-.9 42-2 40,997
4-9 64 4331 4.9 42--.4 9-,T2-3
4- 43 4.7 42.6 4434
4-6 43 4.6 42-.9 9424
4� 70 13,721 4 a 43-.0 &,494
4-4 72 43,RR8 4.4 43-.2 31050
4.3 74 43,864 4-.3 434 T'599
4-2 76 43,904 4i 43:6 7---89
4.4 73 43,930 44 43-.9 61-6�
4-0 3 9 43,939 4:0 44-9 614N
3-.9 9-.2 43,9 9.9 44.2 6,567
3.9 3 4 44,404 9 6 444 5,048
3� 3 6 43,264 0-.7 44 6 4,4-52
3:6 4690 44:3 3468
3-.5 9 0 13,724 0-.5 4�-0 3,2,67
3-:4 9-.2 43-62-5 0 46-2 3
ss Spacing provided to improve reading clarity for footnotes.
s6 Staff recommendation to add clarity here that the Lower Eno Unprotected is NOT a watershed protection
overlay district.
51 This table has been eliminated entirely due to arbitrary sourcing(not codified by state)and user difficulty.
Orange County, North Carolina-Unified Development Ordinance Page 4-10
Article 4: Overlay Zoning Districts 15
Section 4.2:Watershed Protection Overlay Districts2F
LLES 4.2.5.2&4.2.5.3: SLID! G SCALE F0?NEE
UNIV, CANE. I ITT'
route hl�nL 1DQ NQT apply tG the Upper Cron
3 $4 4�2 9.3 4"
9-6 a- 9 2 45-6 4 9
4�54.2.6 Impervious Surface Limits$and Minimum59 Lot Size Requirements for Non-
Residential Uses
The impervious surface limits and minimum lot sizes for non-residential uses within Watershed
Protection Overlay Districts are noted in Table 4.2.6.60 Unless otherwise noted in th-a-Table 4.2.6
below, the minimum lot sizes for non-residential uses61 shall be in conformance with the
underlying zoning district.
RESIDENTIAL)TABLE 4.2.6: IMPERVIOUS SURFACE
DISTRICT IMPERVIOUS SURFACE 6% impervious surface limit. [11, [21
UNIV-CA 5-acre minimum lot size,with potential of up to five lots as small as two acres per lot for lots which existed prior
CANE-CA to Of eGGram'^^ram' September 1, 2015 (for UNIV-C kRiver, )or October 19, 1999(for CANE-CAGane�)_;
AND
0 65
6% impervious surface limit. [11, [21
U-ENO-CA 2-acre minimum lot size.AND
o 66
Ss Staff recommendation to update section name for improved reading clarity.
59 Six of our 13 Watershed Protection Overlay Districts do in fact have minimum lot sizes as adopted by the BOCC,
regardless of use. As such,this Table 4.2.6 has been reorganized for improved reading clarity.
60 This is a new introductory sentence to describe the contents of this subsection and Table 4.2.6.
"Staff recommendation to improve reading clarity.
62 Staff recommendation to update table name for improved reading clarity.
63 Table 4.2.6 has been reformatted to improve reading clarity.
64 Staff recommendation to update table name for improved reading clarity.
65 Staff recommendations to improve reading clarity.
66 Staff recommendations to improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 4-11
Article 4: Overlay Zoning Districts 16
Section 4.2:Watershed Protection Overlay Districts2F
IMPERVIOUSTABLE 4.2.6:
•
DISTRICT
5 A-A-Fe rA0AM-M.,-,.rA 'At size wo h petential of up te five !E&a6 6R;.-.- 'At'-;ef FeQ-G-GFd Sept6mbeF4,
50% impervious surface limitl&R for all fire stations and solid waste collection centers_. Stormwater Control
Measures(SCMs)are required if impervious surface exceeds 12%. f11, f21;A
12% impervious surface limitlSR for all other non-residential uses. f11, fQ1=
UNIV-PW Oon-site infiltration of the first inch of stormwater runoff is required for all non-residential uses.; n�
CANE-PW
For CANE-PW,the total impervious surface limit(total Built Upon Area)for non-residential uses is limited to a
I+anit ef1�%of the total watershed area (i.e.,a total of 139 acres of impervious surface within CANE-PW). r31
5fnr nnn_rooider.+ia1 use 039 aGreS in ronIF=-P nn-acre minimum lot size with potential of up to five lots as
small as two acres per lot for lots which existing prior to September 1, 2015(for UNIV-PW)or October 19, 1999
for CANE-PW . 67
2 aGFe Fninknum lets e AND
50% impervious surface limi4&R for all fire stations and solid waste collection centers. Stormwater Control
Measures(SCMs)are required if impervious surface exceeds 12%. r11, r21 A
12% impervious surface limitl&R for all other non-residential uses. r11, Q21
LITTLE-PW Oon-site infiltration of the first inch of stormwater runoff is required for all non-residential uses., n�
For LITTLE-PW,the total impervious surface limit(total Built Upon Area)for non-residential uses is limited to a
lianit ef1�%-of the total watershed area (i.e., a total of 406 acres of impervious surface within LITTLE-PW). r31
fnr n oirlon+iol use /AlIR o n l ITTI C_D\A/1
2-acre minimum lot size. r�'j,-[246$
70% impervious surface limit4R in Economic Development, Commercial and/or Commercial--Industrial Nodes
as designated in the Land Use Element of the Comprehensive Plan (high-density option)_with Stormwater
Control Measures (SCMs)are required if-if impervious surface IUD exceeds=12%. r11, r21;AXD
50% impervious surface limi4&R for all fire stations and solid waste collection centers outside of Commercial
and/or Commercial-Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan. with
Stormwater Control Measures(SCMs)are required if impervious surface if ISR exceeds_12%. ,r21-- A1•D
12% impervious surface limitlSR for all other non-residential uses outside of Commercial and/or Commercial-
U-ENO-PW Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan. r11, r21
BACK-PW SAPID
Oen-site infiltration of the first inch of stormwater runoff is required for all non-residential uses.; n�
For U-ENO-PW, the total impervious surface limit(total Built Upon Area)for non-residential uses is limited to 5%
of the total watershed area (i.e., a total of 4 limit+of 1,151 acres of impervious surface within U-ENO-PW)f e_
l31
For BACK-PW,the total impervious surface limit(total Built Upon Area)for non-residential uses is limited to 1%
of the total watershed area (i.e., a total of 163 acres of impervious surface within BACK-PW). r31&",o^+a'
+hro ghe t I LEAN D\A/(5 0%)and 163 onroo
0 69
67 Staff recommendations to improve reading clarity.
68 Staff recommendations to improve reading clarity.
69 Staff recommendations to improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 4-12
Article 4: Overlay Zoning Districts 17
Section 4.2:Watershed Protection Overlay Districts2F
IMPERVIOUSTABLE 4.2.6:
(NON-RESIDENTIAL)
DISTRICT
50% impervious surface limits4&R for all fire stations and solid waste collection centers. Stormwater Control
Measures(SCMs)are required if impervious surface exceeds 12%. [IJ,L2]-�
12% impervious surface limits for all other non-residential uses. f11, f21 ANB
HYCO-PW Oon-site infiltration of the first inch of stormwater runoff is required for all residential uses;A4D
FLAT-PW
For HYCO-PW and FLAT-PW,the total impervious surface limit(total Built Upon Area)for non-residential uses
is limited to-of 1%of the total watershed area(i.e., a total of 37 acres of impervious surface in HYCO-PW and a
total of 66 acres of impervious surface in FLAT-PW). [3T"'fP_rohed_fnr n s„lonf„l 6168 (37 aGres uvrn_
D1A/ 66 onroo in Fl AT_D\A/1 [1] 2170
24% impervious surface limit with curb and gutter. [1], [2]
36% impervious surface limit without curb and gutter. [1], [2]
L-ENO-PW 70% impervious surface limit with Stormwater Control Measures (SCMs)_required ifwhen impervious surface
exceeds:
24% (w/curb and gutter);or
_36% (w/o curb and gutter). [1], [2]79
HAW-PW 24% impervious surface limit. [1], [2]
JORDAN-PW
[1]Allowable impervious surface area may be modified in accordance with Section 4.2.8 of this Ordinancee-IdD9.
[2] Regardless of the proposed amount of impervious surface area, a Stormwater Management Plan (SMP)and/or a Stormwater
Control Measure (SCM)may be required in accordance with applicable local and State standards based on proposed land
disturbance and/or a project exceeding impervious surface thresholds as identified herein.
f3Al9TF- Non-residential use impervious acreage limits in watershed with such limits are calculated using the actual amount of
impervious surface for non-residential uses throughout the watershed, not by the overall number of acres of non-residential
parcels located in a particular watershed.
(A) Hillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the Lower Eno
- Unprotected watershed. Within the Hillsborough Economic Development
District, as designated in the Land Use Element of the Comprehensive Plan, the
maximum impervious surface ratio is 50%with Stormwater Control Measures
(SCMs).
4�64.2.7 Placement of Streets, Driveways, and Buildings
(A) Streets, driveways, and buildings or other structures shall be located, to the extent
reasonably possible, so as to take full advantage of the absorptive capacity of the soils
on which they are to be situated and to avoid the following environmentally sensitive
areas:
(1) Stream buffer zones as required by Section 6.13 of this Ordinance72;
70 Staff recommendations to improve reading clarity.
71 Staff recommendations to improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 4-13
Article 4: Overlay Zoning Districts 18
Section 4.2:Watershed Protection Overlay Districts2F
(2) Wetlands as defined by the U.S. Army Corps of Engineers;
(3) Land with slopes greater than 15%; and
(4) Natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats
of Orange County, NC.
(B) To avoid creating lots that will be difficult to build upon in compliance with the standards
of this Section, the preliminary plan shall show proposed building envelopes and
approximate driveway locations for all lots within subdivisions.
(1) A zoning compliance permit shall not be issued for the construction of buildings
or driveways outside the areas so designated on the preliminary plan unless the
Planning Director makes a written finding that the proposed location complies
with the provisions-of this Section and Sections 6.13 (Stream B ,ffors` and 6.14
of this Ordinance.73 (s+,,,-W,water MaRa.o..ent)
4 2 74.2.8 Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the following
provisions:
(A) Through variance procedures of the Board of Adjustment, as described in Section 2.10 of
this Ordinance74.
(B) Through approval and recordation of a conservation agreement, as provided in Article 4
of Chapter 121 of the N.C. General Statutes, between Orange County and a land owner
that prohibits development of land in a protected watershed in perpetuity, subject to the
following:
(1) A modification of the required impervious surface ratios may be approved
administratively but only to the extent that additional land in the same watershed
is conserved or protected from development.
(2) The land which will be subject to a conservation agreement must be adjacent to
the land proposed for development and for which a modification of the
impervious surface ratios is sought.
(a) As an example, a person owning a 40,000 square foot lot and subject to
a 12% impervious surface ratio would be limited to 4,800 square feet of
impervious coverage. If the person's plans called for 5,500 square feet
of coverage (a difference of 700 square feet), the recording of a
conservation easement on 5,833 square feet of contiguous property
would satisfy the impervious surface ratio requirements. (12% of 5,833
square feet is 700 square feet.)
(b) The conservation easement shall describe the property restricted in a
manner sufficient to pass title, provide that its restrictions are covenants
that run with the land and, be approved in form by the County Attorney.
(c) The conservation easement shall, upon recording, be in the place of a
first priority lien on the property (excepting current ad valorem property
taxes)and shall remain so unless, with the approval of Orange County, it
is released and terminated.
(d) Orange County shall require the priority of the conservation easement to
be certified by an attorney-at-law, licensed to practice law in the State of
North Carolina and approved to certify title to real property.
72 Staff recommendations to improve reading clarity.
73 Staff recommendations to improve reading clarity.
74 Staff recommendations to improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 4-14
Article 4: Overlay Zoning Districts 19
Section 4.2:Watershed Protection Overlay Districts2F
(7) The property owner, at its cost and expense, shall be required to execute and file
with Orange County a Performance Guarantee to cover the cost of removal of a
SCM, and any additional impervious surface area installed as the result of its
approval, in the event the SCM is failed to be maintained in accordance with the
recorded operations agreement. The Performance Guarantee shall comply with
the provisions of Section 6.22 of this Ordinance.
(E) Through qualification as a moderate- or low-income household, based on current
Department of Housing & Urban Development(HUD)criteria, specified as follows:75
(1) For residential development, up to a 50% impervious surface ratio may be
granted for households earning between 60% and 80% of HUD median
household income.
(2) For residential development, up to a 70% impervious surface ratio may be
granted for households earning less than 60% of HUD median household
income.
"�
(E) if all of the criteria of Section 4.2.4(A) are satisfied, an applicant may elect to apply thee
preexisting development regulations, as specified in Section 6 14(C) 76
75 This is a new subsection created to allow for modifications to the allowable impervious surface ratio for low to
moderate income residential households in the County.
76 The previous/legacy subsection E will be moved to the end of Section 4.2.4—its previous/legacy location is
erroneous and confusing to the reader.
Orange County, North Carolina—Unified Development Ordinance Page 4-16
Article 4: Overlay Zoning Districts 20
Section 4.2:Watershed Protection Overlay Districts2F
4.2.9 Water Supply/Sewage Disposal Facilities
The requirements and restrictions for water supply and/or sewage disposal systems located
within Watershed Protection Overlay Districts are noted in Table 4.2.9.77
DISPOSALTABLE 4.2.9:WATER SUPPLYISEWAGE
DISTRICT WATER SUPPLY/SEWAGE DISPOSAL
UNIV-CA Water supply and sewage treatment systems shall be limited to individual wells and on-site
UNIV-PW septic tanks systems or individual on-site alternative disposal systems. No off-site systems
shall be permitted.
For parcels created through the Conventional Subdivision process as detailed in Article 7 of
All Other Watershed this Ordinance septic and repair area shall be located in lot. Off-site individual septic
Overly Districts systems associated with parcels created through the Flexible Development Subdivision as
outlined in Section 7.12 of this Ordinance must be contained within Common Open Space
and approved by the Orange County Environmental Health Department.
New septic tanks and their appurtenances (including nitrification fields)and their o•tr'fiGat•on
fields shall be located outside of any stream buffers, or at a minimum distance from a
UNIV-CA reservoir or perennial/intermittent stream (as shown on the USGS Quadrangle maps)as
formally approved by the Orange County Environmental Health Department and in
compliance with applicable state health codes3_nn foot frern , Rl Ar
ntPrrn0ttPnt ;trP;;rn A,; qhnwn on the USGS Quadrangle maps,whichever is further.Z8
New septic tanks, pump tanks7-9 and their appurtenances(including nitrification fields)shall
be located outside of any stream buffers-, or at a minimum distance from a reservoir or
perennial/intermittent stream (as shown on the USGS Quadrangle maps)as formally
approved by the Orange County Environmental Health Department and in compliance with
CANE-CA applicable state health codes,whichever is further.80a.nd at least 100 foot from a perennial
U-ENO-CA
a reserve P.
New nitFifiGation fields shall be located outs 0 de of any strearn buffers and At IPA,t I
to-Aot ZlVI foot from
CANE-PW Water supply and sewage treatment systems shall be limited to individual wells and septic
CANE-CA tanks or individual on-site alternative disposal systems; provided however, off-site systems
U-ENO-CA shall be permitted when located in a Flexible Development subdivision approved in
accordance with Section 7.13 of this Ordinance.
This is a new introductory sentence to describe the contents of this subsection and Table 4.2.9.
78 Staff initiated text updates to clarify minimum separation distance from streams and reservoirs. This new
language better emphasizes the required involvement of the Environmental Health Department and eliminates the
150-ft or 300-ft reservoir setbacks that historically have been very difficult to enforce—specifically for legacy, non-
conforming lots that existed prior to reservoir construction.
79 Elimination of the text, "pump tanks",as this is not a defined term.
80 Staff initiated text updates to clarify minimum separation distance from streams and reservoirs. This new
language better emphasizes the required involvement of the Environmental Health Department and eliminates the
150-ft or 300-ft reservoir setbacks that historically have been very difficult to enforce—specifically for legacy, non-
conforming lots that existed prior to reservoir construction.
Orange County, North Carolina—Unified Development Ordinance Page 4-17
Article 4: Overlay Zoning Districts 21
Section 4.2:Watershed Protection Overlay Districts2F
DISPOSALTABLE 4.2.9:WATER SUPPLY/SEWAGE
DISTRICT WATER SUPPLY/SEWAGE DISPOSAL
UNIV-PW
CANE-PW
U-ENO-PW
HYCO-PW New septic tanks and their appurtenances (including nitrification fields)' shall be located
LITTLE-PW outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as
BACK-PW shown on the USGS Quadrangle maps.
HAW-PW
JORDAN-PW
L-ENO-PW
FLAT-PW
4.2.84.2.10 Orange County Watershed Matrix
Table 4.2.10 defines the land disturbance area thresholds (in square feet)that trigger the need for
an Erosion &Sedimentation Control Plan and/or a Stormwater Management Plan.
S1 Staff recommendation for consistent formatting.
Orange County, North Carolina—Unified Development Ordinance Page 4-18
Article 6: Development Standards 22
Section 6.13: Stream Buffers
SECTION
6.13.1 Purpose
The purpose of the regulations included in this Section is to protect County water resources by
establishing minimum buffers adjacent to streams, rivers, water bodies and other water features
and limiting development and other Land-Disturbing Activities within those buffers.
6.13.2 Applicability
The stream buffer regulations and standards contained herein shall be applicable to all streams
and water features, as follows:
(A) Streams identified by any of the following means:
(1) Shown as solid blue lines or as broken blue lines on the USGS Quadrangle
maps,
(2) Shown as water feature in the Orange County Soil Survey, or
(3) A water feature identified by a field determination of County staff trained in
surface water identification through the North Carolina Division of Environmental
Quality (NCDEQ).
(B) StreamSteam82 buffers shall extend around the perimeter of all water features if any
portion of the stream buffer of a stream touches the water feature. Disputes pertaining to
water feature decisions by County staff shall be filed directly to the North Carolina
Department of Environmental Quality(NCDEQ).83
6.13.3 Calculating Width of Stream Buffer
(A) Special Flood Hazard Areas
(1) Those streams identified by the Federal Emergency Management Agency
�FEMA)84 as having floodplains shall have stream buffers calculated from the
outside edges of the 100-year floodplain.
(B) Calculating Slope Value
(1) Draw 250' length perpendicular lines, at 200-foot horizontal intervals along the
entire length of the outside edges of the stream, or the outer edge of the FEMA
floodplain, whichever is greater.
(2) Determine the elevation at either the stream bank or the outer edge of the FEMA
floodplain, whichever is highest (Elevation 1), and at the point 250' from the
stream or FEMA floodplain, whichever is applicable, along the perpendicular line
(Elevation 2).
(3) Subtract Elevation 1 from Elevation 2 for the Difference.
(4) Divide the Difference by 250 for the Mean.
(5) Multiply the Mean by 100 to determine the "Slope Value".
(6) Perform this calculation for both sides of the stream or floodplain.
82 Typo fix.
83 Staff recommendation to eliminate the use of a technical acronym and improve reading clarity.
84 Staff recommendation to eliminate the use of a technical acronym and improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 6-92
Article 6: Development Standards 23
Section 6.13: Stream Buffers
(1) The buffer width adjacent to streams shall be calculated for both Method A and
Method B, and at any given point along the stream, the width of the buffer shall
be the larger of the two.
(2) The same method shall be used to calculate the buffer around the reservoir itself.
New structures shall be located at least 150'from the reservoir or outside of the
stream buffer, whichever is greater.
(B) University Lake Protected Watershed (UNIV-PW)
(1) The buffer width shall be calculated for both Method A and Method B, and at any
given point along the stream, the width of the buffer shall be the larger of the two.
(C) Cane Creek Critical Area (CANE-CA) & Upper Eno Critical Area (U-ENO-CA)
(1) The buffer width adjacent to streams shall be the width calculated using Method
A.
(2) Method A shall also be used to calculate the buffer around the reservoir itself.
New structures shall be located at least 754-5V5 from the reservoir or outside of
the stream buffer, whichever is greater.
(D) Upper Eno Protected (U-ENO-PW), Lower Eno Protected (L-ENO-PW) & Back Creek
Protected (BACK-PW)
(1) The buffer width shall be as calculated using Method A, or 150', whichever is
less, except where density exceeds 1 du/ac and impervious surface exceeds
12%.
(2) Where density exceeds 1 du/ac and impervious surface exceeds 12%, the buffer
width shall be calculated as above, but shall not be less than 100'.
(E) Cane Creek Protected (CANE-PW), Little River Protected (LITTLE-PW), South Hyco
Creek Protected (HYCO-PW), Flat River Protected (FLAT-PW), Haw River Protected
(HAW-PW) &Jordan Lake Protected (JORDAN-PW)
(1) The buffer width shall be the width calculated using Method A, or 150', whichever
is less.
6.13.5 Areas Outside of Watershed Protection Overlay Districts
(A) In areas not identified on the Official Zoning Atlas as Watershed Protection Overlay
Districts, a stream buffer a minimum of 50 feet in width shall be established along both
sides of streams identified per Section 6.13.2 of this Ordinance.86
(B) Stream buffers for Soil Survey streams shall only be calculated using Method A as
explained in Section 6.13.3 of this Ordinance.$'
6.13.6 Uses Allowable Within Stream Buffers
(A) General Standards
S5 Staff recommendation to reduce the minimum setback around Lake Orange from 150-ft to 75-ft. As Lake Orange
and many existing residential lots around Lake Orange were platted prior to the enforcement of Watershed
Protection Overlay Districts(January 1, 1994),the existing homes are inherently in violation of the minimum 150-ft
setback from the edge of the Lake Orange reservoir. The owners of these non-conforming lots must continuallv
apply for zoning variances when requesting home improvement permits or new construction permits around Lake
Orange. Decreasing the minimum setback from 150-ft to 75-ft will eliminate the need for intensive staff time
related to zoning variances specific to more than one hundred non-conforming Lake Orange lots.
S6 Staff recommendation to improve reading clarity.
$'Staff recommendation to improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 6-94
Article 6: Development Standards
Section 6.13: Stream Buffers 24
(1) Prior to any Land-Disturbing Activity within a designated stream buffer, the
property owner shall provide written notification of the location and nature of the
proposed use to the Planning Department for review. The notification shall state
that the use shall be designed, constructed, and maintained to minimize soil
disturbance and to provide the maximum water quality protection practicable.
(2) All Land-Disturbing Activities within a designated stream buffer require approval
of the Erosion Control Officer in accordance with applicable State and local
regulations, as well as all other required local, State and/or Federal permits and
approvals prior to commencement of Land--Disturbing Activities.
(3) The submittal of additional information and/or applications may be required prior
to any Land--Disturbing Activity within a designated stream buffer, in accordance
with the provisions of this Ordinance.
(B) Additional Standards for Allowable Uses With Mitigation
(1) Development proposals shall be submitted and reviewed in accordance with this
Ordinance and all applicable State regulations.
(2) Mitigation shall be provided in accordance with adopted State standards and
shall be approved and inspected by the Erosion Control Officer or his/her
designee.
(C) Allowable Uses
The following uses are allowed as a matter of right in stream buffers, subject to the
General Standards established in Section 6.13.6(A) of this Ordinance88, and any specific
standards for the use:
(1) Above-ground and buried utility lines for local distribution of electricity, telephone,
data, and cable television service, as well as accessory and appurtenant
apparatus such as poles, guy wires, transformers and switching boxes.
(2) Individual or community wells.
(3) Public water and sewer lines are permitted only as allowed by the Orange
County Water and Sewer Policy, and may be located within stream buffers only
to the extent necessary to cross the stream buffer as closely as possible to
perpendicular. Individual or community wastewater disposal systems are not
permitted in stream buffers.
(4) Public and private streets, bridges, railroad rights-of-way, and other similar travel
ways, provided that they enter and exit the buffer area as nearly perpendicular as
possible.
(5) Archaeological activities/projects conducted in accordance with all applicable
County, State and Federal regulations.
(6) Dam/reservoir maintenance activities.
(7) Maintenance of existing outfalls provided they are managed to minimize the
sediment, nutrients, and other pollution that convey to waterbodies.
(8) Driveway crossings on single-family residential lots that disturb less than, or
equal to, 25 linear feet or 2,500 square feet of stream buffer.
(9) Greenways and/or hiking trails six feet in width composed of natural materials at
least 30 feet from the top of bank of a stream or water body.
(10) Historic preservation projects/activities.
S8 Staff recommendation to improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 6-95
Article 6: Development Standards 25
Section 6.18:Affordable Housing
6.18.2 General Provisions
(A) An increase in density and/or an increase in impervious surface areaS9 may be permitted
for residential90 developments which provide on site or off site housing opportunities for
low or moderate income households.
(B) In order to qualify for an increase in density or impervious surface area, aA91 contract
shall be approved by the County Attorney and the Orange County Department of Housing
and Community Development(HCD) as a condition of Site Plan, Special Use Permit,
Rezoning or Subdivision approval guaranteeing that the reserved units will be purchased
by or rented to qualifying households, and shall be binding for a period of not less than 15
years from the date on which the unit is first occupied. The reserved lots or rental units
shall be indicated on the site plan, Master Plan, or Preliminary Plan.
(E])(C) See Section 4.2.8 (F)for additional information related to allowable impervious surface
area increases for moderate-or low-income households.92
6.18.3 Applicability
(A) A density bonus may not be approved for a project located within any Water Supply
Watershed designated in the Land Use Element of the Comprehensive Plan.
(B) A 25% density bonus for duplex or multi-family units may be approved in accordance with
the following:
(1) A minimum of 40% of the units are to be rented to families earning less than 60%
of Orange County median income, adjusted for family size, as determined by the
U.S. Department of Housing and Urban Development (HUD), hereinafter,
"median income", OR
(2) A minimum of 20% of the units are to be rented to families earning less than 50%
of median income.
(C) A 25% density bonus for single family residential development may be approved if the
greater of two units or all of the bonus units are to be sold to families earning less than
80% of median income
(D) A 25% density bonus for single family residential development may be approved if land
with suitable soils or access to public water and sewer is donated to Orange County for
the purpose of the development of affordable housing. The donated land shall contain at
a minimum the land area needed to develop the greater of two units or the total number
of the bonus units, in accordance with the zoning requirements of the district in which the
donated land is located, or with minimum lot size of 40,000 square feet in unzoned areas
(E) A 50% density bonus may be approved if at least 20% of the units are to be occupied by
families earning less than 50% of median income and the remaining 80% of units are
occupied by families earning less than 80% of median income. This bonus shall not
apply to lands which have been donated to Orange County in exchange for a density
bonus pursuant to Section 6.18.3(D) above.
6.18.4 Contract for Sale of Single-Family Residences
(A) Approval of the Conditional District, site plan, or preliminary plat shall not occur until there
is a executed contract between the property owner and Orange County, which shall also
be binding on future owners of the reserved lots.
(B) The contract shall be administered by HCD, and shall include the following provisions:
89 Planning Director has requested that we also allow an increase in impervious surface area to qualified low or
moderate income households.
90 Staff suggested language to add context to this subsection.
91 Staff suggested language to add context to this subsection.
92 Subsection reference for impervious surface increase allowances.
Orange County, North Carolina—Unified Development Ordinance Page 6-136
26
ORANGE COUNTY
PLANNING BOARD
ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: July 9, 2025
Action Agenda
Item No. 3
SUBJECT: Unified Development Ordinance (UDO) Text Amendment — Subdivision
Administration
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Proposed Amendments (37 pages) Cy Stober, Planning Director
(919) 245-2592
Taylor Perschau, Current Planning and Zoning
Manager (919)245-2597
PURPOSE: To review and comment upon a proposed government-initiated Unified
Development Ordinance (UDO) text amendment to the administrative requirements and review
processes for subdivisions.
BACKGROUND: The Orange County Planning Department has initiated an amendment to UDO
Sections 2.1, 2.9, 2.13, 2.14, 2.15, and 7.1 — 7.6. The proposed amendments are multi-faceted
in purpose and serve two primary purposes: 1) clarify the subdivision classifications of the UDO
and the review processes associated with each; and 2) in response to direction from the Board
of County Commissioners, make all by-right subdivision reviews administrative in nature, rather
than requiring actions by the Planning Board and BOCC.
Presently, the UDO language for Exempt, Minor Expedited, Minor Regulated, and Major
Subdivisions is inconsistent — though compatible — with NC General Statutes. The language
defining these classifications of subdivision also needs clarification and currently contains what
are effectively regulatory penalties for property owners of parcels 2.01 — 4.99 acres in area.
Associated administrative requirements (e.g. Performance Guarantees) also would benefit from
clarification and focus on the elements of subdivision strictly within Orange County's regulatory
purview.
Further, the current Major Subdivision administrative process requires applicants to present a
Concept Plan, Preliminary Plat, and Final Plat to the Planning Board for review, and both plats
to the BOCC for approval. The purpose of this process is unclear, as State laws require the
county to approve submitted plats that meet all UDO criteria. It is an apparent deterrent to major
subdivisions in Orange County and thereby in conflict with multiple elements of both the adopted
Strategic Plan and the 2030 Comprehensive Plan as they relate to Housing and Economic
Development. The Minor Subdivision administrative process is similarly cumbersome for no
apparent purpose. Clarity on the roles of staff, the applicant, and the public is also needed for all
subdivision processes.
Other amendments to reconcile internal impacts — namely internal cross-references to amended
sections — have yet to be made. In compliance with the Orange County-Chapel Hill-Carrboro
27
Joint Planning Land Use Plan and Agreement, the proposed amendments will be sent to both
towns for comment. Proposed text amendment language can be found in Attachment 1 within a
"track changes" format.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Existing staff, included in the Departmental staffing budget,
will accomplish the work required to process this amendment.
RECOMMENDATION(S): Planning staff recommends the Ordinance Review Committee review
and comment upon the proposed amendments to the UDO.
28
ARTICLE 2: PROCEDURES
• DECISION AUTHORITY
. :LE 01111116.
The following table provides a brief synopsis of the review and decision-making processes for
development applications.
DECISIONTABLE 2.11: REVIEW AND •-
•
ADVISORYZONING/DEVELOPMENT EROSION DEVELOPMENT
REVIEw RELATED PLANNING :..-. .
DIRECTORPROCEDURES :..•.
OFFICER
. .
Zoning Compliance R and DM R R
Permits
Erosion and
Sedimentation Control R and DM
Plans
Stormwater Management R and DM
Plans SMPs
UDO Text Amendments R R R[1] DM and
PH
Zoning Atlas R R R[1] DM and
Amendments PH
Special Use Permits R R R DM and EH
Zoning Variances R R DM and EH
Appeals/Interpretations R R DM and EH
Comprehensive Plan R R[1] DM and
Amendments PH
Subdivision Related
Procedures
Exempt R and DM
Minor R and DM R R
Major R and DM R R R And DM R and
f�} DM
r n++ ai n s+r + R{1} DAIS
ra
Appeal R DM and EH
NOTES
[1] The Planning Board reviews applications and makes a recommendation prior to the public hearing held by the
Board of County Commissioners. The Board of County Commissioners may choose to refer an application
back to the Planning Board at the conclusion of the public hearing.
SECTION[2] The Planning Board approves the GGnGept Plan for a Major Subdivisin-FI and then makes;—a rec-,emmend-ation
APPLICATIONS
2.2.1 Authority to File Applications
(A) Applications submitted under this Ordinance shall be submitted by the landowner, as
identified by the records of the Orange County Tax Office, or their authorized agent.
(B) If the applicant is not the owner, or sole owner, of the land, a notarized letter signed by
the owner(s) consenting to the submission of the application shall be submitted along
with all required application information and materials.
Orange County, North Carolina—Unified Development Ordinance Page 2-1
Article 2: Procedures 29
Section 2.9: Conditional Districts
extent deemed necessary by the Board of County Commissioners, incorporate the
amendments into this Ordinance.
(C) Text amendments to this Ordinance for stormwater provisions shall comply with the
requirements in effect for any other text amendment.
SECTION • : CONDITIONAL
2.9.1 Conditional Districts
(A) Generally
Only those uses listed on the Table of Permitted Uses in Section 5.2 for a specific
Conditional District and detailed in Section 3.8 of this Ordinance shall be developed.
(B) Applications
Applications to rezone property to a Conditional District shall be submitted to the
Planning Director and shall be processed in accordance with the procedure(s)for:
(1) Zoning Atlas amendment(Section 2.8),
(2) Site plans (Section 2.5)for Conditional Districts that require a site plan, and
(3) The provisions of this Section.
(C) Submittal Requirements
(1) In addition to the Conditional District application form, an applicant shall also
submit the following information:
(a) A site plan prepared in accordance with the provisions of Section 2.5 of
this Ordinance, except for Master Plan Development(MPD)-CD
applications (see (C)(2) below).
(b) A detailed description of the proposed use of property including an
outline of the proposed development.
(c) A detailed traffic survey, regardless of the estimated number of trips per
day, prepared in accordance with all applicable North Carolina
Department of Transportation (NC DOT) requirements or standards as
well as Section 6.17 of this Ordinance.
(d) The appropriate Environmental Document prepared in accordance with
Section 6.16.
(e) A landscape plan showing the location of on-site significant trees;
proposed screening, buffers, and landscaping; and any proposed
treatment of any existing natural features.
(f) A summary of utility services, including processing of wastewater. For
Home Park (HP) CD, the utility service plan shall specify if the proposed
services are temporary or permanent connections.
(g) A schedule of construction of all elements of the proposal.
(h) Any other information identified during the pre-application conference
deemed essential to demonstrate the project's compliance with these
regulations.
(2) In lieu of the requirements in (1)(a) above, an application for a Master Plan
Development (MPD) CD shall include the requirements in Section 6.7. The
requirements of(1)(b)through (1)(h)above are applicable for MPD-CD
applications.
(3) 26 copies of the application package required in (1) and (2)above shall be
submitted by the applicant.
Orange County, North Carolina—Unified Development Ordinance Page 2-29
Article 2: Procedures 30
Section 2.9: Conditional Districts
(4) The Planning Board and/or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a Conditional District.
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a
Conditional District, the applicant is required to schedule a minimum of one
Neighborhood Information Meeting (NIM). The purpose of this meeting is to
obtain surrounding property owner input and comments on the proposed
development project.
(2) The applicant shall send notice of the meeting via first class mail to each property
owner within one thousand feet of the property for which a Conditional District
has been requested. The applicant shall use Orange County Land Records data
to determine which parcels are within the one thousand foot notification boundary
and the mailing address of the property owners.
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The applicant shall post a sign on the property advertising the date, place, and
time of the meeting a minimum of 14 days prior to the date of the meeting.
(5) The applicant shall submit a recording, audio or audio/video, along with a written
report of the Neighborhood Information Meeting to the Planning Department at
least 14 days before a Planning Board meeting is held.
(a) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of
contact; a roster of the persons in attendance at the meeting; a summary
of issues discussed at the meeting; and a description of any changes to
the application made by the applicant as a result of the meeting.
(6) The meeting shall be held a minimum of 14 days prior to the date of the Planning
Board meeting where the application is scheduled for review.
(E) Review and Evaluation of Application
The review, processing, and evaluation of a Conditional District application is a legislative
process subject to judicial review using the same procedures and standards of review
that apply to conventional district zoning decisions.
(F) Approval and Conditions
(1) The Board of County Commissioners shall take action on the application to
rezone the property in accordance with the procedures outlined within Section
2.8.
(2) The applicant or the County may recommend that reasonable and appropriate
conditions be attached to the approval of the application
(3) Conditions and site-specific standards shall be limited to those that address the
conformance of the development to County ordinances, the adopted
Comprehensive Plan, or any other relevant plans that address the impacts
reasonably expected to be generated by the proposed development. Any such
conditions may address:
(a) The compatibility of the proposed development with surrounding
property,
(b) Proposed support facilities (i.e. roadways and access points, parking
areas and driveways, pedestrian and vehicular circulation systems,
screening and buffer areas, the timing of development, street and right-
of-way improvements, storm water drainage, the provision of open
space, etc), and/or
Orange County, North Carolina—Unified Development Ordinance Page 2-30
Article 2: Procedures 31
Section 2.9: Conditional Districts
(c) All other matters the County may find appropriate or the petitioner may
propose.
(4) Conditions of approval may include dedication to the County or State, as
appropriate, of any rights-of-way or easements for streets, water, sewer, or other
public utilities necessary to serve the proposed development.
(5) The applicant shall have a reasonable opportunity to consider and respond to
any requirements/conditions requested by the County prior to final action by the
Board of County Commissioners on the disposition of the application. The
applicant shall agree in writing to any conditions prior to a final decision on the
application.
(G) Effect of Approval
(1) Approval of a Conditional District is binding on the property and the development
and use of the subject property shall be governed by the Ordinance requirements
applicable to the specific Conditional District and all approved conditions.
(2) The applicant shall comply with all requirements established in the Conditional
District approval Ordinance. Only those uses and structures included in the
Conditional District approval Ordinance and approved site plan shall be allowed
on the subject property.
(3) Should the Conditional District feature the subdivision of the subject property,
that subdivision shall proceed in accordance with the final plat requirements of
Section 7.15.X.
(a) Phased subdivisions shall be permitted to be platted according to phase,
with Performance Guarantees provided according to the elements
featured in each phase.
(i) Sub-phasing shall be permitted at the Planning Director's
discretion, but shall not allow for proportional or partial provision
of Performance Guarantees.'
(2)
(H) Zoning Atlas Designation
Following approval of the Conditional District by the Board of County Commissioners, the
subject property shall be identified on the Zoning Atlas by the appropriate district
designation.
(1) Alterations to an Approved Conditional District
(1) Except as provided in Section 6.7.2 for MPD-CD projects, changes to approved
plans and conditions of development shall be treated as changes to the zoning
atlas and shall be processed as an amendment to such as contained in this
Article.
(2) The Planning Director may approve minor changes without going through the
amendment process. The Planning Director, at his/her discretion, may elect not
to allow any proposal as a minor change and will forward the detailed application
for changes to the Planning Board and Board of County Commissioners for
consideration in accordance with the procedures outlined herein.
(3) A minor change is one that will not:
(a) Alter the basic relationship of the proposed development to adjacent
property,
(b) Alter the approved land uses,
1 Clarifies that the phasing of by-right subdivisions and those approved through zoning is essentially the same.
Currently,there is a higher burden of commitment on phasing for conditional zoning projects.
Orange County, North Carolina—Unified Development Ordinance Page 2-31
Article 2: Procedures
Section 2.10:Variances 32
(c) Increase the density or intensity of development, audio
(d) Decrease the off-street parking ratio or reduce the buffer yards provided
at the boundary of the site, and/or.-
A(e) Alter the sequence of an approved phasing plan.2
2.9.2 Public Hearing and Notification Requirements
The requirement for a public hearing shall follow the procedures for a Zoning Atlas Amendment in
Section 2.8.6. Notice of the public hearing shall follow the procedures in Section 2.8.7.
SECTION1
2.10.1 Purpose
The procedures of this section authorize the Board of Adjustment to modify or vary regulations of
this Ordinance when strict compliance with the regulation or standard would result in unnecessary
hardships upon the subject property.
2.10.2 Application Requirements
(A) Applications for a Variance shall be submitted on forms provided by the Planning
Department in accordance with Section 2.2 of this Ordinance. Ten copies of the
application and supporting documentation shall be submitted.
(B) Applications shall include:
(1) The section reference, and copy of the existing regulatory language, that is the
subject of the application,
(2) A description of the specific modification sought by the applicant. For example, if
the request is for a modification of a corner lot setback requirement, the applicant
shall provide the exact reduction of the established corner lot setback requested
as part of the application,
(3) A plot plan, site plan, or other similar document(s) denoting the physical impact
of the proposed request on the parcel,
(4) A narrative outlining the answers to the five required findings detailed within
Section 2.10.4 of the Ordinance justifying the issuance of the variance, and
(5) Copies of any additional information deemed essential by the applicant justifying
the approval of the request.
2.10.3 Burden of Proof
Applicants shall have the burden of establishing by competent material and substantial evidence,
in the form of testimony, exhibits, documents, models, plans, and other materials, that the
application meets the requirements for approval of a Variance
2.10.4 Authorized Variances
A variance may be approved by the Board of Adjustment in cases where unnecessary hardships
would result from carrying out the strict letter of the Ordinance, when substantial evidence in the
official record of the application supports all of the following findings:
(A) Unnecessary hardship would result from the strict application of the Ordinance. It shall
not be necessary to demonstrate that, in the absence of the variance, no reasonable use
can be made of the property.
z The intent is to allow for sub-phasing(e.g. 1A& 113) but NOT to allow for making a subsequent phase earlier(e.g.
Phase 5 is now Phase 2),without re-review.
Orange County, North Carolina—Unified Development Ordinance Page 2-32
Article 2: Procedures
Section 2.13: Exempt Subdivisions 33
SECTIONSUBDIVISIONS
2.13.1 Generally
(A) Per g divisions of land that de n0t Gonstitute a must request a
do nnf nnnstiti-fe s--hd*visinn are fni-nd in Qerfinn 7 2 1 3
{B}LLOne copy of the final mylar plat and three one4 paper additional copyfes of the plat shall
be submitted with the request for a r7eterminatinn for an exempt su bdivisiop
{G}LLExempt subdivisions shall comply with all applicable+yen-plat requirements of this
Ordinance.
2.13.2 Review and Action
Planning D'reGtGF shall make a determinatie-n A-f the Iand diViSiOR's exempt E)F Renexempt
status.
{l!E1}LLIf the Planning D'FeGt)r-Department determines that the proposed land division is exempt
from deeC nnf Genstit„te a subdivision regulation, as reflected in Section 7.1, the Planning
DiFeGtOTDepartment shall certify the proposed land division as exempt afA-_by m, e-4e.
nenessary statement nnsigning the final plat Gerfif"iRg Sa
(q(13) If the Planning D'FeGt)r-Department determines that the proposed land division
constitutes a regulated subdivision, as reflected in Section 7.1, the applicant shall be
informed of such in writing and shall be required to submit the appropriate Subdivision
application.5
SECTION •R SUBDIVISIONS
2.14.1 Expedited Review
(A) Application Requirements
(1) Subdivisions qualifying for Expedited Review under Section 7.2.2 of this
Ordinance, as determined by the Planninq Department, shall require only an
application and plat for recordation.
(B) Review and Action
(1) The Planning Director shall make a final determination on the approval or denial
of the application within ten business days from the submittal of the application.6
(a) If the submitted plat meets the Expedited Review criteria of Article 7.2,
the plat shall be approved and signed. The Planning Director shall notify
the applicant of final plat approval or denial in writing.'
(b) If the application is denied, the Planning Director shall write to the
applicant detailing the reasons for denial as an expedited subdivision.$
s This language should focus on administrative processes.The classifications of subdivisions are clarified in Article 7
and that should be the primary reference.
4 Update for contemporary needs.
5 Rewritten for clarity.
6 Per Taylor Perschau: DAC is not functionally a part of review.Such subdivisions cannot be approved without
Emergency Services and Environmental Health approvals.
All subdivision approval/denial language should be consistent in UDO.
s Addresses clarity anc concision needs.
Orange County, North Carolina-Unified Development Ordinance Page 2-41
Article 2: Procedures 34
Section 2.14: Minor Subdivisions
2.14.2 Requlated Review
(A) Preliminary Subdivision Plat Review and Action
(1) Upon receipt of a complete Preliminary Plat application, the Planning Director
shall submit copies of the application materials to the Development Advisory
Committee (DAC)with ten (10) days for review and comment.
(2) The DAC shall review the plat and associated materials for compliance with this
Ordinance in addition to applicable local and State regulations.
(a) The applicant shall respond with revisions within 60 days of receiving
comment or request an extension.
(3) Upon receipt of the comments and recommendations from reviewers, the
Planning Director shall take action on the Preliminary Plat to approve or deny it,
with written explanation regarding any reasons that are the basis of a denial.
(B) Final Plat
(1) Application Requirements
(a) Applications shall be submitted in accordance with this Ordinance,
notably Sections 2.2 and 7.13.
(b) Applications shall include:
(i) One electronic copy of the Final Plat: and
(ii) Required ancillary documents prepared in accordance with
Article 7 of this Ordinance.9
(2) Review and Action
(a) The Planning Department shall determine if the plat and application
conform with all applicable regulations, as reflected in the DAC review
comments.
(b) The Planning Director may submit copies of the Final Plat application
and accompanying material to other officials and agencies, including
DAC representatives, for review and comment.
(c) If the submitted plat meets the subdivision criteria of Article 7 and
applicable development standards, the plat shall be approved.
(i) If the application is denied, the Planning Director shall write to
the applicant detailing the reasons for denial as a regulated
minor subdivision.10
(d) Performance Guarantees shall be reviewed in accordance with the
provisions of Section 2.27 of this Ordinance.
(3) Action Subsequent to Approval
(a) The applicant shall submit a mVlar original of the Final Plat to the
Planning Director for signature within one year of Final Plat approval.
(i) The Planning Director may grant an extension of this time limit
by one year from the original date of expiration if the applicant
files an extension request."
(b) The approved plat and any associated documents must be recorded
within 90 daVs after the Planning Director's signature, or the approval
s Updated to reflect contemporary standards and expectations
io From Taylor Perschau:Approval/denial language to be consistent throughout processes.
" Provide consistency throughout UDO
Orange County, North Carolina—Unified Development Ordinance Page 2-42
Article 2: Procedures 35
Section 2.14: Minor Subdivisions
shall be determined to be void and all materials will be required to be
resubmitted.
(i) The Planning Director may extend the recordation deadline upon
request by the applicant that they are unable to meet the
deadline for reasons beyond their control.
2.14 1 Review;-and Dee+smon Processes and \Subdivislons
inor
Flow Charts
itional Pre-application Meeting submittal
Review and approval of M of Concept Plan Application
c h.+i,asi„n nlira+irns shall adhere Vl@W)
to the proeess detailed hereir.The
annlirant shall demonstrate
rmmplianrc with the develnpmen+ Re'liew of Concept Plan Application by Orange
sta nrla rrls rnn+a i ned- in Article 7 of+his County Development Advisory Committee
9rdinanse.12
2.44.7 Types of Review Neighborhood Information Meeting
(Flexibl Development with more thaw 5 lots)
(^) Traditional Review
q, hdffivffis;ffiPnq that do not
qualify for Expedited C?e„ie,^, Initiation of Final Plat Applicati%)n Process
U Rder cer+il,n 7 7 7 of+his
Qrd'RaRGe, shall adhere to the
+radi+irnal review
rrmnrised of a Genres+ Plan Issuance of CoYdrage,
Completion of
an,+ Final Plat Annlira+il,n Septic&Well Final Plat
Improvement Im Application&
(B) Expedited Review Permits (roa Survey
Experli+od Review under
cer+inn 7 2 r-f this ordinance Installation of I uance of
shall require nl„ Required PS by
appliGat'GR and plat for Landscapi g Scho I Board
7 4A 3 Expedited Review
(A) Review and^ot+en Submittal of Final Plat
0) The PI D,irestor Application
shall de+ermine if thplat and application
conform with the Recordation of Plat and
requirement of Development Agreement at
car+inn 7 2 7 of this Orange County Register of Deeds
L / N
eftheappliG -- wmthmn fi�,P' business days from the submittal of the appioGation.
12 Diagrams/flow charts are useful guidance documents and should not be placed in a regulatory document.
Orange County, North Carolina-Unified Development Ordinance Page 2-43
Article 2: Procedures 36
Section 2.14: Minor Subdivisions
(4)if tThie-cappnpliGatien isappreved, the Pl�ni'^gDiF26t0F shall netify the appliEa
(5) If the adenied,plicatien is the Planning director shall issue a le+ter to the
i�
for potential
13
/' The Planning Direr--Wr.cshall sign the plat and aGGOFnpany then pplican++o the
!l#ice of the Register of Deeds for recorrlinn
14 4 CnIl ept CIap14
The appliGant shall prepare a sketGh plan of the prc)pc)c-;ed- and- sp-hedule an
During this initial.
appo ntment With the Planning Department for initial review and r-nns--Itation
me " _ 11 -1 ning Depar-tme.nt shall ad-vicSe the subdivid-e-r P-.r his/her. authorized agent of the
regulations pertaining to the proposed subdivisien, of any ebviGUS GhaRges required OR order to
and subrnossien of the Gencept Plan
(A) Application Requirements
/tom)A n ti e n s shall am, submttedOR
forms n �iirler! by the Planning
Minor Subdivisions Department in aGGgrdance with
(Expedited Review) Sectign 2.2 of this ordinance.
M1 shall de•
r�� +ea#isn�.sh�rc��
Submittal of Expedited Review ,a, TyGEe�S-ef the ssa�I
ed
Application & Plat rencept Plan drawn +e
thespecifications o��tlinerl
ap��Tr*vucrvI-r.�--varrn�ca
in Sec+inn 7 9 A 4
Review of Plat by Orange County (b) A ViGinity map showing the
Development Advisory Committee
in relation to the existing
street or highway system
Recordation of Plat at Orange (G) .4 seris ss+#i^ ,-ma
County Register of Deeds for the property
(d) A topography man of the
+ property.
) ap=eAJn showing tin�ii�.v.n yr-n r.rnnm ita�sensitive areas non-n the_ roeFty (i
streams inietlands special flood hazard areas' wing overlay districts
'conservation easements etc \
(f,))For �Ainnr utilizing the Flexible Development Option a Plan
illustrating proposed lots for resid-ential use and (`Ammon Open Space
(Primary and Secondary) as well as the treatment of passive and active
open space areas (e.g., natulra ndist urhed areas trails reGreatienal
aMeRitieS).
(B) Neighborhood Information Meeting for Minor Subdivisions utilizing the Flexible
Development Option 15
is Expedited subdivisions are mandated by State law and this language unnecessarily complicates a statutory
review.
14 The concept plan has rendered itself nearly useless-applicants are either unprepared for the Concept Plan's
requirements or they have assembled the data to proceed with preliminary platting.
Orange County, North Carolina-Unified Development Ordinance Page 2-44
Article 2: Procedures 37
Section 2.14: Minor Subdivisions
!T- ) A moner subdivision app'pliGa+r'rnvr"rusing the Flexible Deve(OpMeRt QPt'GR hu'Irlr
require a Neighherheed Informs+inn Meeting (NIM) if i+ prepeses mere than five
lets exG' ding G
(2) As a t o ept Plan a.npnpliGa+inn the annlinan+shall ilea
Nemghberhood Information Meeting (NIM) and shall obtain property owner mailing
address infnrma+inn from Orange County Land ReGnrds data and mail notices of
the meeting +n each oi.yner of property iNithin one thn sand feet of the property
proposed to be subdivid-ed.
(3) AIG+iGes Gf the NIM shall he moiled by first Gloss moil at least 14 days prier to the
date of the meeting.
(4) Tq liGa„rsh shall lasses � affected er# diGa+inn tnet
r*� �R �a g n �p �� �z
number n�Ge+t the date, d IGGa+ien f the NIM; d the
s-p�spesed, , i:i�e, ae��.�r«�„�-a„�-R,�
PPlann'Rg Department telephone number. The sign shall be pesfed GR the
affeG+ed property at least 14 days prier to the NIM. The NIM shall he held a prier
+G Final Plat AppliGa+ien submittal.
(5) The purpose of the-NI A is for the annliGan+to present the proposed C;Gneept
Plan to Tsen on tten�r Ge to answer questions about the proposed
subdivisiGn and to receive Gnmments from neighboring property owners for the
purpose of improving the proposed subdivision design
( The-appplliGarnrt-q-.h A-." submit TeGordinn au Odin nr a�Odin/�iid�, along with a wrottenr
roper+of the Neighherheed Inferma+ien Meeting to the Planning department at
least 14 days befere submittiRga Final Plata pliss+ien fer+he subdiyisien
(a\ ++ rt f the meeting shall ' �de lief f these ers9ns-and-
��T#e�yn�tenTepe,T-o,�r< ng- a.r;n �� �o �
nrganizatiGns Gen+anted aheut the meeting and the manner and date Gf
GentaGt; the time, date and IGGa+ien of the meeting; a ester of the
persons in attendanne at the meeting; a summary of issues at
the meeting; and a des Griptinn of any Ghanges to the application made
by the applicant as a res--It of the meeting
(G) Revoew and Arflon
0) The Planning Department shall review the Gent Pla�general nnmplianne
yii+h the req uirem ts en of this Ordinance N
(2) A completed Concept Plan application shall be entered into the permit record and
Nplaced on the agenda of the next available meeting of the development Advisory
Committee (DAG)
(3) The p4Psholl review the Concept Rlol_�_�an_foor general cnmplianGe With established
Subd'vms'on development standards detailed in Article 7 of this Ordinance as w
as compliance with other applicable local and State regulations.
(a) The rev ewshall ndude determining the presenee of any sites ideetified
fin "A�ven+n�SSite f Cultural, Hi riG ReGreational, BiGIGgiGal and
GeelogiGal Signif'GanGe on the UninGGrpGrated Portions of Orange
County" and "Inventory of the Natural Areas and Wildlife Habitats oOrange GGLIRty, North Gare"Ra".
(4�4) The door shall make a recommendation to the Planning director regarding the
application no later than five business days after the DAG meeting
`5) The Planning director shall make a final determination on the approval or denial
of the application within five business days from the submittal of the DAC
recommendation
is This is a procedural deterrent to the flexible development approach (aka "conservation subdivisions")and has no
apparent purpose other than to burden a by-right minor subdivision process.
Orange County, North Carolina-Unified Development Ordinance Page 2-45
Article 2: Procedures 38
Section 2.14: Minor Subdivisions
(6) if the appliGatienris approved theme ;reGtGF shall issue a l f ette�-�r
approval ai i+herizinn the applicant+e herein the pFOGess of rleyelepinn the Final
Plat-Capp�nlicva package The GencQppt Der shall for valid for one dear fr frvm the
date of approva4-.
(7��ithe application is denied, the Planning Direr+ceer shall 0ss,ie a letter to the
for potential approval.
2 44 5 Final Plat
Upon approval of the GO.AGept Plan by the Planning D*reGtC)F, the subdivider may pr()Geed with the
preparation of the Final Plat
(A) nlinationn Requirements
0) AppliGatiens shall be submitted An fA'r'rnq provided by the Plann'Rg Department
aGGGrdanGe h Q jai+ e c+in n 7 f thi 7 os nryti n A nce
(2) Appli .Fattens shall indude:
(a) Ten eep:es of Final Plat prepared„ aeserdanee with Sestien
7 1 1(B) of this Orrlinance-
(h�) A GnpY ef-tcrhre Final Plat ind-iGating Health Departmentapprevaal/deRial for
each let shGWR thereon;
(G) AuxffiliaFy dOGUMeRtSprepared in accnry-lanne vVith Article 7 of this
(lrrlinance�nihinh a re cnmpletinn andwer maintenance of required
Ifrl Tte nvG_'_ImeRt6 ``^^�nnli dei i ht not he limiter) to a
rt private read m p+epapce a "' may any neGessani Rerfnrmonnn
Guarantees fer required im en+s• and guarantee of ins+ally+inn of
aRY red rear! signs;
(d) A pyf thFinal Plat indTiGarinn appreval f the plan to GG
sed4mentatten n norl
and er0Sf(�„ during GenSt1 of imnreyements. Where
an Frosinn and Sedmmenta+'on Control Plan is required, it shall comply
with the_provisions_of_Section-6.15 of this Ordinance. If on Gros'np opal
Sedimentation (`nntrnl Plan is not required, the cnnv of the Final Plat
must be signed by the Erosion GA-Atr9l QffiGeF certifying that a-plan
has been approved or the amni int of la�diaturbaanr a on +fie
Fs not setjest tzO the prw�sione Sep' n 6.15 of. +h i rd i n a n eta
(e)A statement dessnb.ngthe metes prepesed to protest environmental
decoy irons identified in "An Inventer y of Cites of f i ilti ilia) L.listnrin
Recreational Biological and enlnnical Significance in the i
(_
County"Unincorporated Portions of Orange "Inventory
Natural Areas and 9w Idl fe Ii""Itap tots v " 16
a i i i f grange County, North Sarelina .
(B)Revoe..T_and aStier►
(1) The Planning Director shall determine if the plat and application conform with all
applicable rent lotions
(2) Auxiliary dGGUrnents required by AFtiGle 7 shall be submitted by the Planning
director to the County Attorney for review and recnmmendatinn
(3) ThePlanning DireE r may submit e8 S A-f tihFinal Plat applies ' and!
1�� �Tr `v'-'r'c�3r Ar'�Tr pTc
acnnmpa nvi nn material to other officials and agencies fnr rp_ yA&ey and comment
OtrhrerPetential reviewers inC ude but are nn+ limiter! +n.
(a) NG nor
t r�-,
ie Updated to reflect both contemporary standards and platting requirements already detailed in Article 7 that do
not need to be reiterated
Orange County, North Carolina-Unified Development Ordinance Page 2-46
Article 2: Procedures 39
Section 2.14: Minor Subdivisions
(b) Grand rn�gyp+„ Ccheels,
(s)9raRge CGURty L-a„d Reserds,
(e)Ora"e CountyE virenmen+al Hearth
(f) Orange County �0s8nr Gernn+rrelr
(9) Ora"e CountyE i eer.—1
(h) Puhlin I Itility Gc)mnanies
Orange County Department of Environment AnriGYRUFe Parks and
N r.rrc-vr T,77�.�. �r-rn-rc.T-arra
Reereation(D€AP R).17
PFGV I i+ahility of the p�reppe I to--A--- f+hey
s1e,�arsuitability, ^so sa��eso;,,�;yenrda nr, oIp
reviewers-r�be he nC�fpe,=ia�+ � Rdi+inp f approval of the su b diyisiep
� �C��,o,T
(5) Theme D;restor shall take aGtien en aR appliGatiGR solely eR his/her
either:
/a\ Approve the appliGation; or
/h�\�Approves;18
(G) Deny the app"Ga
/L'�D nrmanne (`_uaronteeq 1;hall he reviewed in ar-pordanGe with the provisions f
Cectien —2 27 of+his Ordinance
l7�)The Ranning direr++ror.,;hall notifyshe a ntof the action in iNri+inn
(C) Asfion Subsequent to Approva119
/4\ li + II submit d dbl lar original f theFipal Plat to the
r-r� F,arrr urrS{�vmrc-a-Te'�rvaa rely=car-vrryn�u,-vr�T
Planning Director for endorsement within one year of Final Plot approval
(2) The Planning Director may grant an extension of this limit t�z_too_oone-year fA�_rorn
the n al date of expiration if the a plican+files a e..+ension application in
aGGE)rdaRGe yimth Con+inn 2 2
(3) The Planning DiFeGtOF shall obtain all required P-ertifir--atk)n signatures and shall
endorse approval of the apprGved Final Plat on a reprodUdble rnylar original aftef
all etheF GeFtifiGation signatures have been obtained. The Planning DireGtGF 6hall
prepare the Declaration of Restric+inns
(4) The Planning Director shall notify the applicant when all required certification
S jgnat_aturereThave been obtainer! and County Attorneyreview is__Complete. The
applicant shall then make an appointment with the Planning director to have the
approved plat and any asseciaterd documents necessary to ensure conformance
with regulations recorded 'n th�rrzr e Offrc�lffcer of the Register of Deeds. The ay-approved
plat and any associated dos must
documents mst he recorded within 90 clays after the
Planning director's endorsement of approval
17 Language revised for clarity—DAC and its duties clarified in Article 1.
18 There are no grounds to impose conditions on a by-right subdivision.
19 These are all requirements of Article 7 or inherent to the requirements specified therein.The language is
redundant and unclear.
Orange County, North Carolina—Unified Development Ordinance Page 2-47
Article 2: Procedures 40
Section 2.14: Minor Subdivisions
ram\
T# ,r e�la �nninn nirecto;sk;a,r-a aeserr��t liear t+ +he Register f Deeds
- r< r e�,T ;
Offiee to ensure the approved plat and o required .dGG Umen+s a er.de.d in
the enrreet order and to IN in the honk and nano references where annlieahle
nUmenta shall he numbered On the order they are to beeTeGOrQed The n� �
��
(a) Approved plat
/h�\� ad Mye�i4rr ntenennGe Agrreeme�Te�ired
(G) Deslaratlen v ReW o�vtiav
(r) HomeAwners/Prnnerty Owners' Aea 'atinn rincuments, f rYeeg4ired
!R\ he plat is + ded within the es+fied time eried,the plat is
�� approved no�eser� asp �� ��
VMS
(7)The D;restGF may extend the deadline for-ressrdatiGR or"ovvo'rved�+hioc
app"Gai t Gan demonstra-aic-a-geedvd faith refforvrt to-GGMp1y with the dead"Re, but
reasons beyond his/her Gen+rel foils to meet the r ants for re nrrlo+inn
vr�.�ithin the s ifi ced n ed
i
(8) AN final plats shall Gonform to drawing speGifiGations and Ger+ifi�e
renu Waments for Cinal Plats nnntaine`+ in Qention 7 1A Z of this Or`tinanne
(9) ReGordation of the approved finalplat, and EMY required auxMary iJnn�amen+a+inn
shall he w0th the advice and consent of the Planning rlirentnr
Orange County, North Carolina-Unified Development Ordinance Page 248
Article 2: Procedures 41
0 Major Subdivisions
MAJOR SUBDIVISIONS
Major Subdivisions Pre-application Conference
Determination of the correct application venue of the division of
land: Exempt Subdivision, Minor Subdivision, Conditional District,
a standard Major Subdivision
Finding Concept Plan Application Completeness and issua ce of a
letter to the applicant
Referral to a Development Advisory Committee of a Concept Plan
_E Public agency review of the C ncept Plan: AA ::1
ing
Planning Board Review & Appro I of Concept Plan
Prelimina Plat pplication
Finding of ApplicatAto
pleteness and issuance
of a le applicant
Referral to Development dvisory Com ittee of the Preliminary Plat
anning Board ReAiendec mendation of thery Plat
Board of Co ty Commissioner's acceptance of"
f a Planning Board
recom endation(s) and action regarding the P liminary Plat
App'cant completes all required public improvements r posts
acceptable financial security to ensure installation
Final Plat Application
Planning Director Review/Approval of Final Plat
20 Zo Di ms flow charts are us R Gorda ion f Fi I P t regulatory regulatLory document.
Orange County, North Carolina—Unified Development Ordinance Page 2-49
Article 2: Procedures 42
0 Major Subdivisions
2.14.3 Preliminary Plat
(A) Application Requirements
(1) Applications shall be submitted in accordance with Section 2.2 of this Ordinance.
(2) Applications shall include:
(a) One copy of the Preliminary Plat of the proposed subdivision prepared in
accordance with Section 7.14.2(B) of this Ordinance;
(b) Auxiliary draft documents including, but not limited to: private road
maintenance agreement, homeowner's association articles of
incorporation, and homeowner's association restrictive covenants.
(3) The applicant shall hold and document a Neighborhood Information Meeting as
required by Section 2.XX
(B) 211PIanning Director Review and Approval Procedures
(1) .22
(2) Upon receipt of a complete Preliminary Plat application, the Planning Director
shall submit copies of the application materials to the Development Advisory
Committee (DAC)with ten (10) days for review and comment.
(a) The applicant shall respond with revisions within 60 days of receiving
comment or request an extension.
(3) The DAC shall review the plat and associated materials for compliance with this
Ordinance in addition to applicable local and State regulations.
(4) Upon receipt of the comments and recommendations from reviewers, the
Planning Director shall take action on the Preliminary Plat to approve or deny it,
with written explanation regarding any reasons that are the basis of a denial.
(C) Actions Subsequent to Preliminary Plat Approval
(1) The Planning Director may issue relevant development permits approved as part
of the Preliminary Plat approval.
(2) If the applicant proposes to substantially amend or modify the approved
Preliminary Plat such that it will alter its layout, design, number of lots, associated
amenities, and/or phasing, the Planning Director shall require a new preliminary
plat application.23
(3) No building permits shall be issued to develop any lot or parcel shown on the
approved Preliminary Plat until a Final Plat showing such lot or parcel is
approved and recorded in compliance with this Ordinance.
(4) The approval of a Preliminary Plat shall be effective for one year from the date of
approval by the Planning Director. By the end of said time period the Final Plat
application, or, in the case of phased projects, the Final Plat for Phase 1, must be
submitted to the county for review.
(a) As allowed for by Item (E)of this Section, any parts of an approved
Preliminary plat not represented in an approved final plat shall expire one
year from the initial preliminary plat approval .
(b) If a phasing plan for construction of the subdivision is approved, the
expiration date of the Preliminary Plat shall be governed by the time
21 Highly redundant requirement,as this is required by FEMA, NCDPS,and Orange County, per Article 6.
22 Again, redundant and unnecessary language
2s From Taylor Perschau:Seems nearly impossible to qualify for a "minor change." Otherwise,we need to quantify
what"substantive" means.
Orange County, North Carolina—Unified Development Ordinance Page 2-50
Article 2: Procedures 43
0 Major Subdivisions
period(s) approved as part of the phasing plan and any vested rights
established for a Conditional Zoning or Special Use approval.
(D) Preliminary Plat Re-Approval
(1) Should a preliminary plat expire, the Planning Director may re-approve that
Preliminary Plat, or portions thereof, provided any changes to the original design
are considered minor, as established in Section 2.15.3(D)(4)(a), no more than
two years from the original approval date.
(2) The re-approved preliminary plat must be reviewed by the DAC.
(3) Only one administrative re-approval may be approved for any subdivision. A re-
approved Preliminary Plat expires after one year, upon which a new application
for a Prelminary Plat is reguired.24
(E) Phasing Plan
(1) A development phasing plan consistent with mil;-X may be approved as
part of the Preliminary Plat (hereafter"the phasing plan").
(2) A phasing plan may be amended upon application by the subdivider and at the
Planning Director's discretion.
(a) An applicant's request to amend a phasing plan shall provide a rationale
for why the amendment is justified and consistent with the previous
approval(s)for development.
2.14.4 Final Plat
(A) Development Improvement Requirements for Final Plates
(1) Prior to approval of a Final Plat, the subdivider shall have installed associated
improvements required by this Ordinance or Board approval, including but not
limited to: landscaping, roads, stormwater infrastructure, lighting.
(2) A subdivider may submit a Performance Guarantee to ensure installation of
required elements for final platting, as provided in Section 2.27 of this Ordinance,
and pending approval by Orange County.
(3) If a Performance Guarantee is to be submitted to Orange County, it must be
submitted for consideration and review accompanied by a Professional
Engineering estimate or similar professional assessment of the cost and
completion of the improvement for review by the Planning Director.
(B) Application Requirements
(1) Applications shall include:
(a) Applications shall be submitted in accordance with this Ordinance,
notably Sections 2.2 and 7.13.
(b) Applications shall include:
(i) One electronic copy of the Final Plat; and
(ii) Required auxiliary documents prepared in accordance with
Article 7 of this Ordinance.
(c) Any necessary Performance Guarantees, as determined by Orange
County.
(C) Review and Approval Procedures
24 The statuory vested rights render this power moot,should anyone seek an initial extension.
21 Make it clear that all improvements must be provided or bonded prior to final plat approval, and providing
references to requirements on how to do so.
Orange County, North Carolina—Unified Development Ordinance Page 2-51
Article 2: Procedures 44
0 Major Subdivisions
(1) The Planning Director shall determine if the plat and application is complete,
including if there are any actions that must be taken by the Board of County
Commissioners to finalize the subdivision's realization, including, but not limited
to, right-of-way dedication, acceptance of public amenities, or receipt of
payments in lieu of provision of recreation amenities.26
(2) Ancillary documents as required by Article 7 shall be submitted by the Planning
Director to the County Attorney for legal sufficiency review.
(3) Upon review and, as appropriate, approval of all submitted application materials
the Planning Director shall approve or deny the final plat, with written explanation
regarding any reasons that are the basis of a denial.
(a) Final plats featuring elements requiring Board of County Commissioner
approval shall be referred to the Board with a Planning Director
recommendation of action.
(D) Actions Subsequent to Approval
(1) The applicant shall submit a mylar original of the Final Plat to the Planning
Director for signature within one year of Final Plat approval.
(a) The Planning Director may grant an extension of this time limit by one
year from the original date of expiration if the applicant files an extension
request. 27
(b) The approved plat and any associated documents must be recorded
within 90 days after the Planning Director's signature, or the approval
shall be determined to be void and all materials will be required to be
resubmitted.
(2) The Planning Director may extend the recordation deadline upon a request by
the applicant that they are unable to meet the deadline for reasons beyond the
applicant's control.
2151 Review and Oecision ProGess FIMM Chart
2.15.2 Con^eptPI�Avi�L'
(A)Pre-Application eview
aGGeptable subdivision proposals, eaGh subdivide, ii- aged to meet with the
The purpese A-f this inffi-Rm.ai meeting is to intrc)dUGe the appliGant to the previsiORS of this
llrrlinonGe and disnUce his/her nhientnces in relation thereto
(B) On-Rite Nj0S;0t29
26 Clarifies that the County Commissioners do retain power of approval for any dedications associated with a
subdivision, but that it is—and has been—an administrative matter.
27 Maintain consistency within document
28 Concept plans are not useful.Applicants are either underprepared to provide Concept Plan information or fu Ily
prepared to provide Preliminary Plat information.
29 The on-site visit is intended to identify most valuable areas of a property for conservation. This is not what
occurs on these visits.These data are best generated by computers and provided to staff.
Orange County, North Carolina—Unified Development Ordinance Page 2-52
Article 2: Procedures
0 Major Subdivisions 45
!�\ p�-�o�submission ^�enEe + Plan liGa+ien the ppliGant .all ule a
1T� �n-r�-r-api�** gip** shall ss�ed
mutually
Gervenient time to walk the preperty with the RaRning DireGter. The
purpose of this visit is to famillari-e the Planning rlirectnr with the property's
Areas,SpeGial features, and to pre-vide an informal opportunity to offer guidanGe to the
appliGant regarding the tentative of SeGondary Open SpaGe
potential dwelling Incatinns and potential street alignments
(2) Pr o sdhp-d- 'ling the on-site visit, he ono t shall have prepared the Site
Analysis Map as required in Cention 7 1Z 2(A)/Z\ and shall submit the Site
Analysis Map to the Plann n the nn_site vici+ is srhed-d
(3) if thin-er- %4smt RGt_SEhed-urIp-d-vhetAcv avhrmrri+c+aorl A-fr the GenGe t DlrrnonT
nlica+ion it shall oGGUF prier to the Neighherhoed Infermo+inn h4eeting
(C) App"Gation Requirements
0) AppkatieRS shall be submitted- AM fn-.rrnq- provided by the Plann'Rg Department
aGGGrdanGe w-H!. Faction 2.2 of+his ordinance
(2) AppliGatiens shall indu
(aa) A QFaRge GGURty Geographip- Infnrma+ion Systems !A"_I p showing
the IE)Gatm()R of the PaKee .
/h�\)2d5 GGP:88 of a GenGep+ RaR of he proposed majorsubdivision prepared
in accnrdanne with the snenifinations fnr(`oncept Plan draw'Rgs as
marred i Co�+tin-n 7rT13-. \ of this A !'`nnnen+ Plan shall
incl�ode the follewing:
A4 Site Analysis Muir
�A GGRventiGRal oevelepmen+Optien; d
�A4 Flexible Develepmen+der.
(3)In 1iee r'�rree-pa GGRGep+ Plan o e GenEep+ Plan may he submitted Of the
applicant is seeking approval only of a Flexible development Plan The applicant
may also cnmhine the Site Analysis Map and the Flexible development Q. inn
into a single plan provided the informa+inn required in Section 7 12
r! 7!A\ is
displaye in a nle'ar and legible form If an applinant cheeses this eptinn he/she
shall nnmply with the provisions fnr determining density non+wined in Cectinn
7.1'�T
(4) A comparison of_tttheimpaacts of thheFlexi�c_efnble Development Option to those that
would result from the Conventional development Option.
(5) A checklmst dentifying cons.stency with applicable design guidelines as contained
in Section 7.12.8(B).
(6) Number 10 (business) sized envelopes with first dass postage affixed addressed
to each owner of property within 1,000 feet of the property proposed to he
subdMeled. The names and addresses Of PrOpeFty GWR8FS shall be based on the
nUrrent listing as shown in the Orange Ge unty Land Re ords System.
(D) Neighborhood Information Meeting
/�`\'�J� Asap��nen+ of a Gepr+ent Plan annli ation the apnliGant shall S+n� le a
r-r� "'Y"" Tyra-wTT MT^�PF�'T �T�PP'T rrr cnr 'u'r�a
address i.fnrmation from Orange County Land Records data and mail notices of
the meeting to each owner of property within one thousand feet of the property
proposed to be subdivided.
(2) Nofices of the NIM shall be mailed by first class mail at least 14 days prior to the
date of the meeting
Orange County, North Carolina-Unified Development Ordinance Page 2-53
Article 2: Procedures 46
0 Major Subdivisions
!Z\�The i�li ca„+rshe.IIrp.lmee-a e� +he fnfesfed property eating the tetal
number o�ov+c �he�� d leca+ien f the NIA• d the
s--prspesed , tome, i�nna,o�.�r«�„�-a„�-R,�
Planning Department telephone number. The sign shall be nosted nn thp
affected property at least 14 days prior to the AIIMA The A"P cho" be held
minims rn of 14 `lays prier to the Planning Board meeting at whinh the concept
plan is sehedti dedt +n he reviewed
(4) The purpose of+h�T to WINA is fr.r+he anplieon++n present the pep+ Plano
persons on attendanGe, to answer questin—ns -;;-hn---lt the proposed Subdivision, and
to r Gee a en+c from neighboring n party n s fer+he nurposeh' of
i rnpreyinn the proposed subdJiyisien design
(5) The appliGant shall submit a reGerding, aud—ie- A-.r W-w-lielvidee, a'E)Rg with a written
report of the Neighberheed+ Inferp,a+inn Meeting to the Planning department at
least 114 days -hpfn-.rt-- cR"hmiitting the Prein� Plat.-
(a) ++ r+ f th II ' die li f+he .J
��T�e�tenTe��-�,Te�eefi,,ash a.,-�Tc��Rst�ose�ersens-ar;a
n rgan rations nnn+antert about the meeting and- the manner-and- date of
�+e n+rrcavt�ltteimmi�date, and Inns+inn of the meeting; a meter of the
persons in attendance at the meeting; a summary of issues d•lico issed+ at
the meeting; and d+eseriptinn of any nhannes to the application made
by the applicant as a result of the Meeting-.
(E) Plannong DoreGtor Rev+E-IM ProGedures
0) Theme DireotGF shall prepare and submit TesGMMend the
Planning Beard which shall includ+e the felleWing•
(a\ '++ lysis f the f`nn t Ran•
c��A��en�„a���+�-o,-R,�-o�ee�r,-��
/h\ The GGRGe pt RaR's-g e+era Ir ee;p„lian ee�'+h the requ;remenis�f this
Ordn,anee, the Gemprehensive Plan and ether applicable cedes and
e rvrdirnrairce sad
(s)TheEe r enterof neighboring property Gwners expressed at the
Neoghberhood Information Meeting.
(d•I�))WhiGh Dey pmen+Option Plan is reGORIMrrended foreventual
Preliminary Plat processing
(2) The PlanningDiFestGF shall be permitted tG defer the appliGation and
recemmeprJ a+ion for one meeting beyond- the Planning Beard meeting at which
the application is scheduled to he heard
rFPlanning Board Review and Approval Procedures
0) After receiving the Planning Director's report and recommendation, the Planning
Board shall consider the Concept Plans and take action on the proposals
(2) The Planning Board shall base its action o�_r_i=n its findings as tn�_�o the Conformity e
the proposals with all applicable regulations and shall:
(a) Approve one Developmentti
/h\��ApprGye e Development ^flan-suhieot to Fonami+inn s-0r
(s)Deny the Development Options: �
(3) The Planning Beardshall "o+eOR whether thedev pmenrsYKyuld PFGGeedas-aa
('onyen+final Development Op+ien er as a Flexible development Qp+ien
(a) if that tete approves the Development Option recommended by the
Planning director, the vote by the Planning Beard is the final decision on
whether the development proceeds as a Conventional Development
Option or as a Flexible development Optbf
Orange County, North Carolina-Unified Development Ordinance Page 2-54
Article 2: Procedures 47
0 Major Subdivisions
(b�)if the Planning Beard vote is ether than o appreving the Developm
Plan Option r endled! by the Planning Direc+er the applica+inn shall
v.fhether the development shall proceed as a Conventional development
Op+inn or as a Clexihle development Qpfinn
(4) if the Planning Board approves as v a DevelopmentOption serest to cnn� nditions, SUGrh
gnnr+j+inns shall he reasonable and! shall seek to ens ire gmmplianne with
appliGable regulations.
(5) If the Planning Beard denies be+h deyelepmen+Op+inns the r s fer the
i�
denmai-shall he stated on yriting to the applicant and entered in+n the m nutes of
the meeting at which s Uch ac+inn was taken
(6) if the Plannong -Reawd fails te- take aGtien within two regulady SGheduled meetings,
or extension thereof to a date ner+ain if si inh extension is agreed to by the
nlican+ the application s e hall b fen.yarded to the Rnard! of(:A-lnhy
('nmmiscinn ors INIth the Planning Beard min-Wes; and the Planning Direnter's
rennmmenrlatinn
(G)Actions Subsequent er,r, ,al
/ , if a GonGep+ Plan Development Option i approved er approved with enditiGns,
• the Planning Rnary-I ('hair shall eny-Inrse the approval on three copies of the
approved Development Option. Two Gopic f the approved Development
Optien shall he retained! by the Planning department and o GGPY shall he
FetUFRed to the subdivider or his/her a,itherjze,d agent. (lee Gepy of+he
Unapprevedl Development Qp+inn shall he retaipe,d by the Planning department
fer Ots Poles. The URappreved Develepment Optienrshall be stamped "NOT
(2) Upon approval of a GonGeptlan Development Option by Pl the anning Board!
thp- �ndler may then nrr9nYd6 eea inii��eprepara+inn of!a Preliminary Plat s
cnnsiste n+Inyi+h the approved (`none pt Plan-.
(3) The appli ant shall have bNo years rnm the date of approval of the GonGentPllaanr
Development Option by the Planning Board) to prepare and file an application for
Preliminary Plat approval If a Preliminary Plat for subdivision has not been
een
sy-h.m.itfed `nyj+hip the spespec'tied time 1'm't the Concept Plan development Option
shall h cwrme null and vo'd.
9 45 2 Preliminary Plat
(A) Genera'„?
0 Application and approval procedures specified_in_this sub-section apply to all
Preliminary Plats except and to the extent that applicable Unified development
Ordinance application and approval procedures pertaw
(2 applicant of a major subdivision many choose ttov_veestzt the Preliminary Pla�at_�urfnr
r „T o, a„«.Joy SIOr'-y,��y .,
a longer time period than is otherwise provided by this Section If the applicant
y yishes toe a this op+inn the application approval nreeedll Tres M Qnctien
//��...,�,�, �� 2 5 5. shall apply-.
(B) AppliG-at:ion rRegUmrPmPnt-q30
For every subdivismen within the territerial jurisdiGtien established by ArtiGle 1 of this
r' ee and which dines not qualify for exempt or miner suhdliyisinn appre yal
31 Nearly all of these requirements are detailed elsewhere and identified as necessary elements of an application.
Or they are additional and unenforceable desired application features that are problematic and not currently
required by staff,as such.
Orange County, North Carolina-Unified Development Ordinance Page 2-55
Article 2: Procedures 48
0 Major Subdivisions
Planning Board and a erd by the Roar-+ of l`nmmissioners before a site
dossturvanGe, GGRStFUGtiGR o installatiGR of im nts m begin
0) AppliGations shall -hp- 16--i-h.w..ittp-ed P—n fe—rrns provided by the Planning Department
anrorrdanne i.yith Cer+inn 2.2 of. this (lrrtinanre
(2) Appi16ations shall ire_
(a) Major subdmvmsmon r--'e6mrlist fn�as PreGGriued by the Raii44
Department;
/b1 2d5 cnpieGofthe Preliminary Plat of the proposed subdivision prepared
\"� �vprc Ammar]-'�arvnrTr'�rvPv 'TPre�uur
a rnnrr+a one i.yi+b Qer+inn 7. .14.2(B) of this Qrrdinance•
`E An Grange Geunty Tax Map the ea h z dTs#o�Tg+�TT o eta-reede be
subdivided;
/r1 A f the Preliminary Plat inCifEatTing theHealth Department's semis
alysis a gal/menial for each let shGWR thereon;
/ 1 't+ + rye rat by the Iican+ his/her therized representative
Te�i�t�YTfCiel"l �Yi1"Ce1lTeTlT4J�ZTTG�TTGQIT�ITR�7(ITGI—aQ1TVITGGC]TepTT�i�eT1UT1Yri
which sets forth the iUStifica+ien fer a private react if applicable;
/f�1)Auxiliary doG rnente in draft form prepared in annnr`+a one vVith Artinle 7
of this llrr+inanre i.yhirh ens ire nmmPletinn sort/nr maintenance of
M .s--required b this rrdinanGe inGlUrding, bu h pot limite`+ toroad m m private roaaintenance agreement hoeei.yner's assnniatinn artinles
of innnrnnratinn and hnmen-yVner's assnniatinn restrir+tive revenants•
r9T A statement deGGribi fgth ma's preps tal
e� se est en�n rrten�.T
reset Mes identified in "An IRyentnn/of Sites of Cultural, His+eric
Recreational Rielegirol anrt !'_eelegiral Significance in the
I Ininrnrnnra+erd Rerrtiens of lira e Gee Rty" and "InVentory of the Natural
Areas "'-c `#arcs`Wildlife Habitats f�-(f GraR ge lint Rty Ner+h Garnlina"• i Rd
/hh) An lranne County Flee DeveleprireRt P it, if apnpll..Gable:
(C) Planning DiFeGtorpeview, oGedures
0) Upon aaGGepttaarn�Ge of as preliminary plat annliGa+in�he Plan�ninggDireGtGr shallrdd etermine if the plat and annlira+inn conform with All annlirahle regula+inns
nG'Ydmng any appliGable Goindotmoin's of an approved SpeGial Use Per
Se6tmon 2.27 e�rtOrdnance, shall he submitted by the Planning Directer to
the County Attorney for review and recommendation
(3) Upon receipt of a complete Preliminary Plat application the nn Planing _D rector
shall submit copies of the Preliminary Plat and any ac iateraal to the
following officials and agencies for review and comment.
(a) The District Engineer of the N.C. Department of Transportation review/
proposed public streets, highways and drainage sys
/b�) The QFaRge County Health DepaFtMen++n review PFE)PGSed GR site water-
supply anrd sewage rdispesal systems;
(6) Aef€deea+inn of the appropriate ssheel dTstriGt to review the
reservation of preposerd Schnnl sites and the impact of the propeserd
ubdiVdsinn OR Scheele rnllment capacities•
lydl The Orange CountyErosion Control Officer to review the Erdeion_aand
Serd'mentat'on Control Plan and Stormwater Management Plan;
(e)T�he Orange Coountyr Department of Environment,of Environment Parks and Recreation
to review the Iocatinn suitability and facilities proposed for required
recreat'nn areas and to review any historic and/or cultural resources-
Orange County, North Carolina-Unified Development Ordinance Page 2-56
Article 2: Procedures 49
0 Major Subdivisions
/f�)The QraRge County Fleednloin AdMiRistrater toTevieW COmmnplrt"anGe with
Special Clnerd Hazard Area regulations;
(g) The Plaanniing�gp dd/Department annr Planning Board of the appropriate
m�mini Pali+v where o nnur+ocv review nrOGed pro has been established by
agreement bet\Meen the County and the rn unidpality;
/ham\)The appropriate utility provider whey publiG Or GOMmunity I.Af;-;tP-.r colt/nr
sanTtarse sewerage systems are�repssedse�e fhe subdivision;
The Orange Soil and \A/eter Go-nstewa e ++n reviev.f a general
comic description and interpretation; and
The CGURtyAt�rey to reviewtht--fnr a+-ARd appropriateness e
prepeserd res+rig+iye n nts, herneewners a a+inn agreement-,,
readm in+manse agreements, Perfermance ( Grantees and a+her
molar rdocUmen+s
/41 The r s designated in /31 shall review the Preliminary Plat and shall
p rprn"i�Tppnrt to the Planning Aire(++n�A a f the , �i+ahili+y, provisional
suitability, or unsuitability of the proposal
(5) WFherre-ic666 deteirmonedd +hat utlye measures are required in order for the
proposal to be riasstHed-as "suitable," a_L�rtifica+inn of"provisionally Suitable"
shall be Provided. If reviewer approval iTo,i+hhelthis asis the r r
shall iddentifi,the reasons for andd rennmmen,-d measures
tn, :g„ c i the preposal may be made suitable. Planning Beard m
reGernmeRd an.+ the Beard of Gee inh,rommieaGReF may appreve, identified
measures a endditiens of approval of the Preliminary Plat; provided, hewever,
the y'eGGmrnend'Rg reviewer�has the autherirtty to GRfGFGe s Ugh measures.
of the reev
G\ ewe
/ + vs a ailable to address eeneerns + r,a�� ere Re alternatives ,,�
ns'ui-table" shall beprovided. The reviewer shall provide a list
of the reasons Which re,;-it+edl in si Bch designation.
(77) Upon rreGe +ha r--ormr�ments and reGOrmrnmrren`tavations frre—rn reviewers,,tthe
Planning D'Fectnr shall submit to the Planning Beard a written analysis of the
application and! his/her rennmmenda�tiien
(8) The Planning DireOtGF shall be permitted to defer+h�he-aapppl-Ga+in�a
recnmmendat'on for one meeting beyond the Planning Board meeting at which
the application is scheduled to he hears+
TDPlanning Board Review and Approval Procedares31
(1)The Planning R.9_Booard shall review the application�n a�_�a_inn rl the Planning Director's
report at a regularly scheduled meeting and shall prepare a written
recommendation to the Rnardd of CA Aty(`nmmissiepers
(2) All interested persons shall be given the epportunity to speak and ask questions
regarding ther�RG+a+inat theeetinngThe Planning Reard may pla8
reasonable and fair limo+atmens nn cnmmen+s arguments and) questions to avoid)
(3) The Panning Beard shall aOtiGn n s the a.ppppliEatiOR sel ,on its findings E)
complianne with applicable regu Nations and Genditinns andd shall recnrnrnendd•
(a) approval of the applicator
/b)approval with cendditinnG; Or
si A major subdivision either fulfills the county's requirements or not.The County has no legal position to impose
conditions on such an approval. Introducing the Planning Board and BOCC in a discretionary capacity is
unnecessary and could be problematic.
Orange County, North Carolina—Unified Development Ordinance Page 2-57
Article 2: Procedures
0 Major Subdivisions 50
(s) dee ieatien.
er extension+hereof, if agreed- to by the applicant the application shall be
fnp�ia Ater! to the Ream- of County Corn m is inners I.Mi+h the Planning Board
minutes, and the Planning Diorecter'c rennm mend-atinn and any cnnd-itions
l C�)if the Planning Board approves the appkatiNn I.A.fith cnnd-itinnS SUGh conditions
shall he reasonable and! shall seek to ensure compliance with applicahle
proposer- d-eyelnpment
/R�)if tnePlanning Beard- reGGMMeRds approval with Gendli�nS the apopppl"Gant may
end- his/her a plica+len to cenferm+e ell a -Meof the cend-itiens preyidledl
the Planning Directed reviews the amended a plicatien far compliance with
plicahle r u la+iens end! certifies +hot the amendments conform +e the
Eendlr, A-f the Planning Beard reGGITImrreFl`tuatien. in SUGh Gases, the Planning
director may amend- his/her report to conform to any nr all of the Planning
-Reards reg+enmm�aatmenS The Planning DireStter-Shall then fn his/her
report and the Planning Beards rer•nmmend-atinn to the Beard- of County
('nmmiccinnerc for cnnsir-eratinn at its next ayailahle b.iciness meeting
l7�)The Planning Reard shall se Make-A mmend-a+inn regarding a Reselutie-n
of Approval. The Rese-hition of Approval shall contain itemss n i.yhich clarity anr-
d+restien to the pliGa develeper may be nesessary. These items
0nGlud e but a net limited-+e.
(a) Sewage dispesal issues,
t'trr) F`ceadsa„d aaeeess�ss{�c
(s) 6and use buffers and landSGaping issues,
(d) Dran;ege issues,
(e)Parkland- and- resreation issues, and
M Other envorenmental ossues.
(€) Commie�nters T Review and Approval Prgced- re-q32�i
0) The Rerd- of County Commissioners shall Fese+ve the Planning D;rester's report
and the Planning Beard's recommendation
(2) PF8�10m DIo+ o plico+inns shall be n1^^e�
-husinesms meeting agenda within 90 days ef the Planning Board
re�r'mnernd-own. Board of County�''"Commissioners steal-all act upon the
epplica+ien Within A reasonable AmAl in+of time. -QI1riRg de�eFat.e.ps and
the s far the need! for od-d-i+legal a alysis and Feyiew
(3) All interested persons shall be gmVBR the opportunity to speak and ask questions
regarding the appRGation at a bbus'ReSS meeting The Rerd- of Cn, nty
Gemmissiepers may placer able and- fair Iimitatienc on comments
arguments and questions Rdue delay. The Roard- of GA-Mmissmeners
shall base its en its fiRdings Of Gc)nfermity with all appliGable regulations
and- shall:
arra-vrrr.
a\!a) Approve the application;
te
(b)Approye the application with conditions; r
32 A major subdivision either fulfills the county's requirements or not.The County has no legal position to impose
conditions on such an approval. Introducing the Planning Board and BOCC in a discretionary capacity is
unnecessary and could be problematic.
Orange County, North Carolina-Unified Development Ordinance Page 2-58
Article 2: Procedures
0 Major Subdivisions 51
(G) D8RY the appl+ea#1er.
(4) If the Roard of CG Rt y!''nmmissinners approves the a plicatien with conditions
s,Bch nnnditin ns droll he reasnnande andand shadd cookseek to ens ire nnm nlianne�nyith
appliGable regulations and the provision of utilities; andle-F ethear far-Anties needed
to serge the proposed development
l C�)if the Beard of County y Gorr i in�.e--rr.�C�p proves the application with Genditions
n-.r denies the application the Feas n r s dh. d n_sholl he s+a+ed 'n writing
GI�iTfiGTC CCTG-rGP GG'IT GFV1TQri GTGTG pTTl�i�A�GTQ CGQ � `�T�f"f'Cfl"Tg
was taken.
(6) The Reard of Gee Rt y f nmmiooinnero shall aloe take aGtinn nn the Peony Linn of
(F)Astions Subsequent to Approval
0) pe gal of the Plat by the Beard of CG Rty f`ommiSSieRe-s,
� T e
the subdivider d with the r tier f the Final Plat, and the
vavm-v-racimayvice eQ�c�mzrrc-pr�arnunvrr-vrarrc� ,
installotinn of or arrangement for required imprnvemen+s in annnrdanne youth the
approved Preliminary Plat and the requirements of this Ordinance
(2) if the appliGatinn i vied or approved vAtti r.ondtions the Planning DireGtor
may iss��e applicable development norm its required to nnnstrUct. use
install and se
m m iproveents approved as part of the Dreliminany Dlat approval
/413) Nodding p�ermniit,-; II be issued- to develop any lot or p l shown on the
appreved Preliminary Plat until a Final Plat sheaving s Uch let n paFgel is
approved and r nrded in pliapce with Sec+inn 2.15.4.
Preliminary Plat after the Beard of County rnmmiooinners have has a yed
the Prekn'Rary Plat, the appliGaRt shall submit aR arneRded appliGat'GR fer review
as a new pl'gat'n
R.
(5) The approval of a Preliminary Plat hall�ffzr_tiyz for a Aerie d of nne,year from
the date of approval by the Rnarrd of County Commissioner& By th,-z en-v-vr-eaiv
time period' must
approval of the Final Plat have been nht aine d from the
Planning Di rentnr although the plat need not have been recorded in the llffine of
the Register of floods
(6) Any plat or portion thereof not receiving final plat approval within the time period
set forth in (5) above shall hen II and void except under the following cnpditiono•
(aa) The subdd' _y'v's'nnis hj_puiri_y�_rlt 'n sectonns__dr phases, an�ndd_aa_ppha g�dy plan was
approved as part of the Preliminary Plat- h'
(b) ere-pG,-iod between the approval date of the Preliminary Plat and the
the
approval date of the Final Plat for the first phase does not exceed one
d
(E) The peri ne da._betWeeR the appreval date of the Final Plat ofthe first phase
and the approval date(s) of the Final Plat(s) of any subsequent nhase/sl
does note eed the time limits specified in the phasing plan of the
PreliminaryPlat If no phasing plan is indicated, then the period between
Final Plat approvals shall net exceed sox enths
(7) if a phasing plan for construction of the subdivision is approved, the expiration
date of the Dred'm'nary Plat shall he governed by the time period(s) approved as
part of the phasing plan
(G) Administrative Re-Approval
(1)The-P nvrreGtor m within GRe year of the expiration of a Preliminary
Plat re approve the expired Preliminary Plato pertinno the reef, as Inng as the
Orange County, North Carolina-Unified Development Ordinance Page 2-59
Article 2: Procedures 52
0 Major Subdivisions
and zGning regulations (where applicable) in effect at the time of applica+ien for
re_appreyal' and a changes to the original design OF enditiens of approval a
gensidered m
(2) A eh�haarnige may be voonsidcred a miner change if i�esNOT involve any of the
following:
/ate\ n")A �f f L a in a nnnditinn of approval;
/b�\)Any
in fhp- n,,ether of building lots proposed;
/n�)An y eeh1fent0;;l nh nge in the Ineetinn of er any degrease in the arno ant
of pen spaGe, buffers, or area reseniert fnr renreetion u
(d) ARY substantial rchange�n nedes#�- r/er vek cl,for-Qesesrr or
cirriJation ind ding read classification;
(e) ARY Change OR the prevision f seFV'G8S SUGh as water supply=and
wastewater disposal; and/er
(f) ARY suhsta;t,iulrcia,ge�on IeGatieR ef utilities or ether easemer+
s.(3) -rhe subdivisle.n shall -hp- r-,'-'bjeGt tG review by all appliGable review
required fer original preliminary plat appreva
/A\�If all nhhannges from the original approval are nnneid-ired miner nhannes, the
Planning DiTeetor�re_a approve the preliminary plat. The re_approval shall her
stated in a format iAyhich substantially GGnfnrmc to the of Approval
asdop+ed by the Reard- of Go ant y ('n mmiccinner c I.Ayhen apprn�ying a preliminary
P'At.
/ T'T yal m aapprreey Meer aann�� bdiyision
T� str�F�Fe��-a ppre� sU,�Q,���,Qr if a
expires,re appreved PreliMiRary Plat
the subdivider shall be required to resubmit
Preliminary Plat fer+he tract e y,y er+ien thereof fer which approval has
expired. The Rew plat shall e sine sf+e all a„ appnea l e reg u I,atieRS OR exssfeR ee
at the time of resubmittal
/Y1 Amended ded Phasing Plan
Lr��T'FItFGTIF TTfCISFI���RTf
/4\ a deyelepm t phasing plan approved as pa f the r nary Plat
�T�Th1�,�ep�r,� ed-CIS�JQ'rL�7T �Te4Fr�;-�-�j,�CfC
(hereafter"the phasing plan") may he amended by the RnarrJ of County
6ipGn appkat'GR by the Subdivider.
(2)indeterminiRgwhetherto approve aR aMeRded phasing plan the Beard of
County Gemmissioners shall ennsider•
he obtained hefere the expiration of the time p ieds established ip the
phasingplan;
/b\ The quality of and le p f the hdiyid
��� Ra � �rG length e time e the e�perlense�,�suQer ,=.
managing development projects;
(G) VVhethp-.r ctors -ther�than market Gend�T and beyond the Genteel E)
the s��bdoy0der nay iced a del ; meeting the phraasinn��
�QAQ1T GI GC.lF.7GQTrC! ITTTGG C l""f �i11 ,
(dd) Whether t�Qev pmenrprOjest, if eempleted eensisterlt with the
approved Preliminary Plat will aid or meet an important public nelicy
goal established by the Board of County/'`ommissioners•
(e)Whether the application for an amended phasing plan was submitted
before the previously approved time limit(s) lapsed;
/f) The possibility of and practicality of the subdivider and/er developer
vv"'P
complevting the development project consistent with Orange C nt�y
regulatinns applicable if the phasing plan amendment is not granted; and
Orange County, North Carolina-Unified Development Ordinance Page 2-60
Article 2: Procedures 53
0 Major Subdivisions
g\ Whether+�R h be I II
�� i nc� ver�en�+e�Asl: ce,;, efed��staned
would be extended by the revised phasing plan
l2�)After r--n-Fisid-era+inn of the ey*d-ence submitted by thearcs-app"Gaant GonGerning eaGh
of the fan -s listed above the RnarlJ of County Gera iccinnorc may, in its
di��-et'e' `^ n an �use sho n gra et+n+he n+the amendment phasing plan
ss�`tnn c`" e"hnat d-�lun,-1r7 nn+maintain nr promote, On GGmo s
peGifiG
manner, the public's general health safety and welfare
(4) if the Rnarrt of County Gera i �rn�e�s ap eman amenriment to the phasing
plan it mrequ reaSeRable ad ditienal cenrdi+iens of appreval of the 7
unapproved final plat(s)
2.1 5.,E
(A) Prier to approval ef a Final Plat, the subdivider shall have installed the impreverrients
speG
this nrdmnance
(B) No Final Plat will be aGGepted fer review by the PlanRing DoFeGtE)F unless aGGE)Mpanmed
written rtocUmenta+ien acLnewledging c pliance with the im en+and
PerfermianGe Guar'rarRtee standards of SeGtien 2.27 of this Qrd'RaRG8
(C) The Cin-al Plla;+r?h;-;" only that per+ion of the Preliminary Plat wh'irh the
subdivid-er proposes to reg-o—rd- and- develep at that tirrie. 2----r--.h pert on shall GeRform to all
reg� M ments of+his Orr•dinanne
ionAppliGation Requirements
0) pdinations shall siuhmnitted- emn ferrrTss provided by the Department
accordance i.yith Centinn 2.2 of this QrrJinanne
(2) Applieatiees shall iaGIude:
(a) Five eepies ftheF'nal Plat prepared 'R aese,danee with Sest'GR 7.14.3
of this Qr�-vrd4naRGe; and
(b)Au Auxiliary dnocuments in final form prepared in accordance accor�J�_daancnce withTi�_ Article 7
of th's Orrdinapne Iahinh PSIRSYFe mpletiop aprt/or m iptepapce of
0mpreverrieiis required by this, Cadiaanee,induding but not limitedz
private roar) maintenance agreement property owner's association
articles of incorpera+inn and property Owner's assnnia+inn res+rintive
ce\/epapts and any required Performance (_`�Sara ntees
(3) The Final Plat of the q,-hd'r'vislen nr apy pn n�Teersha�csubmitted not
mere than one year after the date on which the Preliminary Plat was approver}
unless the subdivision is being developed in accordance with an approver}
phasing play under Section 7.3.
(4) if a G aal_Dlaat's_anotsuhm't+ed within the tame_period specifieed_an_(3),_thc
Preliminary Plat approval shall hen II and void The subdivider shall her red
to resubmit a new Preliminary Plat application for the tract or portion thereof for
review as a new application
(E) Review and Approval Procedures
0) Upen aaGGeptaarnaa r of A Final Plat appliGat'ion, the P! D-rreGtGF shah
determine if+he plat and appllca+ien conform with all applicable regulations,
(2) Auxiliary dOGUments as required by AFtoGle 7 shall be submitted by the Planning
DoFec+er to the GG Unty At+erney for review and recommenrdatinn
`3) pone__r_receipt of the recommendation of the County t Atn�«orr eey, the Dla�_!an ern g�
Drecter shall take action on an application solely on findings of conformity with
all applicable regulations and shall:
Orange County, North Carolina—Unified Development Ordinance Page 2-61
Article 2: Procedures 54
0 Major Subdivisions
(a) Approve-the appliGaatti'r^vrnr
/hi'�)Apprevethe appliGatieR with GeRdftleRS; (fir
(s)Deny the appliea
shall be reasnna ble and! shall cook to ensi me compliance with applicable
regulations.
rcgartxcrvrrr.
(5�)if the Planning shall DireG+nr,,a a applica#inn vVith cnndlitinns or di--denies-the
ypnli^o+i+nn the rea.�ernr.-Fn-�S ve6islernrshvll be-.stated in writing to the
`�r
(F)Asfions Subsequent to Approval
0) if e liGa�� � r_Gendlir�n the li #s�
r-r� t-r -ixpprr S-apprc:v vP S,�rr�'anpprr.Farm
submit a red dble mylar eriginal of the Final Plat#e the Planning Aires+or for
e ndlersemen#within Gne of Final Plat a gal
(2) The PlanRing DiFeGtGF shall obtain all required GeFtiftatiGR SigRatures and shall
endorse approval of the apprnyed Final Plat en the repred Ucihle mylar original
after all other cerfificatien signat-ires ha\/e heen oh+wined! The Planning director
shall prepare the Ilenlara+inn of Rec#ri^+ions
(3) The Planning Dir�+trorShellll notify he e t ant v.fhe�Tequtred Gerti fi n
.sigrniaaturzThave-been obtained- -and- County�ttn�-ccorrnne-.jyrre�v'�'ce-�v"r�5-�'^vmplete. The
applicant shall then make an appointment ieiith the Planning director to have the
pert plot and any ass n ry eRSUFe nnfermanGe
o +tr elan d! n the Offi f+h f deeds. ed eg s-reser� �m-o,nee�� egTster�o
plat and! aRY ia+ed! dlocU Ments must her ordled! within 90 mays after the
Planning director's enrdersement of appreval
/A\ honing did II the li +to#h Register of�� �,reeto� a.r-aesen,par��„�-appr<ea;�-�,T e��
Office to ensure the approved plat and any required d eo ments are recnrdledl in
the torrent order and- to fill in the honk and page references where applicable
DOGU,mentsrshall be numbered Onthe order theme to be reGorded. The order is
as fak)ws:
(aka) Approved plat,
/h�\ Read Main#enanAgreement, f r
Ee -i,--rued,
(G) Deslaratise sf Restr+ct+cn6,
(d)Homeo�n�o.ne-�rope�y v`v"veers' Association �Jtrv�r_c�ocurrr^ nentS if required,red_and
(e) Any ether document&.
`55\ if t#eina�rrai_Plat 06 RGt FeF.erded wath'n the spccifier7�_d ,rne period_the inal�gal Plat is
veld
(6) The Planning Director may exteRd the de--admre fer Fecordatinn prny dad the
appliGant an deMOrtsta+�000d!faith effn to GOmphi with the deadline, butor
reasons beyond! his/her control fails to meet the req uirem dl ents for recnra+ion
within the spe^ifiedl p edd �
n
(7�)All Fin�al Plats r--.A-nfnrm to drawing SpeGifi'F.at'crens and-F'ertinF.ati
req uirements for Final Plats gntalnelt in Section 7.14 '.2 of+his (lydlinance
(8) Recordatmon of the approved final plat, and any required auxiliary documentation
shall he with the addv'ce and consent of the Planning directed
Orange County, North Carolina—Unified Development Ordinance Page 2-62
Article 2: Procedures
Section 1.1: Subdivisions in the Economic Development, Commercial, and/or commercial-Industrial Nodes 55
2a5�oert+#in-atp- na AQequaGy of Publin Cr--h.,..l FacGilities
res
P----hlmp-. Sr_-.heel FaGilities (CAPS)fer the pr(�eGt has beeR issued by the relevant Rnheel Distrint-.
See Cnn+ien F 90 fer standards related to CAPS.
Nodes, as en � in the Comprehensive Pla
hn shall s��hmit an application in
annnrr•la„ce i.yi+h the requirements specified in C'ec+inn 2 1 F 3(B
f nmmerniol_lRd strial Nodes shall be performed by the Planning Depar+mer,+
bdiViSion preliminary plat approval n ced gyres specified in Cectien 2.15.3.
North Carelina department of Transportation standards
(E) Final plat approvals shall follei.A.f the final plat approval prOGe-all-Ires; on Ser-,tion 2.15.4.
(F) AdditionalQpq' men.+is;fn�lri ro gh EG nnmin rleVeln„men} Distrii :
lr) I.Alhin a ( nnrl itinnal Dist-in�czp i��+i ds a Pd�dthe traG a#
se�eGttorsaid rezoning $-proposed
to be si hvmvived, all prevosoGrnrs ofArtide7
all he sa+isfied
(aa) The a npnnGan+ may obtain approval of the subdivision sim�i�neeFsly 4
the a wal of the-ez of SUffiGieRt information (i.e. le} lines let s
etG) is shvvcn-vR the site plan or at a later tome.
(b) The r rnII heFo=s�st eet with the+e-mf the approved
GA-Rd-itienal district petition
(G) if the approved Conditional diStFiGt rezoning petit%cstahmlisgesdeRSity,
floor area, impervious s6rfane or similar limitations en the}ran++ha+ is
rezoned or any po rni thereof, the su bd 0yision final plat that creates In+s
out of any portion of the+rant se enc,,mherer! shall indicate on the face of
}he plat�nwi+h respect to each Int sUch limi+atinns nr restrictions as are
penessa i i ry to ensure compliance with the Genw-litional district rezoning
approval. {}
\ For example, Plan or Site Plan associate�_voi.��_�_a�n with a
Conditional district approval shows a ten-acre portion of the tract
approved for retail development with a maximum floor area of
100,000 square feet, then if that ten acre area is subdivided,
each In} so created shall show on the face of the plat the
maxim urn building area that can he constructed on that lot
VACATIONOF • ' ROAD
ABANDONMENT
2.17.12.15.1 Generally
(A) Lots Unsold
ss This section has never been used and is already addressed in the Subdivision and Zoning sections.
Orange County, North Carolina-Unified Development Ordinance Page 2-63
56
ARTICLE 7: SUBDIVISIONS
PROVISIONSSECTION 7.1: GENERAL
7.1.1 Purpose
(A) The purpose of this Article is to guide and regulate the subdivision of land within Orange
County, for sale or building development, in order to:34
(1) Ensure the public health, safety, and welfare;
(2) Provide for the sound use of land;
(3) Ensure adequate planning of street systems;
(4) Avoid nvorrrGWdinn of Ind
{5}(41 Prevent fire, panic, and other dangers;
{&}(5) Ensure that water and sewage systems are safe and adequate;
{7}(6) Prevent flood damage;
M(7) Facilitate an orderly use of land;
MLI Ensure the proper legal description and monumenting of subdivided land; and
(9) Encourage the proper management of Orange County's natural resources..
{l8} Optimize protection of contiguous open space networks and agricultural lands.
(B) It is the expressed purpose of this Article to provide for, in addition to the above, the
protection of water resources in Orange County, through the use, alone or in
combination, of buffer zones, varying lot sizes, slope restrictions, vegetation, ander other
equally effective techniques. Innovative techniques on the part of the developer are
encouraged where these techniques can be shown to be as effective as the specific
requirements of the Article.
7.1.2 Jurisdiction and Applicability
(A) In accordance with the North Carolina General Statutes, no person may subdivide their
land within the planning jurisdiction of Orange County except in accordance with the
provisions of this Ordinance.
(B) No subdivision shall be recognized by the Planning Department until a final plat of the
subdivision has been approved and signed by the Planning Director and recorded fn-at
the Orange County Register of Deeds Office, including the recordation of any additional
documentation required by this Ordinance.
(C) As provided in the North Carolina General Statutes, the Orange County Review Officer
shall not certify a plat of any subdivision within the County's subdivision jurisdiction
unless the plat has been approved in accordance with the provisions of this Ordinance or
determined to be exempt, as provided by NCBGS 160D and Section 7.2.1 of this
Ordinance.35
7.1.3 Compliance with Plans and Other Applicable Regulations36
All subdivisions shall comply with applicable l.onoral provisions, standards;and policies outlined
within this Ordinance and the Orange County Comprehensive Plan, as well as with any special
34 Brings language into alignment with 160D and/or Comp Plan
35 Brings language into alignment with 160D
36 Brings language into alignment with 160D
Orange County, North Carolina—Unified Development Ordinance Page 7-1
Article 7: Subdivisions 57
Section 7.2: Classification of Subdivisions
planning studies, small area plans, and/or corridor plans_, nr onor.ial n'annin,. studies approved r
adopted by the Board of County Commissioners.
SECTION • OF :D •
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.
7.2.1 Exempt Subdivisions37
(A) In accordance with the North Carolina General Statutes,,—_the following activities do not
constitute a subdivision of land and are exp thereby exempt from the established
subdivision-review and approval processes of this Ordinance, provided that the
property's exempt status is r--onfirpned on aGGE)rdanGe with the pror--edduires detailed
ortr� �iGle 2:
(1) The combination or recombination of portions of previously subdivided and
recorded lots if-where the total number of lots is not increased and the resultant
lots are equal to or exceed the standards of the County, iRGIudiRg private read
ii Stifinotinn standar,ds as detailed within this Ordinance.
(2) The division of land into parcels greater than ten acres if-where no street right-of-
way dedication is involved.
(3) The public acquisition by purchase of strips of land for widening or opening
streets or for public transportation corridors.
(4) The division of a tract in single ownership,-ef the entire area of which is no
greater than two acres,into not more than three lots, if-where no street right-of-
way dedication is involved and if-where the resultant lots are equal to or exceed
the standards of the 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.
(B) Exempt subdivisions shall be required to meet all applicable zoning and building permit
requirements, pursuant to the procedures detailed in Article 2 for the granting „f Z„niRg
and building permits
7.2.2 Expedited Minor Subdivisions
(e) 4 subdivision shall be classified as "minor" if it does not:
0)— Create more h
,deGigR R;G del; G
(b) Twelve !Gts, 'nGluding the residual aGreage, following the Flexible Development
„b diViSinn design model, from any e .,f landd in v ton year ed;
street;
(3) €xt8Rd publiG I.Yater andwer sanitary sewerage systems--etTher than-laterals to
sewe iRdiyidual lets; ap d
(4) the of draiRage impFevernents which would
eas8M8nto thrOUgh a o '.,to t., o ether lots.
37 Brings language into alignment with 160D
Orange County, North Carolina—Unified Development Ordinance Page 7-2
Article 7: Subdivisions 58
Section 7.2: Classification of Subdivisions
(8) A plat for recordation for the subdivision of a tract or parcel of land shall be classified as
"expedited minor" if the tract or parcel of land is in single ownership and fulfills all of the following
criteria
land in single ownership meeting all of the following ^riteria:M
(1) The tract or parcel to be divided is not exempt under the provisions of the
Ordinance,
(2) No part of the tract or parcel to be divided has been divided via the expedited
minor subdivision process within the past 10 years
submittal to plat recordation,
(3) The entire area of the tract or parcel to be divided is greater than two acres,39
(4) The subdivision creates nNo more than 3three lots result from the rli"isien,' and
(5) All resultant lots comply with the following:
(a) t=Applicable lot dimension and size requirements of appliGahle land use
r^, this Ordinance;,
(b) Applicable land use requirements of this OrdinanceTh^ -isS^ A-f+he let(s)
is in oonformi+v with a nlinahle zoning requirements,, and
Lc)_A permanent means of ingress and egress is recorded for each lot.
7.2.3 Regulated Minor Subdivisions41
A subdivision shall be classified as "regulated minor" if it is neither Exempt nor Expedited Minor,
and is a subdivision of a single property that:
Screates:
(a) Five lots or less, following the Conventional Subdivision design option; or
(b) Twelve lots or less, following the Flexible Development design, as
defined in Section 7.12.
hrli..ision that rlees any of the a^+inns lister! in Section 7 7 4(A)Ml throucih 7.2.4(A)(4), shal
he . sirler_d a Maier S bdiVision
�7
7.2.37.2.4 Major Subdivisions41
(A) A rx4a}er-Maior Ssubdivision is any subdivision of land that i; n^+ an G emn+^r Miner
(1) Creates more than:
(a) Five lots, following the Conventional Subdivision design option;
(b) Twelve lots, following the Flexible Development design option, as
defined by Section 7.12: or
(2) Dedicates right of way for-a new, named public street, and
38 Brings language into alignment with 160D
39 Proposed language differs from 160D by closing a regulatory gap. Presently. 2.01—4.99-ac lots are regulated
minor subdivisions while 2-and 5-ac lots qualify for expedited subdivision status.This is arbitrary and does not
serve a clear regulatory or environmental purpose.
41 Simplified for clarity and to ensure that regulations are affirmative rather than negative(A Minor Subdivisions IS
this...
41 Simplified for clarity and to ensure that regulations are affirmative rather than negative(A Minor Subdivisions IS
this...
Orange County, North Carolina—Unified Development Ordinance Page 7-3
Article 7: Subdivisions 59
Section 7.3: Phasing of Subdivisions
excluding other than,.,ir+the widening of an existing public street;
(3) Extends public water and/or sanitary sewage systems ether than sen,ir.e +n
dal lefsto multiple lots represented on a plat; and/or
(4) Necessitates the installation of drainage improvements which would require
easements through one or more lots to serve other lots.
(A)
All c hrlivicinnc not nlaocified as an Exempt S bdn *600R; Miner Subdivision; oMajor Subdivision, Conditional DiStriGt(R-C—D -or NIR-
(2) Maier Subdivision, Conditional Distrin4 (R_CD or NR_CD)
T�
A +rar-+of land that is ed fora subdivision into 21 n e Into
Maier S-ladi..isiens are furt-hpr as fn.11 mys-
Standard Maier Subdivision
Manor Subdi..isien Gondi+ienal DmstroGt(R_CD er AIR_!`Il\
Maier Subdivision Gonditienal Distrin4(R_CD er AID_rll\
A tract of land that is proposed for a subdivision into 21 or more lots.. Thi of
h ;ee shall follow the Zoning Atlas Amendment-Conditional District process
eut4p,-ddetailed in Section 2.8
(B)
/Q\ Cnr the purpose of determining whether a u bdiyisinn is a Standard Maier
Land Records of Orange County as of November F 2003
SUBDIVISIONSSECTION 7.3: PHASING OF
7.3.1 Phasing of Maisr-Subdivisions"
A major subdivision may be developed in phases, provided that:
(A) Each phase r.nn+ains at least five into 6 1nieoois depicted on a phasing plan approved by
the Board of County Commissioners as part of the-a prelim,c,.,,-,inaryPreIiminary subdivisien
plat-Platwith the express determination that the pFoposed phasing makes at unlikely that a
subdivider would willingly abandon a final phase that contains a required extension of a
road or other infrastru c re•
(B) The degree and extent of road, water supply, sewage disposal, stormwater management,
erosion and sedimentation control, and other required improvements in the phase and
previously approved phases ar6s sufficient to serve o,-handle all development within the
phase;
(C) The number of lots and amount of required open space or amenities in the phase and
any previously approved phases is proportional; and
{C)(D) Any improvements correlated with the phase are either realized prior to approval or the
Final Plat or ensured with a Performance Guarantee, as allowed by Sections 2.27 and
7.4.
41 Provide for clarity and direct language.
Orange County, North Carolina—Unified Development Ordinance Page 7-4
Article 7: Subdivisions 60
Section 7.4: Improvements and Performance Guarantees
QrdiRaRGe that will he satisfied! in aGh phase is appreved by the. Read of f e, Rty
f emmissieners as part of the preliminary plot
Dhacinn of Minner Subdivic i�nc
A miner s6ibd'V'S'E)R UtiliZiRg the Flexible DeVe'GpMeRt QptieR may be develeped 'R phases, provided that:
(A) The degree and extent of read, water supply, sewage disposal, stermwater managerne
sedimentation GGR#01, and other required imprevern nts in the phase and
h;;ndIP all development within the
ph
(B) The numbe-F of lots and amount of required open spaGe or arpenffifles In the phase and
(G) The Dlanninq rlireGter a ,es Aa phasiRg planrshE)WiRg with thePlat that
port of the preliminary plot
SECTION 7.4: IMPROVEMENTS AND PERFORMANCE GUARANTEES
7.4.1 Generally'
(A) In accordance with Section 2.27 of this Ordinance, a Performance Guarantee shall be
required for the purpose of ensuring that subdividers properly install all required
subdivision improvements in a timely manner, in accordance with approved plats and
construction plans.
(A) improvements prepesed by the subdivider er required by this QrdinaRGe, shall be
nrdl•n
(B) In those instances where said improvements are required to be vend-provided
subsequent to and as a condition of the approval of the Final Plat, plans and
specifications for said improvements shall be approved by the appropriate agency and
referenne to said im en+s shall he merle par+ of rip or to the Final Plat approval.
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 fonilitieo nrl easements;
(5)(4) Sttormwater easements and management devices;
(6)(5) Erosion and sedimentation control devices;
(4(s\ I ,,,.,_im�passi"e� ti"e rRecreation amenities, spaces, and trails;
MLZL_Fire suppression management facilities;
as Updated for clarity
Orange County, North Carolina—Unified Development Ordinance Page 7-5
Article 7: Subdivisions 61
Section 7.4: Improvements and Performance Guarantees
M(8) Common Open Space ReGreai;on sand Landscape maRageMeRt
i mnreyements areas,, an.+ es; and
M(9) Any other on- or off-site improvements required by this Ordinance or required at
the time of preliminary plat approval, including those required by other regulatory
agencies.
(B) If the subdivider records a plat for only a phase or 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 imnrn„omen+c +ha+
the RaRRinn DireGter deem ReGes&a-pyaqfficient and proportional 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.
(2) All legal documents shall be submitted, reviewed and approved by the Orange
County Attorney, or
(3) A Performance Guarantee has been provided in accordance with the provisions
detailed herein.
(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) As authorized by the North Carolina General Statutes, itn 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
a thnrized by the Ner+h Garnrna General Stat ,+ that the improvements have been
installed in accordance with all applicable standards.
4 Pe
rformance erforvrii c�rr�nce Guarantees(A) in accordance with Ser-,tweR 2.227 ef this OrdinaRGe, a Pe49rPAa.nr_,t_Q Guarantee S;h;;" hp
senstrustienPlans.44
7.4.57.4.4 Maintenance of Required Improvements
Improvements installed as a requirement of subdivision approval shall be maintained by the
subdivider until they are accepted for maintenance by the appropriate party, as represented in
either the Subdivision Declarations or the Subdivision Agreement-.-
.
(A) the NIA-rth Carolina DepartmeRt of TraRSpertatien; utility provider; individual horneewnel�l
Herneowners' nr❑rnneFty OWRers' aeonniatinn
7.4.67.4.5 Property Owners'Association
(A) Where a 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 o++erne„that
will govern the maintenance and control of such improvements. Provisions shall include
but not be limited to the following:
4a Redundant and unnecessary
Orange County, North Carolina—Unified Development Ordinance Page 7-6
Article 7: Subdivisions 62
Section 7.4: Improvements and Performance Guarantees
(1) Establishment of Tthe association shall be established h��raprior to the sale of
any homes art�sel,�d and/or a occupation of any building ied;
(2) Mandatory mMembership shall he maAdator,y 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-fivii�ee�"vrnc�.�-must pay their pro-rated share p off the vests, '�'—and-arny s
levied by the aSSGGiatien that remain unpaid shall beGerne a lieR GR the i-ndividual
�meewnrer'�perty wh+N�'�Gh shall be suhnrdinate nnlY to tax and mortgage Liens
WLLIf 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;
f (5) The Int nWnnr of nit or let chill have vmtinn rights in the
aSSOGiatie;and 45
g4Lq 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.
7.4.77.4.6 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 undelivered improvements within t#e-a subdivision—, the
follewing PFOGess shall be adhered to•
(A) The subdivider shall be required te submit te the Planning Department, in writlng-,
notification that he or she intends to transfer maintenance responsibilities to an established
property owner's association
(B) The subdivider shall GGE)rdinate d SGhedule a joint meeting with Planning
Depa*n8Rt staff and pmperty owner's aSSE)Giatien rnembp—rs and- P-ff0P-P-.rsq to review the status of
all FequiFed improvements and o6itline the perpetual maintenanGe responsibility. T14e,
meeting shall take plaGe at the Planning Department's OffiGe during normal business hours.
(.C) The subdov'der shall prepare to he approved On both for a
GORteRt by the Planning Department and County Attorney, outlining the GUrrent Genforming sta
of all required improvernents and providing documentation that th i kts have receRfl�'
been inspected and certified as being compliant with feder .1, qt;;tl, and local regulatio
(z) Officers of the property owner's association shall review and the said
document confirming the association's obligation an the perpetual maintenance of
improvements and facilities for which responsibility is being ass urn
(E) Said documentshall, exes4en, he recorded with the Orange County
RegisteF of Deeds, at the expense of the
subdivider
as fermal that maiRteRaRGe
rosnonsihilities have boon assi�med by the propertty�eyiner's assermatiOR.
(F) Tthe Planning Department shall not release the subdivider of maintenance
responsibilities, or authorize the release of Performance Guarantees, until this process is
completed.46
"These are private matters outside the County's purview.
"This is generally a private civil matter that does not need to involve the county.
Orange County, North Carolina—Unified Development Ordinance Page 7-7
Article 7: Subdivisions
Section 7.5: Subdivision Agreements 63
7.4.87.4.7 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 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 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 Guarantee meeting the
requirements of Section 2.27 of this Ordinance.
(E) 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.
SECTIONSUBDIVISION
(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,
,
wetlands etc) and a explanation on how development of the let r!s) is aste
Program, er id�tified- in "�4entory of Site f Cultural, I-li rip ReGreatioRalCOURty" 9F"Inventory of the Natural Areas apal %Nildlife Habitats A-f QraRge
COURty, North Carolina",
(5) eRrtifircatironrvfr sell-cn;drseptic nlim.itantien s, if any, for each let,
{&}(31 Access restrictions for the project and individual lots,
M141 Limitations on land uses, including specifically dedicated areas,
WLq Maintenance requirements for all roadways as well as references to the project's
road maintenance agreement, if required, and
W(6) Maintenance requirements for all designated Common Open Space areas.
47 Updated for clarity and enforceability
Orange County, North Carolina—Unified Development Ordinance Page 7-8
Article 7: Subdivisions 64
Section 7.6: General Design Standards
SECTION
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
IWWS 2016-01.
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 o'aRR'Rg Board shall
consider the overall design of the subdivision with the suitability of the land for
development to ensure 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 'r, the Laws apal Rules fer Ground Ahg.„Fpt;OR SeWa e Disposal
c"�by the NC State Health Code, 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.
Orange County, North Carolina—Unified Development Ordinance Page 7-9
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