HomeMy WebLinkAboutORC Agenda Packet - February 2026 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, February 4, 2026
Ordinance Review Committee
8:00 p.m. (immediately following the 7:00 Regular meeting )
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.
Page Agenda Item
1. CALL TO ORDER
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT —
2. 2 - 99 SUBDIVISION REGULATIONS - To review Planning Director-initiated
amendments to the UDO pertaining to subdivision review processes and
classifications.
Presenter: Cy Stober, Planning Director
3 ADJOURNMENT
2
ORANGE COUNTY
PLANNING BOARD
ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 4, 2026
Action Agenda
Item No. 2
SUBJECT: Unified Development Ordinance (UDO) Text Amendment — Subdivision
Administration
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Proposed Amendments (96 pages) Cy Stober, Planning Director
(919) 245-2595
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, 3.4, 3.5, 3.7, 7.1 — 7.6, 7.12, 7.13, and relevant definitions in
Article 10. 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.
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. State law requires the county to approve submitted plats that meet all local
criteria: they are "by-right". Feedback from applicants and the public is that this burdensome
administrative process is a 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, and adds unnecessary
costs to the by-right subdivision of property to provide more housing options to Orange County
residents, future and present. Clarity on the roles of staff, the applicant, and the public is also
needed for all subdivision processes.
3
In compliance with the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and
Agreement, the proposed amendments were sent to both towns for comment on December 19,
2025. 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.
4
ARTICLE 2: PROCEDURES
SECTION2.1: • AUTHORITY. :
The following table provides a brief synopsis of the review and decision-making processes for
development applications.
DECISIONTABLE 2.1: REVIEW AND •-
•
ZONING/DEVELOPMENT EROSION DEVELOPMENT
REVIEw RELATED PLANNING CONTROL ADVISORY BOARD OF PLANNING BOCC
PROCEDURES DIRECTOR OFFICER COMMITTEE ADJUSTMENT BOARD
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 Rand DM R and
9M
R R R P—M , DAIS
and--RFC
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[2j The PlaRRiRg Board apprGves the GGRGept Plan for a Major Subdivision and then makes a
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: Procedureg
Section 2.6: Floodplain Development application Permit and Certificate Requirements
Within the Efland Interstate Overlay District, no construction activity shall begin
nor shall any excavation, soil removal, filling, grading or disturbance of
vegetation, including trees, be commenced, nor any sign erected for any use
subject to the requirements of the overlay district until such time as a site plan
has been approved and a permit issued by the Planning Director in accordance
with this Section and Section 2.4 of this Ordinance.
(C) Efland Village Overlay District
(1) Approval Requirements
Within the Efland Village Overlay District, no construction activity shall begin nor
shall any excavation, soil removal, filling, grading or disturbance of vegetation,
including trees, be commenced, nor any sign erected for any use subject to the
requirements of the overlay district until such time as a site plan has been
approved and a permit issued by the Planning Director in accordance with this
Section and Section 2.4 of this Ordinance.
(D) Major Transportation Corridor Overlay District
(1) Approval Requirements
Within the Major Transportation Corridor District, no construction activity shall
begin nor shall any excavation, soil removal, filling, grading or disturbance of
vegetation, including trees, be commenced, nor any sign erected until such time
as a site plan has been approved and a permit issued by the Planning Director in
accordance with this Section and Section 2.4 of this Ordinance.
2.5.8 Additional Requirements for Economic Development Districts
(A) Prior to submission of an application for site plan approval, applicants shall meet with
representatives of the Planning and Inspections, and Economic Development
Departments to identify policies, procedures, regulations, and fees applicable to
development proposals.
(9) Any proposed subdivision On an Economic Development District shall follow the approval
procedures as specified in Section `) '1C.
{G}LBLln addition to the submittal requirements contained in this Section, a complete application
shall also include:
(1) Building elevation drawings for each proposed structure; and
(2) A minimum of two drawings of sections through the site illustrating existing and
proposed grades, as well as the relationship of different site features.
CERTIFICATE SECTION 2.6: FLOODPLAIN DEVELOPMENT APPLICATION PERMIT AND
2.6.1 Requirements for Special Flood Hazard Area
(A) All projects proposing the development of property located within a Special Flood Hazard
Area (SFPA) shall be required, regardless of the proposed land use, to submit a site plan
prepared by a registered engineer, landscape architect, or land surveyor in accordance
with the provisions of Section 2.5.
(B) Flood damage prevention regulations contained herein shall apply to all Special Flood
Hazard Areas within the jurisdiction of Orange County, including properties located within
the Extra-Territorial Jurisdictions (ETJs)of local municipalities used for bona fide farm
purposes in accordance with Sections 160D-201 and 160D-202of the North Carolina
General Statutes.
Orange County, North Carolina—Unified Development Ordinance Page 2-13
Article 2: Procedure8
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) If the Conditional District includes the subdivision of the subject property, that
subdivision shall proceed in accordance with the final plat requirements of
Section 7.13.
(a) Phased subdivisions shall be permitted to be platted according to
phases, with Performance Guarantees provided according to the
elements featured in each phase.
M(i) Sub-phasinq may be permitted at the Planning Director's
discretion, but may not allow for proportional or partial provision
of Performance Guarantees.?
(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:
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: Procedure?
Section 2.10:Variances
(a) Alter the basic relationship of the proposed development to adjacent
property.-;
(b) Alter the approved land uses.,
(c) Increase the density or intensity of development.,and/or
(d) Decrease the off-street parking ratio or reduce the buffer yards provided
at the boundary of the site; and/or.-
A(e) Alter/modify the sequence of an approved phasing plan.?
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:
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: Proceduree
Section 2.13: Exempt Subdivisions
SECTIONSUBDIVISIONS
2.13.1 Generally
do not nnncfifi ate o s brlivicinn ore fn- end in Sen#inn 7.2.1.2
(B)(ALOne electronic copy of the plat and one copy of the final mylar plat and for recordation4
three papGF GGPieS of the plat shall be submitted with the request for a determination for
an exempt subdivision.
(C}(B) Consistent with State law, €exempt subdivisions shall comply with all applicable non-plat
Zoning and Building permit requirements of this Ordinance.
2.13.2 Review and Action
sus.
(B)JALIf the Planning OireGtOrDirector determines that the proposed land division is exempt
from de-es not r nnstitute o subdivision regulation, as reflected in Section 7.1, the Planning
DiFeGtOrDepartment shall certify the proposed land division as exempt a44d-_by 4he
nenessary StateMeRt„nsigning the final plat Gert;f yiRg S
(g(BB) If the Planning Director 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 Planning Director, shall require only:
(a) An application;
(b) An electronic copy of the plat; and
(c) A molar of the 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 applications
s This language should focus on administrative processes.The classifications of subdivisions are clarified in Article 7
and that should be the primary reference.
n Update for contemporary needs.
s Rewritten for clarity.
6 DAC is not functionally a part of review.Such subdivisions cannot be approved without Emergency Services and
Environmental Health approvals.
Orange County, North Carolina-Unified Development Ordinance Page 2-41
Article 2: Procedure§
Section 2.14: Minor Subdivisions
(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 provide written
notification to the applicant detailing the reasons for denial as an
expedited subdivision.$
2.14.2 Regulated Review
(A) Preliminary Plat
(1) Application Requirements
(a) Subdivisions qualifying for Regulated Review under Section 7.2.2 of this
Ordinance, as determined by the Planning Director, shall require
(i) Applications submitted in accordance with this Ordinance,
notably Sections 2.2 and 7.13; and
(i i) An electronic copy of the Preliminary Plat.
(2) Preliminary Plat Review and Action
(a) 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 business days for
review and comment.
(b) The DAC shall review the plat and associated materials for compliance
with this Ordinance in addition to applicable local and State regulations.
(c) A Neighborhood Information Meeting (NIM) NIM report and recording
shall be provided to the Planning Director, as required by Section (B).
(d) 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 notification regarding any reasons that are the basis
of a denial.
(i) The applicant shall respond with revisions within 60 calendar
days of receiving comment or request an extension.
(3) Neighborhood Information Meeting for Minor Subdivisions
(a) A minor subdivision application shall require a Neighborhood Information
Meeting (NIM) if it proposes more than five lots, excluding open space.
(b) As a component of a Preliminary Plat application, the applicant shall
schedule a NIM and shall obtain property owner mailing address
information from Orange County.
(c) The applicant shall mail notices of the meeting to each property owner
within one thousand feet of the property proposed to be subdivided.
Notices of the NIM shall be mailed by first class mail at least 14 calendar
days prior to the date of the meeting.
(d) The applicant shall place a sign on the affected property, including the
date, time, and location of the NIM, and the Planning Department
telephone number. The sign shall be posted on the affected property at
least 14 calendar days prior to the NIM. The NIM shall be held a prior to
Final Plat Application submittal.
'All subdivision approval/denial language should be consistent in UDO.
$Addresses clarity and concision needs.
Orange County, North Carolina—Unified Development Ordinance Page 2-42
Article 2: Procedurm
Section 2.14: Minor Subdivisions
(e) The purpose of the NIM is for the applicant to present the proposed
Preliminary Plat to persons in attendance, to answer questions about the
proposed subdivision, and to receive comments from neighboring
property owners for the purpose of improving the proposed subdivision
design.
(f) The applicant shall submit a recording, audio or audio/video, along with a
written report of the NIM to the Planning Department.
(i) 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; the time, date, and location of the
meeting; 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.
(q) The NIM report and associated materials shall be submitted prior to
preliminary plat approval.
(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;
(ii) Required plans per Article 6, including, but not limited to, a
T Landscaping Plan and Stormwater Management Plan; and
(iii) 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.90
(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 molar 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
9 Updated to reflect contemporary standards and expectations
io Approval/denial language to be consistent throughout processes.
Orange County, North Carolina—Unified Development Ordinance Page 2-43
Article 2: Procedurft
Section 2.14: Minor Subdivisions
files an extension request.'
(b) The approved plat and any associated documents must be recorded
within 90 calendar 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.
(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 ee+s+on ProEesses and Flow Charts
11 Provide consistency throughout UDO
Orange County, North Carolina-Unified Development Ordinance Page 2-44
Article 2: Procedurtg
Section 2.14: Minor Subdivisions
Review and approval of M Minor
Sbdi„ioinn a plicatinns shall adhere to
the PF96266 t-1et;llet-1 hem.The \Subdivisionsapplinan+shall i+emnns+rate nnmpliance itionalPre-application Meeting submitt
..i#h the rlevelnpment +anrtarrls of Concept Plan Application
7 of thisview)
Ord*nanGe:42-1
2.14.2 Types of Review Re iew of Concept Plan Application by O ange
unty Development Advisory Cornttee
(A) Traditional Rewnei
subdivosmons that do not
N ighborhood Information eeting
qualify for Expedited Re„ie,", (Flexibl Development with m) than 5 lots)
under Cec}inn 7 7 7 of+his
OrrlmnAnGe, shall adhere to the
#rarJi+focal r
comprised of a Gencept Rlan Initiation o final Plat Ap ication Process
and Final Plat Applica}inn
(B) Expedited Review
Issuance of Co tion of Completion of
211 bdivis ions qualifying Septic&Well R ired Final Plat
Expedmte't Revie."i 1 inr-er Improvement Im ov ents Application&
Cec}inn 7 '> 7 of this Ordinance Permits (ro d,dra age, Survey
shall require only an etc.)
appliGatiOR and plat for +
Installat' n of I uance of
2.14 E.,r,e.�i+e.� oe.,ie,., Re Ired PS I
Lan taping Scho 1 Board
(A) Reviewra^d Antonn
0) The P DireGteF
shall .tetermine if the
plat and application Submittal of Final Plat
conform with the Application
reg�sire meets of
Con}inn 7 ') ') of this
Ordinance
Recordation of Plat and
(2) A ee,;,pleted Development Agreement at
appliGation shall be Orange County Register of Deeds
entered into the permit
rem
(Z�)The Planning DireGtGr shall ma'ofLe a final dote inmatiOR GR approval or denial
#h n�ll�+in mvpa nc���A�� ._... - ihmi}}al of the a na 10na#inn.
(4) if the applicatii�no�_n ii porn iorJ the lanning director shall notify the applicant_
(5) if application is denied the Planning directs-shall issue a letter to the
applicant detailing the reasons for denial and identifying modifications necessary
for potential approval 13
12 Diagrams/flow charts are useful guidance documents and should not be placed in a regulatory document.
" Expedited subdivisions are mandated by State law and this language unnecessarily complicates a statutory
review.
Orange County, North Carolina—Unified Development Ordinance Page 2-45
Article 2: Procedurtg
Section 2.14: Minor Subdivisions
(B) Aotion Subsequent to Approval
Minor Subdivisions
�1) Theme Direster shalt sign the pat and
accompany the applican++n the llffice of the Register
(Expedited Review) of deeds for rennrd ing
Sub m al of Expedite eview
ConGept P�14
Alication lat The applicant shall prepare a sketch plan of the
I eii+h the Planning Department for initial review and
kneel+a+inn D 1ring this initial meeting the Planning
Review of P t by nge County Department qh„I �sethe c„hrliviripr nr his/her
Develop nt Advisor ommittee a,,thnrl�ed agent of+he reg la+inns pertaining to the
,
required in order+e c phi with the n ensof this
9rdn;anee, and the preced e gyres +e he fellewed in the
Recordation of Plat at Orang prepare+inn and sbmissien of the rgngep+ Plan
County Register of Deeds ��
(A) Application Requirements
('',1) Appl+eatisns-shall be submitted on ferRs
provided by the Planning department in accordance with Cention 2 2 of this
Ordinance.
(2) AggliGations shall ir,u.r indude
(a) TwO espies oa-acme-SG led GonGept Plan drawn to the Spe+ifin�ns
outlined- in Centien 7.14.1.
/h�) A Vninity p shewing the IGGa+inn�nf the �+��hdiVisinn OR elatiGR +o the
.1QAQTVT.Z.T�TT�fT Tvrrcozrrc
evil+inn street er highway system.
(6)A se+ls Glass+f�Ea+ion map for the property.
/d\ topography map f the property
(e) A map showing e p#ally sensitive areas on the property (,�
streams special flood hazard areas' ZeRiRg erlay districts
'conservation easeents \etc m
/f,l)Fer �Ainnr uiiirzing the Flexible Development Option, a Plan
illustrating proposed lots fnr residential use and Common Open space
(Primary and secgndary) as well as the treatment of passive and ac
open space areas (e.g., nati,ra ndisfi shed areas trails, recreatinaMepal
pities)
T
(B) Neighborhood Information Meeting for Minor Subdivisions utilizing the Flexible
Development Option
(1)A minor subdivision application using he Flexible Development Optionshall
require a Neighborhood Information Meeting (NIA) if'# proposes more than five
Intl excluding open space
(2) As a component of a Concept Plan application the applicant shall sGhe�_�ed.a.'o ale a
address information from !bongo County Land Records data and mail notices of
the meeting toe ch owner of property within one thousand feet of the property
proposed te be subdivided.
is The Concept Plan has been ineffective as a Planning tool—applicants are either unprepared for the Concept
Plan's requirements or they have assembled the data to immediately proceed with preliminary platting.
Orange County, North Carolina—Unified Development Ordinance Page 2-46
Article 2: Procedurq
Section 2.14: Minor Subdivisions
(3) N 3nees ort#e N I KA shall be mailed by fiFSt Glass ma„ at least 14 days prier to the
date of the moo+in..
/Al The applicant shall plane a n on the affeGted property indiGa#inn the tetaai
ITT- r'-c�P^va^r`�'�t.'-P�cr.�l�r��mrr�arr �rvperry-��-rar zn-rgzrT
number of In# reposed the date tonne and Irma#inn of the AII�A• and the
rr�vc�-m�vc.�--�rvpv �rr�aa�.� T�cr�rwac�m,��,--�v�r�crrc-rrnvr,-m-rcrm�.
Planning Departmenttelephone Sher. he sign be posted on the
affected property at least 14 days prior to the AIIAA The NINA shall he held a prier
to Final Plat Appllcatiep submittal
(5) The purposefo the is;for pplican+to present proposed Gonvept
Planto
persons in attend'urnrGe, +e aRswer estimps abeu t the n ed
uhdiVision and +e reGeive from n ghhering p peFty o s fer the
purpese of impreVing the n sed suhdivisien design
report of the Neighherheed Inform a#inn Meeting to the Planning department at
least 1�4days bef- e SElhmi##ing a Final Plat a for
r the o hr#i ioign
(aa) The-�"w�rritternrreport f t� meeting shall a list n�f thrnoGepersons and
nrnani7atinns nnntanted about the meeting and the manner and date of
Gentae�t e me, date and Inns#inn of the meeting; a roster of the
persons in attendance at the meeting; a su rnmary of issues discussed at
the meeting; and a desnription of any changes to the applination made
by the applicant as a res -It of the meeting
(C) Rev P-In and Antonn
0) Department+ II •e the GenGept Plan feerr�general GeMpl:aRGe
a,zg-�enr shall ��r<
with the r eats of this ordinance
(2) A GGMpleted GGRGept Plan appliGatieR shall be entered ORW the permit reGE)rd and
planed on the agenda of the next available meeting of the deyelepmen+ Advisew
remmi+tee room
(3) -rhp DACGhAll r iiitzmf the GonGep tPlannfforrggeeneral compliance with established
with nnmplianne ith other applinable Innal and State regulations.
( The revoew shall Gl u d e determining the presenGe of any sites i d eatled
fin "An IRVentor\/of Sim f Cultural, HisteriG, R8GPeatienal, B0910giGaldd
Geological Significance in the Unincorporated Portions of Orange
QeWRty" and "IRyentory of the Natural Areas and Wildlife Habitats of
• n
(4)Thee DAQ steal eGeMMendat'0RvR te-the P';-;Pn!Rg DireGterro_regarding the
application no later than five business days after the dAC meeting
r5The Planning_vector shall make a final determination on the approval or denial
of the i.Whin five h616'Ress days from the submittal of the DAG
recnmmendatlnn
/R�)if the appnGa+i 1s a Pedtre Planning D'reGtGF shall issue aTetter�f
approval a6ithoriZing the a plican++e hegira the pFOGess of developing the Final
Plat appliGati n paGkage The GGRGept Plan shall for valid for one year from the
date of appreva�.
l7�)if the application is denied the Planning Director shall ssye a letter to the
applicant detailing the reasons for denial and identify )ns n8%ssary
9 1A F Final Plat
Upon approval of the Concept Plan by the Planning Directer, the subdivider may proceed with
preparation of the Final Plat
Orange County, North Carolina—Unified Development Ordinance Page 2-47
Article 2: Procedurti
Section 2.14: Minor Subdivisions
(A) App4iGation Requirements
aGGGrdanGe MI.
Faction 2.2 of this Qrrlinance
(2) Appi+eations shall ire-
(a) Ten crr-GGPie f the Final Plat prepared in accnrrlance�.iith CeGton
7 1 A 1(B)of this 0rdinonro• `"'fY'
/h�)A co�fthe Final Plat
di�#iron9 Health Department nnre-yaildeniol for
c each In+ hnI.Ain thereon;
�
(G) Auxiliary dGGUmento-prepar �n a +h Ard� f this
prepared � ese;d�aR�ee�9' +iR
Ordinance which eRSUFe pdetien andlAr m intenance of required
# S de ent me rle h6lt ne+ he limiter! to
�rn;�rever�en�s�c�i�c�„� S-n�`y� ,
private read maintenance agreement; aRY i Performance
(_��arantees fer required i nts• and guarantee- of ins+ally+inn of
aRY required read s
(d) A GOPY of the Plat rlina approval of the plan tE)GO i
sedimentation and ernsien during en`st ��ntion of imprn�ie �t�, ere
an Frnsinn and Cerlimentatinn Gentrnl Plan is required, it shall comply
with the nr^y� 8 �`� ll's rrlinanne. If a C� on n� TrvnQ
Sedimentation Gen#rnl Plan is net required, the need of the Final Dlat
must he sinner) b y the FYoslnn (`petrel Offiner nertifyinn that a plan
o-�--ura9`r�cvv�zrrr�-rvavrr-vvrRrvrvrrrcc�--vcrmYT'��crruc-a-�aTT
waiver s been appreved er the a nt of land disturbance enen the site
is RGt subjest tG the prevTsiens Gf SeGtiGR 6.15 of this n neez.,;a
(e)A statemeet dessribing zn ds prepe �e pry +al
e� se est env�Ren�
reSE)Urces identifier! in "An IRVentnp/of Cites of Cultural, Histerdc
Recreational Riningical and !'_eedegical Significance in the
I Ininnnrparaterl Pertions of Grange County" and/or"Inventory of the
Alafi�rol Areas and \A/ildlife H-;;hitats of Orange County, North Garolina" 95
(B) Reviiew and A&t+on
0) The Planning DoFeGt()F shall determine Of the plat and appliGation GE)nfE)Frn with all
appliGable regulations.
(2) Auxiliary dOGUments required by Artide 7 shall be submitted by the Planning
rlirectnr to the County Attorney for review and recnmmendatinn
(3)The Planning Director may submit copies of the Final Plat application and
a ccnm po nyi pg maternal to other officials and agencies for review and comment
.
QtheF ppeeteet'al reviewers include but are not limiter) to':
(aa) NC DOT-,
/hamOrange County Schools,
(G) Orange County Land Records,
(d) G0 IRty A++nrr,ey,
(e) QraRge y€nV'FeRMeRtal Health,
(ff) Qra„ge GE)URty€msrien per
(h�)Puhlin Utility rempaniesan and
is 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 2-48
Article 2: Procedurt8
Section 2.14: Minor Subdivisions
_rang_ Department oTE.w ffeRt,Z AgFi GUIture, FQ Cs and
Recreation (DEAPR) 16
provisional suitability, unsuitability of the
proposal. Re6m nme oohs of the,
may he incnrpnrated�a GA-GA-A d-i ei� �"f� 'nnrn"�I of thysubdivTsionn.
(5) The Planning rlirertc_)rq�hal�k ar--tion on an app"Gation solelyen his/her
findings as W G9MpiffianGe with appliGable regulations and A-end—itions and shall
ether:
(a) Approve the app"Gation; or
(b�) npprove the a pliGatienn with rGe enS;17eF
(e)Deny the appl+eatien.
(6) PerfermanGe Guarantees shall be reviewed 'R aGGG)rdanGe with the prev'S'E)RS Of
Section 2.27 of this Qrrlinance
(7) Thelanning rlireEtGr shall tify the liGant�-aGtie 'tins
rr� '� n-r,et�y�T,G-a ppR g
(q nGtion Subsequent to Approval
0) The appIriGant 1 submit Teprod Ucible mylar original of the Final Plat to thfe
Planning Direr--ter for enrinrsemen+v.fithin one year of Final Plat approval
(2) The Rlan�ninggDirireG++nr may grant n exterts+en�nf tThrtq-time I4mT it tn- ene year from
rom
the original date of expiration if+he applina nt files an extension application in
accerdance i.umth Centinn 2-.-2-.
endorse a ,al of the approved Final Plato a repredUdbie mylar original after
all +h fi tign t„re�P heeR ebtaieed. The RaRning DireetGr shall
Wiper ce#;nea�s�natGrG e�
prepare the Declara+inn of Restrictions
signatures have been obtained -nd- County°++) pleta—_rhe
applicant shall then make an appointment with the Planning Dire Gter to have the
approved plat and any assngiated rinci 1ments necessary to ensure cn nfnrmance
�n,ith regulations lations FeGorded in +he Offiee�-of the Register of fl _-_6. The ^'c-appre ed
w,zr,--r"J��acrv,� rG �mrr�m�-r �r�.." Register
plat and any assncia+erl dear. invents must he recorded within 90 days after the
Planning Direntnr's endorsement of approval
(5) —Theme ;restershalll accompany the appliGan++g the Register Af Deeds
Office to ensure the approved plat and any required deci invents are recorded in
the correct order and to fill 'n the honk and page references where applicable
Documents shall he numbered in the order they are to be recorded. order is
as follows:
(a\a) Approved plat
(b)Road Ma'ntenance Agreement, if required
req.u}red
(c) Decla restrictions
(d) HemeeWRers/Preper#y Owners' ssoeiatien doGLImeRts, of required
(6) if the approved plat is not recer#ed within the specified tome peri d,the plat is
veil
16 Language revised for clarity—DAC and its duties clarified in Article 1.
17 There are no grounds to impose conditions on a by-right subdivision.
Orange County, North Carolina—Unified Development Ordinance Page 2-49
Article 2: ProcedurA"
Section 2.14: Minor Subdivisions
(7) The PIanRiRg DiFeGtE)F may exfeRd }�Qea�'�e fA-,=reserdprovided
appnea„rea„ demGRstaate agond effort tG GE)Mlwith the deadline, but �
reasons heyenrl his/her oontrnl' fails to moot the requirements fnr rennrr✓atinn
within the Specified n�eried.
/Q�)All final plats shall nonfnrm to drawing sper--ifin ns and nertifiretinn
requirements fnr Final Dlats nnnta inert in Qeotinn 7.14 2 of this ardinanne
(9) of the approved final plat, and any required auxiliary doGurnentation
shall he wroth the ardvire anrd consent of the Planning Direntnr.
Orange County, North Carolina—Unified Development Ordinance Page 2-50
Article 2: Procedurfg
Section 2.15: 17FMajor Subdivisions
SECTION • ' 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 a of a
letter to the applicant
Referral to a Development Advisory Committee of a Concept Plan
Public agency review of the C ncept Plan
Neighborhood In/
rmation Meeting
18 Planning Board eview & Appro I of Concept Plan
Diag
ram
s fl Prelimina Plat pplication
OW
char
is Finding of Applicatio mpleteness and issuance
are of a lett r to a applicant
usef
ul Referral to Development dvisory Com ittee of the Preliminary Plat
quid
anc
e anning Board Review nd
doc Rec mendation of the Prelimi ary Plat
ume
nts
and Board of��ty
Commissioner's acceptance of a Planning Board
sho recomdation(s) and action regarding the P liminary Plat
uld
not
be App' ant completes all required public improvements r posts
plac acceptable financial security to ensure installation
ed
in a
regFinal Plat Application
ulat
ON Plannina Director Review/Approval of Final Plat
doc
ume Recordation of Final Plat
nt.
Orange County, North Carolina—Unified Development Ordinance Page 2-51
Article 2: Procedurt@
Section 2.15: 17FMajor Subdivisions
2.15.1 Preliminary Plat
(A) Application Requirements
(1) Applications shall be submitted in accordance with this Ordinance, notably
Sections 2.2 and 7.13. For Conditional Districts, applications shall also meet
standards contained in Section 5.21.
(2) One electronic copy of the Preliminary Plat;
(3) Auxiliary draft documents including, but not limited to: private Road Maintenance
Agreement, Declarations of Development Restrictions with elements such as
Open Space provisions and protections, Homeowner's Association articles of
incorporation, and Homeowner's Association restrictive covenants.
(4) The applicant shall hold and document a Neighborhood Information Meeting as
required by Subection C below.
(B) "Planning Director Review and Approval Procedures20
19 Highly redundant requirement,as this is required by FEMA, NCDPS,and Orange County, per Article 6.
20 Redundant and unnecessary language
Orange County, North Carolina—Unified Development Ordinance Page 2-52
Article 2: Procedurg6
Section 2.15: 17FMajor Subdivisions
(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 business days for review and comment.
(a) The applicant shall respond with revisions within 60 calendar days of
receiving comment or request an extension.
(2) The DAC shall review the plat and associated materials for compliance with this
Ordinance in addition to applicable local, State, and federal regulations.
(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.
(C) Neighborhood Information Meeting
(1) The applicant shall schedule a Neighborhood Information Meeting (NIM) and
shall obtain property owner mailing address information from Orange County.
(2) The applicant shall mail notices of the meeting to each property owner within one
thousand feet of the property proposed to be subdivided. Notices of the NIM shall
be mailed by first class mail at least 14 calendar days prior to the date of the
meeting.
(3) The applicant shall place a sign on the affected property including the date, time,
and location of the NIM, and the Planning Department telephone number. The
sign shall be posted on the affected property at least 14 calendar days prior to
the NIM.
(4) The purpose of the NIM is for the applicant to present the Preliminary Plat to
persons in attendance, to answer questions about the proposed subdivision, and
to receive comments from neighboring property owners for the purpose of
improving the proposed subdivision design.
(5) The applicant shall submit a recording, audio or audio/video, along with a written
report of the NIM to the Planning Director.
(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; the time, date, and location of the meeting; 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.
(b) The NIM report and associated materials shall be submitted prior to
Preliminary plat approval.
(D) 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 amend or modify the approved Preliminary Plat such
that is not a minor change, the Planning Director shall require a new preliminary
plat application.?
(a) A change may be considered a minor change if it does not involve any of
the following:
0) Any substantive change in a condition of approval;
(ii) An increase in the number of building lots proposed;
21 It 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 2-53
Article 2: Procedurp
Section 2.15: 17FMajor Subdivisions
NO Any 5% change to the location of or any decrease in the amount
of open space, buffers, or area reserved for recreation use;
(iv) Any change in pedestrian and/or vehicular access networks that
will alter traffic circulation patterns and/or road classifications;
(v) Any change in the provision of services such as water supply
and wastewater disposal; and/or
NO Any substantial change in the location of utilities or other
easements.
(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) If a phasing plan for construction of the subdivision is approved, as
permitted by Subsection F, the expiration date of the subdivision's
Preliminary Plat shall be governed by the time period(s) approved as part
of the phasing plan and any vested rights established for a Conditional
Zoning or Special Use approval.
(E) 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 2.15.1(D)(2), 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 Preliminary Plat is required.22
(F) Phasing Plan
(1) A development Phasing Plan consistent with Section 7.3 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.
2.15.2 Final Plat
(A) Development Improvement Requirements for Final PIat23
(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,
22 The statutory 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 2-54
Article 2: Procedurgg
Section 2.15: 17FMajor Subdivisions
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 be submitted in accordance with this Ordinance, notably
Sections 2.2 and 7.13.
(2) One electronic copy of the Final Plat;
(3) Required plans per Article 6, including, but not limited to, a Landscaping Plan
and Stormwater Management Plan; and
(4) Required auxiliary documents prepared in accordance with Article 7 of this
Ordinance.
(5) Any necessary Performance Guarantees, as determined by Orange County.
(C) Review and Approval Procedures
(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.24
(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 that include 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 approved plat and any associated documents must be recorded
within 90 calendar 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.
(b) The Planning Director may extend the recordation deadline by one year
from the original date of expiration upon a request by the applicant that
they are unable to meet the deadline for reasons beyond the applicant's
control.
(2) If the applicant proposes to amend or modify the approved Preliminary Plat such
that is not a minor change, the Planning Director shall determine if the change is
minor, as defined herein, and requires only a Final Plat revision, or is major and
requires a new preliminary plat application.25
24 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.
25 It 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 2-55
Article 2: Procedurq§
Section 2.15: 17FMajor Subdivisions
(a) A change may be considered a minor change if it does not involve any of
the following:
(i) Any substantive change in a condition of approval;
(ii) An increase in the number of building lots proposed;
(iii) Any 5% change to the location of or any decrease in the amount
of open space, buffers, or area reserved for recreation use;
(iv) Any change in pedestrian and/or vehicular access networks that
will alter traffic circulation patterns and/or road classifications;
(v) Any change in the provision of services such as water supply
and wastewater disposal; and/or
NO Any substantial change in the location of utilities or other
easements.
2.151 Revnew and Des+eion ProGess Flow Chart
2.15.2 Ce„oept44an21
(A) Pre Ap mEation Review
The purpose ef this infermal meeting is te intredUGe the appliGant te the previSieRS ef this
Qrdinance and disci ass his/her ehiectiyes in rely+inn thereto
(B) On—Sate Vmsmfc27
0)Prmn�nr-to-s u brAAissinn nf�ono+ent Plan an appppin'cvaatlon the applicant shaalll�+hPd--llP a
mutually Gcwvenient tome to walkthe property with the PlanningDir .GtOr—The
purpose of thie digit is to familiarize the Planning rlirectnr with the property's
GpeGial feats gyres, Rd ten yirle an informal opportunity to offer guidance to the
nlicant r arrting the tentaW.469 Incatinn of Cecenrtary Open Space Areas
petential rhwellinn locations Rd petential street alignments
() Pr*er_to scheduling li
schreduurn g the on— sit, th�nplicannt steal-c`ll have prepca.rred the SicC Site
Analysis Map as required in Section 7.1 Q ` (A)(3) and shall submit the Site
Analysis Map to the Planning director when the on-site visit is scheduled.
l4�)fhe nn_ T� 'Slot-SGhed I� hefnre hmi l of the (`nno+ept Plan
�-rc-vrr � 'zr'r vcrvrr r.�rrrr r-vrc�rt�vvrr Yr-r-rcnT
application it shall nccUr prior to the Neighhnrheed Information Meeting
(C) p"Gation Requirements
0) AppliGations shall be submitted en forms provided by the Planning Department
accordance a-ith Centinn 2.2 of this ()rrtin;-;
(2) AppliGatioons shall in dude:
(a) An Orange County Geographic InformationCvsterns (GIS) Map showing
jug ,-,--o,-err-�9� I �o,o�-`oTt.� oo°-"--`q
the location of the parcel to he su bdividerl
21 The Concept Plan has been ineffective as a Planning tool—applicants are either unprepared for the Concept
Plan's requirements or they have assembled the data to immediately proceed with preliminary platting.
2'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 2-56
Article 2: Procedurm
Section 2.15: 17FMajor Subdivisions
/h�\)25GGP08s of a waeept Plane preposed major subdivision prepared
0R GGerrd-anGe with the s cifications for f nnGon+ Dlon drawings 0
66n+tained 'n C�+inn 7 12- \ of this Ordinance A Goncept Plan shall
�rry rrvrrr.-ram vm-rvcpr-r-rurr.�rna-rr
innl�ode the felllowinn•
ASite Analysis pan;
A Conventional Development Option; and
AFlexible Development Op+inn y p
(3) in�iel� n-ff iaa three-partrvep+ Plan one Gennppt Plan be submitted Of� the
plican+ is seeking approval only of a Flexible Deyelepmen+ Plan The applicant
may oleo c mbine the Cite Analysis Map and the Flexible DeyelepmenI Q. ion
into a gle an, sided +he informa+ r•ion required in Ce +ion 7 1 Q 7/A\ is
displayed in clar and legible ferm If an applicant cheeses this ep+ion he/she
shall c nhY with the n s for determ g density contained in Cec+ion
7.1'
/A\ A cnmparisen of the im pants of the Flexible Developmentp
t,•�r vv �spa �av v the � I Ipp6Ca v� a is crc�o�c Option to these that
i.yo Jd result from the ('nnve ntinnal development Option.
(5) A.g-her--kiist identifying Gens.stenGy With app"Gable design guidelines as r---A-Ptained-
in Section 7 12 Q/C2\
(6) Number 10 (business)sized envelopes i"A"fmth fmrqt postage affixed- admre-ssed
to each ei.yner of property within 1 00-00 feet of theproperty p ed to he
ubdoy0ded Thenames and addresses of property aWRers shall he based OR the
cUrren+ lis+inn a shown in the Orange G9 inhi Land Pecerds System
(D) Neighborhood Information Meeting
!1\ + f a GenGe + Plan liGa+ien the pliGnn.+t .alp ullee a
��As-a-sempor<ent-o,-a-wr< pr,-�-a pp.T �-ap,� shall ss#�ed
Ne4ghberheed linfarmatin-in Meeting (NIM) and shall obtain prGper-ty owner mailing
ad-d-re—ss; im.f.e.r.mat-A-R. firarn.. Orange County Land ReGGrds data and Mao! n0tiGeS Of
the meeting to each owner of property within one the sand feet of the property
proposed W be subdivided.
(2) Not+eesof the NIM shall be mailed byGlassmail at least 14 days priero the
date of the Meeting.
/3 The a pP^lcvnt shall place a C'ryn on the affected property nindica'ning the total
number of lots lets_proposed the_ihe date, times and location of the NIM; and the
Pla�ann.ingDrtm epaa��o�_�.t_tvnt telephone number.n.a�_timber The sign shall be posted on_th the
affected property at least 114 days prior to l iIM.The INIM shall be held_aelrJ a
minimum of 14 days prier to the Planning Beard meeting at which the concept
plan is scheduled to he reviewed
!A\ The purpose of the �II�Ai is for the applies t tG present the GenGe t Plan to
1t� e�arpv vrcrr prr 'T�-`v--P'present pry--ramv
per6GRG in atteRdaRGe, to answer g stings about the proposed subdivision, and
to receive eemments from neighbering property owners fer the purpose of
i mpreving the propesed subdivision design
(5) The appliGant shall submit a reGE)rding, aud-ie- A-r-A-A-ielvidee, a'E)Rg with a written
report of the Neighborhood Information Meeting to the Planning department at
least 14 days before submitting the Preliminary Plat
(aa) Theme iri++�__.tenn report of the meeting shall include a_fide a listof these persons and
e rgap izat'ons contacted about the meeting and the manner and date of
contact; the time date and location of the meeting; a rester of the
persons in attendance at the meeting; a s rnmary of issues discussed at
the meeting; and a descriptien of any changes to the application made
by the applicant as a result of+he meeting
Orange County, North Carolina-Unified Development Ordinance Page 2-57
Article 2: Procedure
Section 2.15: 17FMajor Subdivisions
(E) Planning Director Review-ProGedures
0) The P D;reste-shaImoll prepare and submit TeGernmen�'�; te the
Planning Beard which shall incL de the fellewing•
(aa) A written analysis of the wept Plan;
(b�)The Goncaept D�'C general nmmPlianno with the requirements of this
Ordinance,the Cam'prehensiye Plan aprd other appdicande comes anrt
,.�ru-rr�m-rv�crr��mTrprcrrc. .�ry , .Tc�rry
GFdmnanGeS; and
(G) The of property owners expressed at the
Neighberhnnrd Infermation Meeting
(d)WhiGh Development option Ran is re68rmrnmrrended feteeventual
Preliminary Plat p
(2) The RaRR;ng D:restGF shall be permitted to defer t�ppliGateand
renemmenrdatien fer ene meeting be\Wnnrt the Planning Beard meeting at which
the application is Scheduled to he heard
(F) Planning Beard Review and Approval Procedures
r��r �a�������y ova AA
0) Afte.r ram+ the Planning Dire+tror's repert andTeEemmenrd atinn the Planning
Rnarrt shall cnpsirder the Goncept Plans;—;nrd take antion on the proposals
(2) The Planning Rnarrt char I an-tion en its findings aa?to the r--onfer 9
the proposals with all applicable regulatieps anrd shall•
(a) Approve one Development Option•
(bb) Approve one Development Option subjeGt to nn oons; or
(6)Deny the Developmentt OptiGnS.
(3)ThePlanning Beard shall vote n whether thedeyeleprment-sheulc� ld--preEeed as-a
GORventienal Ile„elepment Option or as a Flexible Develepment Option
(a) if h,att`P'eette appFeves-the Development nr,tinn regnmmended by the
Planning Director the vote by the Planning Beard is the final rtecision OR
whether the development prnneerds ae a rnn„ent0nna1 Development
Option or as a Flexible Development Op#G�.
(b�)if the lanning Beard vote sathe-than one approving the DeVelnpment
Plan Option recnmmenrderd by the Planning Director the application shall
whether the development shall proceed as a Conventional development
Option or as a Flexible development Optinn
(4) if the Planning Board approves a Development Option subject to conditions, such
cond ions shall he reasonable and shall seek to ensure compliance with
applicable regulations.
`5) if the Planning Board denies both Development Option the reasons r the
den'aalshall he stater) in Writing to the applicant anrd entered into the m ni ites of
the meeting at which sUch action was taken
meetings,(6) if the Plannong -RA-R-.rd- fails te- take aGt'GR w.th'R tWG regularly SGheduled
or extension thereof to a ate certain if of Bch extension is agreed to by the
.l
applicant the application shall he ferwarded to the Beard of County
Commiss'oners with the Planning Board minutes and the Planning director's
recommenrdat'nn
(G) AGtIGRS Subsequent to Approval
Orange County, North Carolina—Unified Development Ordinance Page 2-58
Article 2: Procedurm
Section 2.15: 17FMajor Subdivisions
if a w,Teept Plan QevelopMee#^�n#inn, is approved er approved with GOR itions,
the Planning Roarr# (`hair shall endorse the approval en three GGpies of the
approved Development Option. TWO GGPOeS of the approved Development
Option shall be retained by the Planning Department, and one enpy shall be
Fetal-wed to the suhrlivirJor Pr his/hor a- thnrized agent. One nnnv of#ho
unapproved development Option shall he retained by the Planning department
-mts files. The una
pproved Development Option shall be stamped "ITT
APPP(1\/Cd"
(2) Upen approval of a f nnEept P�Devel.,r,ment Optien by the Planning Beard
the subdivider may theR PFGGeed with the preparatien ef a PF810MORary Plat that is
consistent with the approved f`oneept Plan
(3) The a plinant shall have twe years from the rate of approval of the Gengept Plan
Development Option by the Planning Beard top nrd file —A.n pligatien for
Preliminary Plat approval. If a Preliminary Plat for suhrlivision has net been
cw mitt within the specified time limit the Gencept Plan development Option
shall hecnme n,-ll and vnid
7 15 4 Preliminary Plat
(A) GeneralIT
0) Appli atinn and approval prnced cs sper.-iTfied innttrhrt,66ib Section apply to all
Preliminary Plats evnept and to the extent that applinahle Unified development
(2) The�pp"Gant of mrtfaa ajooTsubdivision may r•mah�oese to vc�he Prelim y Platfr9
a len`gerr time p ed than is etheRNise p yided by this Seetinn If the a pligant
w0shes tee a this option the a pligation a yal p ged gyres in Sea#ien
7 F 5 shall apphy
(B) Appllsaflon Regalremenfs28
Fer every subdivismen within the territGrial jurisdiGtien established by Mode 1 ef this
'nand and which roes not qualify fer exempt or minor si b division a yal
prGGedures, the subdivider shall submit a PFeliMiRary Plat whiGh shall be Feviewed by the
Planning Beard and approved by thte -Rn-;-;rd- of G A-mmissioners before any Site-
dlsturrvanGe cnnstFUGtion or installation of improvements may begin
0) AppliGations shall be submitted en forms pmvided by the Planning DepartMeRt
accordance WA11 Cec#inn 2.2 of#his Orrti na nce
(2) Appl+eations shall inGlu
lam) Major subdivision checklist fo�ory_y_�_am as prescribed by the Plan
Department;
r�rtirr-n'rrrr
(b) 25 copies of_�y_y#hPreliminary Plat of the proposed subdivision_prepared
_yi�n_y
accordance wroth Section 7 1r1 r)!R\ of this Ordinance;
! An Orange Map showing the location of the th parcel #n he
tE Orange�5� Tax Map C-a a-pa,����o p�
/sabdivided ;
(d) A GGpY of the Preliminary Plat indiGatt-iR gg the Health Department's sells
analysis approval/denial for each In#shown thereon;
(e)A wr'tten statement by the applreant e s/#erautherized representative
y.yhieh sets forth the iUstifica#inn for a private rear! if applicable;
21 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 2-59
Article 2: Procedurq�
Section 2.15: 17FMajor Subdivisions
/f) Auniliary dOGUments, in draft form prepared on eeserdaRee with 7
of this Or/dlnapce which ensure GE)Mple+ion anrdler m intenance of
n rn�iements requyxed hey this Oryd%Tv�vmunv� I�iy^ling but not limited- to-
private roar) maintenonA_e_ agreement herneo iner's�ossnni-3}inn ;;rtinlos
(g) A statementrdcsfiri�vmg the methods "v proposed tG ProteGt environmental
resn-ernes 'dentif4tQd in "An Inventory of Sites of Qdt,1ral Historic
Renreatlonal Rielogiral and ('_eninginal Cinnifinanne in the
I Inincorperated Per+iens of lira e Gee Rt y" and "Inventery of the Aloft Ural
Areas and Wildlife Huts ef� �f Orange GeURty, North Garelino", and
/hh) An Grange rrty Cleoydplain Deve'GpMenPermit, PIGabblle.
)Pl
anning� D.resfer Review eedures �P�'�
determine if the plot anyd o pka+ion opform with all applicable r ula+inns
inG' uyding any plicable coprdi+inns of a yerd Special Use Permit
Ser-Imen 2.27 f this 0-rrdinanne shall he submitted by the Planning Direntnr to
the County Attorney for rel.4eIN and rennmmenyd atinn
(3) UponTeG ewe Dreamy Plat applinatinn the Planning Direr--tox
shall nnpies of the Preliminary Plat and any annnm pa Hying material to the
following nffidals and agencies far revrieiny any- namment•
(a) The D'StFiGt €ngiReer ef the N-CoepFtment ef Transper+�; to revi
preposerd public streets highways and drainage s ys+ems•
(b) Qrapge County Health D epertm en+to-review-prepose GR site
water-
ppl„ an,d sewage .disposal systems;
(E) Th oEd- r--a}in-n Pff the appropriatennl di.Rt�+t to reWieW the
resewation of proposed snhnnd sites and the impart of the propnserd
/rdd) TheOrange County esien Gentrnl Offiner to review thcEr0siennaand
(e) The Orange County Department of En 'renment Parks and ReErea+inn
Department yvn'-mm� r,-r-c`rrc.�--rn-raTT rrvrr
to r ny the lecatien switahilit y anal facilities p seal fer required
recreation a anrd to Feaviewy histeric andwer cm It Ural r
M The eGYRty Iee.dplain Ardmini6t�-a+or to review compliance with
Special Clee.d 4Ja-ard Area r ula+iens•
(g) The P Depa-4PA�ent apedIer Planning Beard of the a late
municipality where a court oceydure has been established by
agreement between the County and them nicipaky
/h) Theappropriate i itility provider where p�i YY GOmmu ��-a�ndrnvr
sanitary sewerage systems are proposed to sewe the subbd -is;o;T
��Rge Cnil and \AT/�a.+� lien y tien Di a general
T�i � er��se�mstr�et teTev+ew:�g
semis rdesnriptien and interpretation; and
County Attorney to review the fvrm M a" ate%66$f
proposed restrictive covenants,
hemeewners atie pts
roadroa maintenance agreements Performance Guarantees and other
s'milar documents.
(4) The re�yi�_o.ffieweweresesignat�ed_n_`o) shall review the Preliminary Plat�ai_and shall
pmyirde a report to the Planning Director on the basis of the suitability, provisional
uitahility, or unsuitability of the proposal
Orange County, North Carolina—Unified Development Ordinance Page 2-60
Article 2: Procedurgg
Section 2.15: 17FMajor Subdivisions
(5)� Where defer��ed +ha+-aIn eMat,mye meaee On fer the
proposal I+e he " table," fi +inn f"prg�ii Ili itahle"
�osa,� ,�eelass ed as se,�,��ce
shall be provided. �eviewer approval is ii+hheld nn this basil the reviewer
�PP'r�_•�^ .r�v�r�v-�r�rrr.Tva �nc�c cwt.
shall identifii the reasons fnr s--ch nlassifina+inn and recommend measures
fl -_I I the proposal may he made The Planning Board magi
Feenmmend and the Beard of County f` may approve identifier!
measures as nnnditinns of approval of the Preliminary Plat; provided however,
ther�nmmending reviewer has the a��therity to enforne s,-ch meas�gyres �
mrrrrT vmg�r,r�wcrrrcr -cra-crrvrn�a
(6) Where n al+ernatoyes a available to address the c gf the re
viewer, a
6taSSFfIEa shall bedded. The reviewer shall provide a list
of+her which resulted in Ich designa+ien
(7) Upon r ipt of the c en+s and r enda+inns fr.,m r s the
Planning D'rectgr shall submit to the Plapping Rgard a iri++en a alysis of the
plication and his/her,,re enda+ign
(8) The Ian iree+rovrshall be-permitted to defer the app"Gationand
recommendation fnr one meeting beyond the Planning Board meeting at whir•h
the application is to he heard
(D) Planning Board RAT � es29
nd l )The Planning Reard shall review the application and the Planning DireGtGF''s
report at a regularly scheduled meeting and shall prepare a written
rennmmenda+inn to the Rnard of County GGmmissinners
regarding thre-appkatieR att-the meeting. The Rapning Board may plaGe
reasonable and fair limo+a+iens n en+s en+s and g es+igns tea eid
��nd��e delay.
(3) The Planning Reard shall +a Le antinn en the appli ation solely on its in�ggs 0
Gornplianr•e with applicable regulations and cnndi+inns and shall recnrnmend•
(aa) approval of the appliGa+iion;
(G) denial of the appliGation.
(4) if the Planning -RA-;-4rd- fails te- take aGt'Gn within two regularly GGheduled MeetiRgs,
or evtensinn +hereof, if agreed to by the applicant the application shall he
forwarded to the Board of County Commissioners with the Planning Board
minutes and the Planning director's recommendation and any conditions
(5) if the Planning Board approves he�_�e application with condition such conditions
shall he reasonable and shall seek to ensure compliance with applicable
regulations and the provision of utilitie6 and/or other facilities needed to serve the
proposed development
29 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 problematic.
Orange County, North Carolina—Unified Development Ordinance Page 2-61
Article 2: Procedurn
Section 2.15: 17FMajor Subdivisions
(6) if the PlanRiRg Beard re6OrmMeRds approval with Genditions, the appliGa t may
end! his/her a pliGa+ien tG GGnfGrm+G ell G -Meof the GGnrlitiens preyid-ed-
the Planning Dorentnr revNQws the amended- applina+inn fnr nnmplianne with
applinable regulations and Certifies that the am m u kn enr- en nnn rn to the
�rt�n of-t#ePlanning Rna �rd r mmenri;;tinn In si iGh Gases the Planning
DireG#nr may amend- his/her report tO Gonform to any all of the Planning
Rnaarrd''s-Pr_Pmm�a;t0nne Tht= Planning DirireG#ror_shall then fn AMArd- his/her
report and the Planning Boards rennmmendation to the Rnarrl of. County
('nmmissinn ers for rnpsid-erotinn at its nevi available h�iciness meetipg
(7�)ThePIanping Beard shall also mo�TeOOmmrmrreFl`tatiE)R rewr cseIi�r
Off;—The Rese'UtiGp of Appreval shall GGr,�rtem GR whiGh Glarity d
dieEtOGn to the pliGa developer may peResessary. These items
0RGIud e but a nG+ limiter! e-.
(a) Sewagedlspesal issues,
/h�) Peads and Qesess�ssoe�
(G) Land use buffers; and lanassapm9;ssoe
(d) Dra.nage�ssae
(e)ParLland- and resfeatnon-lssues,and
(fr) Other environmental issues:
(€) Commissioners RA14e`1A Dronechirres30
0) a Beard- Of Ge Ugh, Gemini S shall h Ianping D'r +
��Th s.Wieners-,�ha�eeeive�ne� o,resto;'s-repo,
and the Rapning Beard's r eRda+ien
(2) Preliminary Plat applleatiens shall be plaGed
COMMissiGpers b Usiness meetipg agenda within 90 rays of the Planning Beard
rese,;,mend-�r_The Beard- of Ge ,nty GGMMOSSOOners shall aGtipon the
appliGatiGn withinreasonable amni in#of time D,wing deliberations and
the reaso.s fnr the need- fnr ad-d-itional analysis and revi ern,
(3) All interested PeFSORS shall be giVeR the opportunity tG speak and ask questions
regarding the eaapppplrlGatiGn�at a bws'ReSS MeetiRg The Rnard of Cn,Kph,
Commissioners may plane r able and fair Iimitatinns on GGmmen+s
aFg YmeRts and questweRS to avoid undue delay. The Board of Commissioners
.-,h-;;" its _ar_,tien en its; findings of conformity with all applicable regulations
G�+Rd siral•r
(aa) Approve the application
(bb) Appreve the a nn pliGa#i vVith r
(G) Deny the ap;lseatt on-
(4) if the Rnard- Gf G0 IRty f Gm es the onPpliGa#i with Gend-i�rrs
��snh GGprlitiens shall he reasGpahle and! shall s eL to+o eSUF8 GGMplianne with
to serve the prepGsed- d-evelopmept
i 1f the RGarr! of f G 1nty GGmmi i proves herpppli atin withrGend-i�ns
A-.r de-Ries; the appliGatiOR, the reasens"_ sur_,.h. shall be stated in writing
to the applicant and entered Onto the minutes of the such actmon
was taken.
ao 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 problematic.
Orange County, North Carolina—Unified Development Ordinance Page 2-62
Article 2: Procedure
Section 2.15: 17FMajor Subdivisions
(6) The Raarrd of f n'Infi,f nmmi II I }aka E theResGl�no.fr
Approval.
SS+Aners sha.r-arse�a n-�,T
'�PP�al.
(F)Asfions Subsequent to Approval
l ) pan onnrnvrol of the Preliminary Plat the Bourn of County Gemmie�����
thes��brdivirder may proceerd with the prepare+inn of the Final Plat and the
.�m�arv-rvcrn�a�rvvccv��c�rc.�
ins+alla+inn of or arrangement for required improvements in annnrrda one i.yith the
approved Preliminary Plat and the req uirementc of this Ordinance
(2) if the appdinatinn i ppprvPed er�rapproved INith nnnrditinne,the Planning DireGter
i mprevements approved a art of the Preliminary Plat approval.
(3) No bu;:diRg permits sh"'Ic.11 be issued te deyelep o „ lot or aFGe! shGWn�nn the
apprEyerd Preliminary Plat Until a Final Plat showing s Uch le}or paFGel is
apprEyerd anrd r arrderd in pliance with Sec}inn 2.15.4.
(4) if the appliGant proposes te substantially amend or medify his/her appkatieR
Preliminary Plat after the Roarrt of GA-1 into ('ammissioners have has approved
}he Preliminary Plat the applina nt shall si Omit an amended application far re"ie.A.,
as a new applieatiop
(5)The approval of a Preliminary Platshall ffes+tiye for a perie d of one year from
the date of approval by the -Board- of('gent"Commissioners. By the�efrsaid
time perinrd, approval of the Final Plat rn E11_ _11E-111 r)st have been obtained from the
Planning Directer, althea ugh the plat need net have been r errderd in the Office of
the Register of Deeds
(6) A Y plat or ertien there9f netTeGefyingfinal plat a ,al within the time peried
set forth in (5) abeve shall he nuII anrd void a ept Under the felleWing nnnrdi}inns.
(aka) Theisubbd;yis+oR is built-''R sest�GRS or-phases, and a pha ps+riy plaR was
approved a part of the Preliminary Plat-,
(b) The perin�etween the approval date of the PreliminaryPlat
approval date of the Final Plat for the first phase noes not exceed one
year; and(G) The per�ed-between rthe ate of+he Final Plat of the first phase
and the approval date(s) of the Final Plat(s) of any subseq gent phases\
does net eviceerd the time limits specifier} in the phasing plan of the
Preliminary Pleat if no phasing plan is indicated, then theperiod
�{,, Final Plat approvals shall not exce^e,d six months.
Y"��"`" " •�
(7\7) if aphasi g plaR for conrstr n+iva-a,_ron_of the subdivision i approved, the exppirnaatioon
date of the Pred'm'nary Plat shall he governed by the time period(s) approver) as
part of the phasing play
(G) Administrative Re Approval
0) Theme!aRR'Rg DiFeGtGF may, within one year of the expiration of a Pr y
Plat re_appreye the expired Preliminary Plato nnrtinns thereef, as long as the
and zoning regulations (where applicable) in effect at the time of application for
re approval,
rt an aRY changes to the a ad design or cenrditiens of approval are
rd nnnsirdarem
(2) A changei may be considered a miner change if'+�r_t does NOT involve any n�_of the
following:
(a) Any substantive slaRge O al,
(bb) n_iync�crease 'n the number of building lots proposed;
Orange County, North Carolina-Unified Development Ordinance Page 2-63
Article 2: Procedure
Section 2.15: 17FMajor Subdivisions
t/ a tinn of or ,y d +
G A�su,�h substantial�.rc�i�.,,ge�„ +h-R�e��ea es�easen theame
of open spaGe, buffers, area � ;,z
o ed for re ea+ien e,
Ld`a) 4n"subbstanti-all rh Gnppedestrian anrJler„ehini-I-ar arras or
(e)Any Ghange on the provision of a sudh as water supply ly and
disposal; and/or
/f) Any subbstantial rh a in the Inner+inn of i u+ili+icc nr�r easements.
required for original preliminary plat approva4-.
/A\ If all changes from the n al a ,al are sidered m nEW changes the
PlanniRg D;reGtor may Fe e thepreli MirRary ppll'u.The re apprevalrshalull be
stated in a format which substantially conforms +e the Resol-i+ien of Approval
aadepted by+h e e a Reard of Gent y f emmissieners when a preliminary
Farr.
lr Only one administrative re-approval may he approved fn�ysubdiv�sien.if a
re approved Preliminary Plat ems, theis subdivider shall he required +n resubmit
.�aAvrv-rvcr.T-raan--vcT ra cvTcaa�rrrrc
a nei.y Prp-1 irr,i nary Plat for the+ran+or pertinn there-of for whinh approval has
expired. The new ne plat shall be sa�eG+to all applicable regulations On exi ncp-
at+hp-+imp- of res��hmi++al ��^^�� ATV
( ') AmeRueTd�TPhasieg�Plar pp '
!T-r) The development phasing plan cars part eyed- -ref the Pre"t Rary Plat
(hereafter"the phasing plan") may he amended by the Board of County
y
GGMMTSrvKGrnlers upen a apnplliGa+t'ien,-ho-,y the Subdivider.
(2) I-ndetermiRmng whether+e a phasiRg plan, the Beard of
CG Rt y !'`ommissioners shall c sider•
(aa) Whetherapproval of o diligently pursued regulatory req requirements
crT��--amgc'T"y-Pr�T � ��C�-c
he nh+aimed before the expiration of the time periods established in the
phasing plan;
/b) The
quality of and length of time of the experience r'fvf tho-z s,6rbd;V;deFn
managing development projects•
(G) Whethp-.r Grs -therthan ;met sondr�itie s and beyond the Gen+moo
the subbdov0dei Gaused as delay--lrR meeting-the-nprhiasv'rrnig n9-purr
/d) Whether the development p ojeGt, if completed consistentT with the
approved Preliminary Plat, wall aid or meet an important public policy
goal established by the Board of County m ,&Corn 'ss'nne
(e) Whether the application for an amended phasing plan was submitted
before the previously approved time limit/sl lapsed;
/f) The possibility of and praGt'Gality of the aub,iviQer an developer
cnmple+inn the development p ent nnnsistent vVith !-range f nL int y
regWlatinns applicable if the phasing plan a endment is not granted; and
(gg) Whether the tome by wh'Gh impreverRents must be OFT�ta'Red
would he extended by the revised phasing plan
(3) After cons'derafion of the ev*dence submitted by the applicant concerning each
of the�r_ye factors 1'csteed above, the Board of County Commissioners may, On its
d'aEref'nn and for good cause shown grant the amendment to the phasing plan
unless at concludes tor ai_ _ado so would not maintain or promote, in some specific
manner, the public's general health safety and welfare
Orange County, North Carolina—Unified Development Ordinance Page 2-64
Article 2: Procedure
Section 2.15: 17FMajor Subdivisions
(4) if the Roard of f`o Infii Gommissene- appreves an amendment neepprhraa�gg
plan it m require reaSGRable additional renditions of appreval of the
unapproved final plat(s)
2 15 A Final Plat
Plat,(A) Prior to appreval of a FiRal
the subdivider shall have iRstalled the impreverneRts
ified On this QrdinanGe or guaranteed their installation as pmvided Sentien 2.27 o
GPeG
this Ordinance
�niritten dncu rnentatinn acknowledging nnmplianne with the improvement and
RLzrfnrmance Q arantzt= standards of Cen+inn 2 2 rnf this Ordinance
(C) The Cin�Dla;t -;hall nonon toonlythat portion of the Preliminary Plat w�h rah the
req uirementc of+hic Ordinance
(D) Appllsaflon Requirements
aGGOrdanGe with Sectien 2.2 of this Ordinance
(2) Appl+eatlens shall indu
/ate) Fi eye., (1nnpiec of the Final Plat prepared in annnr`+anne iNi+h QeG+�n 71 it•o
of his riJiv�-mnnanGeand �
/h�\)Auxiliary doGurnents in final form prepared in accordance�niith Article 7
of this Ordinance ieihinh ens ire nnmp`"'I YNetinn and/nr maintenance of
Mnrn�iements -equired this rdinanGe innlU„Jinn but not limited to:
private read m ntenanne agreement, erty o a+ien
articles of in ra+ien nd n erty o a+ion restrictive
revenants and aRY red Perferm a Guarantees_.
/ I Plat f the bd*V* portion +hereeTshal�csuh�mr submitted t
i �I�ca'mc�r-vrcrt��varv�
more than one year after the date on which the Preliminary Plat was approved
unless the subdivision is being developed in accordance with an approved
phasing plan under Section 7.3.
(4) f a Final Plat is Rot submitted�e� the tome perie spedfled o�on (3),-he
Preliminary Plat approval shall b iIII and void The"subdivider shall he required
to resubmit a new Preliminary Plat application for the trot+Or portion thereof for
review as a new application
(E) Review and Approval Proredures
0) �coe l 1prptance of a Final Plat application the Planning Director sh
e all
det rmine`'if the plat and application conform with all applicable regulations,
incl ud'ng any applicable conditions of an approved Conditional D'strict
(2) Auxiliary documents as required by Article 7 shall be Submitted by the Planning
director to the County Attorney for review and recommendation
(3) Upon receipt of the recommendation of the County Attorney, the Planning
director shall take action OR plication solely on findings of cgnfermity with
all applicable regulations and shall:
(aa) Approve the appli ati�;
/b�\)Approye the applies+in with GE)n�ditGnG; Or
(G) Deny the appliGation.
Orange County, North Carolina—Unified Development Ordinance Page 2-65
Article 2: Procedur:Ig
Section 2.15: 17FMajor Subdivisions
p
shall her able and shall seek to pliapce with applicable
reg�Ala+'ens
rcgrnativrrr.
(55)ithe Planning r DireG+n approves the application vVith P-P-nrti�nonsor,--denies-the
applina+inn the r��n�.ciugh rl�rsienchall he stated 'n ritiing o the
`^Y ++ .�a♦�-ry .�rrurr-vr.Tca-cvv�T cvzrrc
�r
(F) AGtiens Subsequent to at
0)if the applisati is a. prsved or apprGved vVith ^vendit+ens, the shall
omit a repredUGible mylar original of the Final Plat+e the Planning Direc+er fer
endersement within o of Final Plat a ,al
enderse a ,al of the a ,ed Final Plat on the r red inihle rnylar original
-After al' A-ther r.elrt...fir.-Atle-In. Signatures have beeR ebtaiRed. The Planning DireGter
shall prepare the Declaratien of Destric+io
(3) The Planning Direntroecr uaclrn notify the a-ppnlicanrt when all required Gert�if'r'naz+irmnn
.�natureThave-hp-p—n obtained -and y+torenyplete. The
applicant shall then make an appointment i",ith the Planning director to have the
approved plat and any assnniated rtnc--men+s necessary to ensure conformance
c mth�ala�nons-er-orded in the Office of the Register f Deeds. he ar- pproved
plat and any assnciatert rtncUments must he recorder- within 90 clays after the
Planning Direr+ter's endersemen+of annrnval
(4) lagging Dar II the li +to the Register f Deeds
�� �,reetOr- n.,--Qesen,pa,,��„�-appRea;�-�,T �
Office tee e the a ,ed plot and aRy red deco Fnents a FeGgirded in
the c ect order and to fill in the heek and nage references where applicable.
DOGUrnent shall v h on the eru they to h ded. The erdaer�s
s-,�h be ' r er�,�a�e�-ee0;�
as fellow�sr�r��r�� p�{ plat,
(aCa) approve`" pla,
(b) Read MainteaanOe Agreement, ifrequired,
(G) DeslaratiO.A P-f Restrictions,
(d�))Herneowners/Pro ert y Owners'AsSGG'atiren dnG61men+s e'f required, and
(e) Any otherasssc'ated dGGUMeatS-.
`5) if the Final Plat iT not_recorded within the specified time period_theFinal�r_�Al Plat is
void.
(6) The Planning Director may extend theme deadline for recordation, provided the
applicant can demonstrate aa_good faith effort to comply with the deadline, but fnr
reasons beyond his/her control fails to meet the requirements fnr recerda+iep
within the specified peried �
(77) Al Cinal Plats ��lr--all -nfnrm to dFawing Spe+mGat ens ant-I o+ertmr---ati
requirements fnr Final Plats cnn+ained in Cectinn 7 14 3 of this Ordinance
(8) ReGOrdatien of the approved fiRal plat, and any required auxiliary dOGUrnentation
shall he with the advice and consent of the Planning Director
2.15.52.15.3 Certificate of Adequacy of Public School Facilities
No approval of a major subdivision preliminary plat or a minor subdivision final plat for a
residential development shall become effective unless and until a Certificate of Adequacy of
Public School Facilities (CAPS)for the project has been issued by the relevant School District.
See Section 6.19 for standards related to CAPS.
Orange County, North Carolina-Unified Development Ordinance Page 2-66
Article 2: Procedure
Section 2.16: Subdivisions in the Economic Development, Commercial, and/or commercial-Industrial
NodesReserved30F
SECTION
Nedes s mdentifie in the Gemprehensiye Plan
,n shall submit a pliGa+inn in
aGGOrdanGe with the r en+s s Gified in SeG+inn 7 1 G 3(B)
f nmmerniol_Industrial Nedes shall be performed by the Planning Depar+mnn+
(C) Following review by the Planning Department all subdivisions S;h_all felln_�N the rnajer
subdivision preliminary plot approval prooed gyres speoified in S dinn 2 15 Z
(D) All read-6 in thQ Norlps (A) above are required to be publiG and- r-onstri ir-W
North Carolina Department of Transportation standards
(E) Final plat approvals shall foliew the final plat approval PrE)GQd'IFPG in Sertion 2.15.4.
rr,1�Additional Requim.mie.nts lich^re ugh EGenerriiG Development omit:
0) WheR a Gonditienal DiStFiG TeZGR:Rg-petitiGR is-approved,and the tract that is
subjestefsaid FeZ9Rmg is prepesed ttne be subdivided, all pre is us- f Ar+inle 7
R�—,
shall be satrsned.
(aa) The applieen+ m ebtain approval of the subdivrsien simultaneously MtI
the a pre ial of the_rezening of SUffr'rsfee+ inferma+ion (i.e. let linos let '_ '1
etc Is shGWR GR the sit plan n at a later tome.
(b) The sh�e eens+stent i.vmth the term f the a seed
(E) if the appreved Canrli+ional DilstriGt rezoning petition establishes density,
fleearea imp oas 6161FfaaGe nr similar limitations nn the+ran++ha+ is
reZened oaRY ortien +hereef, the su b dWisien final plat that G eates lets
eut of an" portion of the+ran+s mherer! shall inr+ioa+e en the fane of
the plat with r eGt tee Gh In+s Gh limitations o estriG+ions a
s -are
neoessary tee GGMplianne the (`on.+itional DistriG+ r
For example, if the Aaster Dl�an �Site Ian t �'+h
aapproved 11bir retail development with a max.M.M...u.m..flAser area e
100,000 square feet they if that ten anre area is subdivided,
eanh In+ son eated shall sho,.,nn the fane of the plat the
maximum building area that Gan he Gens+n UGted on that let
SECTION 2.17: VACATION OF RECORDED PLATS AND ROAD
ABANDONMENT
2.17.1 Generally
(A) Lots Unsold
The owner of a parcel subject to an approved plat may vacate the plat at any time before
any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument
declaring the plat vacated is approved and recorded in the manner prescribed for the
original plat.
si This section has never been used and is already addressed in the Subdivision and Zoning sections. Maintenance
of the section as"Reserved"will avoid internal cross-reference concerns for latter sections in Article 2, and has
been identified as a useful location for a pending amendment staff is considering.
Orange County, North Carolina-Unified Development Ordinance Page 2-67
Article 2: Procedure
Section 2.26:Appeals
(2) The Board of County Commissioners shall have final approval authority, and,
where applicable, all Final Plats shall contain information and/or conditions
approved by the Commissioners.
(3) The Board of County Commissioners in all such appeals shall make findings of
fact in support of its decision. The subdivider shall be notified, in writing, of the
Board's decision.
(C) Minor Subdivisions
(1) The decision of the Planning Director regarding a minor subdivision application
may be appealed to the Board of County Commissioners.
(2) The Board of County Commissioners shall have final approval authority, and,
where applicable, all Final Plats shall contain information and/or conditions
approved by the Commissioners.
(3) The Board of County Commissioners in all such appeals shall make findings of
fact in support of its decision. The subdivider shall be notified, in writing, of the
Board's decision.
(D) Major Subdivisions-mat
(1) The decision of the Planning Director regarding a Major Subdivision Final Plat
application may be appealed to the Board of Commissioners.
(2) The Board of Commissioners shall have final approval authority, and where
applicable, all Final Plats shall contain information and/or conditions approved by
the Board of Commissioners.
(3) The Board of Commissioners in all such appeals shall make findings of fact in
support of its decision.
(4) The applicant shall be notified, in writing, of the Board of Commissioners'
decision.
2.26.3 Planning Board Decisions
2.26.3(A) RESERVED
(A) Major Subdivisions-Concept Plan
0) The deGiSion A-f the Planning Board regarding GonGept Plan DevelopmenOptions may be appealed to the Board of Commissioners.
(2) Any n0tiGe of appeal shall be filed, On writing, with the Planning DiFeGtGF within 15
days after the date of the- Planning Board's decision
(3) if the appeal ire plan4napapproval, 16 GPieS of th an shill be
submitted along with the written appeal
/A)The Board of Commissioners shall have final approval authority,
and where
applicable all Concept Plan development Options shall contain information
and/or conditions approved by the Board of Commissioners
(5) The Board of Commissioners Onall such appeals shall make findings of fact in
support of its deoisinn The applicant shall he notified in writing of the Board of
Commissioners' decision within ten mays after said decision 's made
2.26.4 Board of Adjustment Decisions
(A) Every decision of the Board shall be subject to review at the request of any person who
has standing as detailed within NCGS 160D-1401(c) by the Superior Court by
proceedings in the nature of certiorari. The appeal to Superior Court must be filed within
30 days of the availability of the notice of decision (2.12.5(A)).
Orange County, North Carolina-Unified Development Ordinance Page 2-83
Article 3: Base Zoning Distri%18
Section 3.4: Conventional Commercial Districts
SECTION • • COMMERCIAL
LIC-1 DiMENSIONAL AND RATio STANDARDS
LOCAL COMMERCIAL
Lot Size, min. (square feet) None[1]
PURPOSE
Lot Width, min. (feet) 75
The purpose of the Local Commercial-1(LC-1) District is
to provide appropriately located and sized sites for Front Setback from ROW,
limited commercial uses designed to serve a population min. (feet) 15
at the neighborhood and rural level with convenience
goods and personal services. Performance standards
will be used to ensure the absence of adverse impacts
beyond the immediate space occupied by the building. Side Setback, min. (feet) 15[2]
Rear Setback, min. (feet) 15 [2]
Height, max. (feet), if located 25[3]
This district will usually be applied where the following outside of a CTAN or CITAN
conditions exist:
Height, max. (feet), if located 35[3]
1. Site is located within areas designated by the adopted within a CTAN or CITAN
Comprehensive Plan as either a Commercial Transition
Activity Node(CTAN), a Commercial-Industrial Transition
Activity Node(CITAN), a Rural Community Activity Node Floor Area Ratio, max., if
located outside of a CTAN or NR[4] 100
or a Rural Neighborhood Activity Node.
CITAN
2. Uses would serve a market area population confined
to the immediate area and would generally not serve
commuters or persons outside the surrounding Floor Area Ratio, max., if
neighborhood. located within a CTAN or NR .40
CITAN
Required Open Space Ratio,
min., if located outside of a NR .80
CTAN or CITAN
Required Open Space Ratio,
min., if located within a CTAN .55
DIMENSIONAL STANDARDS NOTES: or CITAN
[1] Lot size for individual uses shall be appropriate to the
method of water supply and sewage disposal. Required Recreation Space
[2] Required side and rear setbacks adjacent to Ratio, min. R .074
residentially zoned land shall be equal to the required
side or rear setback of the adjacent residential district. Required Pedestrian/
[3]Two feet of additional height shall be allowed for one Landscape Ratio, min. , if NR .20
foot increase of the required front and side setbacks. located outside of a CTAN or
[4] R= residential, NR= non-residential CITAN
Required Pedestrian/
Landscape Ratio, min. , if NR .05
located within a CTAN or
CITAN
DEVELOPMENTLC-1 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the LC-1 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed
Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions.
Orange County, North Carolina—Unified Development Ordinance Page 3-20
Article 3: Base Zoning District?
Section 3.4: Conventional Commercial Districts
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the
number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface
area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in
the Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
Section 7.8.5 for private road standards.
$ PFG Gode pro e t! o cote+me-In - 1 a
9. The maximum amount of land zoned LC-1 within Rural Community Activity Nodes shall be limited to ten
acres with a five--acre limitation imposed within other Nodes,specifically Rural Neighborhood and Rural
Industrial Nodes,as defined within the Orange County Comprehensive Plan. In situations where a Node
has reached capacity, additional rezoning may be possible through the submittal, processing, and approval
of a Conditional District in accordance with the provisions of this Ordinance. Acreage limitations shall not
apply to property zoned Existing Commercial-5(EC-5)or as a Conditional District.
10. All sites designated LC-1 shall have direct access to a street classified either as an arterial or collector as
designated by the adopted Comprehensive Plan.
Orange County, North Carolina—Unified Development Ordinance Page 3-21
Article 3: Base Zoning Distrie4e
Section 3.4: Conventional Commercial Districts
DIMENSIONALNC-2 . RATIO STANDARDS
NEIGHBORHOOD
Lot Size, min. (square
COMMERCIAL
feet) 2,000[1]
PURPOSE
Lot Width, min. (feet) 20
The purpose of the Neighborhood Commercial-2(NC-2)
District is to provide appropriately located and sized sites Front Setback from ROW,
for limited commercial uses designed to serve a population min. (feet) 50
at the neighborhood and rural level with convenience
goods and personal services. Performance standards will
be used to ensure the absence of adverse impacts beyond
the lot boundaries of the use.
Side Setback, min. (feet) None[2]
APPLICABILITY
This district will usually be applied where the following
conditions exist: Rear Setback, min. (feet) None[2]
1. Located within areas designated by the adopted
Comprehensive Plan as either a Commercial Transition
Activity Node(CTAN), Commercial-Industrial Transition
Activity Node(CITAN), Rural Neighborhood Activity Node, Height, max. (feet) 35[3]
or Rural Community Activity Node.
2. Uses would serve a market area population confined to Floor Area Ratio, max., if
the immediate area and would generally not serve located outside of a CTAN NR[4] .200
commuters or persons outside the surrounding or CITAN
neighborhood.
Floor Area Ratio, max., if
located within a CTAN or NR .40
CITAN
Required Open Space
Ratio, min ., if located NR .76
outside of a CTAN or
DIMENSIONAL STANDARDS NOTES: CITAN
[1] Lot size for individual uses shall be appropriate to the
method of water supply and sewage disposal. Required Open Space
[2] Required side and rear setbacks adjacent to Ratio, min ., if located 55
within a CTAN or CITAN
residentially zoned land shall be equal to the required side
or rear setback of the adjacent residential district. Required Recreation
[3]Two feet of additional height shall be allowed for one Space Ratio, min. R .111
foot increase of the required front and side setbacks.
[4] R= residential, NR= non-residential Required Pedestrian/
Landscape Ratio, min., if NR .19
located outside of a CTAN
or CITAN
Required Pedestrian/
Landscape Ratio, min., if NR .05
located within a CTAN or
CITAN
DEVELOPMENTNC-2 DISTRICT SPECIFIC DA-D
1. Uses shall be restricted to those indicated for the NC-2 District in Section 5.2, unless a Conditional
District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3for land use
restrictions.
Orange County, North Carolina—Unified Development Ordinance Page 3-22
Article 3: Base Zoning Distri%t@
Section 3.4: Conventional Commercial Districts
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District
in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the
number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious
surface area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is
contained in the Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
PFGGods pro eut!r o cote+me-In - 1 a
9. The maximum amount of land zoned NC-2 within Rural Community Activity Nodes shall be limited to ten
acres with a five acre limitation imposed within other Nodes, specifically Rural Neighborhood and Rural
Industrial Nodes,as defined within the Orange County Comprehensive Plan. In situations where a Node
has reached capacity, additional rezoning may be possible through the submittal, processing, and
approval of a Conditional District in accordance with the provisions of this Ordinance. Acreage
limitations shall not apply to property zoned Existing Commercial-5 (EC-5)or as a Conditional District.
10. All sites designated NC-2 shall have direct access to a street classified either as an arterial or collector as
designated by the adopted Comprehensive Plan.
Orange County, North Carolina—Unified Development Ordinance Page 3-23
Article 3: Base Zoning Districm
Section 3.4: Conventional Commercial Districts
DIMENSIONALCC-3 . RATIO STANDARDS
COMMUNITY
Lot Size, min. (square
COMMERCIAL
feet) 2,000[1]
PURPOSE
Lot Width, min. (feet) 20
The purpose of the Community Commercial-3 (CC 3)District is
to provide suitably located and sized sites for commercial, office Front Setback from ROW, 50
and service uses designed to serve a county-level market area. min. (feet)
Performance standards will be used to ensure the absence of
adverse impacts beyond the zoning district boundaries of the
use.
Side Setback, min. (feet) None[2]
APPLICABILITY
This district will usually be applied where the following
Rear Setback, min. (feet) None[2]
conditions exist:
1. Existing community commercial type developments on sites
that are within areas designated by the adopted Comprehensive Height, max. (feet) 45[3]
Plan as a Commercial Transition Activity Node (CTAN)or
Commercial-Industrial Transition Activity Node (CITAN).
Floor Area Ratio, max., if
2. In the Chapel Hill Joint Planning Transition area, new located outside of a CTAN NR[4] .400
developments of a CC-3 nature should be approved as an or CITAN
appropriate Conditional District.
Floor Area Ratio, max., if
3. Use would serve a market area population extending to located within a CTAN or NR .60
major segments of the county and its municipalities. CITAN
Required Open Space
4. Generally,for property designated Transition in the adopted Ratio, min., if located NR .72
Comprehensive Plan urban services such as water supply and outside of a CTAN or
sewerage would exist or be made available as part of the CITAN
development process. For property located in other areas,the Required Open Space
water supply and sewage disposal shall be appropriate to the Ratio, min., if located .45
uses proposed and the site conditions. within a CTAN or CITAN
DIMENSIONAL STANDARDS NOTES: Required Recreation R .197
[1] Lot size for individual uses shall be appropriate to the Space Ratio, min.
method of water supply and sewage disposal. Required Pedestrian/
[2] Required side and rear setbacks adjacent to residentially Landscape Ratio, min., if NR .18
zoned land shall be equal to the required side or rear setback of located outside of a CTAN
the adjacent residential district. or CITAN
[3]Two feet of additional height shall be allowed for one foot Required Pedestrian/
increase of the required front and side setbacks. Landscape Ratio, min., if
[4] R= residential, NR= non-residential located within a CTAN or NR .05
CITAN
DEVELOPMENTCC-3 DISTRICT SPECIFIC D• -D
1. Uses shall be restricted to those indicated for the CC-3 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8).Additionally, non-residential uses are restricted based on the Watershed Protection
Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions.
Orange County, North Carolina—Unified Development Ordinance Page 3-24
Article 3: Base Zoning Distrigff
Section 3.4: Conventional Commercial Districts
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more
than one principal use or principal structure is proposed on a non-residential zoning lot.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the number of
individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area.Additionally,
Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and
Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000
square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot
area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7
provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table
depending upon the type of subdivision proposed and the percentage of open space provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in
the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5
for private road standards.
„ii+linorl R Con+ir,n J 16-
-9-.8. Normally,the maximum amount of land zoned CC-3 at any node shall not exceed 29 acres, but 15 acres shall
apply in rural areas where population density is lower and distributed more widely than in the Transition Areas.
Acreage limitations shall not apply to property zoned Existing Commercial-5(EC-5)or as a Conditional District.
44,9. All property to be designated for new development under this classification shall have direct access to major
collector streets as designated by the adopted Comprehensive Plan.
Orange County, North Carolina—Unified Development Ordinance Page 3-25
Article 3: Base Zoning Distriq$9
Section 3.4: Conventional Commercial Districts
GC-4
DIMENSIONAL AND RATIO STANDARDS
GENERAL
Lot Size, min. (square feet) 40,00000MMERCIAL
[1]
PURPOSE
Lot Width, min. (feet) 75
The purpose of the General Commercial-4(GC 4) District
is to provide suitable situated and sized sites that allow a Front Setback from ROW, 35
broad range of commercial, office and service uses. min. (feet)
Performance standards will be used to ensure the
absence of adverse impacts beyond the zoning district
boundary.
Side Setback, min. (feet) None [2]
APPLICABILITY
This district will usually be applied where the following Rear Setback, min. (feet) None [2]
conditions exist:
1. The site is within an area designated by the adopted Height, max. (feet) ., if located 45 [3]
Comprehensive Plan as either a Commercial Transition outside of a CTAN or CITAN
Activity Node(CTAN), or Commercial-Industrial Transition
Activity Node(CITAN). Height, max. (feet) ., if located 60 [3]
within a CTAN or CITAN
2. Water and sewer mains exist at the site or are to be
made available as part of the development process or the Floor Area Ratio, max., if
lot size for individual uses are appropriate to the method located outside of a CTAN or NR[4] .492
of water supply and sewage disposal. CITAN
Floor Area Ratio, max., if
located within a CTAN or .75
CITAN
Required Open Space Ratio,
DIMENSIONAL STANDARDS NOTES: min., if located outside of a .71
[1] Lot size for individual uses shall be appropriate to the CTAN or CITAN
method of water supply and sewage disposal. Required Open Space Ratio,
[2] Required side and rear setbacks adjacent to min., if located within a CTAN .40
residentially zoned land shall be equal to the required side or CITAN
or rear setback of the adjacent residential district. Required Pedestrian/
[3]Two feet of additional height shall be allowed for one Landscape Ratio, min., if
foot increase of the required front and side setbacks. located outside of a CTAN or .178
[4] R= residential, NR= non-residential CITAN
Required Pedestrian/
Landscape Ratio, min., if .05
located within a CTAN or
CITAN
DEVELOPMENTGC-4 DISTRICT SPECIFIC D• -D
1. Uses shall be restricted to those indicated for the GC-4 District in Section 5.2, unless a Conditional
District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District
in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the
number of individual dwellings that can be developed on a parcel of property).
Orange County, North Carolina—Unified Development Ordinance Page 3-26
Article 3: Base Zoning Districfg
Section 3.4: Conventional Commercial Districts
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious
surface area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is
contained in the Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
ode o dined n Cor4inn 16
9. All property to be designated for new development under this classification shall have direct access to
major collector streets, as designated by the adopted Comprehensive Plan.
Orange County, North Carolina—Unified Development Ordinance Page 3-27
Article 3: Base Zoning Distriq$4
Section 3.4: Conventional Commercial Districts
DIMENSIONALEC-5 . RATIO STANDARDS
EXISTING
Lot Size, min. (square 40,000[1]
COMMERCIAL
feet)
PURPOSE Lot Width, min. (feet) R[1] 180
NR 75
The purpose of the Existing Commercial-5(EC 5) District is to
provide a Front Setback from R 40
district to be used only during the application of zoning to ROW, min. (feet)
previously unzoned townships to accommodate existing NR 35
commercial uses or in zoned townships to previously zoned
commercial property which is not located in areas designated
as Activity Nodes by the adopted Comprehensive Plan. R 20
Side Setback, min. (feet)
NR None[2]
This district shall be applied to:
Rear Setback, min. R 20
1. Existing commercial uses in previously unzoned townships. (feet) NR None[2]
2. Previously zoned commercial property located in areas not
designated as Activity Nodes in the adopted Comprehensive R 25[3]
Plan.
Height, max. (feet)
This designation shall only be applied to property used for NR 45[3]
existing commercial at the time of application of this Ordinance.
DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. NR .492
[1] R= residential, NR= non-residential.
[2] Required side and rear setbacks adjacent to residentially Required Open Space
zoned land shall be equal to the required side or rear setback of Ratio, min. NR .71
the adjacent residential district.
[3]Two feet of additional height shall be allowed for one foot Required
increase of the required front and side setbacks. Pedestrian/Landscape NR .178
Ratio, min.
DEVELOPMENTEC-5 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the EC-5 District in Section 5.2, unless a Conditional District
is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed
Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District
in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the
number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious
surface area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is
contained in the Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
Orange County, North Carolina—Unified Development Ordinance Page 3-28
Article 3: Base Zoning Districts
Section 3.4: Conventional Commercial Districts
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
.
9. An Existing Commercial-5(EC-5) District eliminated or reduced to a non-functional zoning lot as a result
of a public-entity condemnation or partial taking may be amended by Board of County Commissioner's
legislative action provided the following criterion are met:
a. Rezoning Process:
i. The amended district acreage shall not be increased in size by more than 10%of the
existing parcel(s). The use shall be the same primary use as listed in the Existing
Commercial-5(EC-5) inventory when the district was originally created.
ii. The new district shall be contiguous to the existing district.
iii. Land not rezoned or not included within the new petitioned district shall be petitioned,
by the owner(s),to be returned to the zoning classification of the surrounding land. In
the event there is more than one adjacent zoning district,the tract shall be returned to
the lowest use category of the surrounding adjacent property provided a non-
conforming situation is not created on the subject or adjacent parcels.
iv. Additional property added to an existing parcel shall be recombined by deed into one
zoning lot prior to issuance of zoning or building permits.
V. Conformance with the Comprehensive Plan shall not be mandatory when considering a
rezoning/relocation of an EC-5 District, but shall be evaluated.
vi. If a condemnation results in less than or equal amount of property being taken for
public right-of-way than is specified in the Orange County Comprehensive Plan
(Transportation Element)for typical right of way dedication,then these criteria shall not
be used.
b. Building Permit Process
i. All watershed impervious surface limitations shall be met.
ii. A 20 foot wide landscaped buffer shall be established along the new right-of-way.
Design criteria shall meet commercial standards,as required in Section 6.8.
iii. Economic Development District standards shall be used, where applicable. See Article
6.
iv. Access points shall be limited to two locations with a maximum width of 26 feet each
and a maximum radius of 30-degrees. A driveway permit application shall be submitted
along with zoning permit request.
V. Freestanding monument signs shall be limited to six feet in height and 50 square feet
maximum. In the case of gas station uses, only the portion of a sign for fuel pricing
may be internally illuminated.
vi. All current Environmental Health regulations shall be met.
vii. All other applicable development criteria such as parking, lighting, loading/unloading
areas, buffers, etc. shall apply. See Article 6.
Orange County, North Carolina—Unified Development Ordinance Page 3-29
Article 3: Base Zoning Districm
Section 3.4: Conventional Commercial Districts
R[1] None
Lot Size, min. (square
feet)
NR 5,000
• Lot Width, min. (feet) R None
The purpose of the Office/Research and Manufacturing (O/RM) NR 50
District is to provide locations for medium and high intensity Front Setback from R None
office, service, research,and light manufacturing land uses in ROW, min. (feet) NR 25
areas where urban services are available or are to be made
available as part of the development process. This district is Side Setback, min. (feet) R None
intended to provide for employment centers near transportation
routes. NR 10 [2]
Rear Setback, min. R None
APPLICABILITY
(feet) NR 10 [2]
This district will usually be applied where the following
conditions exist: Height, max. (feet) 35 [3]
1. Site is located in areas designated by the adopted
Comprehensive Plan as Commercial Transition Activity Node
or Commercial-Industrial Transition Activity Nodes. Floor Area Ratio, max. NR .40
2. Water and sewer mains are existing at the site or are to be Required Open Space
made available during the development process. Ratio, min. .55
DIMENSIONAL STANDARDS NOTES: Required Recreation R .111
Space Ratio, min.
[1] R= residential, NR= non-residential Required
[2] Required side and rear setbacks adjacent to residentially Pedestrian/Landscape NR .05
zoned land shall be equal to the required side or rear setback Ratio, min.
of the adjacent residential district.
[3]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
OIRM DISTRICT SPECIFIC DEVELOPMENTSTANDARDS
1. Uses shall be restricted to those indicated for the O/RM District in Section 5.2, unless a Conditional
District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District
in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the
number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious
surface area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is
contained in the Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
Orange County, North Carolina—Unified Development Ordinance Page 3-30
Article 3: Base Zoning Districf?
Section 3.4: Conventional Commercial Districts
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
ode e tl nod cote+men 16
9. The site shall be located near major transportation corridors and have access to adequate public roadway
network.
Orange County, North Carolina—Unified Development Ordinance Page 3-31
Article 3: Base Zoning Districfg
Section 3.4: Conventional Commercial Districts
AS
DIMENSIONAL AND RATIO STANDARDS
AGRICULTURAL
SERVICE
Lot Size, min., per use 40,000[1]
(square feet)
PURPOSE Lot Width, min. (feet) 200
The purpose of the Agricultural Service (AS) District is to Front Setback from
provide sites in the rural portion of the County for rural non-farm, ROW, min. (feet) 50
non-residential uses which support the horticultural, silvicultural,
and agricultural uses of the AR districts. Side Setback, min. 20 [2]
(feet)
APPLICABILITY Rear Setback, min. 20 [2]
(feet)
This district will usually be applied where the following Height, max. (feet) 45 [3]
conditions exist:
1. Site is within areas designated by the adopted
Comprehensive Plan as Agricultural Residential. Floor Area Ratio, max. None
DIMENSIONAL STANDARDS NOTES: Required Open Space 83
[1] Lot size for individual uses shall be appropriate to the Ratio, min.
method of water supply and sewage disposal. Required
[2] Required side and rear setbacks adjacent to residentially Pedestrian/Landscape .208
zoned land shall be equal to the required side or rear setback of Ratio, min.
the adjacent residential district.
[3]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
DEVELOPMENTAS DISTRICT SPECIFIC . • - .
1. Uses shall be restricted to those indicated for the AS District in Section 5.2, unless a Conditional District
is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed
Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. Residential uses are not permitted in this district.
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area.
Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the
Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
8. Normally,the maximum amount of land zoned AS at any location shall not exceed ten acres.
Orange County, North Carolina—Unified Development Ordinance Page 3-32
Article 3: Base Zoning Distric§
Section 3.4: Conventional Commercial Districts
Orange County, North Carolina—Unified Development Ordinance Page 3-33
Article 3: Base Zoning Distri%M
Section 3.5: Industrial Districts
SECTION
DIMENSIONAL • STANDARDS
LIGHT INDUSTRIAL
Lot Size, min., per use
(square feet), if outside 80,000[1]
of a Cv4ffITAN
Lot Size, min., per use
(square feet), if within a 20,000[1]
CITAN
PURPOSE
PotF"Min. WeetRPEW
The purpose of the Light Industrial-1 (1-1)District is to provide
appropriately located and sized sites for limited industrial uses
engaged in manufacturing, processing,creating and Front Setback from
assembling of goods, merchandise or equipment. ROW, min. (feet) NR 50
Performance standards will be used to ensure the absence of
adverse impacts beyond the immediate space occupied by the
building. Side Setback, min.
NR 50
APPLICABILITY (feet)
This district will usually be applied where the following
conditions exist: Rear Setback, min. NR 50
(feet)
1. Site is located within areas designated in the adopted
Comprehensive Plan as either a Commercial-Industrial
Transition Activity Node(CITAN)or a Rural Industrial Activity Height, max. (feet) 45 [3]
Node.
Floor Area Ratio, max.,
if located outside of a .200
CITAN
Floor Area Ratio, max.,
if located within a .60
CITAN
Required Open Space
DIMENSIONAL STANDARDS NOTES: Ratio, min. , if located NR .80
[1] Lot size for individual uses shall be appropriate to the outside of a CITAN
method of water supply and sewage disposal. Required Open Space
[2] R= residential, NR= non-residential Ratio, min. , if located .45
[3]Two feet of additional height shall be allowed for one foot within a CITAN
increase of the required front and side setbacks. Required
Pedestrian/Landscape NR .20
Ratio, min. , if located
outside of a CITAN
Required
Pedestrian/Landscape .05
Ratio, min. , if located
within a CITAN
DEVELOPMENT1-1 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the 1-1 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed
Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. Residential uses are not permitted in this district.
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area.
Orange County, North Carolina—Unified Development Ordinance Page 3-34
Article 3: Base Zoning DistriGi f
Section 3.5: Industrial Districts
Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the
Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
6. Access shall consist of direct vehicular access to streets designated either arterial or collector by the
adopted Comprehensive Plan.Access to rail service is desirable but not required.
7. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
8. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
Gods o thine, in cote+men 1 R
Orange County, North Carolina—Unified Development Ordinance Page 3-35
Article 3: Base Zoning DistriQJg
Section 3.5: Industrial Districts
DIMENSIONAL1-2 . RATIO STANDARDS
MEDIUM INDUSTRIAL
Lot Size, min., per use
(square feet) 20,000
PURPOSE
Lot Width, min. "eetNR[1] 100
The purpose of the Medium Industrial-2 (1-2) District is to
provide locations for enterprises engaged in manufacturing,
processing, creating, repairing, renovating, painting, cleaning, Front Setback from NR 50
and assembling of goods, merchandise or equipment. ROW, min. (feet)
Performance standards will be used to ensure the absence of
adverse impact beyond the lot boundaries of the use.
Side Setback, min. None[2APPLICABILITY
(feet)
This district will usually be applied where the following
conditions exist: Rear Setback, min. None[2]
(feet)
1. Site is located within areas designated by the adopted
Comprehensive Plan as a Commercial-Industrial Transition
Activity Node. Height, max. (feet) 45[3]
2. Water and sewer mains exist at the site or be made
available as part of the development process. Floor Area Ratio, max. .65
DIMENSIONAL STANDARDS NOTES: Required Open Space
[1] R= residential, NR= non-residential Ratio, min. .40
[2] Required side and rear setbacks adjacent to residentially
zoned land shall be equal to the required side or rear setback
of the adjacent residential district. Required
[3]Two feet of additional height shall be allowed for one foot Pedestrian/Landscape .05
increase of the required front and side setbacks. Ratio, min.
DEVELOPMENT1-2 DISTRICT SPECIFIC DA-D
1. Uses shall be restricted to those indicated for the 1-2 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed
Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. Residential uses are not permitted in this district.
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area.
Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the
Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
6. Access shall consist of direct vehicular access to streets designated either arterial or collector by the
adopted Comprehensive Plan.Access to rail service is desirable but not required.
7. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
Orange County, North Carolina—Unified Development Ordinance Page 3-36
Article 3: Base Zoning Distriaig
Section 3.5: Industrial Districts
8. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
Orange County, North Carolina—Unified Development Ordinance Page 3-37
Article 3: Base Zoning DistriQJ4
Section 3.5: Industrial Districts
DIMENSIONAL1-3 . RATIO STANDARDS
HEAVY INDUSTRIAL
Lot Size, min., per use 20,000
(square feet)
PURPOSE
7Front
h, min. (feet) NR 100
The purpose of the Heavy Industrial-3 (1-3)District is to provid
locations for enterprises engaged in a broad range of
manufacturing, processing, creating, repairing, renovating, tback from
painting, cleaning, or assembling of goods, merchandise or ROW, min. (feet) NR 50
equipment. Performance standards will be used to ensure the
absences of adverse impacts beyond the zoning district
boundary. Side Setback, min.
None[2]
APPLICABILITY (feet)
This district will usually be applied where the following
conditions exist: Rear Setback, min.
(feet) None[2]
1. Site is located within areas designated by the adopted
Comprehensive Plan as a Commercial-Industrial Transition Height, max. (feet) 45[3]
Activity Node.
2. Water and sewer mains exist at the site or be made Floor Area Ratio, max. .70
available as part of the development process.
DIMENSIONAL STANDARDS NOTES: Required Open Space .40
[1] R= residential, NR= non-residential Ratio, min.
[2] Required side and rear setbacks adjacent to residentially
zoned land shall be equal to the required side or rear setback
of the adjacent residential district. Required
[3]Two feet of additional height shall be allowed for one foot Pedestrian/Landscape .05
increase of the required front and side setbacks. Ratio, min.
DEVELOPMENT1-3 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the 1-3 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed
Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. Residential uses are not permitted in this district.
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area.
Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the
Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
6. Access shall consist of direct vehicular access to streets designated either arterial or collector by the
adopted Comprehensive Plan.Access to rail service is desirable but not required.
7. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
8. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
Orange County, North Carolina—Unified Development Ordinance Page 3-38
Article 3: Base Zoning Distri¢J5
Section 3.5: Industrial Districts
Orange County, North Carolina—Unified Development Ordinance Page 3-39
Article 3: Base Zoning Distri%118
Section 3.5: Industrial Districts
DIMENSIONALEl . RATIO STANDARDS
EXISTING INDUSTRIAL
Lot Size, min., per use
(square feet) 80,000
PURPOSE
Lot Width, min. (feet) 200
The purpose of the Existing Industrial (EI)district is to provide a
district to be used only during the application of zoning, to
previously unzoned townships to accommodate existing Front Setback from 50
industrial uses not located in areas designated as Industrial ROW, min. (feet)
Transition Activity Node or Rural Industrial Activity Node by the
adopted Comprehensive Plan.
Side Setback, min. 50[1]
APPLICABILITY (feet)
This district shall only be applied to accommodate existing (at
the time of the application of the Zoning Ordinance to previously Rear Setback, min. 50[1]
unzoned Townships)industrial uses located in areas not (feet)
designated Commercial-Industrial Transition Activity Node or
Rural Industrial Activity Node in the adopted Comprehensive
Plan. Height, max. (feet) 45[2]
It is further intended that this district shall not be applied to any
use that has adverse impacts beyond the immediate space Floor Area Ratio, max. .200
occupied by the building.
DIMENSIONAL STANDARDS NOTES: Required Open Space
[1] Required side and rear setbacks adjacent to residentially Ratio, min. mul"i
zoned land shall be equal to the required side or rear setback of
the adjacent residential district. Required
[2]Two feet of additional height shall be allowed for one foot Pedestrian/Landscape .20
increase of the required front and side setbacks. Ratio, min.
DEVELOPMENTE-1 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the El District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed
Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. Residential uses are not permitted in this district.
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area.
Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the
Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
Orange County, North Carolina—Unified Development Ordinance Page 3-40
Article 3: Base Zoning Distriqj?
Section 3.5: Industrial Districts
Orange County, North Carolina—Unified Development Ordinance Page 3-41
Article 3: Base Zoning Distriaig
Section 3.7: Economic Development Districts
DIMENSIONAL . • - .
B Lot size, min., per use
No requirement[1]
(square feet)
ECONOMIC DEVELOPMENT
BUCKHORN LOWER
Lot Width, min. (feet) No requirement[1]
PURPOSE
"rontSetback WromW��w
ROW, min. (feet) Vehicle Use
Areas, Storage 10
Areas, Signs
The purpose of the Economic Development Buckhorn Lower Buildings/ 25[2]
Intensity(EDB-1)District is to provide locations for a range of lower Side Setback, min. Structures
intensity non-residential uses in the designated Buckhorn Economic (feet) Vehicle Use
Development District. Areas, Storage 10[2]
Areas, Signs
Buildings/ 25[2]
Rear Setback, min. Structures
(feet) Vehicle Use
Areas, Storage E
[2]
Areas, Signs
This district will usually be applied where the following conditions Driveway Setback from
exist: Property lines, min. 10
1. Site is located within the designated Buckhorn Economic feet
Development District. Setbacks between
2. Urban services, such as water and sewer mains, are highly Buildings, min. (feet) 20
desirable, but not required if acceptable alternatives are available.
Any proposed use having reasonable access to water or sewer
systems shall be required to connect to the systems regardless of Height, max. (feet) 60 [3]
the availability of acceptable alternatives.
DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. NR[4] .60
[1] Evaluated as part of the Site Plan review process. Required Open Space
[2] Required side and rear setbacks adjacent to residentially zoned Ratio, min. .45
land shall be equal to the required side or rear setback of the
adjacent residential district. Gross Land Area
[3]Two feet of additional height shall be allowed for one foot min./max. None
increase of the required front and side setbacks. (square feet)
[4] R= residential, NR= non-residential Required Pedestrian/
Landscape Ratio, min. NR 05
EDBA DISTRICT SPECIFIC DEVELOPMENTSTANDARDS
1. Uses shall be restricted to those indicated for the EDBA District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection
Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by
Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an
appropriate Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 70% if detention ponds are provided. Other requirements for impervious
surface are located in Sections 4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
Orange County, North Carolina—Unified Development Ordinance Page 3-44
Article 3: Base Zoning DistriQJ§
Section 3.7: Economic Development Districts
feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least
40,000 square feet.
5. Stormwater control for multiple sites may be provided in a combined fashion. Detention basins for individual sites are
also allowed.
6. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non-residential zoning lot.
7. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which
the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the number of individual
dwellings that can be developed on a parcel of property).
8. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
private road standards.
.,1-flined- in Cor4iGR 2.16.
Orange County, North Carolina—Unified Development Ordinance Page 3-45
Article 3: Base Zoning Distri%116
Section 3.7: Economic Development Districts
DIMENSIONAL . - .
B Lot size, min., per use
No requirement[1]
(square feet)
ECONOMIC DEVELOPMENT
BUCKHORN HIGHER INTENSITI
Lot Width, min. (feet) No requirement[1]
PURPOSE Buildings/ 25
"rontPetback from Structures
ROW, min. (feet) Vehicle Use
Areas, Storage 10
Areas, Signs
The purpose of the Economic Development Buckhorn Higher Buildings/ 25[2]
Intensity(EDB-2)District is to provide locations for a range of light Structures
industrial, distribution, retail,office, and services uses in the Side Setback, min. Vehicle Use
designated Buckhorn Economic Development District. (feet) Areas, Storage 10[2]
Areas, Signs
Buildings/ 25[2]
Rear Setback, min. Structures
(feet) Vehicle Use
Areas, Storage 10[2]
Areas, Signs
This district will usually be applied where the following conditions Driveway Setback from
exist: Property lines, min. 10
feet
1. Site is located within the designated Buckhorn Economic Setbacks between
Development District. 20
Buildings, min. (feet)
2. Urban services, such as water and sewer mains, are highly
desirable, but not required if acceptable alternatives are available.
Any proposed use having reasonable access to water or sewer Height, max. (feet) 60[3]
systems shall be required to connect to the systems regardless of
the availability of acceptable alternatives.
DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. NR[4] .65
[1] Evaluated as part of the Site Plan review process.
[2] Required side and rear setbacks adjacent to residentially zoned Required Open Space .40
land shall be equal to the required side or rear setback of the Ratio, min.
adjacent residential district. Gross Land Area,
[3]Two feet of additional height shall be allowed for one foot min./max. none
increase of the required front and side setbacks. (square feet)
[4] R= residential, NR= non-residential Required Pedestrian/ NP
Landscape Ratio, min. 05
D:-2 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the EDB-2 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection
Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by
Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an
appropriate Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 70% if detention ponds are provided. Other requirements for
impervious surface are located in Sections 4.2.5 and 4.2.6.
Orange County, North Carolina—Unified Development Ordinance Page 3-46
Article 3: Base Zoning Distrig4 f
Section 3.7: Economic Development Districts
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at
least 40,000 square feet.
5. Stormwater control for multiple sites may be provided in a combined fashion. Detention basins for individual sites
are also allowed.
6. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non-residential zoning lot.
7. Residential uses in this district are restricted to temporary mobile homes for custodial care and require a Special
Use Permit. The residential density permitted on a given parcel is based on the Watershed Protection Overlay
District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the
number of individual dwellings that can be developed on a parcel of property).
8. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
private road standards.
in C o n+i9n 2 16 n1-+liner! �
Orange County, North Carolina—Unified Development Ordinance Page 3-47
Article 3: Base Zoning Distriq49
Section 3.7: Economic Development Districts
DIMENSIONAL . - .
Lot size, min., per use No requirement[1]
ECONOMIC DEVELOPMENT • (square feet)
LOWER
Lot Width, min. (feet) No requirement[1]
PURPOSE
Buildings/ 25
Front Setback from Structures
ROW, min. (feet) Vehicle Use
Areas, Storage 10
Areas, Signs
The purpose of the Economic Development Eno Lower Intensity Buildings/ 25 [2]
(EDE-1) District is to provide locations for a range of lower intensity Side Setback, min. Structures
non-residential uses in the designated Eno Economic Development (feet) Vehicle Use
District. Areas, Storage 10 [2]
Areas, Signs
Buildings/ 25 [2]
Rear Setback, min. Structures
APPLICABILITY (feet) Vehicle Use
WON
10 [2]
Areas, Si ns
This district will usually be applied where the following conditions Driveway Setback from
exist: Property lines, min. 10
feet
1. Site is located within the designated Eno Economic Development Setbacks between
District. Buildings, min. (feet) 20
2. Urban services, such as water and sewer mains, are highly
desirable, but not required if acceptable alternatives are available.
Any proposed use having reasonable access to water or sewer Height, max. (feet) 60 [3]
systems shall be required to connect to the systems regardless of
the availability of acceptable alternatives.
DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. NR[4] 60
[1] Evaluated as part of the Site Plan review process. Required Open Space .45
[2] Required side and rear setbacks adjacent to residentially zoned Ratio, min.
land shall be equal to the required side or rear setback of the Gross Land Area,
adjacent residential district. min./max. none
[3]Two feet of additional height shall be allowed for one foot (square feet)
increase of the required front and side setbacks.
[4] R= residential, NR= non-residential Required Pedestrian/ NR 05
Landscape Ratio, min.
DEVELOPMENTEDE-1 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the EDE-1 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection
Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by
Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an
appropriate Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 70% if detention ponds are provided. Other requirements for
impervious surface are located in Sections 4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at
least 40,000 square feet.
Orange County, North Carolina—Unified Development Ordinance Page 3-48
Article 3: Base Zoning Distriq4g
Section 3.7: Economic Development Districts
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non-residential zoning lot.
6. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which
the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the number of
individual dwellings that can be developed on a parcel of property).
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
private road standards.
tlin..ed i., Se..toc..,P Ia
Orange County, North Carolina—Unified Development Ordinance Page 3-49
Article 3: Base Zoning Distriq44
Section 3.7: Economic Development Districts
DIMENSIONAL . - .
ECONOMIC DEVELOPMENT ENO
Lot size, min., per use No requirement[1]
HIGHER INTENSITY
PURPOSE
(square feet)
Lot Width, min. (feet) No requirement[1]
Buildings/ 25
Structures
Front Setback from Vehicle Use
ROW, min. (feet) Areas,
Storage 10
Areas, Signs
The purpose of the Economic Development Eno Higher Intensity Buildings/ 25 [2]
(EDE-2) District is to provide locations for a range of light industrial, Structures
distribution, retail, office, and services uses in the designated Eno Side Setback, min. (feet) Vehicle Use
Economic Development District. Areas, 10 [2]
Storage
Areas, Signs
Buildings/ 25 [2]
Structures
Rear Setback, min. (feet) Vehicle Use
APPLICABILITY Areas, 10 [2]
Storage
Areas, Signs
This district will usually be applied where the following conditions Driveway Setback from
exist: Property lines, min. (feet) 10
1. Site is located within the designated Eno Economic Development Setbacks between 20
District. Buildings, min. (feet)
2. Urban services, such as water and sewer mains, are highly
desirable, but not required if acceptable alternatives are available.
Any proposed use having reasonable access to water or sewer Height, max. (feet) 60[3]
systems shall be required to connect to the systems regardless of
the availability of acceptable alternatives.
DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. NR[4] 65
[1] Evaluated as part of the Site Plan review process. Required Open Space .40
[2] Required side and rear setbacks adjacent to residentially zoned Ratio, min.
land shall be equal to the required side or rear setback of the Gross Land Area,
adjacent residential district. min./max. none
[3]Two feet of additional height shall be allowed for one foot square feet
increase of the required front and side setbacks. Required Pedestrian/ NR 05
[4] R= residential, NR= non-residential Landscape Ratio, min.
DEVELOPMENTEDE-2 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the EDE-2 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection
Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by
Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an
appropriate Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 70% if detention ponds are provided. Other requirements for
impervious surface are located in Sections 4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewaters stems shall be 30,000 square feet for parcels between 40,000 square
Orange County, North Carolina—Unified Development Ordinance Page 3-50
Article 3: Base Zoning Distri%118
Section 3.7: Economic Development Districts
feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at
least 40,000 square feet.
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non-residential zoning lot.
6. Residential uses in this district are restricted to temporary mobile homes for custodial care (see Section 5.5.11 for
use standards)and require a Special Use Permit. The residential density permitted on a given parcel is based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown
of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property).
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
private road standards.
A- boned in S-ection 2 16
Orange County, North Carolina—Unified Development Ordinance Page 3-51
Article 3: Base Zoning Distri%116
Section 3.7: Economic Development Districts
DIMENSIONAL . - .
ECONOMIC DEVELOPMENT
Lot size, min., (square 20,000
HILLSBOROUGH
feet)
LINEAR r
Lot Width, min. (feet) 100
PURPOSE
Front Setback from ROW, 50
min. (feet)
The purpose of the Economic Development Hillsborough Linear
Office(EDH-1) District is to provide locations for low to moderately
intense medical, professional, administrative and government office Side Setback, min. (feet) 15[1]
on small to mid-sized sites in the designated Hillsborough Economic
Development District.
The district is intended to be located on the periphery of established
residential areas and along major and minor thoroughfares.The Corner Setback, min. 40[1] [2]
district is established to provide convenient locations for offices, the (feet)
size and operating characteristics of which require limited parking
and which generate little traffic.
Standards are designed so that this district may serve as a
transitional land use between residential districts and higher, more Rear Setback, min. (feet) 50[1]
intense land uses.
APPLICABILITY
Height, max. (feet) 30 [3]
This district will usually be applied where the following conditions Floor Area Ratio, max. 7NR[4] .45
exist:
1. This district will be applied in the Hillsborough Economic Required Open Space .55
Development District. Ratio, min.
2. This district shall only be applied where water and sewer are Gross Land Area,
available at the site or are to be made available to the site as part of min./max. none
the development approval process. (square feet)
DIMENSIONAL STANDARDS NOTES: Required
[1] Required side and rear setbacks adjacent to residentially zoned Pedestrian/Landscape NR .05
land shall be equal to the required side or rear setback of the Ratio, min.
adjacent residential district.
[2]Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R= residential, NR= non-residential
DEVELOPMENTEDH-1 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the EDH-1 District in Section 5.2, unless a Conditional District is approved
(see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the
approval of a Site Plan as outlined in Section 2.5.
Orange County, North Carolina—Unified Development Ordinance Page 3-52
Article 3: Base Zoning Distriq4?
Section 3.7: Economic Development Districts
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate
Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections
4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that
utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and
1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000
square feet.
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one
principal use or principal structure is proposed on a non-residential zoning lot.
6. Residential uses are not permitted in this district.
7. A justification for any deviation to development standards must state a public benefit or purpose.
8. Structures in this district shall not exceed 5,000 square feet in gross floor area.
9. If the hours of operation are to be outside of the hours of 6:00 a.m. until 11:00 p.m.,the proposed project must be
approved as an appropriate Conditional District.
10. When a site within this district adjoins the exterior boundary of the Hillsborough Economic Development District,the
perimeter buffer width along the exterior boundary line may be reduced to 50 feet. Landscaping in accordance with
Section 6.8.11 shall be installed.
11. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
12. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private
road standards.
DrepGsed s bd 0yioieno shall fellew then Ged, roc a -+lined in Qon+inn 2 9F o
44 13. See Section 5.21.2 for standards for uses requiring approval as a Conditional District within the Hillsborough
Economic Development District.
Orange County, North Carolina—Unified Development Ordinance Page 3-53
Article 3: Base Zoning Distriq48
Section 3.7: Economic Development Districts
• . :4.
Lot size, min, (square 30,000
• • • feet)
Lot Width, min. (feet) 200
- ,• Front Setback,from ROW, 50
min. (feet)
The purpose of the Economic Development Hillsborough Limited Side Setback, min. (feet) 20[1]
Office(EDH-2) District is to provide locations for low intensity office
uses and supporting services in the designated Hillsborough
Economic Development District. The district may contain limited
commercial uses within employment centers or where vehicular Corner Setback, min. 50[1] [2]
access is provided internally to the development. (feet)
APPLICABILITY
Rear Setback, min. (feet) 40[1]
This district will usually be applied where the following conditions
exist: Height, max. (feet) 60 [3]
1. This district will be applied in the Hillsborough Economic
Development District. Floor Area Ratio, max. NR[4] .45
2. This district shall only be applied where water and sewer are
available at the site or are to be made available to the site as part of Required Open Space .55
the development approval process. Ratio, min.
DIMENSIONAL STANDARDS NOTES: Gross Land Area,
min./max none
[1] Required side and rear setbacks adjacent to residentially zoned (square feet)
land shall be equal to the required side or rear setback of the
adjacent residential district. Required
[2]Any corner lot having an abutting interior lot on its side street Pedestrian/Landscape NR .05
shall observe a front yard setback from both streets provided, Ratio, min.
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R= residential, NR= non-residential
DEVELOPMENTEDH-2 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the EDH-2 District in Section 5.2, unless a Conditional District is approved
(see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the
approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate
Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections
4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that
utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and
1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000
square feet.
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one
principal use or principal structure is proposed on a non-residential zoning lot.
Orange County, North Carolina—Unified Development Ordinance Page 3-54
Article 3: Base Zoning Distri%t@
Section 3.7: Economic Development Districts
6. Residential uses are not permitted in this district.
7. Any nonresidential use within two hundred feet of a lot smaller than 2 acres in size with an existing dwelling unit shall be
submitted as an appropriate Conditional District.
8. Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets, or
marginal access streets except where such a driveway and/or street would a)cross a stream and require a no-rise
certification from the NC Department of Public Safety National Flood Insurance Program, b)be located on a slope
greater than 15%, or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of
Orange County, NC.
9. A justification for any deviation to development standards must state a public benefit or purpose.
10. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
11. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private
road standards.
4-3-.12. See Section 5.21.2 for standards for uses requiring approval as a Conditional District within the Hillsborough
Economic Development District.
Orange County, North Carolina—Unified Development Ordinance Page 3-55
Article 3: Base Zoning Distri"
Section 3.7: Economic Development Districts
DIMENSIONAL . • - .
ECONOMIC
O DEVELOPMENT
HILLSBOROUGH OFFICE
Lot size, min, (acres) 1
Lot Width, min. (feet) 200
PURPOSE
Front Setback,from 50
ROW, min. (feet)
The purpose of the Economic Development Hillsborough Office
(EDH-3) District is to provide locations for low to moderate intensity
office uses and supporting services in the designated Hillsborough Side Setback, min. (feet) 20[1]
Economic Development District. The district may contain multi-
family residential uses (6-12 units per acre).
APPLICABILITY
Corner Setback, min. 50[1] [2]
(feet)
This district will usually be applied where the following conditions
exist: Rear Setback, min. (feet) 40[1]
1. This district will be applied in the Hillsborough Economic R[3] 35[4] [5]
Development District. Height, max. (feet)
NR 60[4]
2. This district shall only be applied where water and sewer are
available at the site or are to be made available to the site as part of Floor Area Ratio, max. NR .60
the development approval process.
DIMENSIONAL STANDARDS NOTES: Required Open Space .50
[1] Required side and rear setbacks adjacent to residentially zoned Ratio, min.
land shall be equal to the required side or rear setback of the
adjacent residential district. Gross Land Area, none
[2]Any corner lot having an abutting interior lot on its side street min./max. (square feet)
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable for Required
a building on said lot to less than 25 feet. (See graphic in Section Pedestrian/Landscape NR .05
6.2.7). Ratio, min.
[3] R= Residential uses; NR= Non-residential uses.
[4]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[5] Multi-family structures shall be limited to a three-story maximum.
DEVELOPMENTEDH-3 DISTRICT SPECIFIC D• -D
1. Uses shall be restricted to those indicated for the EDH-3 District in Section 5.2, unless a Conditional District is approved
(see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the
approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate
Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections
4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that
utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and
1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000
square feet.
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one
principal use or principal structure is proposed on a non-residential zoning lot.
Orange County, North Carolina—Unified Development Ordinance Page 3-56
Article 3: Base Zoning Distrietl
Section 3.7: Economic Development Districts
6. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual
dwellings that can be developed on a parcel of property).
7. Any nonresidential use within two hundred feet of a property line of an existing dwelling unit located on a lot smaller than
2 acres in size shall be submitted as an appropriate Conditional District.
8. Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets, or
marginal access streets except where such a driveway and/or street would a)cross a stream and require a no rise
certification from the NC Department of Public Safety National Flood Insurance Program, b)be located on a slope
greater than 15%, or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of
Orange County, NC.
9. A justification for any deviation to development standards must state a public benefit or purpose.
10. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
11. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private
road standards.
Drepesed su bd ivisiens shall f llew the Ged,,roc ri-tin ned iv. Ser+inn 216
�12. See Section 5.21.2 for standards for uses requiring approval as a Conditional District within the Hillsborough
Economic Development District.
Orange County, North Carolina—Unified Development Ordinance Page 3-57
Article 3: Base Zoning Distrietq
Section 3.7: Economic Development Districts
EDH-4 DIMENSIONAL STANDARDS
ECONOMIC DEVELOPMENTLot size, min., (acres) 1
HILLSBOROUGH OFFICE
RETAIL
Lot Width, min. (feet) 200
PURPOSE
Front Setback,from ROW, 50
min. (feet)
The purpose of the Economic Development Hillsborough Office/
Retail (EDH-4)District is to provide locations for high intensity office Side Setback, min. (feet) 20[1]
uses and supporting retail and service uses in the designated
Hillsborough Economic Development District.
The district is intended to be located on large areas as part of a Corner Setback, min. (feet) 50 [1] [2]
cohesive development plan and may contain commercial uses within
employment centers.
APPLICABILITY Rear Setback, min. (feet) 40[1]
This district will usually be applied where the following conditions Height, max. (feet) 60 [3]
exist:
1. This district will be applied in the Hillsborough Economic
Development District. Floor Area Ratio, max. NR[4] .65
2. This district shall only be applied where water and sewer are
available at the site or are to be made available to the site as part of Required Open Space Ratio,
the development approval process. min. .40
DIMENSIONAL STANDARDS NOTES: Gross Land Area, min./max. none
[1] Required side and rear setbacks adjacent to residentially zoned
(square feet)
land shall be equal to the required side or rear setback of the
adjacent residential district. Required Pedestrian/
[2]Any corner lot having an abutting interior lot on its side street Landscape Ratio, min. NR .05
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R= residential, NR= non-residential
DEVELOPMENTEDH-4 DISTRICT SPECIFIC D• -D
1. Uses shall be restricted to those indicated for the EDH-4 District in Section 5.2, unless a Conditional District is approved
(see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the
approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate
Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections
4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that
utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and
1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000
square feet.
Orange County, North Carolina—Unified Development Ordinance Page 3-58
Article 3: Base Zoning Distrietg
Section 3.7: Economic Development Districts
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one
principal use or principal structure is proposed on a non-residential zoning lot.
6. All outparcels within this district shall have internal access to the development.
7. Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets, or
marginal access streets except where such a driveway and/or street would a)cross a stream and require a no rise
certification from the NC Department of Public Safety National Flood Insurance Program, b)be located on a slope
greater than 15%, or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of
Orange County, NC.
8. A justification for any deviation to development standards must state a public benefit or purpose.
9. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
10. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private
road standards.
44, Dropese l of bd 0yioir c n droll frllew them Ged'irro ei-tlined in Confirm 7 16
4?11. See Section 5.21.2 for standards for uses requiring approval as a Conditional District within the Hillsborough
Economic Development District.
Orange County, North Carolina—Unified Development Ordinance Page 3-59
Article 3: Base Zoning Distriet4
Section 3.7: Economic Development Districts
• . 3 - .
Lot size, min., (acres) 2
Lot Width, min. (feet) 200
Front Setback,from ROW, 50
in. (feet)
The purpose of the Economic Development Hillsborough Research
and Manufacturing (EDH-5)District is to provide locations for a wide
range of research, assembling,fabricating and light manufacturing Side Setback, min. (feet) 20 [1]
activities, and such ancillary industrial activities as warehousing and
distribution in the designated Hillsborough Economic Development
District.
Some commercial services are also permitted if they are part of a Corner Setback, min. (feet) 50 [1] [2]
cohesive development plan that is predominantly comprised of
permitted non-residential uses and provided all access is provided
internally. The district is established to provide locations for
research and industrial development which have little or no impact Rear Setback, min. (feet) 40 [1]
on adjoining properties.
APPLICABILITY Height, max. (feet) 40 [3]
This district will usually be applied where the following conditions Floor Area Ratio, max. NR[4] .65
exist:
1. This district will be applied in the Hillsborough Economic Required Open Space
Development District. Ratio, min. .40
2. This district shall only be applied where water and sewer are
available at the site or are to be made available to the site as part of Gross Land Area,
the development approval process. min./max. none
(square feet)
Required
DIMENSIONAL STANDARDS NOTES: Pedestrian/Landscape NR .05
[1] Required side and rear setbacks adjacent to residentially zoned Ratio, min.
land shall be equal to the required side or rear setback of the
adjacent residential district.
[2]Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
4] R= residential, NR= non-residential
DEVELOPMENTEDH-5 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the EDH-5 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection
Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by
Right require the approval of a Site Plan as outlined in Section 2.5.
Orange County, North Carolina—Unified Development Ordinance Page 3-60
Article 3: Base Zoning Distri"
Section 3.7: Economic Development Districts
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an
appropriate Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in
Sections 4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at
least 40,000 square feet.
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non-residential zoning lot.
6. Residential uses are not permitted in this district.
7. Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets,
or marginal access streets except where such a driveway and/or street would a)cross a stream and require a no
rise certification from the NC Department of Public Safety National Flood Insurance Program, b)be located on a
slope greater than 15%, or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife
Habitats of Orange County, NC.
8. A justification for any deviation to development standards must state a public benefit or purpose.
9. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
10. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
private road standards.
11. Prepesed subdivisieRs.Shall felle^'the PFe��"reS e„tlined- in SeGtieR 2.16..
12. See Section 5.21.2 for standards for uses requiring approval as a Conditional District within the Hillsborough
Economic Development District..
Orange County, North Carolina—Unified Development Ordinance Page 3-61
76
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:32
(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;
MLq Ensure that water and sewage systems are safe and adequate;
{7}(6) Prevent flood damage;
MLZ Facilitate an orderly use of land;
WL} Ensure the proper legal description and monumenting of subdivided land; aPA
(9) Encourage the proper management of Orange County's natural resources,-
(10) 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, wand 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 NCGS 160D and Section 7.2.1 of this
Ordinance.33
7.1.3 Compliance with Plans and Other Applicable Regulations34
All subdivisions shall comply with applicable nonoraI nr,,,,,S;„nS standards;and policies outlined
within this Ordinance and the Orange County Comprehensive Plan, as well as with any special
32 Brings language into alignment with 160D and/or Comp Plan
33 Brings language into alignment with 160D
34 Brings language into alignment with 160D
Orange County, North Carolina—Unified Development Ordinance Page 7-1
Article 7: Subdivision?
Section 7.2: Classification of Subdivisions
planning studies, small area plans, and/or corridor plans_, er Snenial Planning studies annreyed er
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 Subdivisions35
(A) In accordance with the North Carolina General Statutes_the following activities do not
constitute a subdivision of land and are „xp thereby exempt from the established
review and approval processes of this Ordinance, provided that the „re„er+y's cvcmn+
(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, iRGl Udine private read
ii 1s+ifir.a+ien Standards 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,e�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 fen the gran+iRg of zoning
and building permits
7.2.2 Minor Subdivisions
(A)A subdivision shall bFr _be c_lclass�oyd_as "minor" if at does_noot-.
(1) Create more than:
lets, including the residual acreage, following the Conventional subdivision
design model; or
(b) Twelve lots, 'nGluding the residual aGreage, following the Flexible Development
su bdivisien design model from any one +roof of land in any ten year„crier!•
(2) DediGate er improve any new publiG street ether than widening aR existing publiG
street;
(3)� Extend nu bnlic�ate.-ander-sanitary sewerage sys#ems-o+nher than laterals
s to
serve indiyid�gal lets; and
(4) Necessitate the iRstallation of drainage imPF9VeM8RtS which would require
easements through one or more lots to serve other lots
35 Brings language into alignment with 160D
Orange County, North Carolina—Unified Development Ordinance Page 7-2
Article 7: Subdivisiorg
Section 7.2: Classification of Subdivisions
(A) Expedited Minor 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
single ownership mooting all of the rriterio•36
(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
submittalprior to plat recordation,
(3) The entire area of the tract or parcel to be divided is greater than two
acres,37
(4) The subdivision creates No more than 3-three lots result from the d0VOsier, and
(5) All resultant lots comply with the following:
(a) Applicable Llot dimension and size requirements of this
Ord inance;"nn Gable Ian , „�
(b) Applicable land use requirements of this OrdinanceThe .ae of the ln+(s)
is in GORfnrmity with app"Gable z ing F8Gl uremen+s and
(c) A permanent means of ingress and egress is recorded for each lot.
(B) Regulated Minor Subdivisions 38
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 creates:
(1) Five lots or less, following the Conventional Subdivision design option; or
(c4(2) Twelve lots or less, following the Flexible Development design, as defined in
Section 7.12.
7.2.3 Major SubdivisionsR
(A) moier 66ibdi„isinr,Maior Subdivision is any subdivision of land that: is nn+ ,r, G..emnt er
fi Ir+her rlossifie.t as fellews•
(1) Creates fewer than 21 lots but more than:
(a) Five lots, if following the Conventional Subdivision design option;
(b) Twelve lots, if 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 excluding the
widening of an existing public street;
(3) Extends public water and/or sanitary sewage systems to multiple lots
represented on a plat; and/or
36 Brings language into alignment with 160D
37 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.
38 Simplified for clarity and to ensure that regulations are affirmative rather than negative(A Minor Subdivisions IS
this...
39 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: Subdivisiom
Section 7.3: Phasing of Subdivisions
(4) Necessitates the installation of drainage improvements which would require
easements through one or more lots to serve other lots.
(B) A tract of land that is proposed for a subdivision into 21 or more lots shall follow the
Zoning Atlas Amendment—Conditional District process detailed in Section 2.9.
411 subdivisions not nlassifiert as an Exempt Subdiyisiop• Miper SubdivisieRi o
(g) '6 ' t(R-C l or NR-C )
tram of land that is proposer+for a subdivision into 21 Pr more Into
parcel of'and as the boundaries of said tram o paFce' of land existed OR the I and
Records of Qrapoe Geunty a of Nevember F 200-3
SECTIONOF •
7.3.1 Phasing of Subdivisionsao
A major subdivision may be developed in phases, provided that:
(A) Each phase^^n+sins ;at 'past five lots „RleSSis depicted on a phasing plan approved by
the Beard of County Gemmissione s as part of the-a Preliminary preliminary su b di,asiep
platPlat with the express determinatien that the prepGsed phasiRg Makes it URlikely that a
-------er weuld WilliRgly abandGR a final phase that Gentains a required eXteRSiGR ef a
read o other infrastrU Gt ire•
(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 is-are sufficient to serve or 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
(G)(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.
Ordinance that will he satisfied in each phase is approved by the Roam of County
v� vaz-rvr-r��-rr-r-c.-av-n�r-ravc�
Commissioners as part of the preliminary plot
A minor subdivision utilizing the Flexible Development Option may be developed in phases, provided that:
(A) The degree and extent of read, water supply, sewage di6pGsal, sterrnwateF manageme
erosion and sedimentation Gentrol, and other required the phase and
prev eusly approved phas;p-s, S 61-IffiGient to serve or handle all development within the
phase;
approved phases is proportional; anrt
(C) A phasing plan showing the phases of development and the requirements of thus
Ordinance that wall be satisfied in each phase as approved by the Planning Director as
part of the preliminary plat
40 Provide for clarity and direct language.
Orange County, North Carolina—Unified Development Ordinance Page 7-4
Article 7: Subdivisioari
Section 7.4: Improvements and Performance Guarantees
SECTION • PERFORMANCE GUARANTEES
7.4.1 Generally'
(A) In accordance with Section 2.25 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) Imprevernents proposed by the subdivider er required by this QrdinaRGe, shall be
9rdiRARGe.
(B) In those instances where said improvements are required to be ^^nod 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
r^f^r^n^^+n said im ^nts shall be made nor+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;
Drainage facilities and easements;
{5}(4) Stormwater easements and stormwater management devices;
Mj} Erosion and sedimentation control devices;
(7)(6) Low-impact (passive) and active rRecreation amenities, spaces, and trails;
MJZL_Fire suppression management facilities;
WLIL_Common Open Space, ", at;on sr-and Landscape management
imnrnvcmcnts areas, an'+-rn, fa faGilities; and
(1-03(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 these that
the oi.Annin„ Dir^,.+^r dooms necessarysufficient 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.
41 Updated for clarity
Orange County, North Carolina-Unified Development Ordinance Page 7-5
Article 7: Subdivisiopt
Section 7.4: Improvements and Performance Guarantees
(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, idn 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
e, therized by the Ner+h Gareiine General Stat ,+ems that the improvements have been
installed in accordance with all applicable standards.
7.4.4 oe..fnrman^e Gliarantee Reserved
(A) IR aGGGrdanGe with SeGtien 2.27 ef this QrdinanGe, a PerfermanGe Guarantee shall be
required fer the purpese ef ensuring that subdividers preperly iRstall all requir
nenStF Gtien plane 42
7.4.5 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 North Carolina Department of
Transportation; utility provider; ,
HomeOWRers' or Property Owners' o f'oe
7.4.6 Property Owners'Association
(A) Where a , property owners', or 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, `"'hero req iirerl and/or by-laws as approved by the County Attorney that
will govern the maintenance and control of such improvements. Provisions shall include
but not be limited to the following:
(1) Establishment of Tthe association snap.,,be established befe.raprior to the sale of
any homes are- soda and/or aooccupation of any building$ssuied;
(2) Mandatory mMembership shall be mandatery 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) TheyYeM80WReFS must pay their pro reed share ofthe-F.osvts, "�Rd aa-rnrf`s
levied by the association that remain URPaid shall become a lien on the individ-H-al
homeowner's property which shall be subordinate only to tax and mortgage lien&,�
(5)(4) If 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;
4z Redundant and unnecessary
Orange County, North Carolina-Unified Development Ordinance Page 7-6
Article 7: SubdivisioR9
Section 7.4: Improvements and Performance Guarantees
!R\!G\ The I +r,�.�.,or.,f oo.�h rl�.�olli.,.. .,i+or L,+shall have��r,+i.,.. r..h+o OR +ho
i—T��l r,
ajsoci�r;and 43
M(6) 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.
7.4.7 Assumption of Maintenance Responsibilities by Property Owner's Association
In those instances where a property owner's association, as detailed within subsection 7.4.56, is
to assume maintenance responsibility for undelivered improvements within the-a subdivision-,#�e
following nrocess shall be adhered to:
(A) The subdivider shall be required to submit te the PlanRing DepartmeRt, iR WFitlpg-,
nreperty G atie-
(B) The subdivider shalt GGGrdiRate d sshedu„e a jeontmeetiRg with Planning
DepartmeRt staff and prepeFty GWRer's aSSGGiatien members and OffiGers te review the status of
(q The the subdivider shall prepare a document, to be approved in both form and
content by the olanning nenartmen+ an,+Orange County °tom, gdetailing the current
conforming status of all required improvements and providing documentation that the
improvements have-were recently beeR inspected and certified as being compliant with federal,
state, and/or local regulations, or otherwise ensured by an approved Performance Guarantee..
(D) �ee-?-;�f the per#y-�;ner s-assec+a+ien shall review s�nthe said
improvements and facilities fer which r sibili+v is herog aSSUM erJ
(€) Said document shells..,--upon execution, be recorded with the (bonne County
subdivider,Register of Deeds, at the expense of the as formal recognition that maintenance
responsibilities have been assumed by the property owner's association
The olanninr. flepartmen+Orange County shall not release the subdivider of maintenance
responsibilities, or authorize the release of Performance Guarantees, until this process is
completed.44
( )(1) All outstanding Performance Guarantees held by a subdivider must be effectively
transferred to the Property Owners Association (POA) and/or Homeowner's
Association before Orange County will release such a Performance Guarantee to
the subdivider.
7.4.8 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
43 These are private matters outside the County's purview.
44 These are generally private civil matter that do not need to involve the county.
Orange County, North Carolina—Unified Development Ordinance Page 7-7
Article 7: Subdivisio
Section 7.5: Subdivision Agreements4
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.
SECTION :D •
(A) The subdivider of all minor and major subdivisions shall record a subdivision agreement
outlining the limitations associated with the development of created lots at the Orange
County Register of Deeds at the same time the Final Plat is recorded.
(B) The purpose of the subdivision agreement is to provide detail on various development
limitations that will regulate the overall development of property consistent with the
approval of the subdivision.
(C) This subdivision agreement shall, at a minimum, outline the following development
criteria for property within the subdivision:
(1) Required development setbacks for lots within the project,
(2) Impervious surface limits for the lots within the development,
(3) The presence of identified environmental features (i.e. stream buffers, flood plain,
wetlands, etc) and an explanation on how development of the lot(s) is impacted,
(4) The presence of identified cultural features listed by the North Carolina Heritage
Program, or identified in "An Inventory of Sites of Cultural, Historic, Recreational,
Biological, and Geological Significance in the Unincorporated Portions of Orange
County" or"Inventory of the Natural Areas and Wildlife Habitats of Orange
County, North Carolina",
(5) Identification of soil and septic limitations, if any, for each lot,
(6) Access restrictions for the project and individual lots,
(7) Limitations on land uses, including specifically dedicated areas,
(8) Maintenance requirements for all roadways as well as references to the project's
road maintenance agreement, if required, and
(9) Maintenance requirements for all designated Common Open Space areas.
SECTIONSTANDARDS
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.
4s Updated for clarity and enforceability
Orange County, North Carolina—Unified Development Ordinance Page 7-8
Article 7: SubdivisioN
Section 7.6: General Design 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 PlaRniRg Beard 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 On the Laws and Rules fee G,-,,URd bseFptmGR Sewage 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.
(5) Mechanical devices, drainage easements, natural buffers, large lots, and/or other
technical means may be used to achieve these drainage objectives. Natural
drainageways are a preferred means of stormwater runoff removal. The
characteristics (including capacity) of natural drainageways shall be protected.
(6) Runoff levels from the 25-year storm after the site is developed shall not be
greater than the rate of runoff on the same site in its natural state.
(7) In cases where anticipated land disturbance for the subdivision and the proposed
lots will cumulatively exceed established thresholds denoted within Section
6.14.5 of this Ordinance, a formal Stormwater Management Plan (SMP) shall be
required as part of the application submittal.
(F) Resource Protection
Orange County, North Carolina—Unified Development Ordinance Page 7-9
Article 7: Subdivisiogg
Section 7.12: Flexible Developments
(3) If the residential lots are proposed to be served by septic systems, the "Yield"
plan shall show soil suitability for individual septic tanks by a preliminary soil
suitability analysis performed in the field on at least 50% of the proposed lots with
all of the proposed lots located on a map showing the location of soil types suited
for septic systems based on the Orange County, N.C. Soil Survey. The soil
suitability analysis and map shall be prepared by a Soil Scientist in consultation
with the Soil Scientist of the Environmental Health Division of the Orange County
Health Department.
(4) The number of lots achieved through the preparation of a Conventional
Subdivision or"Yield" Plan is the number of lots which must be used in preparing
the Flexible Development Plan. The number of lots may not be increased through
the proposed use of an alternative or community sewage disposal system.
Increases are permitted, however, at the Preliminary Plan stage where a more
detailed soils analysis clearly demonstrates that a greater number of lots is
achievable than shE)W^ OR ems' GenGept o'er^previously calculated.
(B) Design Process
Flexible Development subdivisions shall be designed around both the Primary and
Secondary Open Space Areas, which together constitute the total required open space.
The design process should therefore commence with the delineation of all potential open
space, after which potential house sites are located. Following that, access road
alignments are identified, with lot lines being drawn in as the final step.
This "four-step" design process is further described as follows:
(1) Open Space Designation
(a) All potential Open Space Areas, both Primary and Secondary, shall be
identified using a site analysis map as described in Section 7.13.2(A)(3).
(b) Primary Open Space Areas shall consist of those features described in
Section 7.12.4.
(c) Secondary Open Space Areas shall comprise at least half of the
remaining land and shall include the most sensitive and noteworthy
natural, scenic, and cultural resources as described in Section 7.12.4.
(d) Guidance as to which parts of the remaining land to classify Secondary
Open Space Areas shall be based upon on-site visits and the criteria
contained in Section 7.12.4.
(2) House Site Location
(a) Potential house sites shall be tentatively located.
(b) The proposed location of houses within each lot represents a significant
decision with potential impacts on the ability of the development to meet
the criteria contained in Section 7.12.4.
(c) Generally, house sites should be located no closer than 100 feet from
Primary Open Space Areas.
(d) House sites may be situated 50 feet from Secondary Open Space Areas
to permit the enjoyment of scenic views without negatively impacting
Primary Open Space Areas.
(3) Street and Lot Layout
(a) Proposed streets shall be aligned to provide vehicular access to each
house in the most reasonable and economical manner.
(b) When lots and access streets are laid out, they shall be located in such a
way that avoids or at least minimizes impacts on both Primary and
Secondary Open Space Areas.
Orange County, North Carolina—Unified Development Ordinance Page 7-54
Article 7: Subdivis4a
Section 7.13: Specifications for Plat Drawings
(B) A precise description of the extent to which the proposed modifications depart from the
standard requirements of the applicable zoning district and the reasons for such
departures.
(C) The location, type, and area of the Common Open Space, as well as the amount and
function of the Common Open Space in terms of densities and dwelling types proposed.
(D) Written site analysis accompanied by an illustrative site map, which identifies the
following:
(1) Slopes 7'/2- 15%,
(2) Slopes 15% and greater,
(3) Existing vegetation,
(4) Significant stands of trees,
(5) Significant examples of a particular species of tree occurring in a native stand
and specimen trees,
(6) Drainage and waterways,
(7) Special flood hazard areas,
(8) Significant rock outcroppings,
(9) Significant scenic vistas,
(10) Soils with limitations for on-site wastewater systems and building development,
(11) The manner in which the plan makes adequate provision for water and
wastewater treatment, and
(12) The relationship of the plan to the physical environment, the neighborhood in
which it is proposed to be established, and the intent of the provisions providing
for the establishment of a cluster subdivision.
SECTION • • ' PLAT DRAWINGS
The requirements of this Section shall apply to the format of drawings.
7.13.1 Minor Subdivisions
(A) Concept PlanPreliminary Plat
The required Concept PIA^Preliminary Plat for Minor Subdivisions consists of:
(1) A scaled copy of a current Orange County GIS Map for the property denoting its
current orientation and layout. This map may be obtained from the Planning
Department for a fee in accordance with the adopted fee schedule and shall
contain at a minimum the following information:
(a) Contour lines,
(b) Soils,
(c) Water features, and
(d) Any known easements.
(2) A scaled drawing in black ink or pencil detailing the proposed division of property
including, but not limited to, the following:
(a) The scale of the drawing,
(b) A north arrow,
(c) The date of preparation,
Orange County, North Carolina—Unified Development Ordinance Page 7-59
Article 7: Subdivision?
Section 7.13: Specifications for Plat Drawings
(d) The Parcel Identification Number(PIN) number(s) of the lot(s) subject to
the application,
(e) The proposed property lines for each lot,
(f) Common Open Space lots, including type and acreage,
(g) A Site Analysis Map as outlined in LIDO 7.13.2 (A)(3) below,
(h) The delineation of any known and required stream buffers on the
proposed lot(s),
(i) The proposed method for ingress and egress including a description of
how each lot will be afforded access,
Q) A narrative detailing the development of all proposed roadways,
(k) A private road justification, if required under Section 7.8, and
(1) Any other reasonable relevant information.
(B) Final Plat
Final plats shall adhere to the specifications contained in Section 7.13.3.
7.13.2 Major Subdivisions
(A) Concept Plart
0) in General
(aa) Trequired Gen Gept Plan for Major Subdi„isJoRs of three
ASite Analysis MW,
A Genventional Subdivision Option; and
Lw`«�A Flexible Development Optiop
(bl Concept Plan shall be prepared to the "four-step" process
p� �r Plan� �prep according`9`�,� �'o
for designing Flexible developmentsubdivisions, as described herein
(c) The Concept Plan shall he drawn in block ink or pencil ttoo_a scale n1�o not
less than 280_feet tl_oo_theinch The scale chosen shall he large enn nh to
show all required detail clearly and legibly
(2) Required General Information
Fach Cite °nalysis Map anrd Development Option shall contain the following
general information:
(a) A sketGhV lcl� mna p wing the IGGatlen of the vs relation
to the evicting street or highway system•
(b) The plotted boundaries orthc�r-;4et frn-rn deeds or maps of Feserd and the
portion of the traGt to be subdivided;
(c) The tetal aGFeage to-be subdivided, tax map block and lot
number reference;
(d) The name, address and telephone number of the subdivider or owner
and the_person responsible f oo�the the subdi.o'y'c'�ron_dec`iggn•
Cep_Scareapprnv'mate north arrow and date of p�ppreparati�.�non_and
(ff) Name_oofsuhbd'y'y's'er
(3) Site Analysis Ma;
Orange County, North Carolina—Unified Development Ordinance Page 7-60
Article 7: Subdivis4g
Section 7.13: Specifications for Plat Drawings
As determinerd from readily identifiable a site in enteries aerial photographs
rye oI rd, State/Federal reseeree maps, and IGGal, plaRRing deGUments and
i n"enteries the Site Analysis Map shall pen+sin the fnllewing ipfnrmatien•
(aa) Primary Open Spare Ar��
ntifinatinn of phySiGal re.SoL'rGes a.S.SoGiated I.A the site Whinh restrint
UlTri �Yl'TI"lZl"T�GrCG1PTrt�J1TrGGiI�VC
its development potential OF nnntain sinnifinant and/or n��Ifi oral
rosn�ernes . Auding•
�T-opegraphin nnnte ors At ten_foet interval showingFE)GL
oU hnrops and clones of 7 V_0/ to 15 and more than 15
crr�Semi type a eea+inns-and c�e=ac ens#�cs-relafiag�o seasen I high
water table apd depth to hedrenL
HydFGIGgiG EharacteriStiGS eft;esite, ieGIudiRg drainage
tributaries �rfane v�ater hedies fleedplains Rd wetlands.
/i"\ Natural d wildlife habitats d 'ders.
t,-P�, areaSm he,�sar;�ce,=nGor
/.,�� ,to on and,�aeeIogic-arsites lm,;tpd n the National Regi�er
of I-Iistorin Dlanes or innL uded nn the Ctate's hlatinnal Register
study list designated as a Innal histnrin landmark,
Iona+ed in a
Innal histerin distrint and/nr identified as haying ahigh potential
for arnhaenlnninal remains
(b) SeGendary Open �Cpa yeas
ldentlffGQ�f signifiGant site elementsnTT buildable pertiens of the site
feuding:
Vegetation ef the site,defiRing approximateIeeatien and
boundaries of weedland areas, and! wherever pessibL—
vegetative asSeciatiGR OR termsef Spesies and size. Infermatien
from aerial photographs shall he anneptahle at the Gonnept Plan
sty
Current lannd-use and I-cmG land-GOVer(GUItivated-areas, pastures-,
etn \ existing buildings and strUntures and burial grounds.
r�SGen,G=iewS onto the sitef,re-Irn surrounding reads as well aS
Ar- Gen C eft{ r '; {nm �n the site as determined by
4T T Tei VTITVYT Tr- GTili-CI�TCI eCIiTITTfGQ1T�
field suwey.
�.y Other historic and archaeological sites and stru gyres.
(G) Transporta+inn and Utility Systems
Identifinatien of fanilities AS iated with the movement of people and
geods nr the PFGVi6weRof public services including:
/)Railroa and st-eeta=ights-of-vva
/r amEasements for vehtcUIIar aeseSS, elestrin and gas traRSMOSSO
lines and similar uses
PubinGand private water and es and storm drainage
faderacrtrcr�.r.
(4) Conventional Subdivision Option
(a) The proposed street layeut within thPsoh, �s+ep n :^9 travelway
and right_of_way widths apd nnnnen+ion to existing streets;
Orange County, North Carolina—Unified Development Ordinance Page 7-61
Article 7: Subdivis4g
Section 7.13: Specifications for Plat Drawings
\�PFeliMiRary sc)il suitability lyres of 10 to 15 of the
rep peserJo��
\�YPro sign of a map showing the of solltypes suited�v�
septic systernS as-hased on the Orange Coil
Survey. The map shall be prepared IN& the Qnil
Cnientist of the I=ny'rPnmental HQ;;I+h Diyicinn of+he Health
Department.-
The proposed arrangement lets;-iii+mnn the subdivision,
inch Yding size and Mumher, as based on soil si iitahility analysis
(5) Flexible Development Optkm
The Flexible Development Option shall contain the follewing informs+ion•
(a\ + f lets within the bdiyisien �rding size
��T#e�rspssed�ar',ger�era�-e,--«���sa,��,�,T �..,,�
per:
(b) layer t within the bdiyision .Jinn+ray
��The-prl3psseJl street� �sa, s c��z,�,-Pe4way
and right ef wa y widths nd c ec+ion +o a is+inn s+roots
(G) The Ingatlnn type,_and area of the open spat nrropGsed in the
sybdMs'on including open mane to he preserved:
lei-aa sepc`a Fate lot orrivts iunnd_pw the ownership of emeev.f
assnciat'nmn
a.T.vrnaziT
As part of inddividd ually owned lots through as Goonseni�non
easement applinahle to multiple Intl
/ As part ef individually GWRed estate lets threughe es+g R atierr�
buildable areas and the use of res+rictiye c ants
l-R a separate let e=leas threugh dediGatinn fer pi bliG Use, S�
ar L site to 't f local + state +
.�--a�a,,��.n,, cv�a-'a'nrnr' norrvcargvvenmrenrvcucc-gvven�rrrenrvr
ate land c
(d�))TheInca+inn of proposed water.supped-se 'wage disposal faGilrtes,
including:
Well site for individual and GOMmunity water systems.
N+t;ifieat'�;ieldareas fe-F Gommunity
sewage disposal systems employing subsurface disposal and
spray irrigation respectively
NitFifiGation_fielda nd land application areas r individual on
and efr_let sewage disposal systems employing subsurface
disposal and spray irrigation respectively
Public water and sewer!ones, whore such facilities are avail
or capable of being extended
(e) the e appliGant is seeking approval only of a Rexihl� Dev er
Plan, heishe shall submit inform a+ion shOWing the location of soils
i+a hl nr in sep� required as renired in u bsectien A/h\
above Y
(E)(A) Preliminary Plat
(1) In General
(a) The Preliminary Plat shall be prepared by a North Carolina registered
land surveyor, professional engineer or registered architect or landscape
architect.
Orange County, North Carolina—Unified Development Ordinance Page 7-62
Article 7: Subdivis46
Section 7.13: Specifications for Plat Drawings
(b) The Preliminary Plat shall be drawn in black ink or pencil at a scale of not
less than 200 feet to the inch nor more than 20 feet to the inch. The
scale chosen shall be large enough to show all required detail clearly
and legibly.
(c) Approximate dimensions and locations are acceptable provided that on
the Final Plat all information shall be based on an actual field survey.
(d) The sheets shall be numbered in sequence if more than one sheet is
used.
(2) Title Block
The title block shall contain the following information:
(a) The proposed name of the subdivision, preceded by the words
"Preliminary Platn of ", which shall not duplicate nor closely
approximate, phonetically or in spelling, the name of any other
subdivision in Orange County;
(b) The scale, approximate north arrow, date of preparation and any other
pertinent legend data;
(c) County and township location; Parent Parcel Identification Number, tax
map, block and lot number of the parcel; and deed book and page
citations for the property to be subdivided; and
(d) The name and address of the owner(s)of the land to be subdivided, the
name and address of the subdivider if other than the owner, and the
name, address, registration number and seal of the registered land
surveyor, professional engineer or registered architect or landscape
architect responsible for preparation of the plat.
(3) Vicinity Map
(a) A vicinity map showing the general location of the subdivision in relation
to the surrounding area shall be placed on the plat.
(b) The vicinity map shall be shown at a sufficient size to show the
relationship of the tract to the existing street or highway system and
readily recognized Orange County landmarks.
(c) Streets and roads shall be identified by State road number and name.
(4) Existing Site Data
Information on existing conditions shall be shown as noted below.
(a) Boundary Lines
(i) The approximate or survey location, including distances and
bearings for boundary lines of the subject tract.
(ii) The location, width and purpose of all recorded easements and
any readily visible and apparent easements.
(iii) The approximate location of boundary lines which abut the tract
shall be shown as dashed lines. The boundary lines of the tract
shall be shown by a heavy line which provides quick and easy
distinction between the property to be subdivided and adjacent
properties.
(iv) The approximate location of corporate limit lines, township
boundaries, and county lines.
(v) The names of owners of adjacent unsubdivided land.
Orange County, North Carolina—Unified Development Ordinance Page 7-63
Article 7: Subdivis4t
Section 7.13: Specifications for Plat Drawings
(vi) For adjacent subdivided land, the subdivision plat name, plat
book and page number, and perimeter lot numbers abutting the
tract to be subdivided.
(b) Streets and Transportation Systems
(i) The location, name and right of way width of streets, roads and
railroads abutting the tract
(ii) Surface material and width of travelways.
(iii) The location of any existing curbs, gutters and culverts. These
features shall also be shown in cross section.
(iv) The location and width of alleys, sidewalks, bike lanes, transit
systems, and bus stops.
(c) Utility Systems
(i) The location and size (if appropriate)of all:
a. Above ground installations of major electric, CATV and
telephone transmission lines,
b. Underground gas transmission mains,
C. Underground water mains and sanitary sewer lines, and
d. Important storm sewer systems on or abutting the tract
shall be shown.
(ii) Information about underground installations of the utilities listed
above shall be based on information obtained from the
respective utility provider.
(d) Contour Information
(i) Existing contours on the tract shall be shown at vertical intervals
of not more than ten feet.
(ii) Contours shall be referenced to mean sea level datum as
obtained from the latest applicable U.S. Geological Survey
topographic map or other geodetic bench-mark.
(iii) Where a field topographic survey of the tract has been
performed, contours shall be referenced to a permanent
identifiable bench-mark.
(e) Primary Open Space Areas
Identification of physical resources associated with the site which restrict
its development potential or contain significant natural and/or cultural
resources, as identified in Section 7.12.
(f) Secondary Open Space Areas
Identification of significant site elements on buildable portions of the site,
as identified in Section 7.12.
Other Conditions
Streams d rivers, ponds or lake swamps er marshes,a
rr� elm rrc--rrP �m-rao--yr-ra�cc umpv--vr-mar c
natural areas identifier! in "natural An Inventory of 2MtecSites of C�-If��rel
I�etorin Re ational RlelneiGal and Geeleginal Sinnifinanne 'n
vccrt�rc�.crcarrvrtarvrorvgra-ar-a-rcrQcvrogr�-ar-v��mcancc�rr
the I Ininnornerated Dertien of nraRg8 GO Rty" a "In„eatery of
the Natural Areas and Wildlife Habitats of Orange County, North
Orange County, North Carolina—Unified Development Ordinance Page 7-64
Article 7: Subdivis49
Section 7.13: Specifications for Plat Drawings
00(i) Manmade features including houses, barns, and known or
identified cemeteries shall be shown in their approximate
location.
ii The zoning of the subject tract and adjacent properties shall be
noted.
(5) Subdivision Layout Data
Information on the proposed development shall be shown as noted below.
(a) Site Calculations
Site calculations shall be shown as follows and may be approximate,
provided that the Final Plat shows all calculations based on an actual
field survey:
(i) Acreage in tract to be subdivided;
(ii) Lineal feet of road centerlines and approximate acreage within
new street rights of ways;
(iii) Acreage in dedicated open spaces, recreational areas and other
non-residential uses; and
iv Total number of lots or parcels created,-.
4,v}a. If a Flexible Development Option is being used, calculate
the number of potential lots that could be realized as a
Conventional Subdivision, as specified in 7.12.8.
(b) Lot Arrangement
(i) Proposed lot lines, lot and block numbers and the approximate
dimensions and area of each proposed lot shall be shown on the
plat.
(ii) Lot areas exclusive of road right of way shall be shown.
(iii) Blocks shall be consecutively numbered or lettered in
alphabetical order and all lots in each block shall be
consecutively numbered.
(iv) Required building setback lines shall be shown for each lot or
noted on the plat.
(c) Dedications, Reservations, and Easements
(i) The location and approximate dimensions of all property to be
set aside for recreational use or other public or private
dedications, reservations or easements shall be shown.
(ii) The purpose and conditions of the dedication, reservation or
easements shall be noted.
(iii) For recreation areas with improvements, a separate sheet shall
be provided showing the proposed site dimension and
improvements drawn at a scale of not less than 50 feet to the
inch, or at a different scale if approved by the Planning Director.
(d) Streets and Transportation Systems
(i) The location, dimensions and classification (public or private)of
all proposed streets, easements, alleys and other right of ways
shall be shown on the plat.
(ii) The location and dimensions of proposed pedestrian paths and
sidewalks, bike lanes or paths, and bus stops shall also be
shown.
Orange County, North Carolina—Unified Development Ordinance Page 7-65
Article 7: SubdivisiM
Section 7.13: Specifications for Plat Drawings
(iii) Proposed streets, pavement or travelway widths shall be
denoted as well as typical roadway cross sections. The
approximate centerline radius shall be shown on all proposed
streets.
(iv) Proposed street names shall be indicated on the plat. Such
names shall not duplicate or approximate the name of any other
street in Orange County except where a proposed street is the
continuation or extension of an existing street.
(6) Utility and Drainage Data
(a) Proposed utility systems shall be shown on the plat, including but not
limited to:
(i) Public or private community water supply systems, including
proposed well locations,
(ii) Public or private community sewage disposal systems, including
proposed septic drainage fields, and
(iii) Storm drainage facilities, including existing and proposed
drainageways and channels.
(b) Any easements associated with such utility systems shall also be
denoted and the purpose for the easements designated on the plat.
(7) Landscaping and Buffer Data
The following information shall be denoted on the Preliminary Plat to
demonstrate compliance with the provisions of Section 6.8 of this Ordinance:
(a) Existing trees and/or vegetation to be preserved and proposed trees
and/or landscape materials to be installed.
(b) Required buffers.
(8) Special Flood Hazard Area (SFHA) Standards
(a) The boundary of the SFHA shall be designated and labeled on the plat
as required by this Ordinance.
(b) For subdivisions located within a Watershed Protection Overlay District,
as identified on the Orange County Zoning Atlas, the following
information shall be designated and labeled on the plat:
(i) Impervious surface data as required by Section 4.2 of this
Ordinance;
(ii) Stream buffers as required by Section 6.13 of this Ordinance;
and
(iii) Stormwater detention and/or retention sites and undisturbed
areas for infiltration purposes as required by the Section 6.14 of
this Ordinance.
7.13.3 Final Plat Specifications
(A) Plat Preparation
(1) The Final Plat shall be drawn in accordance with the requirements of G.S. 47-30
as amended and to the specifications of this Section. The plat shall be prepared
by a Professional Land Surveyor at a scale of not less than 100 feet to the inch
nor more than 20 feet to the inch.
(2) All Final Plats shall be prepared in accordance with the Manual of Practice for
Land Surveying in North Carolina as prepared by the North Carolina State Board
of Registration for Professional Engineers and Land Surveyors.
Orange County, North Carolina—Unified Development Ordinance Page 7-66
Article 7: Subdivis44
Section 7.13: Specifications for Plat Drawings
(B) Title Block
A title block shall be placed on the plat, which shall contain the following information:
(1) The name of the subdivision, preceded by the words "Final Plat of
which shall not duplicate nor closely approximate, phonetically
or in spelling, the name of any other subdivision in Orange County, and, where
the plat at hand is only part of a larger subdivision bearing the same name, the
unit or section number of other necessary identification;
(2) The graphic scale in feet per inch in words or figures and bar graph; a north
arrow accurately positioned and designated as magnetic north, true north, North
Carolina State Plane Coordinate Grid System North or north referenced to a
recorded instrument with the recording reference shown; the date or dates the
survey was conducted; and any other pertinent legend data;
(3) State, county and township location; tax map, Parent PIN, block and lot number
references; and deed book and page number citations for the property being
subdivided; and
(4) The name and address of the owner(s) of the land being subdivided; the name
and address of the subdivider if other than the owner; and the name and
address, registration number and seal of the land surveyor responsible for
preparation of the plat.
(C) Vicinity Map
(1) A vicinity map showing the general location of the subdivision in relation to the
surrounding area shall be placed on the plat.
(2) The vicinity map shall be drawn at a sufficient size to show the relationship of the
tract to the existing street or highway system and readily recognized Orange
County landmarks.
(3) The vicinity map shall show the street names in addition to the State Road (S.R.)
designations.
(D) Existing Site Data
Information on existing conditions shall be shown as noted below.
(1) Boundary Lines
(a) The location, distance and bearings for the boundary line of the tract to
be subdivided.
(b) Areas not designated as lots that will be under common ownership such
as a conservancy, public agency or similar entity or a homeowners'
association's ownership shall be appropriately labeled as tracts.
(c) Locations of corporate limits or Extraterritorial Zoning Jurisdiction (ETJ)
lines, township boundaries, and county lines.
(d) The names of owners and Parcel Identification Numbers (PIN)of
adjacent land.
(e) For adjacent land that is platted, the subdivision plat name, plat book and
page number abutting the tract to be subdivided shall also be shown.
(2) Other Conditions
(a) If any portion of the final plat includes land referenced in the"Inventory of
the Natural Areas and Wildlife Habitats of Orange County, North
Carolina" it shall be shown on the plat.
(b) Constructed features including houses, barns, sheds, railroads and
overhead utility lines.
Orange County, North Carolina—Unified Development Ordinance Page 7-67
Article 7: Subdivis4g
Section 7.13: Specifications for Plat Drawings
(c) Cemeteries if designated either by a previously recorded instrument or if
disclosed to or found by the surveyor during the course of the survey.
(d) All street rights-of-way, which adjoin the boundaries of the tract being
subdivided, shall be shown with dashed lines and shall denote the right-
of-way location and width.
(E) Subdivision Layout Data
The lot design plan shall be drawn and shall show the following information:
(1) Lot Arrangement and Development Potential
(a) The lot lines, Parent Parcel Identification Number, and lot and block
numbers of each lot shall be shown on the plat.
(b) Blocks shall be consecutively numbered or lettered in alphabetical order
and, all lots in each block shall be consecutively numbered.
(c) Lot and block numbers provided shall be in substantial compliance with
those shown on the approved Preliminary Plat.
(d) The location and dimensions of all lot lines, all new easements and any
existing easements which are recorded or easements which are visible
and apparent reservations, and areas dedicated to public or private use
with notes stating their purposes shall be shown on the Final Plat.
(e) Lots shown on the Final Plat shall be substantially the same as those
shown on the approved Preliminary Plat.
(f) Front, rear, and side yard setbacks that are greater than the minimum
setba k r eRtS of the d'StF'Gt in which the p .col is leGated shall be
designated with dashed lines on the individual lots and labeled as
`Minimum Setback'.
(g) All lots which are of restricted development potential shall be noted on
the Final Plat with reference to a separate recorded instrument which
describes the restricted lot(s) by metes and bounds and designates the
lot as "Of restricted development potential because of(specify condition),
pursuant to Section 7.6.3 of the Orange County Unified Development
Ordinance".
(2) Streets and Transportation Systems
(a) The location, dimensions and classification (public or private)of all
streets, new easements or any existing easements which are recorded
or which are visible and apparent uses, alleys and other public or private
ways shall be shown on the Final Plat, including pedestrian and non-
motorized vehicle easements.
(b) All streets intended for future extension either within or beyond the
boundaries of the subdivision shall clearly be indicated on the Final Plat
by the words, "Subject to future extension".
(c) A No Vehicular Access Easement (NVA) (aka Negative Access
Easement) 10 feet in width shall be designated, with a dashed line, along
the right-of-way of all lots and tracts where direct vehicular access to a
roadway is not approved.
(d) Street names, including State road numbers if applicable, shall be
indicated on the Final Plat and shall not duplicate or approximate the
name of any other street in Orange County, or an adjacent County if a
similar street name is in use in the vicinity, except where a street is the
continuation or extension of an existing street.
Orange County, North Carolina—Unified Development Ordinance Page 7-68
Article 7: Subdivis4a
Section 7.13: Specifications for Plat Drawings
(e) All street names shall be approved through the Orange County Land
Records office.
(3) Utility and Drainage Data
(a) Construction plans shall be submitted to proper authorities, as required,
to document any new:
(i) Public or private community water supply system,
(ii) Public or private community sewage disposal system, and/or
(iii) Storm drainage facilities.
(b) Written approval of the reviewing authorities and a set of approved
construction plans shall be submitted to the Planning Department prior to
approval of the Final Plat.
(c) The location and purpose of all new easements for utility systems shall
be shown on the Final Plat, including, but not limited to,:
(i) Sanitary sewers,
(ii) Septic tanks and nitrification fields,
(iii) Storm sewer lines,
(iv) Water mains,
(v) Gas, transmission mains,
(vi) Overhead electric, telephone and CATV transmission mains, and
(vii) Any other above or below ground utility systems which are
contained within a designated easement.
(d) It is understood that utility distribution systems to individual lots for gas,
electric, telephone, and TV cable service are customarily covered by
"blanket easements" or"general easements". If these easements have
been recorded, the recording data shall be shown on the plat.
Otherwise, these easements need not be denoted on the plat.
(4) Landscaping and Buffer Data
Buffers widths and locations as required by Section 6.8 of this Ordinance shall be
shown on the Final Plat and specified in a separate document to be recorded
concurrently with the Final Plat. The Deed Book and Page reference shall be
noted on the Final Plat.
(5) Special Flood Hazard Area (SFHA) Stan and Regulated Water Featuresa6
(a) The boundary of the Special Flood Hazard Area (SFHA)shall be
designated and labeled on the plat as required by this Ordinance.
(b) For subdivisions located within a water supply watershed of regional
and/or local importance, the following information shall be shown on the
Final Plat:
(i) The maximum impervious surface data as required by Section
4.2-of this Ordinance shall be shown for each lot.
(ii) Stream buffers as required by Section 6.13 of this Ordinance
shall be delineated with widths noted on the Final Plat.
46 Broadening language to reflect the actual plat requirements of this subsection.
Orange County, North Carolina—Unified Development Ordinance Page 7-69
Article 7: Subdivisio"
Section 7.13: Specifications for Plat Drawings
(iii) Development restrictions within the stream buffer shall be
specified in a separate document to be recorded concurrently
with the Final Plat. The Deed Book and Page reference shall be
noted on the Final Plat.
(iv) Storm-water detention and/or retention sites and undisturbed
areas for infiltration purposes as required by Section 4.2 and
6.13 of this Ordinance shall be delineated and labeled on the
Final Plat.
(v) Any restrictions or requirements associated with the
detention/retention sites shall be specified in a separate
document to be recorded concurrently with the Final Plat. The
Deed Book and Page reference shall be noted on the Final Plat.
(6) Open Space and Natural and Cultural Resource Areas
(a) Any areas identified in the "Inventory of the Natural Areas and Wildlife
Habitats of Orange County, North Carolina" shall be shown on the Final
Plat.
(b) A description of the resource, and the conditions of subdivision approval,
which ensure its protection shall be included in a document of describing
development restriction to be recorded concurrently with the plat.
(c) Common Open Space areas to be dedicated through the subdivision
process, indicating the type (e.g., Primary/Secondary), the use (e.g.,
passive trails), the land area, the fee simple owner of the land, and/or the
holder of the easement.
(F) Certificates and Endorsements
(1) General
The Final Plat shall be made by or prepared under the supervision of a
Professional Land Surveyor licensed to practice in the State of North Carolina
and shall contain a certificate as required by Section 47-30 of the General
Statutes and prepared in substantially the following form and acknowledged by a
notary public:
1, , certify that this plat was drawn under my supervision from (an
actual survey made under my supervision) (deed description recorded in Book
Page , etc.) (other); that the ratio of precision is 1: ; that
the boundaries not surveyed are shown as broken lines plotted from information
found in Book , Page ; that this map was prepared in accordance with
G.S. 47-30 as amended. Witness my hand and seal this day of
, A.D., 20_"
Seal or Stamp
Surveyor Registration Number
(The surveyor shall also certify on the plat as required by G.S. 47-30 (f) (11)as
amended.)
(2) Certificates of Dedication and Maintenance
(a) The following certificate shall be printed on the Final Plat and shall be
followed by the signature of the owner(s) of the property being
subdivided acknowledged by a notary public.
"The undersigned owner hereby certifies that the land shown hereon is
located within the subdivision-regulation jurisdiction of Orange County
and hereby freely dedicates all rights-of-way, easements, streets,
recreation areas, open spaces, common areas, utilities and other
improvements to public or private common use as noted on this plat, and
Orange County, North Carolina—Unified Development Ordinance Page 7-70
Article 10: Definitiogg
Section 10.1: Definitions
Street, Minor
A street used or designed primarily to provide access to abutting properties. It serves or is designed to
serve not more than nine dwelling units and is expected to or does handle up to 75 trips per day.
Street, Private
A vehicular way, built to the private street standards of Orange County, not intended for public use or
public dedication and which serves a limited number of lots. It is maintained by private property owners
and intended for use by those private property owners.
Street, Public
A street which has been accepted for permanent maintenance by the State of North Carolina.
Street, Subcollector
A street used or designed to provide access to abutting properties, but is also designed to be used or is
used to connect minor or local streets with collector or arterial streets. Including residences indirectly
served through connecting street, it serves or is designed to serve at least 26 but not more than 100
dwelling units and is expected to or does handle between 200 and 800 trips per day.
Structure
Any building used or intended for supporting or sheltering any use or occupancy.
Studio (Arts and Crafts)
See School- Performing Arts, Sports and Recreation.
Study Area, Traffic Impact
The area in which a traffic impact analysis will be made and extending approximately one half mile along
roadways adjacent to a development project and in both directions from all access points or to a major
intersection along these roadways.
Subdivider
Any person or persons, firm or corporation subdividing land within the jurisdiction of this Ordinance.
Subdivision
All divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the
purpose of sale or building development (whether immediate or future) and includes all division of land
involving the dedication of a new street or a change in existing streets.
Subdivision, Exempt
a) The combination or recombination of portions of previously subdivided and recorded lots where
the total number of lots is not increased and the resultant lots are equal to or exceed the
standards of the County, as detailed within this OrdinanceThe ^n,,,hinatinn nr rennw,hination othp- result-ant lets are equal to A_.r exr-,eed- the 6tandards of the County, including private road
i61otifinotinn standards s .tetoile.t �.githin this (lyd*nonoe
b) The division of land into parcels greater than ten acres where no street right-of-way dedication is
involved.The division of land paFGels gFeater than 10 aGres if Pe street right c)f way dediGation
is invnhier!
c) The public acquisition by purchase of strips of land for widening or opening streets or for public
transportation corrldorS.The pu blio annuisitien by purnhase of strips of land fer widening or
nponinn streets
d) The division of a tract in single ownership, the entire area of which is no greater than two acres,
into not more than three lots, where no street right-of-way dedication is involved and where the
resultant lots are equal to or exceed the standards of the County as detailed within this
Ordinance.
resultant lots are equal to or eXGeed the 1.6t.andards of the CGURty as shGWR by its subdivisien
ren�J tbff
rc�mucrvrrr.
Orange County, North Carolina-Unified Development Ordinance Page 10-56
Article 10: Definitiogg
Section 10.1: Definitions
d-)e)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 North Carolina General Statutes.
Subdivision, Expedited Minor
The subdivision of a tract or parcel of land in single ownership that fulfills all of the following criteria:
a) The tract or parcel to be divided is not exempt under the provisions of the Ordinance;
b) No part of the tract or parcel to be divided has been divided via the expedited minor subdivision
process within the past 10 years prior to plat recordation;
c) The entire area of the tract or parcel to be divided is greater than two acres;
d) The subdivision creates no more than three lots; and
e) All resultant lots comply with the following:
1. Applicable lot dimension and size requirements of this Ordinance;
2. Applicable land use requirements of this Ordinance;
3. A permanent means of ingress and egress is recorded for each lot.
Subdivision, Major
Any division of land that is not classified as an Exempt or Minor subdivision.
Subdivision, Minor
A division of a tract of land that does not_:
Gcreate more than:
a) Five lots for the conventional design options, or
a) mere r12 lots for the flexible development option., ,TcIu the residual acreage frem aRY
one+rant of land in y 24 oath period--,
hh``
b)
a)-A subdivision meeting the qualifications of an Expedited Minor Subdivisions shall be subject to
the applicable allowances provided by by NC General Statutes 160D-802.Ded'Gate or improve any ne
np'ubliG street A-their thin ,evidenino on eX*St'Rg i blir street•
b) Extend PubliG water andwer sanitary seweFage systems other than laateraals to lots;
one or more Into to servo other Into• ap
vnti. m�rrvrc�vcTc�rvcrvc-vm�vc.�-,-�-rrra
4) At the E)Ptm()R of the appliGant, involve ve6tiRg of the subdivision fAr a period greater than one
Substantial damage
Damage of any origin sustained by a structure during any one year period whereby the cost of restoring
the structure to its before-damaged condition would equal or exceed 50% of the market value of the
structure before the damage occurred. See definition of"substantial improvement." Substantial damage
also means flood-related damage sustained by a structure on two separate occasions during a ten-year
period for which the cost of repairs at the time of each such flood event, on the average, equals or
exceeds 25% of the market value of the structure before the damage occurred.
Substantial improvement
Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure,
taking place during any one year period whereby the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement. This term includes structures,
which have incurred substantial damage, regardless of the actual repair work performed.
The term does not, however, include either:
a) Any correction of existing violations of State or Orange County health, sanitary, or safety code
specifications which have been identified by the Orange County code enforcement official and
which are the minimum necessary to assure safe living conditions, or
b) Any alteration of a historic structure provided that the alteration will not preclude the structure's
continued designation as a historic structure and the alteration is approved by a variance issued
pursuant to this Ordinance.
Support System
Orange County, North Carolina—Unified Development Ordinance Page 10-57