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HomeMy WebLinkAboutPB Agenda Packet 5-6-26 ORANGE COUNTY—ADVISORY BOARD MEETING AGENDA [Planning Board] 1 [06 May 20161 ORANGE COUNTY PLANNING BOARD MEETING AGENDA May 6,2026 Meeting Information Board Name: Orange County Planning Board Meeting Date: 06 May 2026 Meeting Time: 7:00 p.m. Location: Whitted Meeting Facility, 300 WestTryon Street,Second Floor, Hillsborough, NC 27278 Chair: Lamar Proctor, Chair Staff Liaison: Perdita Holtz, Deputy Director, Long-Range Planning&Administration; Planning &Inspections Department Contact: planningdept@orangecountync.gov 1919.245.2575 Accessibility&Accommodation Notice:Orange County is committed to making all public meetings accessible. Persons with disabilities or who require language assistance are encouraged to contact the Staff Liaison at least 72 hours in advance.TTY users may call 711. Documents are available in alternative formats upon request. Meeting Agenda A= . . 1. Call to Order Lamar Proctor, Chair 2. Information Items Included for a. Planning Calendar for May and June Information Only 3. Approval of Previous Meeting Minutes Lamar Proctor, Chair a. March 4,2026 Regular Meeting Minutes 4, Consideration of Additions to Agenda Lamar Proctor, Chair 5. Chair Comments Lamar Proctor, Chair 6, Reading of Public Charge, if Necessary Lamar Proctor, Chair Introduction to the Public Charge The Board of County Commissioners, under the authority of North Carolina General Statute,appoints the Orange County Planning Board (OCPB)to uphold the written land development laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and harmonious development. OCPB shall do so in a manner which considers the present and future needs of its residents and businesses through efficient and responsive process that contributes to and promotes the health,safety,and welfare of the overall County. The OCPB will make every effort to uphold a vision of responsive Planning & Inspections Department I Page 1 of 3 ORANGE COUNTY—ADVISORY BOARD MEETING AGENDA [Planning Board] 1 [06 May 20161 © Agenda - .d governance and quality public services during our deliberations, decisions,and recommendations. Public Charge The Planning Board pledges its respect to all present.The Board asks those attending this meeting to conduct themselves in a respectful,courteous manner toward each other,County staff, and Board members.At anytime should a member of the Board or the public fail to observe this charge,the Chair will take steps to restore order and decorum.Should it become impossible to restore order and continue the meeting,the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. The Planning Board asks that all electronic devices such as cell phones, pagers, and computers should please be turned off or set to silent/vibrate. Please be kind to everyone 8. Action Item: Major Subdivision Preliminary Plat Lauren Honeycutt, To review and make a recommendation to the BOCC on a Preliminary Plat Planner II application for a Major Subdivision named Rigsbee Estates. The Plat is consistent with the Concept Plan reviewed and approved by the BOCC as the site-specific plan of a Residential Conditional District(R-CD)rezoning application on October 7,2025. The proposal is for a 43-lot subdivision on approximately 6 1.11 acres with 57.66916(35.24 acres)of dedicated open space. The parcel is located at 3531 NC Highway 54 W in the Bingham Township, P/N9749-42-2010. 9. Action Item: Unified Development Ordinance(UDO)Text Amendment Cy Stober, Planning —Subdivision Regulations Director To review and make a recommendation to the BOCC on Planning Director- initiated amendments to the UDO pertaining to subdivision review processes and classifications. 10. Adjournment Lamar Proctor, Chair [Motion to adjourn] Supporting Documents • Attachment A: Planning Calendar for May and June • Attachment B: Previous Meeting Minutes • Attachment C:Abstract and Attachments for Item 8 • Attachment D:Abstract and Attachments for Item 9 Public Comment Guidelines Members of the public wishing to speak on a particular agenda item should note the following: • Comments are limited to 3 minutes per speaker. Persons may not yield their allotted time to another person to speak on their behalf. • Sign-up sheets are available at the door prior to the meeting. Planning & Inspections Department I Page 2 of 3 ORANGE COUNTY—ADVISORY BOARD MEETING AGENDA [Planning Board] 1 [06 May 20161 • Comments must be directed to the Board, not to individual members. • Written comments may be submitted to planningboard _ orangecountync.gov no later than 3:00 p.m.the afternoon of the meeting. Please include in the Subject line of the email the title of the agenda item your comment pertains to. Emails sent to this address are viewable on Google Groups: https://groups.googLe.com/g/ocpLanningboard • Written comments can also be dropped off at the Planning Department's offices at 131 W. Margaret Lane, 2nd floor, Hillsborough, NC during normal business hours(8:00 a.m.to 5:00 p.m. Monday through Friday). Written comments will be scanned and sent by staff to the email address indicated above. Sign up to receive a notification when Planning Board agendas are posted Interested persons can sign up at https://www.orangecountync.gov/tist.aspx to receive a notification when agendas are posted. (Scroll down to the"Agenda Center" category and choose Planning Board). Monthly Planning&Inspections Newsletter Sign up at https://www.orangecountync.gov/List.aspx?ListlD=408 to receive the monthly communication on happenings in the Planning&Inspections Department. Review Process The Planning Board is an appointed volunteer advisory board which makes recommendations to the Board of County Commissioners (the elected officials).The Board of County Commissioners holds a formal public hearing and makes decisions. Section 2.8 of the County's Unified Development Ordinance contains a flowchart depicting the review process for rezoning and text amendment applications. Planning Board Member Potential Conflict of Interest It is the duty of every Board member to avoid both conflicts of interest and appearances of conflict. Board members having any conflicts of interest or appearances of conflict with respect to matters before the Board should identify the conflict or appearance of conflict and refrain from undue participation in the matter involved. As a reminder, NC General Statute§ 160D-109 establishes the following standard: Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship. If any Planning Board member has any concern about a possible conflict related to an agenda item, please notify Planning staff and get in touch directly with a member of the County Attorney's staff before the meeting time to determine whether a conflict exists—and if so, how best to handle the potential conflict. Planning & Inspections Department I Page 3 of 3 IMIM" Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 BOCC Planning Board Business Meeting Meeting 7:00 pm* 7:00 pm Whitted Bldg. Whitted Bldg. 10 11 12 13 14 15 16 BOCC Budget Board of Public Hearing/ Adjustment BOCC Budget Work Session 7:00 pm Work Session 7:00 pm 7:00 pm Whitted Bldg. Whitted Bldg. Whitted Bldg. 17 18 19 20 21 22 23 BOCC BOCC Budget Business Work Session Meeting 7:00 pm 7:00 pm Southern Southern Human Human Services Ctr. Services Ctr. 24 25 26 27 28 29 30 01 BOCC Budget BOCC Budget Work Session Public Hearing/ HOLIDAY 7:00 pm Work Session 7:00 pm Whitted Bldg. Whitted Bldg. 31 Notes: *Planning Board Member Attendance Required Planning Board meetings are held in room 230 on the second floor of the Whitted Building located at 300 W.Tryon St., Hillsborough, NC 27278 June • Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 BOCC Planning Board BOCC Budget Business Meeting Work Session Meeting 7:00 7:00 pm* 7:00 pm pm Southern Whitted Bldg. Whitted Bldg. Human Services Ctr. 7 8 9 10 11 12 13 BOCC Staff Board of Eval Closed Adjustment Session 7:00 pm 7:00 pm Whitted Bldg. Whitted Bldg. 14 15 16 17 18 19 20 BOCC Business Meeting 7:00 PM HOLIDAY Southern Human Sery Ctr. 21 22 23 24 25 26 27 28 29 30 Notes: * Planning Board member attendance required Planning Board meetings are held at Whitted Human Services Building - Donna S. Baker Meeting Room (2nd floor) 300 West Tryon Street Hillsborough, NC 27278 DRAFT 1 MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 MARCH 4,2026 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Lamar Proctor(Chair) Cheeks Township, Chris Johnston (Vice-Chair) Hillsborough 7 Township, Statler Gilfillen, Eno Township Representative; Meg Millard, Little River 8 Township Representative; Venkat Yendapalli, Cedar Grove Township Representative; 9 Jonah Garson, At-Large Representative; Whitney Watson, At-Large Representative; 10 Delores Bailey, At-Large Representative; Charity Kirk, At-Large Representative; Beth 11 Bronson, At-Large Representative. 12 13 MEMBERS ABSENT: None 14 15 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Tom Altieri, Senior Planner- Long Range 16 Planning &Administrative Division; Jack Moran, Planner I. 17 18 OTHERS PRESENT: Othlone Mccalla, Molly Boyle, Lola Merritt, Rose Ogu. 19 20 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 21 22 The meeting began at 7:00 PM 23 24 Lamar Proctor: All right. Good evening. I'm going to call this meeting of the Orange County Planning 25 Board to order. 26 27 AGENDA ITEM 2: INFORMATION ITEMS 28 29 Lamar Proctor reviewed the upcoming Planning Board and Board of County Commissioners meeting 30 calendars. 31 32 AGENDA ITEM 3: APPROVAL OF MINUTES 33 34 Lamar Proctor: All right. Thank you. So, approval of minutes, do I have a motion to approve the 35 February 4th regular meeting minutes? 36 37 Statler Gilfillen: I will so move. 38 39 Lamar Proctor: Anyone second? Hearing a second? All in favor, raise your hands or say aye. 40 41 MOTION BY Statler Gilfillen to approve the February 4, 2026 regular meeting minutes. Seconded by Delores 42 Bailey. 43 44 MOTION PASSED UNANIMOUSLY 45 46 Lamar Proctor: Very good. And then the approval of the February 4th ordinance review committee notes, 47 do I hear a motion to approve those? 48 49 Statler Gilfillen: I will so move. 50 DRAFT 51 Lamar Proctor: Thank you. Second? 52 53 Jonah Garson: Seconded. 54 55 Lamar Proctor: All right, hearing a second, all in favor raise your hands or say aye. 56 57 MOTION BY Statler Gilfillen to approve the February 4, 2026 ORC summary. Seconded by Jonah Garson. 58 59 MOTION PASSED UNANIMOUSLY 60 61 Lamar Proctor: All right, thank you. And then we have a new member of the planning board? Do you 62 want to take a moment to introduce yourself. 63 64 Ana Garcia-Turner: Sure. My name is Ana, or Ana Garcia-Turner. I live off of Hatch Road, which is part of 65 the Chapel Hill Township, and my background is in human research, clinical trials, 66 specifically in the eye. And I am a previous human relations commission member. I was 67 on two terms. And luckily, they liked my application and was selected. 68 69 Lamar Proctor: Well, welcome aboard. 70 71 Ana Garcia-Turner: I've had very little planning. 72 73 Beth Bronson: Welcome. 74 75 Ana Garcia-Turner: Thank you. 76 77 Lamar Proctor: Welcome. I don't know if we can just go around, everybody can just introduce yourself to 78 Ana. I'm Lamar Proctor. I'm in the Cheeks Township in the western part of the county. 79 Why don't we start down here? 80 81 Delores Bailey: Hey, I'm Delores Bailey, Chapel Hill. 82 83 Meg Millard: Meg Millard. Little River, which is the northeast corner. 84 85 Statler Gilfillen: Statler Gilfillen. I'm an architect MBA, Eno District. 86 87 Charity Kirk: Charity Kirk. I'm outside Chapel Hill in the rural buffer zone. 88 89 Chris Johnston: Chris Johnston, I'm the vice chair and I represent Hillsborough and live in Hillsborough 90 here. 91 92 Jonah Garson: Jonah Garson, at-large, also live in Chapel Hill. Grew up there. 93 94 Beth Bronson: Beth Bronson, I am at-large representative, currently live in the western part of the county. 95 Nice to meet you. Welcome. 96 97 Whitney Watson: I'm Whitney Watson and I'm at-large. I live in western Orange County. 98 99 Venkat Yendapalli: Yes, this is Venkat Yendapalli. I'm also Cedar Grove representative, live in Cedar Grove 100 as well. DRAFT 101 102 Lamar Proctor: All right. Well, welcome aboard. So, turning to the considerations of addition to the 103 agenda. 104 105 Cy Stober: Mr. Chair? I'm sorry. My apologies. There are ordinance review committee notes from 106 December 3rd, 2025 that have not been approved by the board. If I could request that the 107 board take action on those December 3rd notes, please? 108 109 Lamar Proctor: Okay. Do I hear a motion to approve the notes for the December 3rd ORC meeting? 110 111 Statler Gilfillen: I'll so move. 112 113 Lamar Proctor: Statler moves. Do I hear a second? 114 115 Delores Bailey: Second. 116 117 Lamar Proctor: Second? Thank you. All in favor raise your hands or say aye. 118 119 MOTION BY Statler Gilfillen to approve the December 3, 2025 ORC summary. Seconded by Delores Bailey. 120 121 MOTION PASSED UNANIMOUSLY 122 123 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA 124 125 Lamar Proctor: All right. So, I think it's unanimous. Thank you. So, any consideration of any additions to 126 the agenda? Hearing none, I will go to the public charge. 127 128 AGENDA ITEM 5: PUBLIC CHARGE 129 130 INTRODUCTION TO THE PUBLIC CHARGE 131 The Board of County Commissioners, under the authority of North Carolina General Statute, 132 appoints the Orange County Planning Board (OCPB) to uphold the written land 133 development law of the County. The general purpose of OCPB is to guide and accomplish 134 coordinated and harmonious development. OCPB shall do so in a manner,which considers 135 the present and future needs of its citizens and businesses through efficient and responsive 136 process that contributes to and promotes the health, safety, and welfare of the overall 137 County. The OCPB will make every effort to uphold a vision of responsive governance and 138 quality public services during our deliberations, decisions, and recommendations. 139 140 PUBLIC CHARGE 141 The Planning Board pledges to the citizens of Orange County its respect. The Board asks 142 its citizens to conduct themselves in a respectful, courteous manner, both with the Board 143 and with fellow citizens. At any time, should any member of the Board or any citizen fail to 144 observe this public charge, the Chair will ask the offending member to leave the meeting 145 until that individual regains personal control. Should decorum fail to be restored, the Chair 146 will recess the meeting until such time that a genuine commitment to this public charge is 147 observed. 148 149 AGENDA ITEM 6: CHAIR COMMENTS 150 DRAFT 151 Lamar Proctor: And does anyone have any additional comments at this time? Hearing none, we'll move 152 to Agenda Item 7, the land use plan for 2050. And I think Tom Altieri has a presentation 153 for us. Thank you, Tom. 154 155 AGENDA ITEM 7: LAND USE PLAN 2050—To respond to a request for information made by the Planning 156 Board at its December 2025 meeting. 157 158 (The memo associated with this item was emailed to Planning Board members on 159 February 18 with a request to review the information and come prepared to the March 4 160 meeting with any questions and/or items for discussion.) 161 162 Tom Altieri: Yes. Thank you. Good evening. Tom Altieri, Orange County Senior Planner. The 163 planning board requested information that the county commissioners received at its 164 retreats last November. The subject matter covered at those two retreats had to deal with 165 community septic, wastewater treatment, groundwater resources. Those are the items 166 covered during the November 14th retreat. And then on the 21 st, conservation 167 subdivisions. The board about 2 weeks ago received a little bit of homework conveyed by 168 Perdita Holtz. The memo that's in your packet tonight was provided in advance with some 169 links to the previous agenda materials for those retreats, an audio, and a video. Hope 170 you've had an opportunity to look at those. If you haven't, the good news, the notes that 171 were taken at those retreats are also in your packet. We did have a representative from 172 Clarion attend those meetings, and the notes are quite good and they're thorough. So, 173 you'll have those as a resource, as well, going forward in the future. And I do know a few 174 of the planning board members were also able to attend those retreats. They both 175 occurred on a Friday during working hours, so it was certainly a difficult time for many to 176 be there. In fact, I missed the first one myself and was out of town. Cy had mentioned, 177 under next steps, the retreat on the 21 st. I don't know, in that list of your calendar items, if 178 next Tuesday, March 10th was mentioned, but there is a commissioner work session on 179 the 10th, and Cy and I have an item late on the agenda. Staff has updated the fact book, 180 which you may recall was a very early deliverable from Clarion for the land use plan. It's 181 essentially a data book. Some new information, some data was released from the US 182 Census, the American Community Survey. So, about 40 percent of that fact book has 183 been updated with that information. The original fact book, I think, was from 2023, so it's 184 got roughly 2 years of new data in the updated fact book, and then we also updated it with 185 some more recent building activity that had occurred. So, we'll have a brief presentation 186 on it on Tuesday to the commissioners, as well as some additional housing information 187 that has been collected. Just a little more on next steps; I wanted to make sure that the 188 planning board understood that there is some work to do, some administrative work, if you 189 would, once the commissioners give us the green light to proceed and begin scheduling 190 outreach. As you know, they've been receiving informational presentations since 191 September of last year, and so once they give us the green light, so to speak, we'll need 192 to work with our consultant on a contract amendment, get that before the board to have it 193 approved. Anything we learn from the commissioners in terms of changes they may want 194 to see to the preliminary draft plan before we take it out for that third and final round of 195 engagement, the consultant will need to make those changes to the draft, and then we'll 196 need to schedule our outreach meetings and get materials prepared for those, and then of 197 course notify the public in advance so that they can attend. So, there's some work there 198 to be done. And then just a final notation, you may have picked up on it; we've been 199 adding a note to all of our abstracts, why does Orange County need a land use plan 200 update? And the board is well aware of that, and won't get into, but essentially, it's to stay DRAFT 201 consistent with state statutes, and that the county needs to have a reasonably up-to-date 202 land use plan in order to administer zoning. So, we're putting that on all our abstracts 203 going forward just as a reminder that there is a state law requirement and it's important to 204 have a process to adopt a land-use plan. So, with that, I'm happy to answer any 205 questions about the process, about the wells, the ground water, the community septic 206 information that we've collected and learned about, as well as conservation subdivisions. 207 And I know the board will have some discussion about those items as well, and Cy will 208 also help with questions, as needed. So, with that, I'll turn it back over. 209 210 Lamar Proctor: Okay. Thank you for sharing that information. I thought it was very helpful, especially the 211 stuff about wells, and community wells versus individual wells, and it's kind of the 212 relationship of those, the dynamics of wells with the environment and of setbacks and all 213 that stuff. So, does anyone have any questions of Tom? Delores? 214 215 Delores Bailey: So, Tom, thank you. Looking at the homework, mine is around sewer systems and 216 wastewater is what you call it. So, on page—is that how you want to do it? You want me 217 to say what page I'm on. 218 219 Tom Altieri: We'll start with that, yes. 220 221 Delores Bailey: Okay, so I'm on Page 2. 222 223 Tom Altieri: Okay. 224 225 Delores Bailey: And I have a very basic question. 226 227 Tom Altieri: Perfect. 228 229 Delores Bailey: There are two drawings there, and can you talk to me about the difference. One of them 230 has the four houses on it; is that a subdivision on top of that? 231 232 Tom Altieri: So,just to be clear, I'm looking at the same page. This is Attachment B of the summary 233 notes, very first page. 234 235 Chris Johnston: This is the community versus individual systems? 236 237 Tom Altieri: Ah, okay. 238 239 Chris Johnston: The septic systems. 240 241 Tom Altieri: Thank you, I'm there. 242 243 Delores Bailey: Attachment B. 244 245 Tom Altieri: So, the image where we have the conventional septic systems on the left and then the 246 cluster systems on the right. 247 248 Delores Bailey: And it's the individual—it's not hooked to anything? Like this, it wouldn't be in a town or 249 anything like that? This is like in the county? 250 DRAFT 251 Tom Altieri: This is a general example of that type of a system that could apply anywhere, yes. 252 253 Delores Bailey: So, is this a single home that won't perc, then? Is that what I'm looking at? 254 255 Tom Altieri: The two illustrations are just to show and illustrate how the drain fields can be different. 256 On the left side, we have one single-family house served by one drain field, and then on 257 the right side, four homes are sharing one common drain field. It's just to illustrate the 258 different ways that those septic systems can be set up. 259 260 Delores Bailey: And so, is this anything like, remember the two large properties, the 32 acres or 39 acres, 261 and they were going to put all those homes on it? Is this the way they'd handle the sewer 262 on the right side? 263 264 Tom Altieri: I think you may be referring to this recent subdivision just on the north side of 265 Hillsborough? 266 267 Venkat Yendapalli: Yeah, that is only water, community well system they have, and then the septic is 268 individual homes have their own. 269 270 Delores Bailey: Like the house on the left? 271 272 Venkat Yendapalli: Yes. 273 274 Delores Bailey: Okay. 275 276 Venkat Yendapalli: Only water is one community system, one well serving everyone. 277 278 Delores Bailey: Thank you. 279 280 Tom Altieri: You're welcome. 281 282 Lamar Proctor: All right. Any other questions? Meg? 283 284 Beth Bronson: To clarify, I do believe that Fiddlehead Creek presentation, that applicant had the cluster 285 septic on the right because they had high density homes, and they had proposed a 286 treatment and dispersal system. 287 288 Delores Bailey: Which project was that, then? 289 290 Beth Bronson: It was Fiddlehead Creek. It was a 55-plus community that wanted to build a healthcare 291 and independent living with assisted facilities out near Goldmine on 54. 292 293 Delores Bailey: Okay. 294 295 Beth Bronson: And they presented a community septic. 296 297 Delores Bailey: And are there many community septics like that around here? 298 299 Tom Altieri: Presently in Orange County, there are not many, no. 300 DRAFT 301 Delores Bailey: And is that something we're going to? 302 303 Tom Altieri: That is something that is up for discussion. 304 305 Delores Bailey: Thank you. 306 307 Charity Kirk: Tom, what was the closest one that we—what was the one that's just over in Durham 308 County? 309 310 Tom Altieri: So, there's Hardscrabble, which is an example in Durham County, that's one that's been 311 in operation for 20-plus years. 312 313 Delores Bailey: How many homes? 314 315 Tom Altieri: I think there's approximately 100 homes. And when Randall Arendt did come to visit and 316 presented to the commissioners, we toured that site and he took a few pictures and felt 317 like it was a good example. And Tony Whittaker, Board of Health, who also presented to 318 the commissioners, thought it was a good example of a system that has been in place for 319 a number of years and has not had any issues because it was put in the right place with 320 the right soils, and it has been inspected regularly. 321 322 Cy Stober: Yeah, so if I can,just; the Fiddlehead corner system, similar to Hardscrabble, these are 323 type 5 or type 6 community systems. So, what you see in that diagram is more of what 324 might be a Type 2 or Type 3, because it's still fairly small. So, Type 5 or Type 6 include 325 engineered pre-treatment to remove, metals and some, —oh boy, I can't—organic 326 chemistry, it's been a long time. But you've got your hydrophobic materials that don't 327 readily bond, or that aren't in the water, and then they also include some nitrogen cycling 328 to get stuff to fall out of the wastewater. So, it's almost like it's a small wastewater 329 treatment facility, but it's not a package plant. There's no direct discharge to any surface 330 waters and there's no additional treatment after it's discharged. So, it discharges to the 331 land, subsurface, and it soaks into the land. But to be clear, that Fiddlehead system was 332 going to be for, originally under its design was for 150 homes, and there was going to be 333 one system, and it would have a capacity, I think, to treat over 3,000 gallons from each. 1 334 think it was 3,000 gallons an hour, I believe? 335 336 Venkat Yendapalli: I think they have their own community septic system, like packaged plant, I think. 337 338 Tom Altieri: Yeah. 339 340 Venkat Yendapalli: It's a big, very big community. Same thing as Farrington Village, all of them have their 341 own plants. 342 343 Cy Stober: Yeah, and frankly, Tom did a ton of survey work looking at all these systems throughout 344 the region, including Chatham County. We expected to find a lot more community septic 345 systems in Chatham County, and that was not the case. Far more packaged treatment 346 plants. So, these decentralized wastewater treatment plants that are managed by the 347 HOA, usually they hire a contractor to manage it for them. Same with community well 348 systems, is a third party comes in and manages that for you. And management varies. 349 350 Delores Bailey: Thank you. DRAFT 351 352 Tom Altieri: I'll just add real quick; there is a chart on Page 6 that shows those different type systems 353 that might be helpful. 354 355 Delores Bailey: Thank you. 356 357 Charity Kirk: Is the goal of this discussion to kind of address things we don't understand in this packet, 358 or to have a discussion about what we see as problems or, like, what are we trying to do? 359 360 Tom Altieri: First, I would say it's certainly the pleasure of the board, but it was our understanding that 361 the planning board wanted to receive the same information as the BOCC in these areas. 362 363 Charity Kirk: Okay. 364 365 Tom Altieri: Which you have had, and it's really quite frankly too much to go through in one meeting. 366 367 Charity Kirk: Right. 368 369 Tom Altieri: So, we were just simply asking for you to review that information, and as you have 370 questions, or opinions, or discussion, or just something for us to take with us for the 371 future, I think all of that is perfectly acceptable. 372 373 Statler Gilfillen: If you go to Page 20—and by the way, I support very much the ecological efforts to make 374 sure that sewage and water are kept safe and clean. This isn't— my next question is not 375 related on that. But on Page 22, estimated installation and maintenance costs. I recently 376 ran some figures based on historical numbers and actuality, and those numbers would 377 tend to disagree somewhat strongly with what I'm seeing on this page. I don't see a 378 reference of where the numbers come from. It could be that my numbers are wrong. I'm 379 not disputing you. It's not the point, but I'm raising the question that I see no references to 380 where your estimated costs are coming from, and they are differing a study that I did 381 recently substantially that might askew this. So, maybe that's a discussion for later, after 382 this meeting, to determine. As initially, that's what I'm seeing. 383 384 Lamar Proctor: What page are you looking at? 385 386 Statler GiIfillen: 22, 1 think it is. 387 388 Tom Altieri: 22. 389 390 Statler GiIfillen: It says estimated installation and maintenance costs. I'm not disputing the environmental 391 issues at all. 392 393 Charity Kirk: Do you want to clarify what you think is wrong? 394 395 Statler GiIfillen: The numbers look askew to me. And I am not looking at my study in front of me to verify, 396 but I'm going to raise the point that that might be something— I see no place that those 397 numbers, where are they verified from? I mean, they could have come from the cloud. 398 399 Charity Kirk: Well, these are notes. 400 DRAFT 401 Statler Gilfillen: But if you're going to quote numbers and people are going to rely upon them, I need to 402 know the source. 403 404 Tom Altieri: The source is Tony Whitaker. And he put together this presentation for the county 405 commissioners. And as I recall, his source was various professionals that he had talked 406 to collect this information, and he did provide, a rather strong caveat that some of these 407 costs can vary pretty widely. But that's where the information does come from. This is 408 not information from Orange County Planning. The county commissioners asked that we 409 bring in experts to present to them, and this is their information. 410 411 Statler Gilfillen: I would like to forward to Cy or somebody later the page that I put together about that. It 412 may differ and may be a good place for discussion to make sure that— I could be wrong, 413 but it is a good place also that if I'm right and these numbers would disagree locally, we 414 should look at that. That's all. 415 416 Venkat Yendapalli: That's fine. Statler, can you share with all of us, all the planning board members also, 417 please, the work you've done and put together, the numbers? 418 419 Statler Gilfillen: Yeah, it is on one of my websites, but don't ask me to give you the web page, name right 420 now. 421 422 Cy Stober: I want to be clear about what that table shows and what Tony as a PE has provided to us. 423 Tony serves on our Board of Health and has for many years; he's also been on the Board 424 of Adjustment. So, that is installation costs; does not include the engineer design costs, 425 does not include any permitting costs. None of the overhead; it is just the cost of 426 construction of a septic system. So, you know, I would agree with you, a conventional 427 system usually costs somewhere in the neighborhood of$25,000.00 to$30,000.00 from 428 soup to nuts. So, this is just the cost of installation. So, that caveat, I suppose, is not 429 included here. I think it was included in his presentation, in his comments. But, yeah, if 430 that's helpful context, I think that may be relevant to the board. I'd also like to address 431 Charity's question. So, I don't want to put our chair on the spot. He's presenting to the 432 board of commissioners on the work plan next week. One of the items in this board's 433 work plan is a request to meet at least twice a year with the board of commissioners to 434 align priorities and, I don't want to put words in your mouth, but ensure that there's a more 435 open line of communication with the board of commissioners on land-use matters. So, if 436 there were one or two particular points of discussion, particularly related to this land-use 437 plan that Tom has pointed out does need to be adopted within a reasonable time window. 438 Points of concern, points of further discussion, education, et cetera, or points that you, 1 439 think you need, you may want to resolve with the board as a land-use matter for the entire 440 county. Those could be constructive for Lamar and for further discussion as jumping-off 441 points. The timing is good, so I don't want to put him on the spot, but if it comes up with 442 the commissioners about, "Well, what would that look like? What would we talk about?" 443 The land use plan is certainly something that could be talked about, but if there's more 444 specifics, that could also be instructive. 445 446 Tom Altieri: Thank you. 447 448 Chris Johnston: So, Meg, Meg was actually next, if you have any input? Okay. Questions? 449 DRAFT 450 Charity Kirk: Just focusing on this one aspect, because it has, we brought it up multiple times in 451 meetings with concern over community waste treatment systems. What can we actually— 452 like, what can we put in our ordinances related to this? Like, would we just say 453 developments over 20 can do this? Like, so far we've limited things as a board and as the 454 board of county commissioners to just individual septic systems for the home, because 455 we're a little afraid of community stuff. So, how can we regulate or add this in? What is 456 there to consider as we add this in, or add this option in? 457 458 Tom Altieri: Right. I understand. And so, I think it's important. We had some discussion with the 459 county commissioners regarding the general level of detail that needs to be in the land- 460 use plan and the specific design requirements and standards in the unified development 461 ordinance. So, there are two pieces. And so, the land-use plan would come first. Of 462 course, we need a good understanding that rural conservation subdivisions are something 463 that we want to see as part of our land-use plan. The land-use plan would or could 464 address where in the county those would potentially be allowed. Currently, in the 465 preliminary draft, we do have some areas that are shown somewhat haphazard, but there 466 is some method to that madness there in terms of lot size, and they're outside of critical 467 areas, and large tracts of land, approximately 50 acres apiece and so forth. So, that part 468 we can do in the land-use plan. Do we want them? Where would we like them to apply? 469 And then, really, quite a number of standards that could be included in the LIDO to 470 determine how do these systems need to be designed. Some of those suggestions have 471 been included in the materials from our presenters. Such things as having an additional 472 well site as part of a conservation subdivision; not necessarily having to drill an additional 473 well, but make sure that there's open space and that there's an additional site there if it 474 were to be needed. The types of waste-water systems; there are advanced systems that 475 have pre-treatment so that that effluent that's applied to the ground as part of that ground- 476 water system, or ground-absorption system, has some element of pre-treatment. Of 477 course, with that you're driving up cost, so there's some things to consider there. 478 479 Charity Kirk: Well, like, the Fiddlehead Farm, or the Fiddlehead Development, was really interesting to 480 me. But it just didn't feel like—well, there was a few things off. So, if we wanted 481 something like that to be allowed in the future, what would we need to do? Especially with 482 — I'm just focusing on wastewater treatment here. I've talked to a public health inspector 483 at one point who said some of the community septic systems for mobile home parks are 484 not well maintained. So, there's been failures there. I don't feel like the Fiddlehead 485 community would necessarily fall into that, but maintenance becomes a big thing, and 486 how do we control for maintenance of these systems if we allow these systems? Because 487 1 think that's one of the sticking points we've had as a board. 488 489 Tom Altieri: There can be, for example, operation agreements that, you know, include how those 490 systems are to be maintained and by whom. Largely, it's an HOA with oversight of a 491 contract, and so that would be part of the development package as it's put together. 492 493 Charity Kirk: I mean, we've been talking about trailers out in the county. Like, the county becomes 494 responsible for derelict trailers. So, how do you make it so the county doesn't become 495 responsible for these failing systems? 496 497 Cy Stober: So, if memory serves, because it's been a year, I think we actually poked at this issue in 498 the draft plan as an action item for further investigation and discussion as part of the 499 implementation strategy of the land-use plan. While there was a lot of discussion of DRAFT 500 conservation subdivisions which would be reliant on more innovative wastewater 501 treatment, there was no explicit recommendation to use community systems or not, but 502 there was, I think, an action to investigate these further and figure out how they might 503 work in Orange County. One thing that Tom and I have kicked around, and with some 504 others, Perdita, Patrick, others, is do we have the legal authority to require performance 505 guarantees for these community systems? Because we're a land-use department, right? 506 And that falls under the environmental health codes. So, can we navigate, similar to what 507 we do with stormwater or roads, private roads, can we require a performance guarantee 508 for 20 years, for example? That we hold a bond at the county, should these fail, the bond 509 is posted by the developer and can be transferred to the HOA, and that would provide 510 some sort of insurance to the county so that the taxpayers of the county are not on the 511 hook for repairing these systems, should they fail. And I don't have that answer today, but 512 it is something that we've brought up for discussion in the draft plan, but I don't have an 513 answer for you today. 514 515 Charity Kirk: So, getting back to like the homework, are these systems more expensive when there's 516 more houses involved? Or is it better to put these systems in when there's more houses 517 involved because there's a scale factor for this? So, can we limit these systems to 30- 518 house developments and more, or would that make any difference? 519 520 Tom Altieri: I would say generally what you say is correct; that there's an economy of scale there 521 where you distribute the cost across more homes. Yes, and there could be thresholds or 522 caps in terms of, you know, how large a subdivision might we have in the county that 523 utilizes these types of systems as part of the infrastructure. 524 525 Charity Kirk: Have you seen this? Because I think the research in the past was kind of, we're going to 526 go look at Chatham County, and it sounds like you've done a lot of looking around. Are 527 there caps in other areas for these systems? Or what makes it so these systems were 528 allowed? Is it just people say, "This is cool, and I like the development"? 529 530 Tom Altieri: So, we have done a lot of research, and as Cy had mentioned, there weren't as many of 531 these types of systems as maybe we would have thought, and you know, we have to, to a 532 degree, venture to guess as to why that is. And, in my opinion, that is probably largely 533 due to, you know, higher density would typically go on your public utilities, your water and 534 your sewer, which we don't have a lot of in Orange County planning jurisdiction. We've 535 seen these systems in place. Many of them were serving multifamily units like 536 condominiums, and they were serving like small shopping centers; not large, but maybe 537 let's say an Ace Hardware, doctor's office, and a couple of small offices. You know, a little 538 small strip center, possibly an out-parcel or two. 539 540 Charity Kirk: But the strip center just has one owner though, right? 541 542 Tom Altieri: Potentially, yes. 543 544 Charity Kirk: Okay. 545 546 Venkat Yendapalli: I think you answered your own question, Charity. If you don't mind me answering. When 547 you have a large community with so many homes, the management falls on HOA, and 548 that's a factor that actually discourages going into the system, because somebody has to 549 take ownership of managing these community systems. It's a lot of responsibility for the DRAFT 550 community to manage it. Individually, everybody owns their own system, and they have 551 to maintain it. 552 553 Charity Kirk: Yeah. 554 555 Venkat Yendapalli: That's where I think a lot of them fall off, because most people that go to the rural side, 556 county, into the county to live, it's very minimal conditions and subdivisions, they have a 557 lot of land. 558 559 Charity Kirk: But I mean, some of the developments, like some of the more recent developments 560 haven't even looked into community septic because of our decision on Fiddlehead. Like, 561 they don't even bring it up because of our decision for it. 562 563 Venkat Yendapalli: That's true. The tone of the county, right? The county planning and the county 564 commissioners and the planning board, would, do we encourage that type of systems or 565 not? Once we set the tone and the developers take that into consideration, that way this 566 is an option that works in Orange County. Whereas in Chatham County, package units 567 are very well encouraged. They do it all the time, all year. But here, we don't have a 568 single one, do we? In, in our county? 569 570 Charity Kirk: Do you feel like they have been successful when you've looked at them in other areas? 571 572 Cy Stober: Depends. It's entirely dependent upon the operation of the systems, and Tony went into 573 that in detail. It is entirely dependent upon the operator and the investment to maintain 574 that system. They generally have a 30-year lifespan, and they can be replaced easily in 575 the repair area without much problem at all, but you have to plan for it. Just like with 576 private roads, you have to plan for private roads; otherwise, they will crumble and fall 577 apart on you, and then you have an emergency access and an insurance issue. But to 578 get back to your question about how could we regulate these. So, most of these are in 579 engineered option plans. So, they are complex engineered systems that are submitted to 580 the state, North Carolina DEQ, for permitting. They're not submitted to Orange County. 581 They are required to provide regular reports to Orange County and annual inspection 582 reports at least to Orange County, but they're initially permitted by the state. And the 583 applicant can choose to include Orange County Environmental Health or not. And some 584 do, and some don't. It's generally to their benefit to include the county. So, they have that 585 right to pursue that. What the county has, though, is we have land-use regulation. And 586 whether it's a point of discharge, point of treated waste-water discharge, which is the 587 package plant, or whether it's community septic system, the question of how you use that 588 land and how it affects the neighbors is entirely within the purview of the county and within 589 our development ordinance. So, similar to how we regulate the subdivision of land, and 590 we say, "If you're going to do more than 20 lots you have to go through zoning," I think it 591 is reasonable for if you like to consider a standard that says if you're going to have a 592 community septic system that requires state permitting, that it must be considered through 593 a legislative process, a zoning process. There's probably some nuance to figure out 594 there, more than 30 lots and community system, or just community system, and more 595 than 12 lots, which is a major subdivision in Orange County. I'm spit-balling here, but 596 there's a logical and defensible threshold that you could require rezoning. 597 598 Charity Kirk: So, there's thresholds, there's potentially we could do bonds for failure, and then 599 monitoring? DRAFT 600 601 Cy Stober: The monitoring's required by the permit, so that's already baked in. 602 603 Charity Kirk: Okay. 604 605 Cy Stober: And Tony, when he presented, used in contrast to Hardscrabble, he used Piney Mountain, 606 and if you go back and listen to the audio recording, which is around an hour in, he does a 607 much better job than I can. But basically, had they done the soil suitability assessment, 608 they never would have been permitted to build the community system at Piney Mountain. 609 The soils are garbage. They're not appropriate for a community system, but it predates all 610 of the permitting programs that exist. Hardscrabble did the homework, and they made 611 sure that their site worked for their community system, so the failure of the Piney 612 Mountain, it was a lack of due diligence up front. There's probably more to it. I'm 613 probably overgeneralizing, and I'm out of my element in terms of talking about what is 614 other people's expertise, but it was a learning lesson; a hard, hard learning lesson for the 615 county, and for the state, as well as that community. 616 617 Charity Kirk: So, do you feel like we could do this in this county safely with the current options? 618 619 Cy Stober: I am not an environmental health professional nor an engineer, but everything that Tony 620 Whitaker presented suggested if you do all the due diligence up front and you have the 621 safeguards that you already mentioned in place through the state permitting process, it is 622 reasonable to think that these can be successful. And he said in his presentation they 623 generally perform better and are a safer wastewater investment than individual systems. 624 625 Charity Kirk: Is there a concern that the state won't like the regulation and then change it somehow, 626 like they seem to do? 627 628 Cy Stober: Environmental health seems to be more at the whims of the legislature than in building 629 inspections or planning. They regularly get updates to their code at every session. So, 630 yes, I mean, 10 years ago, they would have been required to have a county permit and 631 gone through county reviews, but that was taken away from the county with the EOP 632 process, and now applicants have the right to just go to the state and leave the county out 633 of that process. But the county used to have to be included. 634 635 Tom Altieri: There is a summary that Mr. Whitaker provided, a couple of tables, that's on Pages 8 and 636 9; advantages and disadvantages of the community system from his perspective. 637 638 Beth Bronson: So, that's page 22. 639 640 Cy Stober: It's pages 24 and 25 in the agenda packet. 641 642 Beth Bronson: I just have a comment if it's okay. Charity, do you have any more to add? 643 644 Charity Kirk: Not right now. 645 646 Beth Bronson: Because I do want to build off of what you're saying, is that we're talking about 647 enforcement, we're talking about suitability, we're talking about due diligence, and I think 648 that the one thing that we're not talking about enough, and that is the most-known 649 problem, is the soil quality. We are a county built on clay, and that is not conducive to DRAFT 650 processing effluents, and so until we can talk about what areas are good for that, and 651 identifying those areas, not to say that that needs to be the county's responsibility, not to 652 say that we need to beg the state to do it, but there should be some sort of, I think, 653 conversation in between the two. And that's really where you can't move forward on 654 these systems and talk about the failure points without saying, like, if we don't know the 655 soils and we're not totally sure that these soils are going to take them on, that's the 656 concern, right? And with Fiddlehead, it was a conversation about, that's an unknown. 657 And in specifically that area of the county, it's known that there's not a lot of perc-ing. 658 There's known that you have to have much larger parcels with one building on it in order 659 to be successful. And so again, I'm lacking the jargon and the expertise for sure, but I do 660 know that that is the biggest thing that we can't just state out loud because it's the biggest 661 problem. 662 663 Statler Gilfillen: This may be a little bit of a variance, but I believe the county zoning allows that if you have 664 a 3,000 square foot house on a 3-acre site, you are allowed to build an in-law apartment 665 on your property up to like 1,200, 1,500 square feet, or about half the size. Now, if that 666 house was built 10 years ago with the septic system on it, what are the provisions in this 667 system for adding that in-law apartment to the septic system? Are there any? 668 669 Beth Bronson: Bedrooms. 670 671 Tom Altieri: I'm going to turn to Cy on that one. 672 673 Cy Stober: You need either an existing system permit to verify with environmental health that your 674 individual system can accommodate the additional bedrooms, or you would need to get 675 construction authorization to expand your system to accommodate the new building. 676 677 Statler Gilfillen: So, that is covered? Okay. 678 679 Cy Stober: Oh yeah, yeah. Vigilantly. 680 681 Tom Altieri: So even for a home renovation, if someone were to add a bedroom, they would ensure 682 that not only the drain field, but the septic system, the septic tank were sized 683 appropriately. 684 685 Statler Gilfillen: I went through this about 12 years ago, adding an addition to a 1914 farmhouse, and we 686 put a brand-new septic system in, and it was sized to accommodate an in-law apartment 687 that's never been added. Which may be the reason that that system has been very 688 efficient all these years. 689 690 Charity Kirk: Okay, so off of what Beth was saying and her concern about this, is there any 691 consideration in the land-use plan about trying to develop out any of these nodes so that 692 they can support more of a community system that people then can hook into? So, like 1 693 know where I'm from in California, there was a little town that was very proud that they 694 dealt with their own poop. They didn't necessarily deal with it well, but they did, and so 695 they built around their little private sewer system, and then they paid to kind of do that. 696 So, there was a community utility basically that then people could hook into, but that 697 would require—and they were in the county, so but that would require a certain amount of 698 us being willing to densify certain to allow more of a community system that people could 699 hook into. DRAFT 700 701 Tom Altieri: The rural activity nodes would be an additional area where these systems could be 702 applied, potentially to serve a mix of land uses, so residential and non-residential, but 703 those nodes located where they are generally at crossroads are more or less intended for 704 service-type businesses and non-residential uses than to serve rural conservation 705 subdivisions that we've been discussing. 706 707 Charity Kirk: Okay. So, there's nothing really about trying to get a new, smaller community area, kind 708 of developing with different property owners and hooking into it? Because that's very 709 much about land use, and we just don't have the density stuff to, I think, help support that 710 on a larger scale. 711 712 Tom Altieri: And, yeah,just to take a little bit of a step back, the reason why we're talking about these 713 rural conservation neighborhoods and these types of systems is to achieve some density 714 so that we can preserve a higher percentage of open space within these subdivisions to 715 meet some of our other goals. You know, connecting wildlife corridors, and protecting 716 environmentally sensitive areas, and potentially preserving areas that have prime 717 agricultural soils. So, that's really the impetus for this idea. 718 719 Charity Kirk: That's true. Yeah. Thank you. 720 721 Beth Bronson: So, is it acknowledged that, like, those prime farmland soils are also the prime community 722 septic soils? I don't know, is that something that was addressed during the retreat? 723 724 Tom Altieri: It has been discussed that we're kind of competing for the same good soils. That the soils 725 that are good for agriculture are also those that are best to build on. 726 727 Cy Stober: There was quite a lengthy 15, 20 minute discussion between Commissioners McKee and 728 Green about that very point, and what direction the county should take in supporting land- 729 use change or not on those soils. 730 731 Charity Kirk: Yeah. 732 733 Lamar Proctor: I have a question about the conservation subdivisions versus flexible development. 1 734 didn't really have the bandwidth to go back, but are there examples of subdivisions that 735 we've seen that utilize the flexible development option? Isn't that how it's written in the 736 UDO? 737 738 Cy Stober: Yeah, you recommended approval of two of them in the last 6 months; the Rigsby and 86 739 North. The Commissioners approved Rigsby on 54, and they did not approve 86 North. 740 741 Lamar Proctor: Okay, and the flexible development differs from the standard subdivision in what way? 742 743 Cy Stober: Right, Jack might know this better at this point than me. He's in the trenches every day 744 doing this. So, flexible developments allow for reduction of lot sizes that's offset through 745 open space, commonly held open space that's dedicated to be permanently preserved. 746 So, you can reduce the lot size from .92 acres, 40,000 square feet, down to as much as 747 66 percent in some cases, but generally it's 33 percent or more. 33 percent is the 748 minimum that's required, and then you can get, there's actually some density bonuses you 749 can get if you do much more than that, which Taylor's gone over in her presentations; DRAFT 750 what is the potential lot yield for flexible developments versus what's being proposed. 751 And to the point, I think the comments of this board were that, well, you're counting some 752 of the environmentally sensitive areas that you can't build on anyway. 753 754 Lamar Proctor: Right. 755 756 Cy Stober: So, that is part of this discussion. And currently, the flexible development standards 757 include things like floodplain, stream buffers, steep slopes, et cetera. So, it's a bit of a 758 broad stroke, but yeah, the whole idea is that you can reduce those lot sizes down by 759 offsetting that through permanently dedicated open space elsewhere on that common 760 property. 761 762 Lamar Proctor: And so, the idea here in this discussion is, it seems that the discussion definitely favored 763 conservation subdivision sort of model over flexible development. But our LIDO has rules 764 for flexible development, but we don't for conservation subdivisions at this point? 765 766 Cy Stober: That's correct. 767 768 Lamar Proctor: Okay. And so, the idea is that looking forward into the next comprehensive plan as it 769 goes back and forth with the UDO, and each inform each other that we can, we will look at 770 enacting rules in the UDO to cover conservation subdivisions? 771 772 Cy Stober: If that's the pleasure of this board and the commissioners, yes. I also want to be clear, 773 because I feel like not only this board, but also the commissioners, I think there's some 774 misunderstanding about what can be done versus the process we're proposing. So, 775 generally best planning practice is to adopt a long-range plan that sets your visions, and 776 goals, and objectives, and then you change your laws to fulfill those visions, goals, and 777 objectives. 778 779 Lamar Proctor: Right. 780 781 Cy Stober: You don't have to. You can change the ordinance tomorrow if you think it's urgent or 782 appropriate. You know, we did that with Hemp Retail. We've got that subdivision 783 package that we presented and discussed at the last meeting. We have an omnibus 784 package responding to changes in state law and includes some other updates in it as 785 well. It's not necessary to wait for the land-use plan if the board and the board of 786 commissioners believe that it's a priority to address the conservation subdivision needs. 787 That's at the pleasure of the boards. But generally, the best planning practice is to first 788 say, "What do we want and where do we want it?" And then say, "Ordinance, we're going 789 to change you so that we get what we want and where we want it." 790 791 Lamar Proctor: So, if, for example, we collectively wanted to change the flexible development option to 792 exclude those sensitive areas where they couldn't be built anyway, is that something— 793 how would that go into effect, or is that something we could do? 794 795 Cy Stober: You vote to make a recommendation to the board of commissioners to direct the staff to 796 take that action. 797 798 Lamar Proctor: Okay. 799 DRAFT 800 Cy Stober: As an action item. That would need to be a formal vote. 801 802 Lamar Proctor: By the planning board to submit to the board of county commissioners for their 803 consideration? 804 805 Cy Stober: As their advisory body. Yeah. 806 807 Lamar Proctor: For a text change to the UDO to make that change? 808 809 Cy Stober: Yeah, I think that what we need is we need clarity. I think you've laid it out pretty clearly, 810 and certainly the discussions before have laid it out pretty clearly. We'd probably need to 811 have at least one type of workshop meeting where we make sure that we're fulfilling that 812 vision. But, yeah, that could be done. What we don't want to do is do a whole lot of work 813 and get it before legal, and then come to you and go, "That's not what we meant, we 814 meant this." 815 816 Lamar Proctor: Right. 817 818 Cy Stober: Yeah, sure, you included the floodplains and the stream buffers, but what about the 819 wildlife corridors or something like that? Or contiguous tree stands more than 50 acres. 1 820 don't know, I'm making stuff up, but you know. What needs to be in that umbrella and 821 what needs to be creditable as dedicated areas, and what I've generally heard is 822 potentially buildable areas should be credited; potentially not buildable area in Orange 823 County, which would include the floodplains because we don't allow residential 824 construction in floodplains in Orange County, should not be creditable. But should still be 825 required of any new applications. But I also want to offer, from the land-use perspective, 826 that the more concessions you demand for development, the more expensive you're 827 going to make a development. So, that's the balance. That's tough. And I'm not saying 828 that to be discouraging, but that's the balance that we're trying to strike with the land-use 829 plan; is how do you achieve housing attainability, and environmental protection, and tax- 830 based balance all at the same time? Those are the three goals that are laid out right now 831 for the land-use plan. I think all the critiques of how we do flexible development are 832 completely rational and make so much sense, and we're giving credit to people for land 833 they can't build on anyway. All that's agreed. And if you still say, "Well, we're not giving 834 you a density bonus until you get to 44 percent." You've now made that bonus unit, you 835 know, probably$100,000.00 more expensive to build. So,just bear that in mind. It's a 836 balance. It's not easy. 837 838 Lamar Proctor: All right. Thank you. That was my question. 839 840 Chris Johnston: So, I just wanted to say how much I appreciated the notes in regard to having the 841 questions from the commissioners. So, I was looking at Page 37, which shows the 842 community septic lots being off-site, essentially, where it goes and shows the diagram of 843 the nice little homes in the forest, and then their community septic, or their individual 844 septic lots then go off into the—and for some reason, I just had such a hangup about, you 845 know, this is open space that we're preserving. In my mind, I had it where the CSDs were 846 preserving natural space, and then to have a septic field in them just felt counter intuitive, 847 right? You're going in, you're building out. But the reason I bring this up is because the 848 journey that I had with—you know, then they talked about this as the commissioners, 849 where they talked about, "Okay, what can we actually do with this? Is it, could it be land DRAFT 850 for farming? Or, you know, where are there other instances where this is in place?" And 851 so, you know, I'm still struggling a little bit in terms of what are we trying to preserve if it's 852 just a big open field for septic. Because the reason I care is if they just had the regular 853 lots, those fields would still be there; they would just be all dispersed around, and I guess 854 that's what we're trying to do with this. Does that make sense? 855 856 Tom Altieri: Yeah, I mean, it does make sense. And I think the trade-off is a higher percentage of 857 open space. 858 859 Chris Johnston: Sure. Contiguous open space. 860 861 Tom Altieri: Typically like 65 percent open space. 862 863 Chris Johnston: Sure. 864 865 Tom Altieri: To allow the drain field and that it counts as part of that open space, you know, I guess 866 you'd have to determine whether you think that's reasonable or not. Randall Arendt 867 described, it's a place that people can walk their dogs, you know, you can throw a 868 baseball in it. Depending on how the layout of the houses and the roads, that it can 869 provide a nice buffer from an adjacent neighborhood, or an adjacent roadway, and more 870 of a scenic vista, if you would. Similar to Hardscrabble, those are typically, at least at that 871 example and some others that he shared pictures of from around the country, generally 872 fenced-in with nice attractive-looking fencing. 873 874 Chris Johnston: But I think that was my—mentally I had to get over open space doesn't necessarily mean 875 preserved natural space. 876 877 Tom Altieri: Right. 878 879 Chris Johnston: I think that's where I got hung up about we're trying to preserve this space. It's got to be 880 natural or whatever the case may be, but it's not really because some quarter of it is now 881 being turned into a septic field, which could still be used for baseball and could still be 882 used for walking the dog or whatever the case may be, but it's not natural area, as it were. 883 884 Tom Altieri: Exactly, and you would hope that in this hypothetical subdivision that that drain field 885 wouldn't take up the entire 65 percent of the open space and there'd be other things that 886 are preserved as well, but I get it. Yep. Makes sense. 887 888 Chris Johnston: Cool. That's all I got. 889 890 Beth Bronson: I do have to step out, apologize. I do have to leave a little bit early. I wanted to say thank 891 you, Tom, for this presentation as well as compiling everything, for us because this is, it's 892 an extremely relevant thing to everything the planning board is doing and to how the 893 commissioners are simultaneously working through this. 894 895 Statler Gilfillen: I'll second your comment. 896 897 Tom Altieri: You're welcome. 898 899 Beth Bronson: And thank you very much. DRAFT 900 901 Tom Altieri: And if you haven't had time to look at it yet, please do as you have more questions. I can 902 be found pretty easily. Let me know. 903 904 Whitney Watson: Tom, I have a question, and I was wondering if in the workshops, discussion came up 905 about commercial development versus residential development, because a lot of this 906 information is oriented toward housing development. And so, one of the questions would 907 be, can these community systems be scaled up to the point where they could support a 908 commercial or retail kind of setting that would allow for what I've heard, a grocery store 909 desert in like northwestern Orange County? 910 911 Tom Altieri: At the retreats we did not have that specific discussion. Some of the examples that we 912 found in North Carolina were serving some shopping centers. So, the short of it is, is yes, 913 that technology could be used for a grocery store out in a rural area and some adjacent 914 shops. And I'm trying to think of an example we saw that's not too far away. It's to our 915 west. Maybe it was Winston-Salem area. Anyway, I could share an example and some 916 pictures that I found if you're interested in that. 917 918 Whitney Watson: Well, I just wonder, because one of the things that seems to come up frequently is the 919 development along the interstate corridors makes a lot of sense. Why not put all of the 920 warehouse buildings there? Easy access on and off the highway and so on. But there's 921 also a question about displacement of farmland, of families who have lived there for 922 maybe one or two generations, or suddenly their neighborhood is overwhelmed by these 923 giant concrete blocks. So, if there's an opportunity for that kind of commercial 924 development to happen further out and be clustered with both residential and commercial, 925 because that's the other thing, especially in the fact book, I was glancing through that; 926 transportation, if you live in the northwest, northern half of Orange County, you got to go a 927 long way to get to some of these amenities or to some of these workplaces. So, I guess 928 I'd like to see, as we think about land-use planning, encouraging us to think about 929 alternatives, and this is sort of what, I think, Charity, you were leaning to, is this 930 opportunity to have lower-cost, less-than major infrastructure for septic sewer and water. 931 932 Tom Altieri: Right. And I think that's why we, in the preliminary draft and when we took alternatives 933 out for input from the public, we had that combination of the rural conservation 934 subdivisions and some ideas on where those could potentially locate used in combination 935 with the rural activity nodes, which could provide some of those non-residential 936 opportunities. 937 938 Cy Stober: I appreciate the comment, and I believe, if it's not in the fact book, it certainly was part of 939 the discussion we've had with the commissioners, is yeah; is it a worthwhile county 940 investment of revenues, and in this case, dedicated economic development tax funds, to 941 invest. I mean, it's been done for economic development elsewhere for storm water, so 942 regional storm water treatment. So, you build large storm water devices, and then you 943 can allow the buildings to grow up around that. And you're taking that regulatory 944 responsibility off of those developers, and reducing their upfront costs. Same thing to be 945 said possibly for wastewater treatment or well access. And is that a direction the county 946 wants to go and to activate some of these rural activity nodes so that we reduce the 947 carbon footprint and the vehicle miles traveled in these more rural parts, particularly in 948 northern Orange County where we have, by the social vulnerability index, our most DRAFT 949 vulnerable populations. That's a question I don't have an answer to. It is a question we 950 can poke at in the draft plan. 951 952 Whitney Watson: All right. 953 954 Lamar Proctor: All right. Ana? 955 956 Ana Garcia-Turner: I have nothing. 957 958 Lamar Proctor: You haven't read the LIDO back to back yet? 959 960 Ana Garcia-Turner: Sorry. 961 962 Lamar Proctor: No, I'm kidding. 963 964 Ana Garcia-Turner: Is there a quiz? 965 966 Lamar Proctor: Yeah. 967 968 Ana Garcia-Turner: Okay, can't wait. 969 970 Lamar Proctor: We're always tinkering with it, or they're always tinkering with it. Venkat? No? Any other 971 questions or discussion for Tom? I think this is really good. I feel like over the past year 972 or 2, this planning board has gotten a lot more knowledgeable, and savvy, and adroit with 973 these concepts and the issues for rural planning. So, thank you for that. 974 975 Charity Kirk: Did you say affordable housing is the discussion of the next work group? 976 977 Tom Altieri: I was going to just roll that in and put one final plug in, and that's that March 21 st retreat. 978 It's from 1:00 to 5:00, and we'll have someone come to present about housing economics, 979 supply and demand, OWASA staff is going to come, and then there's going to be a 980 roundtable discussion that would address affordable and attainable housing, we're having 981 the Home Builders Association attend, Chambers, so it's housing for all. And so, if you're 982 able to do that, I know it's a Saturday. Our commissioners, they have looked for work 983 sessions where they can all attend, and so that's why we landed on a Saturday. The clerk 984 did poll the board all the way through April looking for weeknights and couldn't get 100 985 percent attendance, so we scheduled when they're available. 986 987 Delores Bailey: And the March 10th, what time are you guys presenting? 988 989 Tom Altieri: That is a short item. There are other items on the commissioner's work session agenda 990 that night. I think we tentatively, 9:00 for a 30-minute item to present the fact book 991 update, and then some information regarding a housing gap analysis. That meeting is 992 certainly open to attendance, and it is recorded as well. So, there's an opportunity there 993 to get that information and not have to be out late. 994 995 Cy Stober: If you want to root on Lamar, he's up at 7:00, though. I think he's second, they don't do 996 comments at the beginning, so about 7:15. 997 998 AGENDA ITEM 8: ADJOURNMENT DRAFT 999 1000 Lamar Proctor: Fabulous. Looking forward to it. Okay. I think we're at No. 8 in our agenda. Do I have 1001 any comments before we have a motion to adjourn? Yes? 1002 1003 Delores Bailey: I do want to say this is my final meeting.And end of 3 years. So, thank you. This has 1004 been quite fascinating. I've learned a lot. I'm just going to go on and do some more stuff. 1005 So, thank you. 1006 1007 Lamar Proctor: Thank you for your service. All right. Do I have a motion to adjourn? 1008 1009 Statler Gilfillen: I so move. 1010 1011 Delores Bailey: Second. 1012 1013 Lamar Proctor: Yeah, second. Thank you. All in favor, raise your hands or say aye. 1014 1015 MOTION BY Statler Gilfillen to adjourn the meeting. Seconded by Delores Bailey 1016 1017 MOTION PASSED UNANIMOUSLY 1018 1019 Lamar Proctor: It's unanimous. This meeting is adjourned, and there's an ORC after this, or is that it? 1020 1021 Chris Johnston: That's it. 1022 1023 The meeting adjourned at 8:08 PM. ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: May 6, 2026 Action Agenda Item No. 8 SUBJECT: Major Subdivision Preliminary Plat Application — Rigsbee DEPARTMENT: Planning and Inspections ATTACHMENTS: INFORMATION CONTACT: 1. Preliminary Plat Lauren Honeycutt, Planner II, 919-245-2598 2. Staff Report Cy Stober, Planning Director, 919-245-2592 PURPOSE: To review and make a recommendation to the BOCC on a Major Subdivision Preliminary Plat application for the property with Parcel Identification Number 9749-42-2010, located at 3531 NC Highway 54 W, Chapel Hill, in accordance with the provisions of Section 2.15 and Article 7 of the Unified Development Ordinance (UDO), as well as the binding land use conditions for this zoning district. BACKGROUND: A Major Subdivision Preliminary Plat application was received proposing a 43-lot subdivision with 57.66% Common Open Space. REVIEW PROCESS: The proposed subdivision's Concept Plan was previously reviewed and approved by the Orange County Board of Commissioners as the site-specific plan of a Residential Conditional District (R-CD) rezoning application on October 7, 2025. A Major Subdivision application requires the submission of a Preliminary Plat and other documents, in accordance with Section 2.15 of the UDO. • First Action — Onsite visit with the Planning Director. Staff Comment — The site visit was completed as part of the Conditional Rezoning review process. • Second Action — The applicant holds a Neighborhood Information Meeting (NIM). Staff Comment: The NIM was completed as part of the Conditional Rezoning process. NIM was held on April 29, 2025 at 7:00 p.m. at Antioch Baptist Church, 1707 White Cross Road. • Third Action - The Planning Board reviews and takes action on the Concept Plan application approving Concept Plan - Flexible Development Plan. Staff Comment: The Planning Board recommended approval of the Concept Plan — Flexible Development Option as part of the Conditional Rezoning application on August 6, 2025. • Fourth Action — Once a Concept Plan is approved, the Planning Board reviews and makes a recommendation on the approval of the Preliminary Plat for the project. Staff Comment: The Planning Board will review the Preliminary Plat at its regular meeting May 6, 2026. • Fifth Action — The BOCC reviews and take action on the Preliminary Plat application. • Sixth Action — Once all construction activities have been completed, or appropriate performance guarantees have been approved, the Planning Director shall take action on an application solely to affirm conformity with all applicable regulations and established conditions and approve the recordation of a Final Plat, per UDO Section 2.15.4, allowing for the individual lots to be created. Proposal The petitioner has submitted a Major Subdivision Preliminary Plat application proposing to develop 43 single-family residential lots with approximately 57.66% (35.24 acres) of dedicated Common Open Space, consistent with the applicable site-specific plan for this Conditional Zoning District. The Preliminary Plat is contained in Attachment 1. FINANCIAL IMPACT: This request has been reviewed by various County departments who have determined that the approval of the request would not create the need for additional funding for the provision of County services. RECOMMENDATION: The Planning Director recommends the Board: 1. Receive the Preliminary Plat application, and 2. Recommend approval of the Preliminary Plat to the BOCC, as submitted. PRELIMINARY PLAT ORANGE LAND DISTURBANCE PERMIT NUMBER: LDP25-0 r ORANGEGE COUNTY STORMWAIER PERMIT NUMBER: SWP26-0001 sre Proposed VICINITY MAP M � 9TE _ RIGSBEE SUBDIVISION NC Hwy 54 W - y � Bingham Township, North Carolina 0 Orange County COMMITMENTS DEVELOPER CURRENT PROPERTY OWNER CIVIL ENGINEER 1 0 E a Z s Ri Forester,Inc. Carolyn 9 n sbee Bowman Noah Carolina,Ltd. d a s Attn.Laura Haywood 3531 INC 54W 4006 Barrett Drive m _ 8041 Arco Corporate Drive,Suite 110 Chapel Hill,NC 27516 Suite 104 a E Raleigh,NC 27617 (919)619-5697 Raleigh,NC 27609 (919)804-7220 (919)553-6570 laurahaywood@forestar.00m donald.sever@bowman.com R. FIRMk F-1445 zwz E. .,xM„ k H� TRAFFIC CONSULTANT WELL&SEPTIC DESIGNER LANDSCAPE ARCHTECT s Bolton&Menk,Inc. MacCONNELL&Associates,P.C. Weston&Sampson Engineers,Inc 424 S.Dawson Street 501 Cascade Pointe Lane 418 S Dawson Street Raleigh,NC 27601 I— w Raleigh,NC 27596 Suite 103 LU H a g (976)532-1900 LU 4 x Cary,NC 27513 (919)719-1800 (919)467-12-39 steele.nicole@wseinc.com U) 3 z joshua.reinke@bolton-menk.com david@mccronnellandassoc.com cc w o > Do �� ODo U ce ENVIRONMENTAL CONSULTANT SURVEY m Spangler Environmental,Inc. Canoy Surveying 4338 Bland Road 1154 Shonele Ln Raleigh,NC 27609 Stem,NC 27581 (980)308-9888 (984)377-2626 ward@spanglerenvironmental.com canoysurveying@gmail.com DEVELOPMENT DATA PRELIMINARY DO NOT USE FOR eoarN.ux: ui91�ss CONSTRUCTION MIENT o ADE�aCAE 6J.9w9 w DfiuSE 9xDLETFAHILr RIXDExRAI H HM ex M A PRDPoSED BDIIgxD SE1eAgt5 N' E"vMROU Is' 1]26 PIPN 04 STAN6 w�f WNN SMT U- rorAL xuxe R fRofos[D LDT4 a PHASE 1 1 LOTS ME .I!D AUHns fm 21407$1N11UH 11—ED Lor sz PHASE 3 16 LOTS.11- zo� N a IANo DI Re.w¢Roww ARE&LIFE SAFETY DIVISION:STEPHEN SMITH �Hfrx Tn� n ex o rawm s DISNRo.wtE LDT tAIUxS seAwIX (919)245-6151Or Q Sheet Number Sheel line 0a No.220242-01-001 TOTAL nfuL rexcrH fnoxom ]I stesmitha—gecountync.gw UTILITY PROVICERB DATE APNI 17,-1 uvEAe fttr n Rowvur tamaxEs _ SHEPoFF:CHARIES S.BLACKWOOD ELECTRICITY-DUKE ENERGY Know what's below. euc fxl alas¢) flat2t WATER-PMVAIE COMPANYINCADUA Call before you dig.w<«rxWwDssxs f c RaeD - (919)295-2900 ( ) Y & L0C1 fw xAruw D-P Row sza csblackxrodeomngxwnty-9ov SEPTIC-ON LOT PH2 6]5.6Y NATURAL GAS-PUBLIC SERVICE COMPANY DF NORTH CAROUNA xoscD PLw WAroENWCRONR PRI17 Row t2M SHEET C1•D ree r— e2-fue,m uv Rex raln.aeq Rs x2-m -Rye.——­To , Um'M 2 n "ch—om,ms m --.-w.-fRwH-1--IE.cwRAl a aoxm w VICINITY MAP EROSION CONTROL OT OLNOTES: a rdWREO Br ONTR L N PPopR 10 S1.Wi 61'� CW51BUCixlx. \�w�u. 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TYPE"D"50'BUFFER-4i01 LF: REAR LOT LANDSCAPE BUFFER-Sfi,360 SF: SYMOOL COD= EO-AD CIL':0"111I01 TARE SIZE CONTAIN R IIEIGI IT OFF PROVIDED I REQUIRED: PROVIDEDI REQUIRED: PROVIDED I REQUIRED', 4i14i CANOPY TREES II TREE Ifi5 BE) ❑ 282128VERGR CANOPY ENT ES 0 TREES 11000BE) ❑ 56156 CANOPY TREES(TREE 1f000SF) TREES 41147 UNDERSTORY TREES II TREE 165 LF) 47147 EVERGREEN TREE(1 TREE 1100 LF) 1801188 DECIDUOUS UNDERSTORY TREES(4 TREES TICS LF) } } 1 Aa CAR AGAPIPcAry HaarvaFal,l rS(OF aee IRN 11 RAYMIN DRNE 824 LF: 4231423 EVERGREEN UNOERSTORY TREES SE TREES 1100 LF) INTERIOR SIDE LOT LANDSCAPE BUFFER-120,6i0 SF: �t,1S PROVIDED I REQUIRED: 258512585 SHRUBS(55 SHRUBS 1100 LF) ❑ PROVIDEDI REQUIRED' FN CAN FgvTFRry REDaLU ES 11- BBB 6MIN. FIE RST . (,1' 12112 CANOPY TREES(1 TREEIfi5 LF) 1211121 CANOPY TREES U TREE 11000 SE) L . 12112 UNDERSTORY TREES TREE Ifi5 LF) `w✓' p CAROLVN CROSSING-1290 LF: -EVERGREEN UND ERSTOR 1%BI PROVIDED I REQUIRED: TREE IXU OUR RJe NpR1HFRN RFC OAN 2 a CAL. nee 10 MIN. 48 19119 CANOPY TREES(1 TREEI fi5 LF) RBTO REARYARDIANDSCAPE BUFFER.rvP. 19119 UNDERSTORY TRIBESU TREE 161 BE) RY(x41 / v \ U BODHICOURi938 LF: � pUESHU MU APD pAK 2 e UBB r0 Mw. i2 PROVIDED I REQUIRED: ,t 1 14114 CANOPYTREESR TREE 165 TREE1 3 O 14114 NDERSTORY N TREE TREEIfi5 LF) BRAYOEN GROVE 1572LF: I 1201 PROVIDED I REQUIRED: 135) _ 24124 CANOPY TREES II TREE I65 US (1) LANDSCAPE CALCULATION NOTES 2d12d UNDERSTORY TREES(I TREE I65 LF) rvP CAE P I. LANDSCAPE CALCULATIONS ARE BASED ON THE REQUIREMENTS OF THE ORANGE COUNTY APPRpXIMgiE UDO AND THE APPROVED CONDITIONAL DISTRICT PLANS. HOME SIZE 2. PLANT QUANTITIES SHOWN ARE INTENDED TO VERIFY COMPLIANCE WITH REQUIRED BUFFER TYPE "75 BUFFER 21OLF'. PLANTINGS,STREET TREE REQUIREMENTS,AND BETWEEN LOU PLANTINGS IN ACCORDANCE PRO VIDEDI REQUIRED: (TREE PERI00C 8F OF BUFFER WITH UDO 68A ❑ 12112 CANOPY TREES(i TREE 1100 LF) 3. BETWEEN-LOT PLANTING QUANTITIES ARE CALCULATED BASED ON—QUALIFYING PLANTING 212EVERGREEN TREE II TREE OILm a a AREA AND EXCLUDE EASEMENTS,FRONT YARD AREAS,OVERLAP WITH REAR BUFFER AREAS, BIB DECIDUOUS UNDERSTORY TREES(4 TREE 1100 LF) = k m AND AREAS DESIGNATED TO REMAIN AS PRESERVED EXISTING VEGETATION. 20120 EVERGREEN UNDERSTORY TREES M 0 TREE 1100 LF) 1611161 SHRUBS R SHRUBS 1100 LF 4. BUFFER ESTABLISHED QUANTITIES ARE PROVIDEDCONDITIONAL DEMONSTRATE COMPLIANCE WITH THE 1 1 ___________________ BUFFERS ESTABLISHEDIN RE DVEGELED CONDITIONEENESRICT PLANS. w i 5. AREAS C N UNLESS OTHERWISE NOTE ON HAVE SEEN EXCLUDED FROM LANDSCAPE CALCULATIONS UNLESS OTHERWISE NOTED. iING INO SUBSTANTIAL E m¢ 6. STREETTRBE PLACEMENT MAY BE ADJUSTED IN THE FIELD TO ACCOMMODATE DRIVEWAYS. - _ TORY DSOR ArlorO UTILITIES.SIGHT DISTANCE AND OTHER SITE CONSTRAINTS,PROVIDED REQUIRED CAN EE EN TREE BT QUANTITIES ARE MAINTAINED. DECIDUOUS RO) I i_ PLANT QUANTITIES IDENTIFIED IN CALCULATION TABLES AND PLANT SCHEDULE SHALL SERVE NBF (x41 AS THE BASIS FOR LANDSCAPE BONDING QUANTITIES. 8. CONTRACTORSHALL VERIFY ALL FIELD CONDITIONS PRIOR TO INSTALLATION AND NOTIFY THE LANDSCAPE ARCHITECT OF ANY CONFLICTS AFFECTING REQUIRED PLANTING QUANTITIES OR i LOCATIONS. Z 1 W PLANT MATERIAL NOTES _ rk O Z I. ALL PLANT MATERIAL SHALL MEET OR EXCEED ANSI Z60 III ANDARDS FOR NURSERY STOCK RTP P(50)Iv1 2. MINIMUM PLANT SIZES AT INSTALLATION SHALL BE AS FOLLOWS. Z U PERIODOUS CANOPY TREES'.2"CALIPER MINIMUM -PEEp Z EVERGREEN CANOPY TREES.S'HEIGHT MINIMUM Lu 4 DECIDUOUS UNDERSTORY TREES'.I"CALIPER AND 8'HEIGHT MINIMUM J j S EVERGREEN UNDERSTOBY TREES'.6'HEIGHT MINIMUM :d 3 3 SHRUBS'.15"HEIGHT MINIMUM p < 3. PLANT SPECIES SHALL BE SELECTED FROM ORANGE COUNTY S PREFERRED PLANT LIST W WHERE APPLICABLE. _ Do U 4 SUBSTITUTIONS SHALL NOT BE MADE WITHOUT APPROVAL OF THE LANDSCAPE ARCHITECT. yLLI Q L I SO NOTES a U 0 Z w r a:la�rna:lwavuma. Ire n D�a�r�ai wna�eon aan y „„r 5 — 1 AME W 1 ®Sampson -L JC;•. a-1�r awave �,ar kN Pz 44 ,a4rewa� PRELIMINARY a maPAam MAN Pm�o reruNce�.m'ea,x'IHwa«ae DO NOT USE FOR —Ja rre CONSTRUCTION IIAOURUE R� w E PROTECII are wn 2. Spre Pe a�Ww erer \�r� Know whai's below, ED Call before you dig. UP TREE PROTECTION PC STOP N. 220242-DI-O3I ATE SEPTEMBER 12,2025 FILE N� T L201 Staff Report Attachment 2 Major Subdivision — Preliminary Plat Basic Information O R A A G E C O U N T Y. Vicinity Map - PIN 9749422010 cneeKs i owns nIp -- J*.������N ` - ---- Haw �� �o - vm Lower Enoj Creek I Creek ° j' coo Protected 2 pa 2G RD / „((FIELD RD Cep'\ Gy BRP o ry � RO \ I 2p J�2�i O EUBANKS� Kane Creek Critical Bingham Township Alamance h Haw River HOMESTEgp OI RO O � llriiv_ersity m Lake' ��` EaHEsus 8 Protected oe Esr6r k 15 c"DRG Ro 5� n ? p"Q9 ro I�A �w Pol MA,NST SpUTH�E/GH zZ t OLD 6 3¢ UniVe Yty MA \NCO? �EENS80R0 RD m ..Lake Tin I Critical / o> ¢ Haw i o�'O� Chapel Hill.Townsh River t o�s� I Jordan PIN:9799422010 ETJs _ Protected a Lake Protected• 0 Bingham Township - N Major Streams Ci Limits r"'•■ ��R� tY �Water Supply Watersheds Parcel Identification Number (PIN) 9749-42-2010 Parcel Address 3531 NC Highway 54 W, Chapel Hill, NC Applicant Name Forestar Group, Inc. and Address 8041 Arco Corporate Drive, Suite 110, Raleigh NC 27617 Property Owner Name and Address Carolyn Rigsbee (if different from 3531 NC Highway 54 W, Chapel Hill, NC 27516 Applicant) Agent(s), if applicable N/A 1 Parcel Size +/- 61.11 acres Adopted Future Land Use Ma with Parcel 974942201a Depicted Future Land Use Rural Community Activity � Map (FLUM)Designation Node N FLUM Overlay(s) Resource Protection Areas Growth Management 4 Rural Designated System Designation Land focused on designated road intersections which serves as a nodal crossroads for the Definition of FLUM surrounding rural community 9749422010 Designation and is an appropriate (from Article 10 of location for any of the �q — UDO) following uses: church, fire station, small post office, school, or other similar € a Haw River institutional uses and one or more commercial uses. 5,mams Interlocal Agreement �Waior6o°s m _RF.SL]Orf.P.Prn,Anlun, ps Ri Applicable No 1,1ure L-1 Sae°a,egones 1� R IP —1R (Y/N) A, H—G.........nn• Zoning of PIN 9749422010 Current Zoning R-CD (Residential - { District Conditional District) � W Current Use Undeveloped F Township Bingham 8T48422010 Existing Zoning ` Overlay Districts N/A Haw River Q PIN:9T49422010 —51re ma Watershed District Not in a Protected or Critical Zoning MR�- Water Supply Watershed. 0 R1 NC2 2 Surrounding Land Uses and Zoning Aerial Image with Parcel 9749422010 Outlined North All lots are zoned R-1 (Rural Residential) with ° single-family residential uses. South Lots are zoned AR (Agricultural Residential) with single-family residential uses or undeveloped land, and NC-2 (Neighborhood Commercial) with a vacant structure. ` East Lots are zoned R-1 (Rural Residential) with single-family residential uses or undeveloped 3 land, and NC-2 (Neighborhood Commercial) ; `` with a HVAC business. West All lots are zoned R-1 (Rural Residential) with 9494=20,0 single-family residential uses. Existing Roads North None South NC Highway 54 W East None ,E West Six Mile Road Existing Conditions/Physical Features A single-story frame dwelling, as well as its accessories of a concrete pad, pole barn, firepit, and two sheds, currently exists on the property. Should the Major Subdivision receive approval, the property owner will subdivide out a 2.56-acre parcel containing the single-family home and accessory structures. The Development Advisory Committee reviewed the proposed Minor Expedited subdivision to subdivide out the 2.56-acre parcel at their November 21, 2024, meeting and has approved the minor subdivision with comments. The remainder of the parcel is undeveloped. The applicant has provided photos of existing conditions on the site supporting that existing trees are predominantly small hardwoods. No unique or exceptionally large trees have been identified. The parcel also contains streams, floodway, Special Flood Hazard Area (100 Year Floodplain), and 500 Year Floodplain. Public Water and Sewer No public utilities are requested. The applicant proposes service of the site through private septic systems and a community well. 3 Proposed Project Proposed Development The applicant is proposing a Flexible Major Subdivision that reflects the Concept Plan approval with the Zoning Atlas Amendment for this Residential Conditional District: single-family homes on individual lots, featuring no more than 43 lots and no less than 25 acres of dedicated Common Open Space, as reviewed in. The applicant submitted a Preliminary Plat (Attachment 1) with proposed lots adhering to a 20,000 sq. ft. minimum lot size. A summary of the proposal is as follows: Number of Average Lot Area in Common Common Subdivision Type Lots Size Open Space Open Space Percentage Flexible Development 43 0.51 acres +/-35.24 acres in open 57.66% in Plan space open space Open Space The Flexible Development Conservation Cluster option requires a portion of the tract's total land area to be dedicated as protected open space. Common Open Space is divided between Primary and Secondary spaces. Primary Open Space includes the stream and buffer areas, totaling 11.89 acres. 23.35 acres are dedicated to Secondary Open Space. Open space areas include a dog park, bird sanctuary with nesting boxes, decorative well house, a mail kiosk, a community building, and 7,158 linear feet of trails with benches and informational signs. These amenities were included in the Residential Conditional District's approval and have been accounted for with the Preliminary Plat application. Common Open Space will be maintained by the Homeowner's Association. A Declaration of Development Restriction and Requirements, Homeowner's Restriction and Requirements, and Declaration of Covenants were provided with the Preliminary Plat package. Recreational Facilities Recreational facilities payment in lieu fees shall be paid towards Bingham Community Park before Final Plat approval. Phasing The applicant proposes development in three stages. Phase 1 will contain 11 lots, all Common Open Space, well house, mail kiosk, and dog park. Phase 2 and 3 includes 14 lots and 18 lots, respectively, and the remaining bonded amenities as required by the zoning district's Conditions of Approval. Proposed Access and Transportation Network Improvements The applicant proposes the construction of two public roads internal to the project, consisting of 50 ft. rights- of-way and 20 ft. travel ways, to be accepted for maintenance by NCDOT. These roadways will end in cul- de-sacs and feed into three privately maintained roads, consisting of 30 ft. rights-of-way and 20 ft. travel ways, satisfying the condition of a minimum of 18 ft. travel way width. Private roads will be maintained by the HOA. Access to the subdivision will be via a single access to NC Highway 54 W. A total of+/- 4,334 linear feet of roadway will be provided across three phases. Four parking spaces are provided at the mail kiosk and fives spaces are provided at the community building, each with one ADA-accessible space. All parking spaces will comply with LIDO Section 6.9.10. An Adequate Access Acknowledgement and Certification was submitted with the Preliminary Plat package to confirm that the proposed access was reviewed and discussed with Orange County Fire Marshal, NCDOT, and Orange County Solid Waste Management. 4 As a condition of approval, the applicant proposes to provide a right-hand turn lane (deceleration) and a left- hand turn lane (center lane) into the property entrance on NC Highway 54 W, subject to NCDOT approval. Summary of Transportation Information Existing Roadway Characteristics Affected Roadway NC Highway 54 W Type of Roadway Minor Arterial Current Roadway Capacity 15,100 AADT Latest Traffic Volume 11,550 AADT Traffic Generation Number of Trips Expected to be Generated by 464 trips per day Proposed Project Proposed Utilities The site-specific plan presented during the process for the approved Zoning Atlas Amendment, which the Major Subdivision is bound to, proposes the use of a community well and individual septic systems for each lot. No public utilities are requested. Erosion Control/Stormwater Regulations The applicant has submitted for a Land Disturbing Permit and Stormwater Management Permit. All development will comply with regulations in the LIDO pertaining to Stormwater Management (Section 6.14) and Erosion and Sedimentation Control (Section 6.15). The property is located in a portion of the Haw River Watershed that is not designated as a water supply watershed and therefore has no inherent impervious surface limit. Landscape Buffers/Setbacks Landscape buffers and street tree planting requirements are determined at the time of approval for a Residential Conditional District Zoning (Section 6.8.6). As approved in the Conditional District plan set, the Flexible Development plan adheres to a 50 ft. development setback with variable landscape buffer along the perimeter of the subdivision. Property line setbacks for new lots Front 20 ft., Side 10 ft., Rear 15 ft., Corner 20 ft. North Dedicated Common Open Space South 50 ft. development setback, 10 ft. Primary Tree Protection Area, dedicated Common Open Space Variable buffers including Type E 75 ft. buffer, 50 ft. development setback and East voluntary undisturbed buffer, 10 ft. tree protection area, and dedicated Common Open Space Variable buffers including 50 ft. development setback and voluntary West undisturbed buffer, 10 ft. tree protection area, and dedicated Common Open Space Environmental Assessment (EA) An Environmental Assessment is not required as part of a Major Subdivision application. However, an Environmental Assessment was submitted as part of the Residential Conditional District review process in 2025. At that time, the EA and supporting documents were shared with various State agencies via the NC Department of Administration's State Clearinghouse. Planning staff reviewed the materials and agreed with IL 5 a determination of"Finding of No Significant Impact (FONSI)" as required in Section 2.25.1(13)(5) of the UDO. Solid Waste The applicant will comply with the Orange County Solid Waste Management Ordinance. The applicant has provided a "Will-Serve" letter from Efland Trash Service for private hauling. Review Milestones Application Submittal Date December 18, 2025 Development Advisory Committee January 22, 2026 (DAC) Review Neighborhood Information Meeting April 29, 2025 NIM Note: The DAC is a staff/agency committee, established in Section 1.9 of the Unified Development Ordinance. Courtesy Review Jurisdiction Date Sent Comments Received (Y/N) State Clearing House February 17, 2025 Yes Orange Grove Volunteer Fire Department N/A Yes Analysis Staff Analysis As required under UDO Section 2.15.3, the Planning Director shall submit a written analysis of the application and recommendation for the Planning Board. In analyzing this request, the Planning Director offers the following: 1. The application has been deemed complete in accordance with the requirements of Sections 2.2 and 2.15.3 of the UDO. 2. Staff has determined that the property is of sufficient size to support the proposed subdivision. 3. Staff has determined that the Preliminary Plat should conform with the development standards of Article 6 and the subdivision standards of Article 7 when refined as a Final Plat. 4. Staff supports the approval of the Flexible Development Option contained in Attachment 1. 5. Per Section 2.9.1(F) of the UDO, the approved Conditional Zoning application is subject to mutually agreed upon conditions. The proposed Preliminary Plat demonstrates compliance with the conditions approved by the BOCC on October 7, 2025. 6 ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: May 6, 2026 Action Agenda Item No. 9 SUBJECT: Unified Development Ordinance (UDO) Text Amendment — Subdivision Administration DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Draft Ordinance, Including Proposed Cy Stober, Planning Director (g19) 245-2595 UDO Amendments (96 pages) 2. Statement of Approval and Consistency 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 prepared in response to petition and direction from the Board of County Commissioners (BOCC). BACKGROUND: The Orange County Planning Department initiated amendments 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 in response to both a response to Commissioner Salley Greene on March 7, 2024, and further direction from the BOCC at subsequent meetings to simplify the county's administrative processes for by-right subdivisions and further encourage "Flexible Development" subdivisions. 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) respond to the direction from the BOCC to make all by-right subdivision reviews administrative in nature, rather than requiring actions by the Planning Board and BOCC, and remove obstacles from applicants interested in pursuing Flexible Development subdivisions. State law requires the county to approve submitted plats that meet all local subdivision criteria: they must be permitted as a property ownership right (aka "by-right"). Currently, Orange County's 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. Feedback from applicants, the public, and the BOCC is that this 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. Similarly, Orange County's Minor Subdivision administrative process is cumbersome to applicants with minimal benefit to Orange County and its residents, and adds unnecessary costs to the minor subdivision of property that can provide more housing options to Orange County residents, future and present. From application to recordation, there is need for refinement to Orange County's administrative processes to better align the subdivision of land with the county's established objectives and goals, as well as to reduce unnecessary expenses in staff time and resources. The changes resulting from these amendments can be summarized as: 1) Assignment of by-right subdivisions (i.e. subdivision applications creating fewer than 21 lots) to administrative staff reviews and eliminating Planning Board and BOCC reviews of these non-legislative applications that do not permit discretionary reviews or conditional approvals under NC State laws; 2) Clarifying the administrative reviews of phased subdivision applications; 3) Aligning the definitions and regulatory standards for Exempt, Minor Expedited, Minor Regulated, and Major Subdivisions with NC General Statutes, and making them internally consistent; 4) Eliminating the Concept Plan as an application requirement but retaining it for yield analysis purposes to demonstrate the amount of open space protected and the resulting number of lots for Flexible Development subdivision applications, as the Concept Plan is only required for Flexible Developments and may discourage applicants from pursuing this more environmentally-protective approach; 5) Expanding Expedited Subdivision standards to eliminate a regulatory penalty for property owners of 2.01 — 4.99-acre parcels that is not applicable to larger properties; and 6) Eliminating Economic Development, Commercial, and/or Commercial/Industrial Node subdivision standards, which have never been used and the applicability of the Major Subdivision standards for such purposes; 7) Revising language of administrative requirements such as Performance Guarantees; and 8) Consolidating and clarifying subdivision plat notes and criteria for both internal references and consistency. The UDO amendments were reviewed by Planning staff over three iterations, and reflects input from the Development Advisory Committee, as required by the UDO. 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. No relevant comments were received from either Town that altered the staff-drafted language. Proposed text amendment language can be found in Attachment 1 within a "track changes" format. FINANCIAL IMPACT: None known. The proposed amendments will reduce staff administrative tasks currently associated with subdivision applications and is intended to encourage more open space protection through changes to administrative processes. This may result in more open space dedications that will need to be verified by staff on a regular schedule but open space maintenance and protection, in accordance with application approval, will ultimately be private financial responsibility. RECOMMENDATION(S): The Planning Director recommends the Board: 1. Review and discuss the proposed UDO text amendments; 2. Consider the Planning Director's recommendation; and 3. Make a recommendation to the BOCC on the Statement of Approval and Consistency (Attachment 2) and the draft Ordinance to amend the UDO (Attachment 1) in time for the July 9, 2026, BOCC meeting. Attachment 1 Ordinance # AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY Whereas, Orange County has initiated amendments to its Unified Development Ordinance (UDO) to modify language regarding subdivision administration and regulation standards; and Whereas, this amendment seeks to amend relevant language within Articles 2, 3, 7, and 10. These revisions seek to respond to Commissioner interest in clarifying the subdivision administration and review process, making regulated subdivision applications a staff- administered process rather than one requiring Planning Board and/or Commissioner approval, and to further encourage the use of the Flexible Development subdivision option that permanently protects open spaces; and Whereas, the Orange County Planning Board has recommended approval of the proposed text amendments; and Whereas, the County has held the required public hearing and found the proposed text amendments consistent with the goals and policies of the adopted 2030 Comprehensive Plan. Be it ordained by the Board of Commissioners of Orange County that the Unified Development Ordinance of Orange County is hereby amended as depicted in the attached pages; and Be it further ordained that this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of , 2026. I, Laura Jensen, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2026 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of , 2026. SEAL Clerk to the Board of Commissioners ARTICLE 2: PROCEDURES SECTION • 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 mad 9M R R R R f 44 R, 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[2] The PlaRRing Board approves the GGRGept Plan for a Major S6Ihd0vms6Pn 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: Procedures 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}LBLIn 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: Procedures 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 allowed as permitted by Section 7.3.1, and shall be permitted to be recorded according to phases_ {2}(i) Sub-phasing may not allow for proportional or partial provision of Performance Guarantees, as allowed by Section 2.27.1 (H) Zoning Atlas Designation Following approval of the Conditional District by the Board of County Commissioners, the subject property shall be identified on the Zoning Atlas by the appropriate district designation. (1) Alterations to an Approved Conditional District (1) Except as provided in Section 6.7.2 for MPD-CD projects, changes to approved plans and conditions of development shall be treated as changes to the zoning atlas and shall be processed as an amendment to such as contained in this Article. (2) The Planning Director may approve minor changes without going through the amendment process. The Planning Director, at his/her discretion, may elect not to allow any proposal as a minor change and will forward the detailed application for changes to the Planning Board and Board of County Commissioners for consideration in accordance with the procedures outlined herein. (3) A minor change is one that will not: (a) Alter the basic relationship of the proposed development to adjacent property.-; (b) Alter the approved land uses., 1 Clarifies that the phasing of by-right subdivisions and those approved through zoning is essentially the same. Currently,there is a higher burden of commitment on phasing for conditional zoning projects. Orange County, North Carolina—Unified Development Ordinance Page 2-31 Article 2: Procedures Section 2.10:Variances (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.- (4)(e) 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: (A) Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. z The intent is to allow for sub-phasing(e.g. 1A& 113) but NOT to allow for making a subsequent phase earlier(e.g. Phase 5 is now Phase 2),without re-review. Orange County, North Carolina—Unified Development Ordinance Page 2-32 Article 2: Procedures Section 2.13: Exempt Subdivisions (2) To request issuance of a subpoena, persons with standing as detailed under NCGS 160D-1402(c), shall make a written request to the chair explaining why it is necessary for certain witnesses or evidence to be compelled. The chair shall issue requested subpoenas in those cases where testimony or evidence is deemed to be relevant, reasonable in nature and scope, and not oppressive. (3) The chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the chair may be appealed to the full Board. (4) If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the Board of Adjustment, or the party seeking the subpoena, may apply to the General Court of Justice for an order requiring that its order be obeyed, and the Court will have jurisdiction to issue those orders after notice to all proper parties. (5) No testimony of any witness before the Board of Adjustment, pursuant to a subpoena issued in exercise of the power conferred by this subsection, may be used against the witness in any civil or criminal action, other than a prosecution for false swearing committed on the examination. (6) Anyone who, while under oath during a proceeding before the Board of Adjustment, willfully swears falsely, is guilty of a Class 1 misdemeanor. 2.12.4 Quorum and Vote Required (A) A quorum of the Board is necessary to conduct any business and shall consist of four members. (B) The affirmative vote of four of the members of the Board shall be necessary in order to effect any variation in this Ordinance. (C) A majority of the members shall be required to decide on the issuance of a Special Use Permit or an appeal application. 2.12.5 Notification of Board Action (A) Within five working days after Board action, the Planning Director shall have available in the Planning Department's office a notice of decision of the Board's action. (B) The Planning Director shall notify the parties to an application or appeal of the Board's disposition. This includes the applicant, the property owner if different from the applicant, or any individual who has submitted a written request for a copy prior to the date the decision becomes effective. This notice shall be made by registered or certified mail within five working days of the Board's actions. (C) The Planning Director shall keep a copy of the Board's action on file. 2.12.6 Notice Requirements for Matters Before the Board (A) Notice for Special Use Permit or Variance applications shall follow the process in Section 2.7.6 (B) In the case of an appeal of a Stop Work Order issued by the Planning Director, the Planning Director shall give written notice by certified mail to the property owner, and/or person(s) engaged in the alleged violation. Notification of adjacent property owners, posting of property, and publication of a hearing notice is not required. SECTION :D • 2.13.1 Generally (A) Application Requirements (1) Divisions of land that qualify for exemption from subdivision regulations under Orange County, North Carolina—Unified Development Ordinance Page 2-40 Article 2: Procedures Section 2.14: Minor Subdivisions Section 7.2.1 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 mylar of the plat for recordation. rin not nnnctiti Ito -A of bdivisinn ore found in Cor+inn 7.2.1. (B) QRe GGPYof the final mylor plot and tt.h�ree —per CGpies ef the-plat hall be submitted eii+h the request for o .dn+ormino+inn for rdivioinp (C) Exempt subdiVOSOGRS shall GGFFIPlY with all aPPIOGable RGR plat requirements ef this n rd'R 2.13.2 Review and Action PlanniRg DireGtGF shall make a determinatiGR ef the land diViSiGR's exempt eF RGRexempt (B) If the submitted plat meets the Subdivision Standards Exemption criteria of Article 7.1, the plat shall be approved and signed. The Planning Director shall notify the applicant of final plat approval or denial in writing.3If+ho Planning nircn+nr.dc+nrmipno that the pFepesed land division does n0t GE)nstitute a subdivision, the PlanR'Rg DiFeGtar shall Gertify the proposed land division as exempt and onr-.11 irliz thp plot notifying same (C) 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.4 SECTION • ' 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 mylar of the plat for recordation. (B) Review and Action (1) 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 writinq.5 (2) If the application is denied, the Planning Director shall provide written notification to the applicant detailing the reasons for denial as an expedited subdivisions 3 All subdivision approval/denial language should be consistent in UDO. 4 Rewritten for clarity. s All subdivision approval/denial language should be consistent in LIDO. e Addresses clarity and concision needs. Orange County, North Carolina—Unified Development Ordinance Page 2-41 Article 2: Procedures Section 2.14: Minor Subdivisions 2.14.2 Requlated 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, including Sections 2.2 and 7.13; and (ii) An electronic copy of the Preliminary Plat. (2) Preliminary Plat Review and Action (a) The DAC shall review the plat and associated materials for compliance with this Ordinance in addition to applicable local and State regulations. (b) A Neighborhood Information Meeting (NIM) NIM report and recording shall be provided to the Planning Director, as required by Section 2.14.2(B). (c) Upon receipt of the comments and recommendations from reviewers, the T 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 preliminary plat shall be considered denied unless the applicant responds with revisions within 60 calendar days of receiving comment. A new application is needed for any further land use changes to the subject property. (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. (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 Orange County, North Carolina—Unified Development Ordinance Page 2-42 Article 2: Procedures Section 2.14: Minor Subdivisions 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, including 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.? (2) Review and Action (a) The Planning Director 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 T 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.$ (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 mylar original of the Final Plat to the Planning Director for signature within one year of Final Plat approval. (i) The Planning Director may grant an extension of this time limit by one year from the original date of expiration if the applicant files an extension request.2 (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. Updated to reflect contemporary standards and expectations $Approval/denial language to be consistent throughout processes. s Provide consistency throughout UDO Orange County, North Carolina—Unified Development Ordinance Page 2-43 Article 2: Procedures Section 2.14: Minor Subdivisions 2.1 4 Review and DeGisien PrGGesses and Flow ChaFts \Subdivislons inor S,-hrdi,dsinn a plicatin shall adhere+n t#c�eeess detailed hereon. The Pre-application Meeting submitta nlican+ shall demonstrate ^ nuanceitional'"' ^"' of Concept Plan Application ,nii+h the rlevelnpmen+s+anrrarrls vieW) cnn+ained On 'Article 7 of this Re iew of Concept Plan Application by Or nge _. ".2 Types Review Development Advisory Com tee (A) Traditional QevTp nninnr si ihrti,iisinns +ha+rtn not N ighborhood Information eting qualify fnr Expedited Pe„i e,ei (Flexibl Development with mor than 5 lots) i�nrler Centinn 7-2--2- of+his Qrdrinance shall adhere to the ,sumcma.�, .�-ra�--�r�cr.�cv m�. +rarditinnal review nrncess Initiation o final Plat App cation Process cnw,prised of a Gencen+ Plan and Final Plat Applica+inn (B) Expedited Review Issuance of AReired of Completion of Subdivisions qualifying Septic&Well Final Plat F.,ne.ti+erd Pe„fie,., order Improvement ts Application& Cen+inn 7 ') 7 of+his (lrrlinannePermits ge, Survey shall reg�sire nnh, an appliGatiGn and plat fer re^^, Installati n of I uance of Req 'eel PS I 14 Expedited Oe.,ie.., Land aping Scho 1 Board (A) Review and ndd Anton 0) The-�Planning D-ireGtdr shall rle+ermine if+he plat d t rrnm application" Submittal of Final Plat cenfnrrn with the Application rent iirements of Section 7 2 2 of this Ordinance. Recordation of Plat and (2) Acornpleted Development Agreement at appkat'GR shall be Orange County Register of Deeds entered into the permit rem (3) The PlanningDireGtOr shall make a final determinationen theapproval or denial tit +h�npliGa#en w bue�cse�aays frrnnTm�thp s,ihmittal of the annlica+inn. /A\ if anpliGatinn •�annrn„� the Planning DireEtGFshall tiff,the annliedr n+ TT� 'mac-a�Tr rrvrr� pPTvc err '�-rr crtrrtvmy�'�c-a-pPrr 'T. (55)ithe application is denied the Planning Director shall issue a letter to the applicant detailing the reasons for denial and identifying modifications necessary for potential appro„al " io 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 2-44 Article 2: Procedures Section 2.14: Minor Subdivisions (B) Aotion Subsequent to Approval Minor Subdivisions �1) Theme Director shall 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�12 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 proposed su bdhdsien, ��of any ebvies changes required in order+e c phi with the p ensof this 9rdonanee, and the preced11res +e he fellewed in the Recordation of Plat at Orang preparation and sbmissien of the reneep+ 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 Ordlnance. (2) AggliGations shall irn�n indude /a����v�`` TwO espies oa-acme-SG led GonGept Plan drawn to the Spedfin�ns outlined- in Centien 7.14.1. /b�) A ViF.nnity i-rap-shcewinngg the IGGa e �+��hdiVisien ' elation +o+he .1QAQTVT.Z.T�TT�f1nTT Tvrrcozrrc existing street er highway system. (6)A se+ls Glass+f�Ea+ien map fer the property. /d\ +opegra phy map f the property (e) A map showing ea epv+ronmep#ally sensitive areas on the property (,� streams Inie+lands special flood hazard areas' ZeRiRg erlay districts 'conservation easeents \etc m /f,l)Fer hAinnr uiiirzingg the Flexible Development Option, a Plan illustrating proposed lots fnr residential use and Common Open space (Primary and secondary) as well as the treatment of passive and ac open space areas (e.g., natu,ra ndisfi shed areas trails, recreatioaMenal pities) T (B) Neighborhood Information Meeting for Minor Subdivisions utilizing the Flexible Development Option (1) A minor subdivision application Flexible Development Option shall 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.'y ale a address informatipn from QFange 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. 12 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 2-45 Article 2: Procedures 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 thete+aal 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,��,--�vlr�crrc-rrnvr,-m-rcrm�. PlanningDepartment lephon 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 purpose f the ri�� applicant to presentthe�- posed Gonvept planto" fpN" fp"ersen of in attend'urnrGe, +e aRswer estienc abeu t the n ed ubdiVision and to r en+s from n ghbering p peFty o s fer the purpese of impreVing the n sed subdiyisien design report of the Neighberheed Inform a#inn Meeting to the Planning department at least 1�4 days bef- e SElhmi##ing a Final Plat a pliGa#inn for the o11hdiViSien (aa) The-�"w�rritternrreport f t� meeting shall a list n�f trhrnngepersons and nrnani7atinns nnntanted about the meeting and the manner and date of G �tl�e--ti ne, 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 of the meeting (C) ReviPwf and Anton 0) Department r shall review the GenGept Plan fer general GeMpl:aRGe with the r eats of this ordinance (2) A GOMpleted GGRGept Plan appliGatieR shall be entered ORW the permit reGE)rd and plaged on the agenda of the next available meeting of the deyelepmen+ Advisew remmi+tee room /2�)-rhp DACqhall r iiitzmf the GonGeptPlan�ggeeneral compliance with established as nnmplianne with other applicable 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 shall eGeMMendat'0RvR te-the P';-;Pn!Rg DireGterro_regarding the application no later than five business days after the dAC meeting r5ThPlanning_vector shall make a final determination on the approval or denial of theappliGA-tiOn i.A.Whin five hi i6'Ress days from the submittal of the DAG recnmmendatlnn /R�)if the�nGa+i 1s a Pedtre Planning D'reGtGF shall issue aTetter�f approval ai ithoriZing the applicant+e begin the pFOGess of developing the Final Plat appliGatieenn ppaaGkage The GGRGept Plan shall for valid for one year from the date of appreva�. l7�)if the application is denied the Planning Director shall ssue a letter to the applicant detailing the reasons for denial and identify )ns n8GeE;E;ary 9 1A 5 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 2-46 Article 2: Procedures Section 2.14: Minor Subdivisions (A) App4iGation Requirements aGGGrdanGe MI. Faction 2.2 of this (lrrlinance (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 cn�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 pletien and/or m intenance of required # S de ent me rle h6lt ne+ he limiter! to �rn;�rever�en�s�ac�i�c�„� S-n�r`y� , private read maintenance agreement; aRY i Perfermanr•e (_��arantees fer required im ents• and g an+ee of installation of aRY required read s (d) A GOPY of the Plat rlina approval of the cr tE)Go i sedimentation and eres en duringnonstfwntion of ere. an Frns inn and CerJ invent a ti nn Ge-ntrnl Plan is reg sired it shall cnmply 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 Plat must he sinner) by the FYoslnn (`petrel Offiner nertifyinn that a plan o-�--uray`ricvv�zrrr�-rvavrr-vvrRrvrvrrrcc�--vcrmYT'��crruc-a-�aTT waiver has been appreved er the a nt of land disturbanEe enen the site 0S RGt subjest tG the prevTsiens Gf SeGtiGR 6.15 of this n neez.,;a (e)A statemeet deSsribing zn prepe �e pry e�etl�a ds Sed est envn=er,rRen+al� reSE)Urces identifier! in "AR IRVenton/of Cites of Cultural, Histeric Recreational Biological and !'_eelegical Significance in the I Ininnnrparaterl Pertiens of Orange County" and/or"Inventory of the Alert rol Areas and \A/ildlife H-;;hitats of Orange County North Garelina" 93 (B) Reviiew and A&t+on 0) The Planning DoFeGt()F shall determine Of the plat and appliGatien Gonform 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 Plat application and a ccnm po nyi pg maternal to other officials and agencies for review and comment l�h�-�peetent'a r1Ta�_reyie_oi'ewers_iinclude, but are not limiter) to: (aa) NC DOT-, /hamOrange County Schools, (G) Orange County Land Records, ("(e) QraRge GOUT y Environmental Health, (ff) Orange GOURty€msien Centre" (h�)Puhlin Utility Gempaniesan 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 2-47 Article 2: Procedures Section 2.14: Minor Subdivisions Orange Department� AfE+wvirenrnentr°gFOcalture,Parks and Recreation (DEAPR) 14 provisional switability, er unsuitability theproposal.l Re6nmmo nuns of the may he incnrpnrated�a ninon f opnrn�ioI of the subdivision. (5) The Planning rlirentc_)rq�holo�k ar--tion on an app"Gation solelyen hi-s/her findings as W G9MpiffianGe with appliGable regulations and A-end—itions and shall ether: (a) Approve the appliGation; or (b�) npproye the a pliGat,onn with rGe enS;15ef (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 Qrrdinance (7) The Ranging DireE�shall tify the liGant�-aGtie writing-. rr� �'rn-r�et�y�T,�-a ppR g (q nGtien Subsequent to Approval 0) Th2�Gant 1subm it a repror+,,cible mylar original of the Final Plat e Planning Direr--ter for enrinrsemen+vAthin one year of Final Plat apprGyal (2) The R lan�ninggDirireG++nr may grant n exterts+en�nf tThrtq-time I4mT it tn- ene year fr frern the original date of expiration if+he applina nt files an extension applica+inn in accerdance i.umth Centinn 2-.-2-. endorse a gal of the approved Final Plato a reprorl,,cihle mylar original after- all +h fi tine t„re�P heeR ebtaiRed. The RaRning DireetGr shall Wiper ce#;nca�s+gna� e� prepare the Declara+inn of Restrictions signatures have been obtained -nd- County°++) pleta—T#e applicant shall then make an appointment with the Planning Dire Gter to have the approved plat and any assedated rtnci,men+s necessary to ensure cn nfnrmance �n,ith regulations lationsFeGorded in +he Officer of stet of nee�s. The ^'c-approved w,n,-r"Jo,a-crvrT ra �mnc-c,�-r �r Iry plat and any assncia+erl dear. invents must he recorded within 90 days after the Planning Direntnr's endorsement of approval (o)The P!a„R'Rg-D;restershalll accompany the appliGan++g theRegtster Af Deeds Office to ensure the approved plat and any required dec,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. my or deer is as follows: (a\a) Approved plat (b)Road Ma'ntenance Agreement, if required required (c) Declaration of Restrictions (d)HemeeWRers/Proper#y Owners' AssoeiatiendoGLImentS, of required (6) if the approved plat is not recerded within specified tirRe peri d,the plat is veil 14 Language revised for clarity—DAC and its duties clarified in Article 1. "There are no grounds to impose conditions on a by-right subdivision. Orange County, North Carolina—Unified Development Ordinance Page 2-48 Article 2: Procedures Section 2.14: Minor Subdivisions (7�)The P DiFeGtGF may extend the deadline for FeGOrdatiOR provide appliGaRt Gan demonstrate gea'vatr effort io-GGRIpry-�,iv-itch the deadIiRn butyr masons beyond his/her nnntrol fails to moot the reo��irements for rennrdation VWtWn the spedfied period. /Q�)All final plats shall nnnform to dram4nn speGikati= and nertifinatinn renu kements for Cinal Plats nnntained in Qeotinn 7 1A Z of this Orr✓inanne (9) ReGOrdatmon of the approved final plat, and any required auxiliary d shall he wroth the ardvire and rnnsent of the Planning rlirentnr Orange County, North Carolina-Unified Development Ordinance Page 249 Article 2: Procedures 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 16 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 2-50 Article 2: Procedures Section 2.15: 17FMajor Subdivisions 2.15.1 Preliminary Plat (A) Application Requirements (1) Applications shall be submitted in accordance with this Ordinance, including 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) Ancillary 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 Procedures!' (1) The DAC shall review the plat and associated materials for compliance with this 17 Highly redundant requirement,as this is required by FEMA, NCDPS,and Orange County, per Article 6. 18 Redundant and unnecessary language Orange County, North Carolina—Unified Development Ordinance Page 2-51 Article 2: Procedures Section 2.15: 17FMajor Subdivisions Ordinance in addition to applicable local, State, and federal regulations. (2) 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. (a) The applicant shall respond with revisions within 60 calendar days of receiving comment or request an extension. (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.19 (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; 19 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 2-52 Article 2: Procedures Section 2.15: 17FMajor Subdivisions (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) A Preliminary Plat submitted for re-approval must be reviewed by the DAC prior to action by the Planning Director. (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 reguired.20 (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 determination that the amendment does not alter the original approval's commitments to subdivide land in relationship with surrounding properties, including the sequencing of infrastructure and amenities to serve future owners of the resulting lots. (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 Plat' (1) Prior to approval of a Final Plat, the subdivider shall have installed improvements required by this Ordinance or Board approval, including but not limited to: landscaping, roads, stormwater infrastructure, lighting. (2) In lieu of installing improvements, a subdivider may submit a Performance Guarantee to ensure installation of required elements for final platting, as provided in Section 2.27 of this Ordinance, and pending approval by Orange 20 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 2-53 Article 2: Procedures Section 2.15: 17FMajor Subdivisions County. (B) Application Requirements (1) The subdivider shall submit an application in accordance with this Ordinance, including (a) The requirements of Section 2.2; (b) The requirements of Section 7.13, (c) One electronic copy of the Final Plat; (d) The requirements of Article 6, including, but not limited to, a Landscaping Plan and Stormwater Management Plan; and (e) Required ancillary documents prepared in accordance with Article 7 of this Ordinance. (2) Any necessary Performance Guarantees, as determined by Orange County. (C) Review and Approval Procedures (1) The Planning Director shall determine if the application is complete, 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 that 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 an additional 90 calendar days from the original date of expiration upon a request by the applicant that they are unable to meet the deadline due to demonstrated causes such as weather conditions, financial impacts, or permitting delays with external agencies, and provide evidence that such causes are beyond the applicant's control. (2) If the applicant proposes to amend the approved Preliminary Plat, the Planning Director shall determine if the amendment is minor, as defined herein, and requires only a Final Plat revision, or is a major amendment and requires a new preliminary plat application.22 (a) A change shall 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 zz 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 2-54 Article 2: Procedures Section 2.15: 17FMajor Subdivisions 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. 2151 RAWPIM and DanagC".�vrnr�P-rrnvna$SS FIMM Chart 2.15.2 r-nnGep P4ar'23 (A) Pre Applisatien Review aGGeptable subdivision proposals, ezanh subdivid ii- aged to rneet with the Planning Department staff prier to submitting an app!'Gat'()R fGr GGnGept Plan approval. The purpose of this infb-nm-al meeting is to introdUGe the appliGant to the provisions of this n Yltlnanr.e any- disnuss his/her obientives in relation thereto (13)Qn-Sote Vmsm1E24 0) Pr�esubmiss ey a Genre t Plan IiGatien the ppliGnn.+t .alp ulne a lT� �rT-'rnraPnPrT ,rrvrr�c'apP'T Srh SF.I'}Gd mutually Genvenient time to walk the preperty with them Directer. The purpose of this visit is to familiarize the Planning Direeter with then perhy's spedal features, Rd ten vide a informal o nerfi UnitY to efter guidanoe to the plisant regarding the tentative Ior.atien of Senendary Qpen Spase Areas potential welling Ieoatiens nrl petential street alignments �.D (2) Prin�vr-to-S6rh-red"WiRgg the-nvrnr-site visit, the appliGant shall have prepared the Analysis Map a Fequired in Section 7 9`2 ��2(Al/Z\ and shall submit the Site yi Analysis Map to the Planning D0reetor hen the nn_s ite visit is soh eduled. /R�)if th,-Q visit is SGheduied -h re hmit#al of the f`nnGept P T (C) Application Requirements 0) Applications shall be submitted on forms provided by the Planning Department accordance with Seabee 2.2 of th's Ordnance (2) Applications-sh lull income: (a\ 11n Orange County Geogr phir Inform atien Systems (GIS\ Map showing �u�.c��Orange r9vvvcn County `� .rCvTv/-rvTc`lT n the lecatinof the parcel to be s"h�r (b) 25Gpic f a GenGept Plan of the proposed major subdivision prepared in aoozr GOrdanGe with the spenifioations for GOnoept Plan drawings as centamned inrSoerfinain 712-. \ of this A Goneept Plan shall thp- following: A Site Analysis Man AveenVentinnal DeyelopmeRtOption; and A Flexible Development Option 23 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 2-55 Article 2: Procedures Section 2.15: 17FMajor Subdivisions !Z\ IR lieu f at�ree r+Geneepf-PIon one Gen eelt Ran may be submitted Of the plicant is eking a gal only of a Flexible Develepment Plan Theo plicant may also combine the Site Analysis Map and the Flexible DeyelopmenI Q. inn into a single an, provided the information required in Cectien 7 1Z 2(A) is displayed in a nlear and legible form If an applicant chooses this option he/she shall comply with the previsions for determining density contained in Qentinn 7.1' (4) A cow of the impact's of Flexible Development Option to those that i.gou Jd result from the (`nnyentinnal Development Option. in Rention 7 17 Q/R\ (6) Number 10 (business)sized envelopes�Afmth forcSt pestage affixed addressed to each owner of property in 1 Q-0 fee+of the p ner+y p ed +e he ubdoy0ded Then nr- d adresse of preperty aWRers shall he based on the cUrrent listing a shOWR in the Orange County Land Recerds System (D) Neig"hnrhnad Information RrMeeUng 0) As a onent of a Geneen+ Plan appppliGa+ion the applinant T�nedi ll ee as `•, address information from Grange ('minty Land RecnYds data and mail notines of the meeting to each ewner of preperty wi+hip e e theusapd feet of the n erty prepesed te be subdivided. (2) NGtiGes of the Imo;Prshal�.11 be mailed by;lrsf Glass mail at easf 1�4 days he date of the meeting /4\ li + II la the ff di tins the+e+al �� a-a�Rea„r a.r-p.�ee�s�gn�-anesf �Per#�=;,,aTea���� numhe-r of lnoti proposed, he�e_tome, and- l non--ation E)f the NIM; and the Planning Departmenttelephone number. The sign shall be poosted�nn thie affected property at least 14 days prior to the N1M. The I1rshall be held a minim-Um of 14 days prior to the Planning Board meeting at which the concept plan is Scheduled to he reviewed. (4) The purpose iAI I� r the appli an++�esent the tPllaarn tG tg re iye comments from neighboring property owners for the purpose of I mprg\/Ipg the proposed subdivision design report of the Neighborhood Information Meeting to the Planning department at least 14 days before submitting the Preliminary Plot (a) The written report of he Meeting shal�Gludelmst onhsse persons and n roan izatinns nnntacted about the meeting and the manner and date of F.rin- ;;nt- ti t-tme,date and Innatinn of the meeting; a rester of the persons in attendance at the meeting•' a su rnmary of issi ies dlscl�ssed at the meeting; and a desnriptien of any changes to the application made by the a plicant as a re;--It of the meeting (€)ol�i^9 Director Review Procedures (1) The Planning Directorm . shal�epareF�_e and submit a recnmmenda+inn tg+he Planning Board which shall include the fnllnWipg• (a) A written analysis of the Concept Co�_�Goncept Plan; (b The Concept Pi_Pa�_ s pa lran' general compliance with the requirements ements of_+ihis one Comprehensive, theo n Plan and other applicable codes and ordinances; and Orange County, North Carolina—Unified Development Ordinance Page 2-56 Article 2: Procedures Section 2.15: 17FMajor Subdivisions (s) The GGMrneRtS of ReighbeFing property GWReFS expressed at the Aleighberheed Inferma+ien Meeting Id`F) WhiGh Development Option B.nQed- fnr tQvp � Preliminary Plat nrncessing (2) The Planning DirPr_tnrshall be owed t defer theapp"Gationand recommendation for one meeting hevnnd the Planning Board meeting at whinh the application to he heard l Circe lanning Board Review edges Beard shall c cider the f gnGen+ DIo and take aGtion OR the proposals. I g Beard II ha is + ding s to the nfermity of r� Tie-f'�n��s�i�..,-,��se�z�stic��R ;,;�,g:r-a��ee � then als with all applicable r u latiens and shall: (a) Appreve e Development Optie /h�)Appre„e a Deb/elGpM8RtrvPtiGR suvJeGt to Gendi�ns; er (s)Deny the eDevel e prmen terns (3) The Planning Rnard ?halte n-.n inh Ether the development should nrnneed as as Conventional Development Option or as a Flexible Development Qp+inn (aa) if that dote approves the Development Option rresornmended by the Planning Director, the vote by the Planning Board is the final denis inn nn v.fhe+her the development proceeds as a Conventional Development Option or as a Flexible Development Option /h�)if the Planning Beard „e+e is etherthan o appreving the Development Plan Option r ended by the Planning Directer, the appli a+ien shall he fepyarded to the Beard of Cep inty remmissioners fer a decisien o whether the development shall n eed a a Cenyen+innal Deyelepmen+ Qptien o as a Flexible Development Op+inn (A�)if the Planning Beard approves a Development-Option satjest tO eondit+ens SuGh conditions shall he reasonable and shall seek to ens ire nnmplianne with appliGable regulations. (5) if the Planning Board denies both Development nr-�ption.6, the_reason r the denial shall he stated in writing to the applinant and entered into the minutes of the meeting at which sUch action was taken (6) if the Planning Board fails to take action within two regularly scheduled meetwRgS, or extension thereof to a date certa'n 'f such extension is agreed to by the applicant the application shall he forwarded to the Board of County mm Co 'ss 'oners with the Planning Board minutes and the Planning Director's recommendation (G) Actions Subsequent to Approval 0) Ida GeRGe t Plan Deyelopmep+np+inn i approved or appreyed with d rEen +iens the Planning Rnard Chair shall endorse the approval on three c pies of the approved Development Option. TwE)GOpiesrorthe approved Development Option shall he retained by the Planning Department and one cnpv shall he returned to the subdivider or his/her a-Wherized agent. One c of+he unapproved Development Option shall he retained by the Planning department for mttsi lees. The unapproved Development Option shallFrl be stamped "NOT (2) Upon of a Concept Plan Development Option by the Planning Board the subdivider may then proceed with the preparation of a Preliminary Plat that is consistent wroth the approved Concept Pori Orange County, North Carolina—Unified Development Ordinance Page 2-57 Article 2: Procedures Section 2.15: 17FMajor Subdivisions (3) The appliGR.+rshollhaveye-arsfrnm +hn date of approval of the GGRGept Plan Deyelepmen+fln+ion by the Planning Board top nrl file -A.n plica+ion for Preliminary Plat approval If a Preliminary Plat for si ibdivisiop has pot boon mitred �nyithin +he spenified time limit the Goncept Plan Development Option shall become nu dl and vnid 7 15 4 Preliminary Plat (A) Generally Preliminary Plats except and to the extent that annlinahle Unified Development (2) The appliGant of a major subdivision may r__hoese to veSt the Preliminary Plat fe a longer time p ed than is a+herwise provided by this Section If the applicant w shes tee a this eptien the application a yal n cede gyres in Cer-+ien 7 F 5 shall apphy (B) Appllsaflon Regalremenfs25 Fer every subdivismen within the territGrial jurisdiGtien established by Mode 1 ef this t.YrdiRaRGe, and which .Dees not qualify fer exempt er miner ubdiyision appre yal PrOGedures, the subdivid-e.r shall submit a Preliminary Plat whiGh shall be reviewed by the Planning Board and approved by the Reard of!•`nmmissinners before any site dietwrbance, cnnstrUntinn or installation of improvements may begin ! ) Applinatio e_shall eebmitied on�ms provided by the Planning Department annnrdanne I.yi+h Con+inp ') (1 7 of this rrJinanne "h' (2)AppliGatiens shallhall%e Major� siorrGheslF1'sf ferm as preSGribed by thew Department• T (b\ f the Plat f the bdiVi d r�� c�;�?-;�-�,T T y ter«-propose s�, s�orrprep�r�,-1,T accordance wroth Cectien 7 1i1 r)/R\ of+his ordinance• (c) th A,in Orange gl_rangy�`. my Tax rr wing the locationzrv -of the are_pc�rcel_to be subdivided; County (dd) A opy�rte Preliminary Plat indicating the Health Department's sori8 analysis appre-yal/denial for each In+shown thereon; (e)A wntten cement by the appneant er g./her authorized representative yihigh sets forth the iUs+ifica+inn for a private read if applicable; (f) Auxiliary do t n draft form prepared 'n a clan with ArtiGle 7 �� oc�l s� ep�ed�„-aese;�rTEe�m r�-r of th's Ordinance which ensure completion and/or maintenance of ♦ . vernents-reg' ir�arredd_b this rdinance, including, but not limited to: N private road maintenance agreement, er hemeown 's association articles of incorporation and homeowner's association restrictive covenants- (g) A stateement describing the methods methoda sed to protect_.enyirennmentaar resources 'dentifed 'n "An Inventory of Cites of Cultural, I-I'ster'r Pecrea+ienal Biological and Geelegical Significance in the (hh) An Orange County Clendplain DeVelopmepTPermit, ipl.Gaharle. zs 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 2-58 Article 2: Procedures Section 2.15: 17FMajor Subdivisions (C) Planning erector Review Procedures r \ �p�ese tanGe�f a preliminary lat a p�liEatien, the�Iannong norestoF shall determine if the plat and application nnnferm I..fith all applicable regulatinns Ses#inn ') 27 of#his Ordinance shall he submitted by the Planning nirenter to a mr� �rcrrrvvramarrv�.�r�t�n--yr.�cn.�rrrrazcv�z�m�—o�rcvcvrcv the County Attorney for revieiv and rennm mender#inn (3) pan re6 eetee DreamPlat annlinotinn the Planning niree#rod shall submit GGpies of the Preliminary Plat and a aGGE)mpaRyRg material to the fnllnWong Officials and a s fnr reviewand c en+• /a\ Di f theN.G. n rtm + f Tran rta+inn tO reVi ��T�ic�str�c� €n�:,�ee�-�T� Qe�er�ee�r<s �-r prepesed public streets, highways drainage sy /b\ grange f n� Rty Health n r+m +#n + ��T�i:�����ea,�,--�eper�en�-revTeosed�si#c�i�er supply and sewage disposal systems; /c�)The Rn�nofrE-4-1Fr--atinn of the appropriate nnl diet�+ttoTeyiew the resenia#inn of proposed schnnl si+es and the impact of the proposed i ubelMsion cm snhonl a rellment capacities• (dd) The Oro�nge County E esionn Control (1�rto revmPIM the Erosion and Sedimentation Gontrnl Plan 11 Aanagemen# Plan• (e) The n� age County Department o Environment Darks a�DeGreat on .�to r the Inca#ien `suitability and fadities n sed fer required recrea#inn areas and to reviewi histnrig and er cu It Ural r /f') The QraRge GGURtyCIeedplain d Ministra�TevieW GeMppdrt"a RGe with Special Cleed Hazard Area r ula+iens• (g) The RaRRORg Department and/er Planning Beard of the a iate mL inininality where a cnurF 4ced- ire has been established by agFeeMeRt hetyieen the County and the munidpalifir /h) Theappropriate i itility provider when p�i YY �mmu ;ter^'�ndrvr sanitary 6ewerage systems areas'se`""d to 6eNe the subdivision; The Orange Soo! and IN-ater oistFiGt tO review a general soils descrip#inn and interpretation; and The GGU„ty-^t�n.ey to nevi the format and a iatepass-0f prepesed restrictive covenants' homeowners association agreements r! ma intenance agreements Performance Guarantees and other similar docu rnents (4) The re�ii�_o.agora�nierssesignate��ea_in_C3shall review the Dr t aa Preliminary Plat shall prn�iv.o.ide a a report to the Planning Director on the basis f the suitability, provisional suitability, or unsuitability of the proposal (5))Where itms determoned that a'lternat+ve measures are required�Qer for the prreeppesal to be fled as "suitable," a cei ifrctltl8rrA-f"provisionally suitable' shall h approval is withheld on this ha the er y..,--,�e�ded. ev�ea4er-appr�rr�� ,��s+s� �-ev���r shall identifii the reasons fnr sUch class ofoca#inn and recommend measures reGeMmeed and the Beard of Gee Rty GOmmieeeneer may appreve, identified measures as conditions of approval of the Preliminary Plat•u provided however, the recommending reviewer has the a thirty to enforce s measures.such measres � (6) Where no alternataves are ava'lable to address the concerns of the Elassofmcat'non_o. _a.�nf" �nsuota�.�able" shall be e_provided. The reviewershall provide a�list of the reasons wh'ch resulted 'n such designation Orange County, North Carolina—Unified Development Ordinance Page 2-59 Article 2: Procedures Section 2.15: 17FMajor Subdivisions r7) I.,en FeGempt E)f the-Gernmrrents and reGGFR reF d--At0A-.ngfrA-rn reviewers,, the Planning --'renter shall submit to the Planpipg Beard- a writ+ono alysis of the plinatiop apol his/her re epola+inn (8) The Planning DireEtGrshollhb permitted +n�rthe appliGation and m d- rennmena+inn fnr one meeting beyond the Planning Board meeting at whinh the applinatinn is sashed--sled- to he hears+ (D) Planning Board! Review ed{--resM 0) The Planning Rnarr- chill review the applination and- the Planning DireetroF'e report at a regularly sashed-uled meeting apd- shall prepare written renemmepdtatlen to the Beard- of Geun+v(`nmmissiopers (2) All interested PeFSORS shall be given the OPPEWWRity tE) speak and ask queStMeRs regarrvmg the-ca ppnp"GatiOR at the meetl„gThe Ragging Beard may plaGe reasonable and!fair limitations o ents eats and- g estions tea eid- (3) The Planning Rnard- chill take ad•tinn on the appkatiieR solely on irtsfin�gs e i m+nplianne with applinable regulationsand- d•nndlitinns and- shall renommend: (a) approval of the appliGation; (bb) approval vVith d•nndlitione; or (G) denial of the applinatinn meetings, er extensiop+hereof, if agreed! to by the a plinan+, the applinatien shall he d- fepyared- to the Beard! of Gee inty Gemmissioners with the Planning Beard- minutes nd- the Planning Direntor's r endlatinn and any endlitiens (5 ) if tnePlanning Beard a es the appliGatien withrGendlir�TS, SaGh GGndlir ieRS shall her able apd- shall seek teeRSUre plianne with a plinable regulatinns and the prevision of-itilities and-/nr other fardlities needled- to sense the proposed development. /R�)if the lanning Board- FeGGMmends appreval with Genditions, the applioad nay amend- his/her a plination to nnnfnrm to all nr some of the nnnd-itiens provided the Planning --iron+or r s the amended- applinatinn fnr d•nm plunge with applinable regulations and nertifies that the amend-menu nnnfnrm to the seRditions of the RaMiRg Bid-reeennMepdRtiAA IR ash-eases, the Planning Director may amend his/her report to conform to a all of the Planning ard's_recornmepd-aaat.mo�inna. The lannning v-rector shall then forward h 4her report and the Planning Board's recommendation to the Board- of County Gomm'ssbners for nons'd-oration at its next ava'lable business meet p (7) The Planning Board shall also make a recommendation regarding a Resolution of Approval. The Resolution of Approval shall Gen+aain iteMS GR whTihiGhGlarityand d+ree+inn to the appliEantrr<andler developer may be necessary. These items 0nd �d e but are not limited- e--. n-ra�� -arc��vc-rn�-rrccaz� (aa) Sewage disposal issues, (bib) ReadsYannd-aGGess ------- (G) Landse iuf#erls and la;assap'R- le (d ) ra nage�es{a� ze 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 2-60 Article 2: Procedures Section 2.15: 17FMajor Subdivisions (e) Parkland and resreatien issues,and (ff) Other en�i-rental Issues: (c) ovwrw of County Review and Approval Rresed-uCes 27 — /�1\ The Beard of County y Gemmisso.ners shallTenePethe Planning D*F8Gtt0r'6-repoorrt and- an the Planning Board's r..onn mm r+_on +inn "Y (2) Preliminary D pI Cations shall e plaeed -on -A _Reard of GGUnty ('ommissionerS husiness meeting agenda %vithin 90 days of the Planning Board Kenommenrtation The Beard of County y Commissioners shall ogtunon the appliGat191 `tea reasonable o nt of time. deli3e "Fu bRs and oohs irdera+inn of the applioa+ion the Beard of f e��n�ty f A-Mmissieners may r�nli irle the r s for the need fer ardrdi+inal a alysis anrd review. (3) All interested peFSORS shall be given the GPPGFtURitY W speak and ask queStOGRS regardiRg thhee_ appear+ion-a+ i��h� sfr�ss�eefin^. The Rnord of fey �- Gommicsigners may plaoe r able -and- fair limi+atienS an GGM ants aFgammee ruts andcetioe6 t avoid- undue delay. Beard of Corn Shall base its aotion on its findings of nnnformity with all app"Gahle regulations and shall: (a) Approve the appliGation; /h�\�Approve s or (G) Deny theT' app"GatiGn /A�)if the Bearrd of CG Rt y Gemmis�ner esthee appliGatien withrGeRdi�ns, USh Son.+i+iens shall her able and shall seek teensure plianSe w0th +e s e the n erd rdeyelepment (5 ) if the Beard of CG Rt y remmig�ner approves the apnnpliGa rGGRdi�ns Errde-Ries; the-applliGationrr he reasens; for-eur__h ve6rsinanrc4i'arrall be statedOn writing to the a pliGant anrd enterer) Onto the minutes of the meeting at whiGh si soh aotion waSetakeeR. (6) The Ream) of GG Rt y rnmmiSSOG rSshhall�also take ornp the esA_.II_,tiA_.n no.fr (F))AGfiens Subsequent 0) l I.,nn gal of the PFel4I'Rary Plat by Beard of County(`nmmiSSOGRe s, thp si 1b�oiderr ma�y�ceed with the preparation of the Final Plat and the in.stallatinn of or arrangement for required improvements in accordance with the approved Preliminary Plat and the requirements of this Ordinance. (2)if the appkatnp i rrnyerd or approved with conditions, the Planning Director P. PlIGable development permits required to construct, install, and use i mprevemen+s a yerd as part of the Preliminary Plat approval. !Z\� No buildingpermits shall he�issued to develop any lot or pwreel shown the approver) Preliminary Plat unto! a Final Plat showing sUgh In+or paroel is approved and r orrderd in oomplianoe with Ceotion 2 1 G A !A\ if applies t proposes substantially amend o me dif y hisi Yer appliGati#ien� �� 'mac-a�Tr 'Tc-pTvpv � al�rrrnTy--aT'� a-vr�rtvarry-�� -ca-pprr PFel!M!Rary Plat after the BA-ard Of GA-1-IRty COMM 0660 GAG.FG; have has appFeved V - " ' y Plat, the appimcant shall submit an amended application for review pl'nation 27 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: Procedures Section 2.15: 17FMajor Subdivisions (5) The apprcwal of a Dr Plat II he ert f one y from eli r ,��sh�� esi:ive��,=-�pe�i�--��ea;�„� the date of approval by+he Roars-! of f o Unfit'f nmmissonef6. By the end of said time perinyl approval of the Final Plat must have been obtained from the Planning D*rectnr, although the plat need- not have been record+ert in the Office of the Register of Deeds (6) y plat or portion there-ofnnot T8+�final plat annreyal i.yi}��het�ppprio set forth in (5) �a�.,b,.�o��v��e shall he ni 1II"a�invoid evr+eeppt under t�..rhre fnlloiNing nn"nhdiit�ion`: (aa) The slurfiy-�lslennsv -h-Uil�rc in or phases, and a-prhrc sing plan9- as approved as part of the Preliminary Plat-, (bb) The perled between the appreval .date of+he Preliminary Plat acid the appresal mate of+he Final Plat for+he first phase .Does note eed o d (6) The peried between the approval .date of the Final Plat of the first phase acid the approval date(s) of the Final PI-at(s) of any subsequent phase(s) does not exceed +he time limits spenified in the phasing plan of the Preliminary Plat. if no phasing plans is indiovc ted, then the between Final Plat approvals shall not exceed- six months l7) if a phasing pla nonsteun+in the -subdivision iisaroved, the evpizT�rarrat�on rta+e of the Preliminary Plat shall he governed by the time perinrt/s\ approved as part of the phasing plan CGT miniet-r.at-mire_Re-Approval 0) The Bannng i DoFeE .,ithin �ear�c e*piratien of a Preliminary T� �r tar-R,a� Plat r approve the expired Preliminary Plato per+ions +hereef, as long as the subdiViSiOR design and GGRditiens of approval are on GerripliaFlGe with subdivisieR re_approval, and any changes to the original design or r+nnrt i+inns of approval are cnnsirterey-1 minor (2) A Ghange may be GGnsidered a inGF Ghange if i�esN QT involve any of the following: (aa) Any change on aonditinn of approval; (b)Aly Ttt -O,� - r Grease on the `nay,:l er of building Inds proposed; /n�)ARY eebs+an+ia ge !R the location of or any decrease in the amount of eppen , spa h i#e a reserved for (d) ARYs ehstan+ia ge R pedestrian and/or vehicular access r circa Ala+ion inGli ding rear) classification; (e) ARY Ghange n�the-preV��;en-afse+v;Ges 66Ish-as-water supply and wastewater disposal; and/or (ff) Any substantial change onn the location e 6itilities coF A-ther eaSernents. required fer cwiginal preliminary plat approval. (4) ifII ehangesfrroomT original approval are Fens+dered�r-Ghanges, the PlanniRg D-rreGtgr may re-approve the preliminary plat. The re_approval shall stated ip a format which substantially conforms to the Resolution of Approval adopted by the Board of County Commissioners when apprrnn ng a preliminary plat- Orange County, North Carolina-Unified Development Ordinance Page 2-62 Article 2: Procedures Section 2.15: 17FMajor Subdivisions /C�)QR Ristraatrce-re_approval may he approved for-any subdivision. ifa re-'cappreyed Preliminary Plat expires, the subdivider shall be required to resubmit a neiv Prelims nap, Plat for the be ��,e trout nr portion thereof for hinh approval has expired. The new plat shall e�eet to all applinahle regulations in existen-ge- at the time of resubmittal (H) Amended Phasing Plan 0) The development phasing plan approved as part of the Preliminary Pat (hereafter"the phasing plan") may he amended by the Beard- of County GA-Mma.ssn- rsupn�n app ppliGatin� the su bdiyirter (2) IR determini;g whether to appreve aR mended phasing plan, of County rnmmissinners shall a cider• (ter) Whether a al of other diligently-pursued regulaa eryrequirerneRtS GaR he obtained hefere the expiration of the time p eds established in the phasing plan; prrusrr�-pram (bb) The quality of and length nf�tirn ee of the experienrUe offt the subdivider n managing development prnieets• (E) Wheett�her�e.rs ether than market send%nons and beyond theGontr�e the. oauseod-cdelay Ona-ameeting the phasing r (dam) Whether the development pre eGt, if GOmpleted sEstent�n,it the approved Preliminary Plat will and or meet an important publin poliov goal established by the Beard of County('ommissieners• (e) Whether the app:Teatien fer a mended phas+ng plan was submitted hefere the p .sly a ,ed time limit(s) lapsed; (f) The ss`bility f and pra�Gality f the subdivider deer d �� e� �-;ter-Qaaa--p,� a.ay-erzaa� er�Qeveloper completing the development p eet a istent with Orange Gee inty regulatiMs a plieable if the phasing plan amendment is net granter; apd (g) Whether the tome by whiGh must be GGmpreted er would he extended by the revised phasing plan G1 the _;;P_tn_rs listed above the Roam! of County Commissioners may, in its d�SGretn in and for good Cause shown, grant the amendment to the phasing plan manger the pUblie's g ral health safety and welfare /A)if the Board of County Commissioner approves an amendment tz_oo_��thee phasing Nplan it may requi.eg ire reasonable additional conditions of approval of the unapproved final plat(s). 2 45 A Final Plat z. (A) Prier te approval of a Final Plat, the subdivider shall have installed the improvements F,PGG!f*ed !R this Ordinance or guaranteed their installation as provided in Section 2.27 C) this Ordinance (B) No Fonal Plat will be aGGGpted for review by the Planning DireGtoF 61RIess aGGE)mpanied by written deep�mentatien ackpewledging cnrppliance with the impreyemept and Ps�or�Rss r'_u tee standards of Reaction 9.77 of this Ordinance (C) The-Final Plat shall sB st+te-te only that--pertiep of ths�r Preliminary Plat hiGh the 1TTarTfaf L(TT- noRioTrVr�TT T �AL�PrfT TfTG subdivider prepc)ses to reGerd and develop at that torne. R_,_-r_-.h pertieR shall Genferm to all re . sire meets of this Qrdipance (D) Application Requirements Orange County, North Carolina-Unified Development Ordinance Page 2-63 Article 2: Procedures Section 2.15: 17FMajor Subdivisions aGGGrdaRGe yVmth Sec+ien 7 7 of this; nrdinanne (2) AppliGatiens shall lose y� (a) 'ye nnnie6ofthe Finalr+a prepared in annnrnne,A,i h SeGtien 7 14.3 of this rrtinanne• and (b�))Auxiliary rinnUments in find form prepared in annnrrtanne%vi+h Artinle 7 of this Ordinance whinh ens ire nmm�leYo+inn �nrl/nr m�inton�nno of n rn" n.tts required by this QrdinanGe, ind but ding bt not limited tn: private read m nteRance agreement, erty a a+inn ar+ocles of in ra+ian Rd n ert y a a+ien res+rip+ive GGyenants and aRY red Perform a G rorantees (3) The Plat of+he �h���ner any pnr+iA-n +hP_R8A_Tshall he submitted net mere than An, after the date OR rn,hinh the Preliminary Plat rnas yerl un ss the subdiVisian is being developed on nrdanne with a approved phasing plan under Sec+ien 7.3. (4) f a Ci�l Dlat0s;not Wit rtp- tome p�d Spedfied in (3) +hoc PreliminaryPlat approval sh ,-II and void The 1;1 lhrlividpr shall he rentDired to resu bruit a nerN Preliminary Plat application for the trap+or pertinn thereof for rer,iern,as a new application 0) Upen-aeseptanGe of a Final Plat appliGatien, the P Dire6i:Or-Shun determine of the plat an.+ application nonfarm with all applicable r ula+inns incl ding any plicahle GGRdi+ions of a ,ed Genditienal nos+rip+ (2) Auxiliary dOGUments as required by Mode 7 shall be submitted by the Planning Aires+or+o the GG Rty Attorney for review and r enda+ien (3) pan reGeipt� of thGeT�+nm aa�� f the County Attorney, Dl n� —Doren-ter shall tale action on an application solely on findings of nnnformity with all applinahle regulations and shall: (a) Approve the appliGation; /h�\ Approve with GORdi�TS-0r (G) Deny herre application.. regulations. `5) if the Planning Director approves he application with conditions or ae_nieeniesthhe application the reasons for such decision shall he stated in writing to the applicant. (F)Actions Subsequent to Approval 0) if appliGa� s a ed or apprev� �� r�ne the appli�n�shall 1T� TT�PPTT PP'�P �� �PPTT submit a reprerL Inihle mylar original of the Canal Plat to the Planning Direntar fer endorsement within one year of Final Plat approval (2) The RaRR'ng DiFeGter shall obtain all required SigRatures and shall endeFse approval of the vent Canal Plat on the repred ic'ble mylar original after all other certification signatures have been obtained The Planning director shall prepare the Declaration of Restrictions. Orange County, North Carolina—Unified Development Ordinance Page 2-64 Article 2: Procedures Section 2.16: Subdivisions in the Economic Development, Commercial, and/or commercial-Industrial NodesReserved30F fi,ro h Main and GGURty A++emey I s+g„�� �„e-,�eefa�T ���review OS The appligant shall then make an appointment with the Planning D*regtnr to have the approved plat and any ass dder__-_,�'e'n't's neGessary to ensure GonformanGe �4thzh r�ala�atioons--reroord-ed in +he Offire of the Register of Deeds. The er.-cmn n�rrceved plat and any assoria+erJ rtogUmen+s must he rennrr•IerJ within 90 ,Jays after the Planning DIrerter's endorsement of approval (4) The Planning rlirP_r__tror shell aognmpany the appliGant to the Register of Deeds !l#ige+o e e the a ed plot and aRy red dGG Uments a girded in the g eo+order and +o fill in the heel and page referenges where a pligahle + shall h h n the d they to h � deed � der�8 Doc�„�en�s-.�h�..,--ae nt;,;,,�ered�Qer��,�e�-ese;� ;tea as fellows:(a) Annre"ed plat, /h\ d Main+ + 'f required���oaa-ro.�,,,�ea�ee�ee�en,��,a.r (G) Deslarat'GR of Restric#fcRS, (r ) Her„-7eowners/Preper+y QWRers'Asseciation r•Inni 1menta, if required, and (e) Any other assec�ated ou t /G�)if the Final Plat is AP-t recorded wi�rithiRhin the Spe+imied time period, the Final Plat void. (6) The Planning DffireGtOF may tixtented the deadline for reF.errdaation, 'rr-prvyiaed the appliGart GaR derneernstra+e a geed faith eff rt tG GG;,PlY with the dead"Re,but for reasons heyend his/her Gentrol foils to meet the r en+s for re ordatien within the s gified p ed � vri (7) Final Pla+ r II reform +e drawing +inns d fi +ion � ��s- ;wee spas ea��-uf,�ee#;neap requirements fer Final Plats gontained in Seg+ien 7 14 3 of this Qrdinange (8) of the approved final plat, and any requiFed auxiliary dOGUMeRtat'OR shall he w0th the advise and nnnsent of the Planning D'Fen+or 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. SECTION Nodes s mdentified in the Gemprehensiye Plan shall submit an appliga+ion in aGGE)Fdange with FeqLJ en+s s 6fied in Seg+ion 2.1 G 4/R\ 28 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 2-65 Article 2: Procedures Section 2.17: Vacation of Recorded Plats and Road Abandonment (D) All reads 'R the Ned-es identified OR (A) abeve are required to be publiG and GE)RStF61Gted te nlorth Carolina Department A-f TrAR-sper+o+iOR standords (E) FiRal plat approvals shall fellow the final plat approval PFGGedlurecs on Ser.tieR 2.15.4. /C,1�Additional Req sir ntts fo-rrillsberou7gh iGGAnmir rlo-iolnnmon+ Di�-i�� 0) I.A.-hen rnnrl itinnal Dis"�" reze ing peti+icry ris-a- d,, and the traGt tha+c-is sub}es+rof said FcZp�sprropoosed to be s ubd—kir-ed- all Provisions of 4r+inlo 7 shall he co+isfied .�rraa -�.�.�ana,-ri.�. (ate) The appliGant mayhtain approval of+he a � ernrs4nartaneoF`�y ,nn+hl the gal of the -aZ �f SUAGOee+ i�nfo�rmA�n (i.e. let lino I�,'+ o�� �� etc--Is-shE)Wn-oOR the site plan ., at o later tome_ (b) The_subdovoe'en ehallllbe_Gen f the sistef�+with the terms approved Genditional Distrint petitien (G) if the approved CORdi+i al DistFiGt reZsoiRg petit'E)R establishes density, flee area,impefvees sunaee er similar limi+a+i ns n the+raGt+ham+ rezor+ed 9F�'onY por+innn thereof, the s bd iyision final plat that nreates lots o� t of aRY portmi-.n P-`f the+r;n+cn shall inrlino+o nn +hc faoc of the plat with reopent to each In+ Iirmi+ationc or restrintions as are nenessary to enei ire oomplianoe vVith the Conditional rlis+rint re-zoning l�Fc)r example,_if theATajiL-r Dl-n nr Cite Dlon a;sE;0Gi rated with-a Gendotienal Distrint a gal shows a ten_aore portion of the tract approper+ for retail development with a maximum floor area of 100,000 square feet, +hop if that+ono area is subdivided, eaoh lots eated shall chew on the fade of the plat the maximum building area that Gan hen ns+ri voter+ en that let SECTION • OF • ' 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. (B) Lots Sold If lots in the plat have been sold or built upon, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat. 2.17.2 Initiation The owner or owners of lots in any approved subdivision must initiate a plat vacation by filing an application with the Planning Director. 2.17.3 Application Requirements (A) Applications shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. (B) Applications shall include: (1) Copy of the approved/recorded plat, Orange County, North Carolina-Unified Development Ordinance Page 2-66 Article 2: Procedures 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. (D) Major Subdivisions-- Final (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—GonGeptPla 0)The derision of the Dl;;nninn Board regarding GonGept Plan Deyelnnmen# Options may he appealed) to the Reardl of Commissioners () Are n0ti e of appeal shelll be filed, in writing with the Planning Dire Gter wathin 15 days after the`fate of the Planning Board's ddenisinn (3) if the appeal e a plan/mop o col 16 Geppiies of the planimapshol�e 1hmitted! alopg with the WFitten a al (4) The Board of Commissioners shall Pefinal a al ai itherity, d!an WheF` applicable all Concept Plan development Options shall contain 'nfermatien and)/or conditions approved by the Roam of Commissioners (5)� RnardJ of zallsUc appeals .hall make findings-0f faa Et� support of its dJenisinn The applicant shall he notified) in writing, of the Board of (`nmmissinners' decision within ten days after said) d7ecisinn is madJe 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)). 2.26.5 Board of County Commissioners Decisions (A) Legislative Decisions (1) Legislative decisions made by the Board of County Commissioners pursuant to the Ordinance shall be subject to review at the request of any aggrieved party by the Superior Court. (2) The appeal to the Superior Court must be filed from the date of adoption of said Ordinance within the prescribed period below: (a) 60 days in cases involving the appeal of an Ordinance amending the Zoning Atlas, Orange County, North Carolina-Unified Development Ordinance Page 2-82 Article 3: Base Zoning Districts 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 Districts 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. $ pFeG ode eut!nee in Ser6tieln - 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 Districts 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 D• -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 Districts 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. 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 Districts 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 Districts 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. 8. Op the FEGGRE)FROG i+lir- in Q on+i AR 2 1.6 Development,A- ne-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 Districts 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 STANDARDS 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 Districts 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 Districts 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 Districts 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 Districts 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 u thine, 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 Districts Section 3.5: Industrial Districts SECTION DIMENSIONAL • STANDARDS LIGHT INDUSTRIAL Lot Size, min., per use (square feet), if outside 80,000[1] of a CITAN Lot Size, min., per use (square feet), if within a 20,000[1] CITAN PURPOSE PotF"MinWeetRPEW 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 Districts 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 e ithined in cote+men 1 R Orange County, North Carolina—Unified Development Ordinance Page 3-35 Article 3: Base Zoning Districts Section 3.5: Industrial Districts DIMENSIONAL1-2 . RATIO STANDARDS MEDIUM INDUSTRIAL Lot Size, min., per use (square feet) 20,000 PURPOSE 7TFront idth, 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, cleaningSetback 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. 11 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 Districts 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 Districts 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. DEVELOPMENT13 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 Districts Section 3.5: Industrial Districts PFGGedure u tlilne,+ lin ce-r-Am n 16 Orange County, North Carolina—Unified Development Ordinance Page 3-39 Article 3: Base Zoning Districts 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 I 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 Districts 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 D: 1 DISTRICT SPECIFIC DEVELOPMENTSTANDARDS 1. Uses shall be restricted to those indicated for the EDB-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 Orange County, North Carolina—Unified Development Ordinance Page 3-44 Article 3: Base Zoning Districts 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 Districts 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 DEVELOPMENTSTANDARDS 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 Districts 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. n1-+liner! in C o n+i9n 2.16. � Orange County, North Carolina—Unified Development Ordinance Page 3-47 Article 3: Base Zoning Districts 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 I 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 Districts 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. Orange County, North Carolina—Unified Development Ordinance Page 3-49 Article 3: Base Zoning Districts 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 Districts 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. Orange County, North Carolina—Unified Development Ordinance Page 3-51 Article 3: Base Zoning Districts 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 I 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 Districts 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 a-4.13. 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 Districts 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 Districts 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 Districts 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 Districts 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 Districts 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 Districts 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 subd ivioie n c droll frllew them Ged'-rro ei-tlined in Confirm 7 9F 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 Districts 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 Districts 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. Propesed subdivisiens.Shall fellow thePr^d"'os 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 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:29 (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; M(7) Facilitate an orderly use of land; MLI Ensure the proper legal description and monumenting of subdivided land; aid (9) Encourage the proper management of Orange County's natural resources; and.. (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.330 7.1.3 Compliance with Plans and Other Applicable Regulations31 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 29 Brings language into alignment with 160D and/or Comp Plan 30 Brings language into alignment with 160D 31 Brings language into alignment with 160D Orange County, North Carolina—Unified Development Ordinance Page 7-1 Article 7: Subdivisions 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 Subdivisions32 (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 evcm„+ (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, i„nludine private rear) iUs+ifina+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 fer 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 bdiyisien design merle) from any ene +ran+of'and in any ten year„crier!• (2) DediGate er improve any new publiG street ether than widening aR existing publiG street; � Extend PunG%AV.Ate.-�r-sanitary sewerage sys#ems-onher than laterals to serve indoy0 L gal lets; and (4) Necessitate the iRstallation of drainage imPF9VeM8RtS which would require easements through one or more lots to serve other lots 32 Brings language into alignment with 160D Orange County, North Carolina—Unified Development Ordinance Page 7-2 Article 7: Subdivisions 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•33 (1) The tract or parcel to be divided is not exempt under the provisions of the Ordinance, (2) No part of the tract or parcel to be divided has been divided via the expedited minor subdivision process within the past 10 years submittal to plat recordation, (3) The entire area of the tract or parcel to be divided is greater than two acres,34 (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 LIot dimension and size requirements of this Ordinance; .,linable Ian , „� (b) Applicable land use requirements of this OrdinanceThe .ae of the ln+(s) is in nn.,fnrmity with annllnable zoning F8Gl uremen+s and (c) A permanent means of ingress and egress is recorded for each lot. (B) Regulated Minor Subdivisions ss 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 Option design; or (c}(2) Twelve lots or less, following the Flexible Development design, as defined in Section 7.12. 7.2.3 Major SubdivisionsM (A) maier s„bdi„isinr,Maior Subdivision is any subdivision of land that: is nn+ ar, G..emnt er fi Ir+her nlassifie.t as fellews• (1) Creates fewer than 21 lots but more than: (a) Five lots, if following the Conventional Subdivision Option design; (b) Twelve lots, if following the Flexible Development Subdivision Option, as defined by Section 7.12; (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; or 33 Brings language into alignment with 160D 34 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. 31 Simplified for clarity and to ensure that regulations are affirmative rather than negative(A Minor Subdivisions IS this... 36 Simplified for clarity and to ensure that regulations are affirmative rather than negative(A Minor Subdivisions IS this... Orange County, North Carolina—Unified Development Ordinance Page 7-3 Article 7: Subdivisions 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 subrtiyisinns not nlassifiert as an Exempt Subdiyisiop• Miper SubdivisieRi o (2) '6t r 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 Subdivisions37 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 Gemmissiene 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 anrt 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 heRd;e 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 of 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 eXteRt Of Mad, water supply, sewage dispGsal, storrnwateF manageme erosion and sediMeRtation Gontrol, and other required the phase and prev eusly approved phases 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 37 Provide for clarity and direct language. Orange County, North Carolina—Unified Development Ordinance Page 7-4 Article 7: Subdivisions Section 7.4: Improvements and Performance Guarantees SECTION • PERFORMANCE GUARANTEES 7.4.1 Generally38 (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 nrdi (B) In those instances where said subdivision improvements are required to be GGRStruGted in order to comply with the Subdivision standards of this Ordinance ,,shoe^„^^++^ and-as a condition of Final Plat approval , plans and specifications for said improvements shall be approved by the appropriate agency and- reference to sand Imnrn"eMen+o shall he rRade 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; (4) Drainage faGilidies and easements; (5)(4) Stormwater control measures an genien+ ,+^",^ (&)(51 Erosion and sedimentation control devices; (4(F\ l ���^+;"^ rRecreation amenities, spaces, and trails; MLZL_Fire suppression management facilities; WLgL_Common Open Space, ReGFeai;GR sr-and Landscape ant „r,nrn„eMen+s, areas,, ^nd es; and ti- )j9LAny 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 +hod the Planning Director deems neness r„sufficient 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. 38 Updated for clarity Orange County, North Carolina—Unified Development Ordinance Page 7-5 Article 7: Subdivisions 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 authorized by the Ner+h Gar„iina GGReral Statut that the improvements have been installed in accordance with all applicable standards. 7.4.4 DerF.+...+anrP GliaranteesReserved (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 GenStF Gtien plans 39 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 the Subdivision Agreement:. Heme0Wnor6' „r Dr.,noFty OWReFSaSSOGiatiOR. 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 lire 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) The heMeowners rust pay their pro rated share the, eests, and anyysums 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; 39 Redundant and unnecessary Orange County, North Carolina—Unified Development Ordinance Page 7-6 Article 7: Subdivisions Section 7.4: Improvements and Performance Guarantees !R\!�\ The In+owner of no.�h dwellingdwellingunit nr In+shall have��n+in.. rights in +hn i�T��I ajsoownerci�r;and 40 (7)(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 unbuilt required improvements within the-a subdivision; the following nrnress shall he adhered tn• (A) The subdivider shall be required to submit te the PlanRing i in WitiRg, nntia+inn that he she inteRds to transfer m ntenanne r sihiliti fin es to a establisher) n nerty n iatinn staff and preperty GWRer's aSSGGiatieR members and GffiGers te review the status of all required i nts and nU aline the a a+inn's perpetual m ntenanne ibility. The meeting shall take plaGe at the Planning Departme normal b Usiness hey firs (C) The-subdivider shall prepare a document, to be approved in both form and content by the Planning Denar+men+ aR Orange County °tom, 961tIiRiagdetailing the current conforming status of all required improvements and providing documentation that the improvements Dave-were recently beeRinspected and certified as being compliant with federal, state, and/or local regulations, or otherwise ensured by an approved Performance Guarantee.. a .Jn fanilities fer v.ohinh r sihility is heron a nd me (E) Samd dOGUment shall, upon eXeGUtien, be FeGOrded with the Orange County Register of Deeds at the expense of the 1;,ihrdiyide as formal reonnni+ion that maintenance P yr va�v-macr,,�.r�vr�rmTccvgr� cnurrcc resnnnsibllities have been assumed imed by the nroneFty n ssnciation The Planning nenartmen+Orange County shall not release the subdivider of maintenance responsibilities, or authorize the release of Performance Guarantees, until this process is completed.41 (€)(1) All outstanding Performance Guarantees held by a subdivider must be effectively transferred to the Property Owners Association 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. 40 These are private matters outside the County's purview. "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: Subdivisions Section 7.5: Subdivision Agreements44F (C) Maintenance guarantees for public road facilities shall stipulate that the subdivider will maintain all required public road improvements, drainage improvements, and sedimentation and erosion control improvements to the standards of this Ordinance until the public road improvements are added to the state-maintained road system. The guarantee shall also state that the subdivider will be responsible for correcting any defects that may arise during the maintenance period and shall remove temporary sedimentation and erosion control measures. (D) Maintenance guarantees shall be in the form of a Performance Guarantee meeting the requirements of Section 2.27 of this Ordinance. (E) The subdivider shall pay a fee in accordance with the Fee Schedule adopted by the Board of County Commissioners at the time of the initial posting of the guarantee and for each subsequent renewal or extension to cover the County's administrative costs. 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. SECTION The avoidance of congestion and overcrowding and the creation of conditions essential to public health, safety and the general welfare may be best accomplished through the application of design standards providing for the distribution of population and traffic, safe and coordinated street systems, approved water supply and sewage disposal systems, usable lots and conformance to plans for Orange County as recommended by the Planning Board and adopted by the Board of Commissioners. The following general requirements and principles of land subdivision shall be observed: "Updated for clarity and enforceability Orange County, North Carolina—Unified Development Ordinance Page 7-8 Article 7: Subdivisions Section 7.6: General Design Standards 7.6.1 Minimum Lot Size (A) All lots shall contain the minimum lot area required by Article 3 of this Ordinance and shall comply with all applicable development standards. (B) Any lot which provides an easement for individual septic disposal for use by a separate lot or deed shall conform with NC DHHS DPH Innovative Waste Water System Approval IWWS 2016-01. 7.6.2 Residential Density The allowable density on a given parcel of property proposed for subdivision shall comply with the residential maximum density requirements in Section 4.2.4. 7.6.3 Land Suitability (A) In reviewing subdivision proposals, the Planning Department and 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 ;n the Laws and Rules f„r Ahs;A-FPtiGR 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. Orange County, North Carolina—Unified Development Ordinance Page 7-9 Article 7: Subdivisions 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: Subdivisions 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) The required lnc6ept 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 to the inch The scale chosen shall he large enn nh to show all required detail clearly and legibly (2) Required General information f'en 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 fc eGFeage 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.oiv'sion_dec`iggn• (e) Scale, approximate 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: Subdivisions Section 7.13: Specifications for Plat Drawings As determinerd frnm readily identifiable n site in enteries aerial photographs rye oI rd, State/Federal reseUFee maps, and IGGaI plaRRing decU„Tents and i Ryenteries the Site Analysis Map shall non+sin the following infermatien• (aa) Primary Open Spare Armes ntifinatinn of phySGal rc s ass�ted�riith the site whinh restrint its development potential OF nnntain sinnifinant and/or n��Ifi oral rosn��rnes inAiding• �T-opographin nnnte ors at ten-feet interval wing FE)GL oU hnrops and clones of 7 V_0/ to 15 and more than 15 cm�Semi type a Gea+inns-and c�e=ac ens#�cs-relafiag�o seasen I high water table apd depth to hedrnnL gmG EharacteriStiGS eft;esite, ieGIudiRg drainage tributaries --rfane vfater hedies fleedplains nd wetlands. /i��\ Natural d wildlife habitats d 'ders. t,-P�, areaSm he,�sar;�ce,=nor M kl4ste-in an �aeeIogic-arsites .steel thp- National Regi�er of I-Iistorin Dlanes or innL uded nn the Qtate's hlatinnal Register study list designated as a Innal his+nrin landmark, Iona+eel in a Innal histerin distrint and/nr identified as haying ahigh potential for arnhaenlnninal remains (b) S'eG ndary Open Spate yeas id.entmEatiGR ofS+gnmEanrSItG elements on b uild ahle�r+iens-;f the site, feuding: Vegetation ef the site defiRing approximate IGGatien and boundaries of weedland areas, and! wherever p sihle vegetetive asSeciat;GR OR termsef Spesies and size. Infermatien frnm aerial photographs shall he anneptahle at the Gonnept Plan sty Current lannd-use and I-cma land-GOVer(GUItivated-areas, pastures-, etn \ existing buildings and strUntures and burial grounds. r�SGen-G ViewS onto the sitef,re-Irn surrounding reads as well aS 4TA- fe-At-r ;frOrn within the site as C e+eTrmined 1by field suwey. �.y Other historic and archaeological sites and stru gyres. (E)Transportation and Utility Systems Identifinatinn of fanilities AS iated with the movement of people and geods nr the PFGVi6weRof public services including: /)Railroa and st-eeta=ights-elf-vva /r amEasements for vehiGUIIar 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 thPseh, �s+ep n :n9 travelway and right_of_way widths apd nnnnentiop to e..ist.Rg streets; Orange County, North Carolina—Unified Development Ordinance Page 7-61 Article 7: Subdivisions Section 7.13: Specifications for Plat Drawings Preliminary sGil 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 he prepared IN& the Qnil Cnientist of the I=ny'rPnmental HQ;;I+h Diyicinn of+he Health Department.- The \� �pposed arrangement netts;iNithin the subdivision, inch Yding size and numher, as based nn soil si iitahility analysis (5) Flexible Development Optkm The Flexible Development Option shall contain the follewing inform a+ion• (a\ + f lets within the bdivisien �rding size ��T#e�rspssed�ar',ger�era�-e,--«���sa,��,�,T �..,,� per: (b) laves t within the bdiyision .Jinn tray ��The-prl3psseJl street� �su, s c��z,�,-Pe4way and right ef wa y widths nd c ec+ion+o a is+inn s+roots (G) The Inr•atinn type, and area of the open spat nrropGsed in the sybdivis'on including open mane to he preserved: lei-aa sepc`a Fate lot orrivts iunnd_pw the ownership of a ho-Men-vVrr�rc��.� assnciat'nmn a.T.vrnaziT \�As part of inddividd ually owned lots through as Goonseni�non easement applir•ahle to multiple Intl / As part ef individually GWRed estate lets threughe es+g R atierr� buildable areas and the use of restrictive 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 r individual and GOMmunitywater 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 appliGant is seeking approval only of a FlexibleDev t Plan, heishe shall submit information shOWing the location of soils in+�a hpl or nvr�rrui=cidua i -I-cep + systems as required in uhsectinn A/h\ above. (B)(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: Subdivisions 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: Subdivisions 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 on 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� e•am 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 Rertien 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: Subdivisions Section 7.13: Specifications for Plat Drawings 04 i) Manmade features including houses, barns, and known or identified cemeteries shall be shown in their approximate location. 40 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: Subdivisions 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: Subdivisions 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: Subdivisions 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 of io leGated shall be designated with dashed lines on the individual lots and labeled as `Minimum Setback'. These setback requirements shall be reflected in the county's approval of the subdivision. (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: Subdivisions 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 Featuresa3 (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. 43 Broadening language to reflect the actual plat requirements of this subsection. Orange County, North Carolina—Unified Development Ordinance Page 7-69 Article 7: Subdivisions 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 dedicated in accordance with Section 7.12, 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: Definitions 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 corridor$.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: Definitions 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., ,nclu the residual acreage frem aRY one+rant of land in y 24 oath n r!io • 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.ner+4,.;te or improve any ne oPubliG street other than widening on eX*St'Rg ihlir Street; b) Extend PubliG wate.r andwer sanitary seweFage systems c)ther thaIA laateraals to lots; G) Nep-essiLate the 0As;taAlI_At*f_)A A-f drainage impreverne-Ints vihiGh would Fequire easements through one er more lots to Sense other lets; ap vnti. m�rrvrc�vca--ca-rvcrvc-vm�vc.�-,-�-rrra 4) At the GptiGR of the appliGant, involve VeSt'Rg 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 Attachment 2 STATEMENT OF APPROVAL AND CONSISTENCY OF THE PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT REGARDING SUBDIVISION ADMINISTRATION AND REGULATION STANDARDS Orange County has initiated an amendment to the Unified Development Ordinance(UDO)to revise regulations regarding subdivision administration and regulation standards. The Planning Board hereby recommends approval of the proposed text amendment and issues this Statement of Consistency pursuant to NCGS § 160D-604(d) Planning Board review and comments— Plan consistency. The Planning Board finds: 1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments,including review by the Development Advisory Committee (DAC), as required in UDO Section 1.9, have been met; 2. The amendment is consistent with the adopted 2030 Orange County Comprehensive Plan, as prescribed by UDO Section 1.1.5 Statement of Intent—Amendments and Section 1.1.7 Conformance with Adopted Plans; 3. The amendment specifically supports the following adopted 2030 Comprehensive Plan Guiding Principles and Objectives: a. Planning Principle 2.2- Sustainable Growth and Development—Growth and development within the county should occur in a pattern, location, and density that is sustainable over the long-term. b. Planning Principle 2.4—Natural Area Resource Preservation—Protection of the County's natural areas,including forests,wildlife habitat,and other important open spaces should be a priority. The County should work with regional and local organizations, the towns, and private landowners to promote and achieve preservation of the County's important natural resources. c. Planning Principle 2.5—Preservation of Rural Land Use Pattern—The County's rural areas are a cherished component of the County's character. Future development should preserve and enhance the County's rural landscape. d. Planning Principle — Preservation of Community Character — Future growth and development should occur in a manner that preserves and enhances the existing character of the County,its townships, and rural crossroads communities. e. Land Use Overarching Goal - Coordination of the amount, location,pattern, and designation of future land uses,with availability of County services and facilities sufficient to meet the needs of Orange County's population and economy consistent with other Comprehensive Plan element goals and objectives. f. Land Use Goal 1 -Fiscally and environmentally responsible,sustainable growth,consistent with the provision of adequate services and facilities and a high quality of life. g. Land Use Goal 2 -Land uses that are appropriate to on-site environmental conditions and features, and that protect natural resources, cultural resources, and community character. h. Land Use Goal 3 -A variety of land uses that are coordinated within a program and pattern that limits sprawl,preserves community and rural character,minimizes land use conflicts, supported by an efficient and balanced transportation system. i. Natural and Cultural Resources Objective WR-1 - Preserve natural resources such as grasslands,woodlands and wetlands to allow for water recharge of ground water and water quality protection. j. Natural and Cultural Resources Objective WR-7 -Promote land use patterns that preserve the natural hydrologic system and maintain a sustainable "carrying capacity" balance for the future between ground water and surface water resources. k. Natural and Cultural Resources Objective NA-1 -Conserve high-priority natural areas and wildlife habitats, including wetlands, rivers and streams, floodplains, steep slopes, prime forests,wildlife corridors, and other critical habitats. 1. Natural and Cultural Resources Objective NA-4 - Encourage adequate stormwater runoff controls in existing developed areas and require these controls for new subdivisions to protect sensitive downstream aquatic habitat. m. Natural and Cultural Resources Objective NA-5 - Prohibit development that would cause adverse impacts on highly significant natural areas and wildlife habitat. n. Natural and Cultural Resources Objective NA-10 - Require that all major subdivisions (defined as having more than 5 lots according to the Orange County Unified Development Ordinance) include within their boundaries open space suitable for low-impact recreation and wildlife habitat. o. Natural and Cultural Resources Objective NA-13 - Promote clustering of residential development and dedication of large areas of undisturbed land for low-impact recreational use by residents and for wildlife habitat.Where feasible,these areas should be contiguous to neighboring tracts of undisturbed land. p. Parks and Recreation Objective PR-4.1 - Developers shall provide for adequate and appropriate open space suitable for active/low-impact recreation in residential developments. q. Services and Facilities Goal 5 - Efficient and effective drainage, stormwater, floodplain management, and erosion control systems. 4. The amendment specifically supports the following adopted 2025 Strategic Plan Goal and Objective: a. Priority 1 — Environmental Protection and Climate Action, Objective 7: Conserve and protect high priority open space, including Natural Heritage sites, nature preserves, watershed riparian buffers, and prime/threatened farmland. b. Priority 3 — Housing For All, Objective 5: Review County ordinances, policies, agreements, and the regulatory processes to streamline practices, and increase opportunities and reduce barriers to construct housing. 5. The amendment is consistent with these principles, goals and objectives because implementation will result in improved UDO reading clarity and enhanced administration of the orderly subdivision of land, as regulated by Articles 2 and 7; 6. The amendment is reasonable and in the public interest because it is in response to a commissioner petition and continued guidance to ensure that applicants may be able to subdivide land, as regulated and allowed by the Orange County UDO, without presenting an application to the Planning Board or Board of County Commissioners, unless otherwise required by the UDO, entrusting this responsibility with the Planning Director and their professional and skilled staff. The Planning Board hereby adopts this Statement of Approval and Consistency and the findings expressed herein. Lamar Proctor, Chair Date