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Minutes - 19780530
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Minutes - 19780530
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5/30/1978
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Minutes
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~:: ~~ <br />This rezoning request was scheduled to be heard again 4n the third <br />Monday night~in June at the regular meeting; of the County Planning Board. <br />Chairman Bonar referred to the third item on the agenda: Considera- <br />tion of proposed amendments to the Subdivision Regulations. <br />He referred to the Definitions section of the amendments which amends <br />the definition o£ easement to read as follows: A grant of rights by the <br />property owner to a portion of land for a specified purpose. Dr. Sonar <br />stated it was not the intention of the earlier definitions to provide for <br />public use but for use by the public, a corporation, or persons, He stated <br />this definition makes this point clear. <br />The second item under definitions: Moved the definition of minor sub- <br />division from; page 5 to the definition section. Dr. Sonar asked that the <br />Board discuss the suggested definitions of a manor subdivision as shown on <br />an attached sheet. <br />(1) A manor subdivision is a division of a tract of land into no <br />more than four (4) additional lots with access to be provided either <br />from an existing public street or from a private road as defined in <br />the Orange County Subdivision Regulations. <br />(2) III-C-2: No more than four (4) new lots may be created through <br />the minor subdivision process out of a tract of land in existence at <br />the time of the adopticn of this procedure for review and approval of <br />subdivisions through the minor subdivision process. <br />(3) No more than four (4) lots may be created out of a tract of land <br />by the minor subdivision process within a one year period. <br />Add: Any tract of land which changes ownership may be resubdivided <br />by the minor subdivisiari process. <br />Dr. Bonar stated that two approaches to the use of a manor subdivision <br />process had been made. He asked for comments. <br />Lindsay Efland stated he felt the added provision regarding changing <br />of ownership was a good provision and should be added to which ever pro- <br />posal was decided upon. <br />Purpose, Authority, Jurisdiction <br />Section 1-D: Na provisions o£ this Ordinance shall be construed to <br />grant public access, entry or use of private property without permission <br />of the owner. <br />Ben Lloyd informed the Board the Advisory Subcommittee has suggested <br />an addition to this section which would state that when easements or right <br />of ways are acquired, compensation shall be forthcoming. This is not an <br />the proposed amendment. Mr. Lleyd stated it was also suggested that the <br />party responsible fox compensation be specified. <br />Discussion ensued regarding this item. Commissioner willhoit stated <br />he found problems with this as it is extremely expensive to install sewer <br />lines at a later time an a lot by lot basis. That easements should be <br />given at the initial planning stage. <br />Mr. Lloyd stated he felt developers should have all easements dedicated <br />prior to developing thier property and should pay far involuntary easements. ". .. <br />Mr, willhoit responded by stating this would present problems if every <br />case had to be on a contract basis. That it would be difficult to obtain <br />easements where services are not available. <br />Mr. wall stated there are instances where property owners derive na <br />benefit from granting easements across their property, that many people do <br />not wish to have certain conveniences.' <br />Dr. Bonar stated his concern about compensation for easements is this <br />may be interpreted by subdividers to mean that if they are required to pro- <br />vide easements, for utilities to supply their own development, somebody <br />should pay them for that. He stated the proposed amendment could be read <br />in that sense. <br />
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