Orange County NC Website
25 <br /> applicant be required to submit a new application for a minor subdivision when the applicant <br /> fails to submit a final plat that complies with all conditions of approval within one year of <br /> receiving the staff letter of conditional approval. <br /> There are 60 in-process minor subdivision applications. Thirty-three (33) of those applications <br /> would not be affected by the proposed amendments since the required type of road would <br /> remain the same. Out of the 27 applications that would be affected by the proposed <br /> amendments, the above recommended policy would allow seven (7) of those in-process <br /> minor subdivisions to be completed using the current subdivision provisions and <br /> standards for private roads. (All.of those subdivisions were approved with conditions by staff <br /> prior to June 6, 2000, the first date the amendments could have been adopted by the BOCC.) <br /> The seven minor subdivision applications allowed to proceed as conditionally approved under <br /> the proposed policy are noted in the tables on pp 28 — 30 with.a "✓" beside the staff approval <br /> date. Four (4) of those applications propose one or two new lots on an existing class B private <br /> road. The resulting total number of lots accessing those class B roads varies from 6 to 7. If <br /> required to comply with the new amendments, applicants must upgrade the roads to class A <br /> private road standards. The other three (3) subdivision applications each propose to create a <br /> total of three lots using a class C private road (two subdivisions propose new class C private <br /> roads, one proposes to add one lot to an existing class C private road). If required to comply <br /> with the new amendments, applicants must upgrade the roads to class B private road <br /> standards. <br /> Policy for Application Approval in Future Cases <br /> In future situations where amendments are proposed that affect in-process minor subdivision <br /> applications, staff recommends that <br /> in-process applications not be required to comply with the proposed amendments if the <br /> application received approval, or conditional approval, prior to the public hearing at <br /> which proposed amendments are presented.' <br /> Applicants who submit proposals after the public hearing will be advised that staff will consider <br /> the proposed amendments during review of those applications. <br /> Staff recommends the above outlined policy for dealing with major subdivision applications. <br /> Applicants have much pre-application interaction with planning staff, and staff apprises such <br /> applicants of any known proposed amendments being developed as well as any <br /> consequences of not incorporating proposed amendments into plans that may not receive <br /> "vested" preliminary plat approval prior to adoption of any such amendments. <br /> ' Staff also recommends that the Orange County Subdivision Regulations, Section III-3, <br /> Approval Procedures for Minor Subdivision, be amended to limit to one year the time allowed <br /> from the conditional approval of a final plat application to the endorsement of the final plat <br /> approval by the Planning Director. The amendment should also include an exception in cases <br /> where.the applicant can demonstrate a good faith effort to comply with the deadline, but for <br /> reasons beyond his/her control, fails to meet the requirements within that period. <br />