Orange County NC Website
Following are he proposed amendments to the Subdivision Regulations to be con- <br /> sidered at the public hearing on May 30, 1978. <br /> Definitions <br /> 1. Amend the definition of easement to read as follows: A grant of rights by <br /> the property owner to a portion of land for a specified purpose. <br /> 2. Move the definition of minor subdivision from page 5 to the definition sec- <br /> tion. <br /> Purpose, Authority, Jurisdiction <br /> 1. Section 1---D (proposed new section): No provisions of this ordinance shall be <br /> construed to grant public access, entry or use of private property without per- <br /> mission of the owner. <br /> 2. Section I-E proposed new section) : The Planning Department shall, maintain <br /> a record of all easements, set--backs, ways, buffer strips and other forms of <br /> property restrictions imposed under this ordinance together with the detailed <br /> justification fir each such restriction. At any time subsequent to subdivision <br /> approval, the property owner or his representative may present information to <br /> the Planning Department to establish that the restriction(s) are no longer ap- <br /> plicable due to changed conditions. The Planning Department shall make a final, <br /> decision as to Modification or elimination of such restriction(s) within 30 <br /> day,. The property owner or, his representative may appeal decisions of the <br /> Planning Department to the Planning Board which shall issue a decision within <br /> an additional. 30 days. <br /> Procedure for Plat A roval. <br /> Wo proposals were wade: <br /> 1. Replace 5ect�on III-A-I with the following: Title to land parcels of any size <br /> may change hand at any time without being subject to the Subdivision Regula- <br /> tions. The Sub ivision Regulations shall come into effect before any improve- <br /> ments certificate may be issued. Landlocked tracts can be so designated on the <br /> i, deed. Subsequent to the effective date of this ordinance, no development of <br /> any land shall take place until a Sketch Plan, a Preliminary Plan, and a final <br /> Plat have been approved, or a Final Plat approved through the minor subdivision <br /> process. <br /> 2. See attached pages from the County Attorney. <br /> Procedure for Review and Approval of Minor Subdivisions <br /> 1. Section III-CL.1: Add: The decision of the Planning Board may be appealed to <br /> the County Commissioners. <br /> Section IwII-C12: Two proposals were made: <br /> A. Amend to read as follows: No wore than four (4) new lots may be created r22 <br /> of a tract of land by the minor subdivision process within a one year pe- <br /> d. Add: Any tract of land which changes ownership :nay be resubdivided by minor subdiva,si.on process.. <br /> B. Amend to road as follows: No more than four (4) new lots may be created <br /> through the minor subdivision process out of a tract of land in existence at <br /> the timeµof adoption of this procedure for review and approval of subdivisions <br /> through, the mino� subdivision process. <br /> 3. Section III.-C- 3--a (proposed new subsection) : When access to a minor subdivi- <br /> sion is proposed via a pre-existing, platted., private road, and where the private <br /> road provides access to lots in addition to the lot(s) created by the proposed <br /> manor subdivisio , the Planning Board may grant a variance, pursuant to subsec- <br /> tions VII-A to --D of this ordinance, from the right-of-way and maintenance re- <br /> quirements of subsection IV-B--3-e of this ordinance. All other variances shall <br /> be granted in accardance with Section VII of this ordinance. <br />