Orange County NC Website
4 <br />® Greenbelt Linkages <br />Other Non Classified Oben Space <br />® Meadows (not farmland) <br />® Timbered Land (not farmland) <br />® Water Bodies (ponds, creeks, streams, marshes) <br />® Stream Buffers (protected areas along water bodies) <br />The preservation of environmentally sensitive lands (listed above) is achieved through <br />flexible development subdivisions when protected lands fall into either a public or private <br />preservation category as determined by the zoning ordinance, the subdivision regulations, the <br />LUE/OCCP and, at times, by other departmental County Staff members. The public category <br />ownership is usually by fee simple dedication or through public conservation easements and the <br />private ownership category is usually by fee-simple title conveyed into a Homeowner's <br />Association or through private conservation easements (i.e. by deed restrictions) on individual <br />lots. <br />History of Major Subdivision Regulation Changes <br />In the early years of flexible development there was not a large amount of open space <br />preservation accomplished in subdivision approvals. The regulations required that the applicant <br />submit both a conventional plan and a flexible development plan and-then allowed the applicant <br />to choose which one to submit for preliminary review. Usually the applicant would opt for the <br />conventional design (with little or no open space) at the preliminary plan stage because of a <br />higher lot yield or a preferable layout of lots. In order to address the open space shortcoming <br />the BOCC, in the years 2000 and 2003, approved two major amendments to the Subdivision <br />Regulations regarding process and standards that increased land preservation in subdivisions. <br />Staff has included, as attachments to this report, subdivisions in the Rural Buffer that occurred <br />before the amendments and after the amendments (Tuscany Ridge -before and Westhampton - <br />after). The two subdivision amendments approval dates are as follows: <br />May 16, 2000 -Flexible Development Plan became a requirement (not voluntary) in the <br />entire County's jurisdiction, except for JPA/Rural Buffer. This amendment required the <br />Planning Staff to make a recommendation to the Planning Board regarding which <br />subdivision option should be approved (i.e. Flexible Development Plan or Conventional <br />Plan Option). The Staff recommended plan, approved by the Planning Board, became the <br />plan that the applicant was required to follow. <br />February 24, 2003 -Flexible Development Plans became a requirement in the JPA/Rural <br />Buffer, with the exception of the Village Option which is not permitted in the JPA /Rural <br />Buffer. This amendment also expanded the notification requirements throughout the <br />County's jurisdiction. <br />Also, in 2003 the BOCC amended the Open Space Standards to incorporate additional <br />usefulness, efficiency and compatibility into subdivision design with regard to usability of the <br />open space by residents. The amendments focused on furthering the regulations toward <br />protection of Rural Character and the Protection of Space for. Outdoor Recreation. The primary <br />