Orange County NC Website
Browse       Search
073 <br /> PROPOSED ORDINANCE AMENDMENT <br /> ORDINANCE: SUBDIVISION REGULATIONS <br /> REFERENCE: Section IV-B-5-e Lot Layout (land hooks) <br /> ORIGIN OF AMENDMENT: _X_ Staff Planning Board <br /> BOCC Public <br /> Other: <br /> STAFF PRIORITY RECOMMENDATION: High Middle _X Low <br /> Comment: <br /> PUBLIC HEARING DATE: August 22, 1994 <br /> PURPOSE OF AMENDMENT: To allow, in some circumstances, a new lot to <br /> contain land area on both sides of a private road <br /> easement. <br /> IMPACTS/ISSUES: The Subdivision Regulations were amended on October 3, <br /> 1988 to require that all land area within a newly-created <br /> lot be contiguous, and not separated by a road right-of- <br /> way or by another lot. <br /> The application of this restriction to public roads <br /> prevents the creation of parcels with separate Parcel <br /> Identification Numbers (PIN) by Land Records when the <br /> subdivision is recorded. Separate PINs are necessary <br /> because property lines go to the edge of the right of-way <br /> for public roads, with the right-of-way itself being <br /> dedicated to the public. If a parcel is split by a public <br /> road, then the entire parcel cannot be included in a <br /> contiguous metes and bounds description, and must be <br /> described as two separate pieces, each with an individual <br /> PIN. The two pieces would be considered as one zoning or <br /> subdivision lot, joined by a "land hook" across the road. <br /> This situation is undesirable in that it can cause <br /> confusion when developing the parcel and issuing permits. <br /> An amendment to the Subdivision Regulations to prohibit <br /> splitting a lot by a road was approved on October 3, 1988 <br /> to avoid the creation of additional land hooks. <br /> The 1988 amendment prohibited the creation of additional <br /> land hooks across private roads as well as public roads. <br /> Although it is preferable to have all of the lot area on <br /> one side of a road to maximize its usability, lots split <br /> by private roads do not result in the creation of two <br /> separate PIN numbers because, unlike a dedicated public <br /> road, a private road easement is under the same ownership <br /> as the remainder of the lot. <br /> Occasionally, applying this requirement to private roads <br /> results in an awkward easement configuration and road <br /> location, particularly where the use of an existing <br />