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Article 2: Procedures Section 2.13: Exempt Subdivisions Orange County, North Carolina – Unified Development Ordinance Page 2-47 week for two consecutive weeks, the first insertion to be not less than ten days nor more than 25 days prior to the meeting date. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. 45 (B) In the case of application for a Class B Special Use permit or variance the Planning Director shall give written notice by certified first class mail to adjacent property owners. This notice shall be given not less than 15 days mailed at least ten days but not more than 25 days prior to the meeting date. Adjacent property owners are those whose property lies within 500 one thousand feet of the affected property and whom are currently listed as property owners in the Orange County tax records.46 (C) The Planning Director shall post on the affected property a notice of the Board meeting at least ten days but not more than 25 days 47 prior to the meeting date. (D) In the case of an appeal of a Stop Work Order issued by the Planning Director, the Planning Director shall give written notice by certified mail to the property owner, and/or person(s) engaged in the alleged violation. Notification of adjacent property owners, posting of property, and publication of a hearing notice is not required. SECTION 2.13: EXEMPT SUBDIVISIONS 2.13.1 Generally (A) Persons proposing divisions of land that do not constitute a subdivision must request a determination of an exempt subdivision status with the Planning Director. Activities that do not constitute a subdivision are found in Section 7.2.1. (B) One copy of the final mylar plat and three paper copies of the plat shall be submitted with the request for a determination for an exempt subdivision. (C) Exempt subdivisions shall comply with all applicable non-plat requirements of this Ordinance. 2.13.2 Review and Action (A) Following receipt of a request for a determination of an exempt subdivision status, the Planning Director shall make a determination of the land division’s exempt or nonexempt status. (B) If the Planning Director determines that the proposed land division does not constitute a subdivision, the Planning Director shall certify the proposed land division as exempt and include the necessary statement on the plat certifying same. (C) If the Planning Director determines that the proposed land division constitutes a subdivision, the applicant shall be informed of such in writing and shall be required to submit the appropriate Subdivision application. 45 The Staff Attorney had suggested language modifications in (A) that would result in the omission of public hearings for SUPs from legal advertisements since the general public does not have standing in such matters and cannot participate. However, at the September 8, 2015 public hearing, comments were received to continue to publish SUP notices in the legal advertisements but to add additional language to the legal ad if necessary for legal sufficiency reasons. Therefore, existing language in (A) has been restored and is no longer suggested for modification. Planning and Attorney staff will work together to ensure future legal ads are modified as necessary. 46 Language modification suggested to be consistent with Statutes and to ensure that the outer limit of 25 days in not inadvertently missed. State statutes do not require mailing via certified mail. Because of the proposed notification distance increase (from 500 feet to 1,000 feet), staff is suggesting that notices be mailed via first class mail in order to keep costs and necessary staff time lower. Because notices for the Neighborhood Information Meeting are sent more than a month before this notice for the public hearing, notification to the public regarding proposed projects is occurring much sooner in the review process than in the past. 47 Language modification suggested to be consistent with Statutes and to ensure that the outer limit of 25 days in not inadvertently missed. 92