Agenda 5-d - Unified Development Ordinance (UDO) Amendments

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The new category would allow for a division of a tract of land into separate parcels in accordance with the terms of a probated will, or in accordance with intestate succession under Chapter 29 of the General Statutes. Staff will be required to sign a statement on a plat indicating the division shown on same is ‘exempt’ from local review as it is not classified as a subdivision of property. 2. Limited local governments to requiring only a final plat for recordation for a division of land in single ownership meeting the following criteria: a. Parcel being divided is not considered an exempt subdivision under State law; b. No part of the property has been divided within the last 10 years; c. The parcel is greater than 5 acres in area; d. No more than 3 parcels are created; and e. The resultant lots comply with all of the following: i. Applicable dimensional and size requirements based on the general use zoning district, ii. The use of the lots is in conformity with local land use regulations, and iii. A permanent means of ingress/egress is recorded for each lot. STAFF COMMENT: Current regulations require a property owner interested in completing a Minor Subdivision (i.e. typically 5 or fewer lots) to complete a 2 tiered application process, specifically: • First they file a Concept Plan denoting the proposed subdivision for our review. This allows staffs from various County Departments (i.e. Planning, Environmental Health, Erosion Control/Stormwater, Fire Marshal’s office, etc.) to review and comment on the proposal, identifying opportunities and constraints to the project. The Concept Plan does not have to be completed by a surveyor but has to be drawn to scale showing the number and location of all the proposed new parcels of property. The process is intended to allow an applicant to work with Planning and Environmental Health staff to locate the boundary of the proposed parcels maximizing suitable soil area supporting well/septic development while adhering to applicable land use regulations (i.e. open space, water feature buffers, etc.). There is a $140.00 application fee for this process. • If the Concept Plan is approved, the property owner submits the Final Plat application, which is completed by a land surveyor. This Plat is reviewed/signed by Environmental Health (verifying septic areas have been identified), Planning staff (certifying the project complies with applicable regulations), and the appropriate School System (per the adequate public facilities ordinance). There is a $140.00 application fee for this process as well. 2