Agenda - 06-05-2018 5-d - Unified Development Ordinance (UDO) Amendments

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Article 7: Subdivisions Section 7.2: Classification of Subdivisions Orange County, North Carolina – Unified Development Ordinance Page 7-2 7.2.1 Exempt Subdivisions (A) In accordance with North Carolina General Statutes, the following activities do not constitute a subdivision and are expressly exempt from established review and approval processes, provided that the property’s exempt status is confirmed in accordance with the procedures detailed in Article 2: (1) The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the County, including private road justification standards, as detailed within this Ordinance. (2) The division of land into parcels greater than ten acres if no street right-of-way dedication is involved. (3) The public acquisition by purchase of strips of land for widening or opening streets. (4) The division of a tract in single ownership of the entire area of which is no greater than two acres into not more than three lots, if no street right-of-way dedication is involved and if the resultant lots are equal to or exceed the standards of the County as detailed within this Ordinance. (5) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes.2 (B) Exempt subdivision shall be required to meet all applicable requirements for the granting of zoning and building permits. 7.2.2 Minor Subdivisions (A) A subdivision shall be classified as “minor” if it does not:3 (A)(1) Create more than: (1)(a) Five lots, including the residual acreage, following the Conventional subdivision design model; or (2)(b) Twelve lots, including the residual acreage, following the Flexible Development subdivision design model, from any one tract of land in any ten year period; (B)(2) Dedicate or improve any new public street other than widening an existing public street; (C)(3) Extend public water and/or sanitary sewerage systems other than laterals to serve individual lots; and (D)(4) Necessitate the installation of drainage improvements which would require easements through one or more lots to serve other lots. (B) A subdivision shall be classified as “expedited” for divisions of a tract or parcel of land in single ownership meeting all of the following criteria:4 (1) The tract or parcel to be divided is not exempt under the provisions of the Ordinance, 2 Session Law 2017‐10 created a new category of ‘exempt subdivision’ to include a division of property resulting from a probated will. Staff is incorporating this new language to ensure consistency with State law. 3 The format of existing regulations is being modified to accommodate necessary changes to the section and ensure consistency. 4 Session Law 2017‐10 limits local governments to requiring a final plat for certain divisions of property. Staff is modifying the UDO to include this provision and applicable criteria to ensure consistency with State law. 22