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Form Revised 09-29-16 <br /> <br />initiated text amendments to the UDO to incorporate recent changes in State law <br />relating to the processing of subdivisions. <br />The purpose of the amendment is to ensure consistency with State law. <br /> <br /> <br />2. Analysis <br />As required under Section 2.8.5 of the UDO, the Planning Director is required to: <br />‘cause an analysis to be made of the application and, based upon that analysis, <br />prepare a recommendation for consideration by the Planning Board and the Board of <br />County Commissioners’. <br />NC General Statue (NCGS) 153A-335 defines a subdivision as: ‘divisions of a tract or <br />parcel of land into two or more lots, building sites, or other divisions when any one or <br />more of those divisions are created for the purpose of sale or building development <br />(whether immediate or future) and includes all division of land involving the <br />dedication of a new street or a change in existing streets’. <br />Session Law 2017-10, adopted May 4, 2017, modified the review of subdivision <br />proposals by local governments as follows: <br />1. Created a new category of exempt subdivision (i.e. a division of property <br />not included within the definition of a ‘subdivision’ and not subject to <br />regulation), specifically the ‘division of a tract into parcels in accordance <br />with the terms of a probated will or in accordance with intestate succession <br />under Chapter 29 of the General Statutes’ ; and <br />2. Limited local governments to requiring only a plat for recordation (i.e. a <br />Final Plat application as detailed in Section 2.14.3 of the UDO) for a <br />division of land in single ownership meeting the following criteria: <br />a. Parcel being divided is not considered an exempt subdivision <br />under State law; <br />b. No part of the property has been divided within the last 10 years; <br />c. The parcel is greater than 5 acres in area; <br />d. No more than 3 parcels are created; and <br />e. The resultant lots comply with all of the following: <br />i. Applicable dimensional and size requirements based on the <br />general use zoning district, <br />ii. The use of the lots is in conformity with local land use <br />regulations, and <br />iii. A permanent means of ingress/egress is recorded for each <br />lot. <br />Staff must amend the UDO to incorporate these changes in order to ensure local land <br />use regulations are consistent with applicable State law. <br /> <br /> <br /> <br />5