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25 <br /> <br /> 1 <br />Staff cannot require they go through the Concept Plan application process or even apply 2 <br />for Environmental Health (i.e. septic and well) review. 3 <br /> 4 <br />All staff can do is verify is that they meet the aforementioned applicable criteria. 5 <br /> 6 <br />Staff is proposing to amend the UDO to incorporate these changes in order to ensure local land 7 <br />use regulations are consistent with applicable State law. Please note if the amendment is not 8 <br />adopted, the County is still obligated to process requests consistent with applicable State 9 <br />standards. Planning Director Recommendation: The Planning Director recommends approval of 10 <br />the Statement of Consistency, as contained in Attachment 4, and the UDO Text Amendment, 11 <br />as contained within Attachment 5. Planning Board Recommendation: At its May 2, 2018 12 <br />meeting, the Board voted unanimously 13 <br /> 14 <br />Michael Harvey made the following PowerPoint presentation: 15 <br /> 16 <br />PUBLIC HEARING – ITEM 5 (D) 17 <br />Unified Development Ordinance (UDO) Text Amendment – Modification of Subdivision 18 <br />Requirements per State Law 19 <br />Orange County Board of Commissioners 20 <br />June 5, 2018 21 <br /> 22 <br />Background 23 <br />• On May 4, 2017 State law was modified (Session Law 2017-10) changing review of 24 <br />subdivision proposals. 25 <br />• Specific Changes: 26 <br />1. Created a new category of Exempt Subdivision. 27 <br />• STAFF COMMENT: Currently 4 categories of exempt subdivision 28 <br />(Combination/recombination of existing parcels ; Division of land into 10 29 <br />acre parcels ; Public acquisition of land for widening/opening streets ; and 30 <br />Division of land in single ownership, parcel no greater than 2 acres, into 31 <br />not more than 3 lots with no street dedication involved). 32 <br />New category allows a division of property in accordance with the terms of a probated 33 <br />will, or in accordance with intestate succession under Chapter 29 of the General 34 <br />Statutes. 35 <br /> 36 <br />2. Limit local governments to requiring Final Plat (per State law) for division of land 37 <br />meeting the following criteria: 38 <br />– Proposal is not considered an exempt subdivision; 39 <br />– Property has not been divided within the last 10 years; 40 <br />– Parcel is greater than 5 acres in area; 41 <br />– No more than 3 parcels are created; and 42 <br />– Resultant lots comply with local dimensional/land use requirements and road 43 <br />access is recorded/established. 44 <br /> 45 <br />Impacts 46 <br />• Current regulations establish 2 tiered application process (Minor – 5 lots and under): 47 <br />– Concept Plan: 48 <br />• Scaled drawing showing proposed development (does not have to be 49 <br />produced by surveyor). 50