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ORC agenda 080118
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ORC agenda 080118
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8/29/2018 11:56:21 AM
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BOCC
Date
8/1/2018
Meeting Type
Regular Meeting
Document Type
Agenda
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Article 2: Procedures <br /> Section 2.13: Exempt Subdivisions <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-49 <br /> <br />from the applicant, or any individual who has submitted a written request for a <br />copy prior to the date the decision becomes effective. This notice shall be made <br />by registered or certified mail within five working days of the Board's actions. <br />(C) The Planning Director shall keep a copy of the Board's action on file. <br />2.12.6 Notice Requirements for Matters Before the Board <br />(A) The Board shall give notice of matters coming before it by causing notice to be <br />placed in a newspaper of general circulation in Orange County. The notice shall <br />appear once a week for two consecutive weeks, the first insertion to be not less <br />than ten days nor more than 25 days prior to the meeting date. In computing the <br />notice period, the day of publication is not to be included, but the day of the <br />hearing is to be included. <br />(B)(A) In the case of application for a Class B Special Use permit or variance the <br />Planning Director shall give written notice by first class mail to adjacent abutting <br />property owners. This notice shall be mailed at least ten days but not more than <br />25 days prior to the meeting date. Adjacent property owners are those whose <br />property lies within one thousand feet of the affected property and whom are <br />currently listed as property owners in the Orange County tax records. The <br />outside of the envelope or postcard shall be marked “Notice of Public Hearing.” <br />(C)(B) The Planning Director shall post on the affected property or on an adjacent street <br />or highway right-of-way a notice of the Board meeting at least ten days but not <br />more than 25 days prior to the meeting date. <br />(D)(C) In the case of an appeal of a Stop Work Order issued by the Planning Director, <br />the Planning Director shall give written notice by certified mail to the property <br />owner, and/or person(s) engaged in the alleged violation. Notification of adjacent <br />property owners, posting of property, and publication of a hearing notice is not <br />required. <br />SECTION 2.13: EXEMPT SUBDIVISIONS <br />2.13.1 Generally <br />(A) Persons proposing divisions of land that do not constitute a subdivision must <br />request a determination of an exempt subdivision status with the Planning <br />Director. Activities that do not constitute a subdivision are found in Section 7.2.1. <br />(B) One copy of the final mylar plat and three paper copies of the plat shall be <br />submitted with the request for a determination for an exempt subdivision. <br />(C) Exempt subdivisions shall comply with all applicable non-plat requirements of this <br />Ordinance. <br />2.13.2 Review and Action <br />(A) Following receipt of a request for a determination of an exempt subdivision <br />status, the Planning Director shall make a determination of the land division’s <br />exempt or nonexempt status. <br />(B) If the Planning Director determines that the proposed land division does not <br />constitute a subdivision, the Planning Director shall certify the proposed land <br />division as exempt and include the necessary statement on the plat certifying <br />same. <br />(C) If the Planning Director determines that the proposed land division constitutes a <br />subdivision, the applicant shall be informed of such in writing and shall be <br />required to submit the appropriate Subdivision application. <br />Formatted: Indent: Left: 0.5" <br />Comment [JCB44]: Expanded notice creates <br />confusion. Residents and property owners are <br />understandably confused when they receive notice a <br />public hearing for which they very likely lack <br />standing and cannot participate in. Expanded public <br />information campaigns are a better approach than <br />mandated notice requirements in the UDO. <br />Formatted: Indent: Left: 1" <br />Formatted: Indent: Left: 0.5" <br />Formatted: Indent: Left: 0.5" <br />Formatted: Indent: Left: 1" <br />Formatted: Indent: Left: 0.5" <br />Formatted: Indent: Left: 1" <br /> 27
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