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Planning Board - 040721
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Planning Board - 040721
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3/29/2021 12:15:11 PM
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4/7/2021
Meeting Type
Regular Meeting
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Agenda
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Planning Board minutes - 040721
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Article 2: Procedures 87 <br /> Section 2.17: Vacation of Recorded Plats and Road Abandonment <br /> (i) For example, if the Master Plan or Site Plan associated with a <br /> nn�Z=Conditional District approval shows a ten-acre portion of <br /> the tract approved for retail development with a maximum floor <br /> area of 100,000 square feet, then if that ten acre area is <br /> subdivided, each lot so created shall show on the face of the plat <br /> the maximum building area that can be constructed on that lot. <br /> SECTION 2.17: VACATION OF RECORDED PLATS AND ROAD <br /> ABANDONMENT <br /> 2.17.1 Generally <br /> (A) Lots Unsold <br /> The owner of a parcel subject to an approved plat may vacate the plat at any time before <br /> any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument <br /> declaring the plat vacated is approved and recorded in the manner prescribed for the <br /> original plat. <br /> (B) Lots Sold <br /> If lots in the plat have been sold or built upon, the plat, or any part of the plat, may be <br /> vacated on the application of all the owners of lots in the plat with approval obtained in <br /> the manner prescribed for the original plat. <br /> 2.17.2 Initiation <br /> The owner or owners of lots in any approved subdivision must initiate a plat vacation by filing an <br /> application with the Planning Director. <br /> 2.17.3 Application Requirements <br /> (A) Applications shall be submitted on forms provided by the Planning Department in <br /> accordance with Section 2.2 of this Ordinance. <br /> (B) Applications shall include: <br /> (1) Copy of the approved/recorded plat, <br /> (2) A narrative outlining the reason(s)for the request, <br /> (3) A legal description of the total area sought to be altered or vacated, <br /> (4) A legal description of any easements or other similar restrictions affecting the <br /> property, <br /> (5) A list of those individuals, corporations, or other entities holding an ownership <br /> interest in the property, <br /> (6) Documentation denoting all encumbrances, including delinquent taxes or <br /> assessments, on the property at the time of application submittal, <br /> (7) If there is a street that has been dedicated to NC DOT for maintenance, the <br /> application shall contain a copy of a petition for abandonment of the street, <br /> (8) The legal documentation, including a revised development agreement and <br /> deed(s), necessary to complete the vacation process, <br /> (9) If the subdivision is subject to restrictive covenants, the applicant(s)will need to <br /> submit either revised covenants, including signed statements from property <br /> owner's agreeing to the change, denoting the lot(s) being vacated or legal <br /> documents extinguishing the existing covenants in the event the development as <br /> a whole is being abandoned, <br /> (10) Five copies of a plat denoting the lot(s) intended to be vacated, and <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-67 <br />
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