Agenda 03-01-22; 8-h - Acceptance of Planning Jurisdiction over Two (2) Parcels to Orange County

Browse Search

6 P.M. Dubbeling, PLLC Chapel Hill's exclusive jurisdiction shown in gray and Orange County's exclusive jurisdiction in green). Mendall, LLC wishes to subdivide its land. As shown on Exhibit B, the proposed subdivision (Lots D-1 through D-8) lies almost entirely within the exclusive jurisdiction of Orange County, but lots D-7 and D-8 (subdividing what is now parcel number 9787-42- 0000) would extend into the joint planning area. As part of this plan of subdivision, Mendall, LLC wants to dedicate parcel number 9787-32-6186 to be open space for the enjoyment and benefit of future owners of the surrounding land. Orange County has approved this subdivision in concept and, if this petition is granted by the Town., Mendall, LLC will submit a formal request for subdivision in accordance with Exhibit B. Legal Authority In 2019,the North Carolina Legislature enacted N.C.G.S. Chap. 160D specifically to address local planning and development regulation. In doing so, the Legislature created a specific mechanism for local authorities to handle situations in which a parcel lies within the jurisdiction of more than one planning authority but it makes more sense for one authority to handle a proposed project. Under N.C.G.S. § 160D-203, when a parcel of land lies within the planning and development regulation jurisdiction of more than one local government, those governments may agree to assign that parcel to the exclusive jurisdiction of one on them. Importantly, this does not require a redrawing of jurisdictional boundaries. Instead, by mutual agreement (and with the written consent of the landowner) the two governments assign a specific parcel of land to the exclusive planning and development regulation jurisdiction of one of thein, By doing so, the local.governments avoid the need for duplicative work in reviewing, approving, and monitoring proposed land use. Doc ID: c4aO53aoc53b3a848f3f5355cac4Qb219063ae91