LEGISLATIVE RESEARCH CENTER
File #: 21-4114    Version: 1
Type: Agenda Item Status: Passed
File created: 12/3/2021 In control: Planning
On agenda: 12/20/2021 Final action: 12/20/2021
Title: Vote on a request to consider scheduling a legislative public hearing by the Chatham County Board of Commissioners to consider amendments to the Chatham County Subdivision Regulations regarding the administrative approval of public right-of-way dedication.
Attachments: 1. Subdivision Text Amendments RL

TITLE

Vote on a request to consider scheduling a legislative public hearing by the Chatham County Board of Commissioners to consider amendments to the Chatham County Subdivision Regulations regarding the administrative approval of public right-of-way dedication.

ABSTRACT

 

Action Requested:

Vote on a request to consider scheduling a legislative public hearing request by the Chatham County Board of Commissioners to consider amendments to the Chatham County Subdivision Regulations regarding the administrative approval of public right-of-way dedication.

Introduction & Background:

The current wording of the Chatham County Subdivision Regulations requires that when  public right of way is added or extended onto a parcel, even if no additional lots are being created, that it is considered a Major Subdivision. This creates a burden on staff and applicants to follow the Major Subdivision guidelines and process for a simple addition or extension of a road or right-of-way. Currently, the public acquisition by purchase of strips of land for widening or opening streets or other public transportation corridors or greenways is an exempt division of property. It is staffs proposition that simple rights-of-way additions and extensions that do not create additional lots should be considered as an exempt subdivision as well and approved administratively at the discretion of the Planning Director. There is precedent for this request in the current regulations which allow the Planning Director to sign plats dedicating public rights-of-way for conservation subdivision up to 15 lots which has been used.

 

Discussion & Analysis:

Several sections of the Subdivision Regulations will be amended as part of this process change. Section 2 Definitions will be amended, specifically, the definitions of Minor and Major Subdivision. Section 4 (C) Exempt Subdivisions will be amended to add an additional exempt subdivision. This will be a sixth option allowing for the division of a tract of land resulting solely from dedication of land to be used for public road right-of-way not involving the creation of new lots. Section 7.2 (3) Rural Roads will add language stating the Planning Department may accept rights-of-way in any subdivision in which no additional lots are being created.

 

How does this relate to the Comprehensive Plan:
Goal 7: Provide infrastructure to support desired development and support economic and environmental objectives.

Recommendation:
Schedule a public hearing to consider an amendment to Section 10.13 Table 1: Zoning Table of Permitted Uses of the Zoning Ordinance during the January 18, 2022 Commissioners meeting.