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HomeMy WebLinkAboutP-0250 - Preliminary Subdivision Plats-Approval Without Certificates or PermitsPOLICY FOR INSERTION INTO THE POLICY MANUAL MEETING DATE: June 16, 1987 NUMBER: P:0250 EFFECTIVE DATE: June 16, 1987 REVISIONS: POLICY• PRELIMINARY SUBDIVISION PLATS-APPROVAL WITHOUT CERTIFICATES OR PERMITS Preliminary subdivision plats may be approved without required certifications or permits; provided, however, agency comments and/or recommendations with regard to preliminary plats must still be obtained, and as a condition of approval, required certifications or permits must be obtained from each applicable agency prior to submission and approval of the final subdivision plat. • • • O Rr A N G E C O U N T Y ~$'~ 90ARp OF COMMiSS10NERS ACTION AGENDA ITEM ABSTRACT Meeting Date June ~_f, 1987 Action da Item SUBJECT: POLICY - APPEICATION OF SECTION 111-D-4-a OF THE SUBDIVISION REGUTATiONS ACTION BY; June 16, 1987 DEPARTMENT; Pi.ANNiNG PUBLIC HEARING Yes „~„_ No ATTACHMENT(S): INFORMATION CONTACT; Marvin Collins Section III-D-4-a - Subdivision Regulations Section V - Subdivision Regulations TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 • PURPOSE: C s ' on lderat~on of a policy for applying the provisions of Section Ili-D-4-a of the Subdivision Regulations to maJor subdivisions. BACKGROUND; Section Ili-D-4-a of the Subdivisian Regulations outlines the procedures for preliminary subdivision plat approval. Among the procedures is the following requirement; "in cases where the completion and development of th® subdivision would require permits granted by an agency, that agency shad officially approve by certtft~afe ar n rmit the subdivision proposal." Agencies which review preliminary plats for major subdivisions include NCDOT, public water/sewer providers, the N.C. Division of Environmental Management, the N.C. Division of Health Services, local school boards, the Soil and Water Conservation Service, and Planning and Health Departments, including Erosion Control. Since the adoption of the Subdivision Regulations countywide to 1978, preliminary subdivision plats have been approved without all certifications or permits as required by Section III-D-4-a. This procedure has been used for the following reasons: 1. Some agencies do not respond to requests for comment andlor approval or do not have adopted plans on which to base comments and/or aanrovais_ ,. • ~~~ 2. Some agency procedures do not permit comment and/o approval unless formal application is made for a permit requiring detailed construction drawings and engineerin specifications. R 3. Section V of the Subdivision Regulations requires tha~ plans and specifications for improvements be approved b all applicable agencies prior to fine! plat approval. 4. Some agencies have established two-step approve procedures, granting approval of preliminary plans first #oilowed by final approval upon submission of de#aile3 construction plans. 5. Applicants are reluctant to expend funds for d~taile~ construction plans and specifications until preiTminar~ approval is obtained of the subdivision design an~ searv t ce concept. • To address the absence of required certifications o permits, conditions have been attached to the approval o' the preliminary plats which required the applicants t+ secure the necessary permits prior to approval of the fine plat. This procedure has worked well, and applicants hav+ complied with the imposed conditions. Recently, the County Attorney has emphasized the need tc amend the Subdivision Regulations to make the ordlhana provisions consistent with actual practice. The propose+ policy would allow preliminary plafis to be approved witl conditions white necessary amendments were drafted an+ presented for consideration. At a special meeting on June 9, 1987, the Planning Boarr recommended approval of a policy which would permi- preliminary subdivision pints to be approved withou- required certifications or permits; provided, however; agency comments and/or recommendations with regard tc preliminary pints must still be obtained, and, as E condition of approval, required certifications or permit: must be obtained from each applicable agency prior tc submission and approval of the final subdivision p1 at. The Planning Board also recommended that the Planning Stafi be directed to prepare an amendment to the Subdivision Regulations which provides consistency between ordinance provisions and actual approval .procedures. RECOMMENDATION: The Manager recommends approval of the proposed policy anc request for Planning Staff assistance as recommended by the Planning Board. F •' . Y8~ L U I I I - b ~ 4- a. P'r,.., T~2ITiARY FL'AIr,' APPROVAL Information and such checklists as may be developed shall be presented by the Planning Department with the Preliminary Plan pertaining to land suitability, along with-comments and certification of reviewing agencies, and other information required by this ordinance. Review agencies shall make recomraendationt or certification to the Planning Hoard on the basis of the suitability, provisional suitability, or unsuitability of the proposal. Where it is determined that to make the proposal suitable, alternate measures are available to the subdivider, "provisional suitability" shall be recommended. If agency approval is withheld for this reason, the agency shall state in what respects it is provisionally suitable and recommend measures, where possible, to make the proposal suitable. Only when no alternatives are available, shall "unsuitability" be recommended. The agency shall state in what respects the proposal is unsuitable. cases went of -the s certification process shall be limited t4 the following Shall Submit their findings, and certificates in writing Board. Trie Following agencies shall certify within their area of 1. The District Enainee etion and develo - ld raga re permits cLency s a icate or ermit he review an include, but not agencies who recosnnendations , to the Planning review and reSpOrislb111.tyS uepar~r~~ o= •rransgorLazion shall review as to the proposed pubiicl dy edicated streets, highways, and drainage systems as they affect such streets and highways. The Planning Department shall review and certify as to private roads pursuant to standards set forth in this ordinance. /- 2. The Health De~,artmeAt shall review and certify as to the proposed water and sewage systems. 3. The IIoar of Education of the appro- priate school district shall review and certify as to proposed schools sites. • ~ 4. The Orange Soil and Water Conservation District U ~`1 shall review and certify as to a general soils description end interpretation. ~- S. The Erasion Control Officer shall review and certi y as to sediment control and storm water management. **IlI - D - 4 - b. The Planning Board shall consider areas and conditions described in the Land Suitability Section of this ordinance. and the manner in which the proposed subdivision manages them. The subdivider may,~~, required to demonstrate hoar potential prot~lems have been avoided or the impacts of development minimized by the use of mechanical devices, arrangement of lot lines, buffer strips, lerge lots, or any other appropriate technique.. III -D- 4 - c. ~onended Effective Amended 2-8-86 When the Board determines that additional information is necessary, it may withhold further consideration of the proposal until the speoified agency or technical committees, or individual has furnished such information, provided, however, in no event shall the Board withhold consideration beyond the eighty-five (85} dap review time permitted fiy Section III --D - 1. After. reviewing the proposal and the reviewing agenciest recommendations, the Planning Board shall recommend approval, approval with conditions, or disapproval of the subdivision proposal. No proposal map be recommended for approval or approval with conditions without eonsi.deration by the Board of the findings, recommendations, and certificates, where required, of aII reviewing agencies. .If the Board reeoa®ends conditional approval or denial of the proposal, the reasons shall be stated in writing to the developer and entered into tl~e minutes of the Board. If conditional approval or denial are recommended, the subdivider may make Changes and submit a revised plan which shall be submitted, reviewed, and acted upon pursuant to this section. When in the judgment of the Planning Board, required changes do n©t necessitate another complete review pursuant to this section it map specify which agencies shall review anp prelirdinary plan revision, and where appropriate, it may waive fts own review of plan revisions. (January 17, 1879} ~'~ J *III - D - 4 -d. The Board of County Commissioners shall review the proposal, including the Planning Board action, and shall approve, approve with • conditions, or disapprove the proposal. If the Board approves with conditions ar disapproves t:e proposal, the reasons sha31 be stated in writing to the developer and entered into the minutes of the Board. • *Amended Effective (danua~p 17, 1975) • _,~. -sl- SECT t ~~ ~ ltlP.F.AYEMENT.S - 8sfore a final pint of a subdivision shall be approved ,_ 1_mQrovements shall be Prov a as fo lows, yr a security bond, or cash. or a sans#actory. Irrevocable tatter of credit by an~approved Institution and as approved by the Orange County Attorney shall be posted with Orange County by the subdivider to provide for the completion of the required improvements. Mhere a neighborhood or homeowners association or similar legal .entity is to be responsible for the maintenance and control of any improvements required as part of subdivision apprQVal~ the subdivider shall ##le with the Planning ©apartment and record with the final plat, a declaration of covenants and restrtctions, art?ties of incorporation, where required. and/or by-laws as approved by the County Attorney that will -govQrn -the maintenance and control of such improvements. T~rovisions shall include but not be 1lwlted to the following: (H) The a~s9c i at i OA HhA 1 1 ~3e ~Estab ! i sljed before any hooves are sold and any building . occupied; . - ~ - - (b) Membership shall be mandatory for each home boyar and a1I successive buyers; - (c} The association shall be responsible for - the liability insurance, local taxes and maintenance of recreation ahd Other facilities. including streets and utility ' - ! i nes; - - (d) The homeowners must pay their pro rate •_ share of the costs, and nny sums levied by the assoc i ati~- that rea-a 1A nApa f d shat 1 become a lien on the IndivJduaJ homeowners .~ - property which shall be subordinate only to tax and mortgage ltens;~' - ( e) i # -a i I or any portion ~of • -~ha ,~property - ~ held by the association Is -being disposed o#~ or i# tKe assoctetiaA is dissolved. .•.- adequate recreation specs shall be dQeded - -••• •-• •••- - - •- to prangs County or the appropriate •unit - ~ - - of i oca 1 government to satisfy the . ~- requirements for public recreation spate - ~+nder Sec#ion IY-$-7-b flf this Ordinance; r ~ ~~ _~,_ • • Y-A Y~R-t V-R-2 (f) The owner of eech dwelling unit or lot shall. have voting rights in the assoclatton; and (g) The homeowners association shall be able to adJust any assessments to meet changed needs. Mhsre articles of incorporation are required. they shall be sub+nltted 1n the form 1n which they will be filed with the North Carolina Secretary of State and, upon filing, a copy of the articles of 1~+corporatlon shai# be provided to the Planning Department, ~- 5TH Grp 3'ttld 9: Street rights-ot-way •shall be .graded in accordance with the lines and grades shown on the approved Preliminary Plan and lr accordance with the roquirements of this Ordinance and the N_C. Qepartmeat of ~`ransportation. pre, ti~ es~ed i ee r. °~ti lepfov~ments proposerd 6y tfie subd Yv 1-der or regalrsd by thin ®rdinance, such as street peae~nen#., carb and gpttsr, and- s ldewa iks, shall be constructed in eccordmncs with the standards and requirements as provided in this ©rdlnancs, rovld®d that where said ~ l~ rave~nts are- to be construe#e se se aesr to the a rowel of tAe fieml Plat,. lams aid spec) icatlons for Bald is rovemsnts s a bs approved b the a ro r ate a enc and re ert~nce to sal d i ~np r~3vstnsnts she 1 1 a ma e a pert ~# tfis Finni Pis# as provided in Section 1 - -a-d herein. =€S- .. ~~ • use V - B.•~ STORM WATER MANAGEMENT V - B - 1. It shall be the responsibility of the sibdivider to provide a design which shah meet the following objectives. A) Provide a suitable building area on each lot which is safe from inundation and egosion. D) Prevent inundation of surface water into sanitary sewer systems, septic tank ab- sorption fields, pt3blic or individual water systems, and onto adjacent lots. C) Prevent natural runoff levels from sub-=: stantially increasing by~insuring that the runoff from the l0 year storm on the developed site shall not be greater than the rate of runoff on the same site in a natural condition. • • ': . *8) Protect the characteristics and capacity of natural drainage ways, and eneoura e reliance on natural drainage ways or etaremoval of runoff by preventing their impoundment, except where there may be a site far intentional storm water detention E) Protect all roads, driveways, utilities, and other types of development from damage caused by improper stoz~wates management. F) Generally minimize the disturbance to natural vegetation, minimize the area of impervious surface and maximize the infil- tration of storm water into the groundwste~ system. • To achieve these objectives the subdivide= may use v~hatever combinations of mechanical •dev#ees, aaturil buffers, large lots, or other technical means that are available. .Drainage easements may be required when necessary. Such easenSeats shall be indicated oa the Final ,~ Plat. The relimina -inn shall be reviewed by the Orange~£ount~ EroE~,on Contra •cer and the_Depa,rtment of Transportation. *Amended Effective (January 1?, 1979) _~~_ -.,~- ~~~ i• V - B - ~. Fro osed Araina e - The installation 6f any D.3~'~: ~ _ a _'rA rnA nos a;vri_am m}~ i^.)': necessary because of proposed improvements as set forth in subsection 1 of this section ~ map be installed subsequent to the approval o~`~ie dal ~ : arovi t at~'ana an sx~ec fxcatlons of sa~'~~m -rov~nt s 1?`be apgroved b the a ro riate a enc snd ~e a=eace to s i rovements shall a made e part o e na at as prove a in Sect I Subsection E - 5 - d herein. i• i~ ~. ': -7~- ,~ 09ci ~' *V _ C. WASTE WATER DISPQSAL v - G - 1. Provision shall De made for waste water disposal for each lot platted far sale or dot~el.,,,,,,,m,.,. ~. ~ f., v~r.aw~a ~. ran .Ji li+'4e= V - C - 1 - a. Plans for a proposed public or cor~-unit . sewage system shall be approved by, the Health Department Director or the Division of Environmental Mar~agenaant of the Department of Nntural and Economic Resource whichever is appropriate. Said system shall be completed according to the approv~a d herein. V - C - 1 - b. Where individual on site waste disposal systems are proposed, such systems shall be consistent with State Laws and local ordinances. These systems arse not consi- dered as improvements that are required .. to be installed by the subdivider. ~:. ~~ Amended Effective ~~snuary 17, 14?9) '77a ~~~- U~~ ~ V - D, WATER SUPPLY V - D - 1. Plans for proposed community water supply systems shall be approved by the Health Department Director or by the Division of Health Services, Department of Auman Resouree€ whichever is appropriate. Said system shall _be completed acco:ciing to the approved plans; . ~ provided that•where said improvements are to . ~ bps installed or constructed s se uen o e a~roval o e Final Plat, ans an speci ications for said im rovements s~iall • ~ _ approve y e a ro ra.ate a enc an re erence to sai ua rovements s a made a part o the anal Plat as prow a in ectzon III,_Subsection E = 5 ~ d herein. V - D - 2. It is the intent of thiffi ordinance that lots not served by a public or approved eottmnunity water system shall have individual • water supplies approved as provided by State law and local ordinances, whichever is appro- . priate. These systems are not considered as i.inprovementg that are required to be installed by the subdivider. •~ r~ -7~- • O R A N G E C O U N T Y BOARD OF COMMISSIONERS U ~ ACTION AGENDA ITEM ABSTRACT Meeting Date ,!lLtl~l~s._1~$Z Action ends Item SUBJECT: POllCY - APPLICATION OF AMENDNENTS TO SECTION IY'B-8 OF SUBDIYISiON REGULATIONS ACTION BY: June 16, 1987 • DEPARTMENT: PLANNING Attachment(s) PURL I C HEARING _,,,,r,Yss ~~ No information Contact: Emily Crudup Approved amendments to Section IV-B-8, Subdtvtsion Regulations Exempt Subdivision List Telephone Numbers FIi I 1 sborough - 73.2_-8181 Durham - 688--7331 Mebane - 227-203 1 Chapel Hili - 968-4501 PURPOSE: Consideration of a policy for applying landscap ~~~ ~ requirements to subdivision applications that were i process when the new standards went into effect. BACKGROUND: On March 24, the Board of County Coma-issioners approve amendments-- to Section tV-B-B, landscaping and Buffs Requirements, of uthe Subdivision Regulations. These amend ments allow more flexibility in the installation of require plant materials. Plant sizes at inst~lllation were reduce to minimize cost to the ownerldeveloper. The amendment apply to all new subdivision applications. R~ Enforcement of Section iV-B-8-c-1 was suspended by amore Corium passed by the Commissioners on December i, 1986 This moratorium was no longer valid when the amendments fiver adopted. At its April 27, 1987 meeting the Planning Board recommends the follorring• policy. Subdivisions wil! be exempt fro compliance with Section IV-B-8-c-1, Required landscaping if (1) in the case of maJor subdivisions, preliminary pia approval was obtained between December 1, 1986 an March 24, 1987. • (2) in the case of minor subdivisions, sketch plan approva was obtained between December i, 1986 and March 24 ~~~ 1987 . The recommended policy was presented to the Board of Commis stoners at its May 19, 1987 meeting. At that meeting the Board of Commissioners on the advice of the County Attorney deferred action on the policy until he could meet with the Planning Staff to discuss handling the situation with ai ordinance revision rather than a policy. That meeting ha: been held. The following recommendation results from tha~ meeting. ~~ RECOMMENDATION: The~County Manager recommends approval of the propose policy as recommended by the Planning Board with the following additional condition: - That the Planning Staff be directed to bring forth an ordinance amendment to implement the policy, i.e., set thf effective date of the amendments to Section IY=-B~B- c-t a: March 24, 1987. ~ ~ ~ ~~ • -.~ we i 1 to ~a i I ow the tree to Drenthe and u~~ a 1 10.- Mater to reach the roots. - Yeh)cular traffic, storage of heavy equipment and stock- piling of soil or other materiels shall not De permitted within the drip Fines of trees to D•-retatned. Except for sidewalks.and turb and gutter, no paving with con- crete, asphalt or other impervi-ous waterial -within the drip line of-trees to be retained ahail be allowed. i V-8-8-c !1 s~~.R~nn>~~r~ +~Amended Mher• a subdivision is proposed either on unforested 5-24-87 land or trees have bash approved for removal under one - or more of the exceptions ilsted in Article IV-9-8-D-2 above, .new trees shall De pfented in accordance with the provisions of this Section. . 1 Y-8-8-C-1 R ~u 1 red Lend~e~i~ .,' - +~~Amended As a requ i reagent ~of subd 1 v i s 1 on ap-prove 1 , the subdivider 3-24-87 she l I p I snt .trees a long -the -~trontage of both s ides of - ail existing and proposed streets in the subdivision. in calculating the number of trees required per lot frontage, tree types have been assigned a value in linear feet based on the •versge eature canopy spread. Ths values are forty top) feet for large, deciduous tress and twenty-flue t25) feet for small trees. £ach lot, inciuding approved recreation/open space areas, must have at least one t17 large tree per street frontage (value of 40 feet). The number of trees to De planted on the rswaintng frontage ttotal frontage less - value for one large tree) is determined by dividing the remaining frontage by the vnlue(S) assigned to tree types selected for planting by the subdivider. For example, the number of trees required on a Iot having a frontage of i30 fast vrould be calculated as foi tows: ' TOTAL LOT i`RONTAGE 13D feet -LE c~ - V AL uE /RE t,U t-RI;D L ARG€ TRE>: , a , EQUALS: REMAINING LOT PRDNTA6i` 90 fast -- Oation €1 ~ ALL ~~„I$~S 90 feet divided by 25 test {valuo for small tree) 3.b or 4 trees. Required number of trees = 4 email trees + 1 required large tree. Dn+ton ~2z ALL 19RGE TRESS 9D feet divided by 40 feet (value for large tree) 2.3 or 2 trees. r ~ ~~ u~~ Required nuwbsr of trees 3 large trees t1 required + Z optional). o- t! ~,~+.~... ~S?~IB J aAT~ ON L~_8d~..:MA~i...?R~ 90 feet - 40 feet t i Large tree? ~ 50 feet. . ' ~ SO feet divided Dy 25 feet = 2.0 or 2 swa l 1 trees. Required nuwber of trees ~ 2 large trees t1 requlred + i optional) + 2 swab trees. Upon installation, trees shall be space-d at least fifteen tt5) feet apart, but preferably no greater than tha spread of the canopy norwaily achieved by the tree species upon waturity. Street trees shall be planted Mithin the requlred front yard setback area. Selection and Location of t=tees shall consider existing end future site conditions including. but not j.ielted to, overhead andl~Or under= ground 'utility Ilnes,- vehicular access drives, the location and extent of .existing vegetation, and soil suitability. Select ton of .tree types shsil bb made from the Ilst of acceptable plant waterials~ provided in Appendix C. - ~. In addition to street trees, there shall be at least one (1) tree for every one thousand 11,000) square feet of land area located in required recreation or open space area, and side -and rear yard setback areas as required by this Ordinance or the Orange County Zoning Ordinance tsee sketch below). Approved play fields, building sites and other similar recreational facilities are exewpted from landscaping requirements. For the purpose of calculating the nuwber of trees to De planted ~~n unzoned townships, a forty (40) foot front yard setback shall be used, and required trees shall be planted Mithin that setback. A twenty (20) foot setback shall be used along side and rear property ilnes-for the same purpose.. - - - U~c • STRRES stcOY-oi•MAt !0' .ISO• 20• ~ L Trees to be planted within recreation and open space areas, and side and rear yard setback areas shall be installed to reflect the natural groKth patterns of materials selected. Tree species shall be spaced 1n a manner Mhich permits full spread of the canopy upon maturity and shall be selected from the list~~af~accept- able plant materials in~ Appendix C. Mhen buffers, as required by Section IV-8-8-d, or approved utility and drainage easements overlap or Cross setback or recreation and open space areas, those areas shall be exempted from computing the number of required plant material to be installed. Existing vegetation may he used to meet the requirements of this Section, pro- vided, however, use of such vegetation will be deter- mined by site inspection by' planning Department personnel. SIK tARO AaiA • 20• s 00' • 1000 f0.~'S. ::ne tARas • sD.rr RRAR YARD 1R~A 20• s'100' 2400 iD.FT• T02AL~SIOE/RBAR TAROS ~ S•OO iQ.M . DItIDLD RYaI TRti/1000 SQ.iT. S.6 OR :6 ?R6ES ~ - ' ' ~ ~ ~, . Vv • 1 V-B-B-d elf ~g~; i re___.~1e .. Buffers shall be required to separate a proposed suD- dietslon from ad3acent major streets and different land uses or Zoning designations {n order to protect, pre- serve and proeote the vlsua! appea{, character and value of the proposed subdivision and/or surrounding property; to provide for the separation of spat:s and provide for a sense of privacy; to proeote~the public heoith, safety and welfare through rinimiZing potential nuisances such . as the trans:aission of noise, odor, dust, litter and glare of Ilghtsz and to provide screening between incom- patlble land uses. Except as otherwise specifically provided in this Ordinance, the type of buffer requlrod between a pro- posed subdivision and adjacent streets, land uses or zon 1 ng des i gnat ion a she I ! be .spec i # I ed i n Art 1 c ( e 1'V-8- 8-d-3 of this Ordinance. ~ ' 18-6-$-d-1 ~ Drat jen_ eh~ Usa..pf BLt~.gr` ~~~~ ~+.w ~ ~ ~ Required buffers shaii be located along the interior or street lot lines nearest the ad,jacen# 'streets, land uses and/or zoning designations. Buff ors shall not be l~o- cated on any portion of an-existing or proposed street ' r ] ght•of-way or ut 1 1 1 ty easement, ~~ No building or structure of any type sha11 be erected, constructed or installed-in a required buffer area. 1 v-B-8-d-2 4~gi.aaatl+a~_..Q..f.i $ A required buffer shall be platted lots and shall have lettered on the face of both pieta of the subdivision: designated es a part of the folioNin_g restriction the preliminary and final and u~d .8sf~er ~ The ~ use and ~-a 1 ntenahce of th i s buffer and the building of structures therepn i5 restricted pursuant to Article I~B-B-$-d of the Oran®e County Subdivision Rogu~lations.a -~ The nature of the street, land use at+d/or zoning deslg- nation ad1ointng the subdivision and/or the required buffer abaci alas be noted on the plat. C7 •. '/.' . ~ ~ U~d ~~~~~~~~ ~~~~J~~~~~~~ _ ._., __ Rign:-o'`-waY i ieslp+'opet:Y 1 it-e -'~"'~"""~ - ~•"""~~' Su i 3 d'+.s g se :~ tk line ~...... ..... ....... -.~.. ~.~. /~`~ Prp~QNed Protiossd . , Sx~s:ing ` 'r Ja~a11 :ree" large fret tree ~~,,// ~wt~~ velue~ ~ ~k0'' vt,luc~ _ 1 - ~ €xis:ing ~ j ..refs . _/~ ~ ~ I• Se «~a ~K~ ~ ~ ~i/i~/ - ~ }---' • +h / '• + '1' ~ • • • o~` ~ aN ~ ~ 5TP.~`z` it3 ~li7-Oi-•uAY - r // / _ f' %///// f . ~ -~ ..... ..... f ... -~ ~ i~sau i red ~ ~ :-e=s in .t~ Li •_ s i a e end .. ~ ree r S= =bs ~+cs S T ~ ~1~~VC~ srij• i~a/ -~ ..~..._. 4 _.~.._ _ .~~ ~._... ~`~.../ __~_ ~ .R. ~~~4. i. ' 1V•@-S-d~3 • • The type of buffer required bet«een a proposed sub- division and ad,~acent streets, Land uses and/or zoning designations shall be as .specified in the folio«ing table. The type of buffer required is determined by the existing and/or proposed principle uss(s~ in tha sub- division for which~approvai is requested. To determine Mhich type of buffer is required ad~acont to en existing endlor proposed land use, identify the existing and/or proposed princi-pie use(sl in the subdivision, then identify the ad3acent existing and/or proposed Land uses. The type of Duffer required is identi#ied at the intersection of the t«o columns. To determinQ «hi~h type of buffer is required adjacent to tend MhiCh is vacant and designated in a particular zoning district, identify the existing andlor proposed principle use(s~ in the subdivision, then identify. 't he adjacent vecent land zoning designation. The type of ~. .•.. 1~~ ti/3) larger than the root halt. if the soli is . poor, holes should be dug two t2) or three t3) ti~aes larger than the bail and backftiled with rich top soi-l. tb) Plants should be planted in their permanent location irmedlately upon delivery to the site. Plants should be installed so that the top of the root ball is one and oae half ti 1!2) inches below ground .Isvei. String around the star of the plant should be rerovad and the burlap around the root ba 1 1 ~ fo 1 dad froth the top after the ~p 1 ant 1 s 1 n the hole. Soli around the plant should be Carped to rerove air pockets, and a good mulch applied to - help retain roisture._ t c) A l l uses shoo I d be strked to prevent ~r i Ad s f rota loosening the r-Dots, td) /111 plants should be soaked thoroughly wlth~Mater irwediately after planting-and once a ~eek~t~un~less soaking rains Decor) thereafter during the first growing season. teJ Dsciduous trees and shrubs should be cut back to -between one•halt tiJ2) and one-third t1/3) their or)ginal size foilowing planting. Evergreens are repaired to have only. light pruning and shaping after transplanting. Mhsre new landscape materials are to be installed, the type of f andscape mater is l to be used i n tNeet t ng the requtrements of this Article should be compatible with plant materials existing bath on the property to be subdivided and on ad3olning properties. No synthetic .p I ant mater 1 a i a shoo 1 d be used to satisfy the req.u i re- ~BhtS. +~Arend-ed At installation, trees should not be less than six (5) ~•34.8~ to eight_ t8)~feet in height with a caliper of three- tourth .t3/4) to one and one-fourth t1-1/d) inches. Shrubs should not 'b! lass than eighteen ,t1B~_ lashes ?n he I ght aft®r i hats i i at 1 on. t Hate 1-1 let i on and- consfiruc• tion practices -should-be utiilz~d which preserve and rep lace -ex 1 at i ng topso t ? .~ The owner of the property will continued proper •eintsnant:e raterials and should keep theta orderly appearance, tree from accordance with the provision Ordinance. be r_eepons i b 1 e for the of all landscaping 1n a proper, neat and refuse and debris, in s of Artiste V of this • ~ ~. .~ • . • ~VI 11 NAJOR SUBDIVISIONS EXEMPT FROM LANDSCAPE REGULATIONS Fox Meadow Sec. 4 Huntsmen Trace Sec. 2 J d J Property Ti.berwood Farms Eie Grove Esoderrick Gates Sunnyfield Flve Forks Moodbrooke Meadows of Eno 20 MINOR SUBDIVISIONS EXEMPT FROM LANDSCAPE REGUl.AT10NS __~ Shields, Robert S. d Betty . flrenson, Donald A.~ - Sketeh Naughton, Steven !.. - Sketch ~. G111and, E! i ison - .-~ Miikerson - Sketch ~_ Parrtah, Theodore Sketch Terrell, Judy d Pau! ~= - - Jacobs - Sketch ' •• ~ . • Morris, Ne 1 1 T. '- Ray, Delores d Kerry . -~ ~ Yeargan, 8r t an J ackson - McAdams, Howard Parker, S.d. Rigabee, Robert 8 Mildred McCu t i ock, .T•ony k'atk i ns, Edne 'Tinnin, Lacy d Yiole . Parr i sh, Theodore Poo 1 e, J eant~e • Section XIIIE: del®te "or his or her dee~.gnes." Section lCVIC: delete "or person duly authorized by the Animal Control Director." Section XXA: delete "or other appropr~,ate representative of the Animal control Program." Section XXIA.I.b: delete "or person duly authorized by the Animal control Director." Section XXIIC.1: the phrase "Any official authorized by the" preceding Animal Control Director should be omitted. il. Reword Section IX to require that dogs be under the control of the owner... 12. Clarify that Section XIH refers to a vehicle "without ventilation." Place a comma after "trunk o~ vehicle" and continue with "or closed compartment of vehicle" and delete the section dealing with animals transported in an open bed of a pickup truck. 13. Delete Section XIJ which makes 1t unlawful to tie or restrain an animal on public property for a period of thirty minutes or more unless that animal has access to adequate food and water and adequate shelter. 14. Rewrite the last clause of Section XVC as follows: "in any event, and except as may be otherwie-e provided by law, the Animal shelter and Animal Control program shall have no liability for euthsnizing wounded or diseased animals when such action is taken upon 'the advic® or recommendation of a veterinarian who has been advised of the animals condition." 15. Delete from Section XVI "or citation". 16. Leave Section XVIIi requiring cats to wear valid rabies tags. Motion was made by Gommissioner Carey, seconded by Commissioner Hartwell to approve the Animal Control Ordinance with the changes as listed above and to refer to the Board of Health Section MY r®garding commercial and non commercial standards and/or appropriate standards for small and large kennels and request a recommendation to accommodate hunting dogs. VOTE: UNANIMOUS. ~ ~ ~ ~~ . ~/ 7 2. POLIQit-APPLICATIQN OF SECTIONI III-D-4-a Off` THfi SU D V~j,SION REGULATIONS Motion was made by Commissioner Carey, seconded by Commissioner wiilhoit to approve an interim policy which would permit preliminary subdivision plats to be approved withaut required certifications or permits; provided, however, agency comments and/or recomm®ndations with regard to preliminary plats must still be obtained, and, as a condition of approval, required certifications or permits must be obtained from ®ach applicable agency prior to submission and approval of the final subdivision plat and direct the Planning staff to pr®pare an amendment to the Subdivision Regulations which provides consistency between ordinance provisions and actual approval procedures. VOTE : UNANIMOUS . D li ^ !~ , ~y 3. LANDSCAPE POLICY-APPLICATION OF AMENDM$NTS TO SECTION IV S-8 Motion was made by Commissioner Hartwell, seconded by Chair Marshall to approve a policy which states that "subdivisions will be exempt from compliance with Section IV-B-8-c-1, Required Landscaping if: (1) in the case of a major subdivision, preliminary plan approval was obtained between December 1, 1986 and March 24, 1987 and (2) in the case of minor subdivisions, sketch plan approval was obtained between December 1, 1986 and March 24, 1987 and that the Flanning Staff be directed to !.' + bring forth an ordinance amendment to implement the policy. VOTE: UNANIMOUS. 4 MCADAMS T S ~S~,CTI N II-PRELIMINARY,,,,~~, Greg Swymik presented for consideration a preliminary plan for McAdams Estate Section II. The property is located in Hillsborough on the east side of McAdams Road. Six lots are proposed out of 1.82 acres. Motion was Made by Commissioner Hartwell, seconded by Chair Marshall to approve the preliminary plan as recommended by the Planning Hoard as stated below if the policy has been approved allowing certification from the Town of Hillsborough (water and sewer) and the State of North Carolina {water, sewer and streets) prior to the submission of the Final Plat and subject to the following conditions: (1) Driveway access for Lots 3 through 8 must be restricted to Westdale Court. (2) Water and sewer lines must be extended at the expense of the developer and in accord with Town of Hillsborough water and sewer extension policies as follows: (a) Plans must be submitted by the developer to the Town Engineer for review and approval. Subsequent to his approval, the plans must bs approved by the Hillsborough Town Hoard and the stat® of North Carolina, (b) The developer must ax®cuts water and sewer line extensions in conformance with the approved plans and any standards set by the above parties. The developer must also execute all required documents and reimburse the Town Engineer for all costs associated with plan review and approval procedures. The Town of Hillsborough will not commit to providing water and sewer service until the above policies have been complied with. (3) Utilities must bs placed underground consistent with the Town of Hillsborough's Zoning ordinance. (4) Front yard setbacks must be labeled an the tats. The N.C. Department of Transportation (NCDOT) has indicated that site distance is adequate at the intersection of Westdale Court and McAdams Road, however, a flare intersection design is r®aommended. VOTE: UNANIMOUS. 5. R~~IE W~DR - IMINARY PLAN Greg Szymik presented for consideration a preliminary plan for Richie's Woods. ThQ property is located in Little River Township on Kim's Drive. One lot will be created from a 10.72 acre tract. Motion was made by Commiecsianer Carey, seconded by Commissioner Hartwell to approve the Preliminary Plan subject to four conditions: (1) No further subdivision shall be permitted of tract 1N. (2) A "Class A" Private road must bo eon®truct+~d through the frontage of the tract. (3) Revise the existing road maintenance agreement or prepare a new road maintenance agreement to provide stipulations for public dedication and require upgrading of th® private roads in Spring Crest Meadow to public roads when further subdivision results fn density levels which would m®et NCDOT standards for acceptance of road maintenance responsibility. (4) Provision of a landscape plan demonstrating compliance with Section IV-B-B of the Subdivision Regulations, including locations of existing trees, land use buff®rs and areas to be planted. VOTE: UNANIMOUS.