HomeMy WebLinkAboutAgenda - 03-16-1999 - 9f— — = ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 16. 1999
Action Agenda
SUBJECT: WOODGREEN SUBDIVISION - PRELIMINARY PLAN Ism
ACTION BY: March 19,1999
DEPARTMENT: Planning & Inspections PUBLIC HEARING: Yes X No
BUDGET AMENDMENT REQUIRED: Yes X No
ATTACHMENT(S):
Resolution of Approval
Application
Vicinity Map
Health Dept. Recommendation
Planning Board Minutes
Neighborhood Information Meeting Summary
Fiscal Impact Analysis
Preliminary Plat
Proposed Restrictive Covenants
Draft Minutes of 2/3/99 Planning Board
INFORMATION CONTACT
Karen Lincoln Extension 2583
TELEPHONE NUMBERS:
Hillsborough 732 -8181
Durham
688 -7331
Mebane
227 -2031
Chapel Hill
967 -9251
PURPOSE: Consideration of the Preliminary Plan for Woodgreen Subdivision.
BACKGROUND: The Preliminary Plan for Woodgreen follows the conservation option of
flexible development as described in the Subdivision Regulations. The
applicant, Tri-Star, Inc., proposes to subdivide the property (30.7 acres) into
25 new residential lots with an average lot size of 1.03 acres (smallest lot
size of 0.92 acre). The proposal includes 11.04 acres or 36% open space.
The property is located in Cheeks Township at the southern intersection of
Moorefields Road (SR 1135) and Dimmocks Mill Road (SR 1134) on the
east side of Rocky Run creek as shown on the attached vicinity map. The
current zoning is Agricultural Residential (AR) and Upper Eno Protected
Watershed. (The maximum amount of impervious surface in new
residential development, outside of Transition Areas, within the Upper Eno
Protected Watershed is limited to twelve percent.) Adjacent land uses are
residential.
Site description: The total acreage of the tract is 30.7 acres. Most of the
property is wooded except for a 4 -acre open field in the central portion of
the site, which is also a ridge top at the highest part of the site. In addition,
2
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-a 2 -acre open area is located at the southeast comer at the intersection of
Dimmocks Mill Road and Moorefields Road. Hardwoods dominate the
western two-thirds of the forest on the west side of the ridge. Pines are
predominate on lots 1 through 6 east of the ridge line.
The majority of the site slopes gently at a gradient less than 7.5 %.
Approximately two-thirds of the site drains directly into Rocky Run which
flows north along the western boundary. The eastern third of the site drains
to the north and eventually to Rocky Run downstream of Woodgreen. A
small area of moderate slopes (7.5% to 15 %) is found in the required
stream buffer near the southwest corner of the site.
The open space will be privately owned as part of the lots and will be
reserved through a conservation easement or restrictive covenants. Open
space will protect wooded land on gentle slopes, Rocky Run, the 100 -year
floodplain, the adjacent stream buffer, buffers along Dimmocks Mill Road
and the eastern subdivision boundary, as well as the natural drainage swale
across lots 1 through 7. The open space will also minimize visual impacts
of the subdivision by preserving the open area adjacent to Dimmocks Mill
Road.
The lots will have individual wells and septic systems. The Health
Department has authorized that each lot contains provisionally suitable
soils sufficient to locate a septic system to accommodate a three bedroom
house. Information regarding the recommended type of system proposed
for each lot is attached. A PPBPS system is recommended for lots 3, 4, 5,
10, 11, 12, and 15. A prefabricated, permeable block panel system
( PPBPS) is a specially constructed type of trench, that is state approved,
that allows a 50% reduction in nitrification trench over a conventional
system. Remaining lots have been approved for an innovative type system
which is the type of system requested by the developer. An innovative
system is one of five types of space reducing systems approved by the
state. The design flow, type of system, and pump requirement are subject
to change based upon the application for the construction authorization for
each lot.
Access from the lots to Moorefields Road is to be provided by two
proposed public roads, Pine Ridge Road and Cedar Ridge Road, built and
paved to N.C. Department of Transportation standards. A publicly
dedicated stubout with a 40' X 50' (temporary) turn around is provided at
the end of Pine Ridge Road to the adjacent northern property for future
K3
-The Concept Plan was approved by the Planning Board (by a 7 to 4 vote to
approve) December 3, 1997, with three conditions:
1. Access to all lots shall be limited to the new subdivision road;
2. On the Preliminary Plan, include a 40 -foot buffer along Moorefields
Road as part of the open space protected by restrictive covenants or a
conservation easement. Provide additional landscaping for screening
on lot 27 between the building site and roads; and
3. With the Preliminary Plan, submit draft forms of the homeowners
association documents and restrictive covenants or conservation
easement which contain use and maintenance provisions for the
common open space and buffers. The restrictive covenants or
conservation shall designate a back -up grantee, in the event the
homeowners association is eliminated.
In addition, the Planning Board requested that a second Neighborhood
Information Meeting be conducted once the plan was approved by the Health
Department. Such a meeting was held on September 28, 1998. A summary of
that meeting is included as an attachment to this document. Discussion included
street lights, enforcement of private covenants versus enforcement of zoning and
subdivision regulations, and issues regarding entrance from Moorefields Road
versus entrance from- Dimmocks Mill Road.
The Preliminary Plan - reflects the following changes from the Concept Plan.
• The number of lots has been reduced from 27 to 25. Lot 27 has been divided
between Lots 1 and 2 to provide an area for septic systems for those lots.
Lot 18 (on the western portion of the subdivision) has been eliminated in
order to increase the area in Lots 10 - 17.
• The Preliminary Plan includes a 40 -foot buffer along Moorefields Road and a
40 -foot wooded buffer across the northern property boundaries of Lots 7. 8
and 9 as part of the open space protected by restrictive covenants or a
conservation easements.
• The Preliminary Plan shows a thirty foot drainage easement along the draw
below the outfall of an 18 inch culvert under Pine Ridge Road across Lots 12
and 11 to Rocky Run per the recommendation of the Erosion Control Officer
• The Preliminary Plan includes landscaping for screening including twelve
Leyland Cypress on lot 27 within the 40' buffer along Moorefields Road and
Leyland Cypress along Dimmocks Mill Road sufficient to meet ordinance
requirements.
4
t matte Preliminary Plan proposes to develop the property in four phases with six
(6) lots to be developed in Phase I, nine (9) lots in Phase 2, four (4) lots in
Phase 4, and three (3) lots in Phase 4. The applicant proposes to complete
the development within five years.
The Fiscal Impact Analysis prepared for Woodgreen Subdivision is included as
an attachment. Section 6 indicates expected revenues generated from this
development will be greater than expected expenditures the County will incur as
a result of the development.
On February 3, 1999, the Planning Board voted unanimously to approve the
Preliminary Plan for Woodgreen Subdivision subject conditions stated in the
attached Resolution of Approval.
RECOMMENDATION: the Administration recommends approval of the Preliminary Plan for
Woodgreen Subdivision with public roads and subject to the conditions
contained in the attached Resolution of Approval.
5
RESOLUTION
L
THE ORANGE COUNTY BOARD OF COMMISSIONERS
Date March 16, 1999
Name of Subdivision Woodgreen Subdivision
Owner /Applicant Tri-Star Brokerage & Development, Inc.
Dennis Evans, Mike Barr
The Board of County Commissioners hereby approves the Preliminary Plan for Woodgreen
Subdivision as shown on the preliminary plat dated February 9, 1998, and revised December
29, 1998, subject to fulfillment of requirements specified herein.
All roads shall be irrevocably dedicated to the general public and be constructed to standards of
the North Carolina Department of Transportation ( NCDOT). The approval of this resolution
authorizes and directs the Orange County Manager to accept for the County, and on behalf of
the public generally, the offer of dedication of Pine Ridge Road and Cedar Ridge Road. This
acceptance of dedication to the general public shall be without maintenance responsibility.
These roads shall be maintained by the owner /applicant (Tri-Star Brokerage & Development,
Inc.) until such time as they are accepted for maintenance by NCDOT or some other
governmental body.
Before the Final Plat of Woodgreen Subdivision can be recorded:
A. Sewage Disposal
All lots shall contain adequate septic disposal and repair areas, approved by the
Orange County Division of Environmental Health.
2. Disclosure that the septic system location may restrict the size and location of
improvements shall be included in a document describing development
restrictions to be recorded concurrently with the Final Plat. The document
disclosing that information on the tentative location of septic systems is available
from the Division of Environmental Health.
3. The septic line connections from Lot 1 and Lot 2 to the portions of those lots on
the west side of Cedar Ridge Road shall be shown on the Final Plat as well as
the easement on Lot 1 for the septic line connection from Lot 2.
4. Disclosure that all lots have received improvement permits from the Orange
County Division of Environmental Health for three bedroom septic systems using
innovative design pursuant to 15A NCAC 18A.1969. These lots would not be
approved without the innovative system design.
B.
Roads and Access
1. Pine -Ridge Road and
standards within a 50
approved by NCDOT.
E
Cedar Ridge Road shall be constructed to NCDOT
foot right -of -way. Construction shall be inspected and
OR
A letter of credit or escrow agreement or other security shall be submitted to
secure construction of Pine Ridge Road and Cedar Ridge Road to NCDOT
standards. An estimate of the construction cost must be prepared by a
certified/licensed engineer or grading contractor and submitted to the Orange
County Planning Department. The financial guarantee must reflect 110 percent
of that estimate and be issued by an accredited financial institution licensed to do
business in North Carolina.
The document describing development restrictions to be recorded with the Final
Plat shall state that the financial guarantee will not be released until the road
construction has been inspected and approved by NCDOT.
2. An erosion control plan for construction of Pine Ridge Road and Cedar Ridge
Road shall be submitted by the applicant to the Orange County Erosion Control
Division for review and approval.
3. Sight triangles shall be shown at each intersection as required by NCDOT.
4. Access to all lots shall be from the internal subdivision roads, Pine Ridge Road
and Cedar Ridge Road, exclusively. No lots shall have direct driveway access
onto Moorefields Road (SR 1135) or Dimmocks Mill Road (SR 1134).
5. An approved street name sign shall be erected at the intersection of Pine Ridge
Road and Moorefields Road (SR 1135) and at the intersection of Cedar Ridge
Road and Moorefields Road, as required in Section IV- B- 3-c -12 Street Name
Si ns of the Orange County Subdivision Regulations. The applicant shall submit
either evidence that the sign is in place or a receipt for purchase of the sign.
C. Land Use Buffers and Landscaping
1. Landscaping shall be installed or preserved as indicated on the approved
landscape plan and must be inspected and approved by the Planning
Department prior to final plat approval and again prior to the transfer of control of
the Home Owners Association from the developer to the home owners as
provided by the recorded Declaration of Covenants, Conditions and Restrictions
for Woodgreen Subdivision. A letter of credit or escrow agreement or other
security shall be submitted to secure landscaping which lertter of credit shall
remain in place until the earlier of the following two events: 1) seventy -five
percent (75°x6) of the lots in Woodgreen Subdivision have been sold to other than
another developer, or, 2) provided fifty percent (50 %) of the lots have been sold
to other than another developer, December 31, 2004. The financial guarantee
shall be accompanied by an estimate of the cost to purchase and install the
required landscaping prepared by a nursery operator, landscape contractor,
landscape architect, or other individual qualified to calculate the cost to complete
the required improvements based on the approved landscape plan and who has
C.
Q
E.
F.
7
Land Use Buffers and Landscaping (cont.)
no-direct or indirect ownership interest in the project. The financial guarantee
must reflect 110 percent of that estimate and be issued by an accredited
financial institution licensed to do business in North Carolina.
2. Provisions for protection of existing trees as shown on the approved landscape.
plan shall be included in a document describing development restrictions and
requirements to be prepared by Planning Staff and recorded concurrently with
the Final Plat.
Drainage
Impervious surface data for all lots, pursuant to Article 6.23 Extra Requirements
for Watershed Protection Overlay Districts of the Zoning Ordinance, shall be
included in the development restrictions and requirements document to be
prepared by Planning Staff and recorded concurrently with the Final Plat.
2. Drainage easement for lots 11 and 12, as required, shall be located following
review and approval of the Erosion Control Plan.
3. The 100 -year flood plain and stream buffer for Rocky Run Creek as proposed on
the Preliminary Plat, shall be contained entirely within the area indicated on the
Preliminary Plan. The width will range from 60 to 110 feet beyond the 100 -year
flood line, depending upon vegetative cover types and percent -of -slope
calculations as set forth in Article 6 23.7 Stream Buffers of the Zoning
Ordinance.
4. Drainage culverts shall be sized and iocated as required by NCDOT and the
Erosion Control Officer.
Parkland
1. Twenty -five lots are to be created with n 'he proposed subdivision located within
the service area of Cheeks District Para As per the decision of the Department
of Recreation and Parks, cash in the amount of $11,375 ($455/lot) shall be paid
to Orange County as payment -in -lieu of ;;arkland dedication.
Miscellaneous
1. The Final Plat shall contain a title t:Icck and vicinity map in accordance with
Section V -D-2 Title Block and V -D -3 V c.r ity Map of the Subdivision Regulations.
2. The following easement shall be shown on the plat:
a. Drainage easement as required above in 10.2.
F.
Cq
0
Miscellaneous (cont.)
b. -Easement on Lot 1 for septic connections from Lot 2 on the east side of
Cedar Ridge Road to portions of Lots 1 and 2 on the west side of Cedar
Ridge Road and easement across Cedar Ridge Road right -of -way for such
septic connection(s).
3. Minimum building setbacks, conservation areas and easements shall be stated
on the plat and in a document describing development restrictions and
requirements to be prepared by Planning Staff and recorded concurrently with
the Final Plat.
Certifications
1. A Certificate of Survey and Accuracy signed by a registered Land Surveyor shall
be notarized on the face of the Final Plat.
2. A Dedication and Maintenance Certificate, as provided in Section V -D -6 -b
Certificates of Dedication and Maintenance of the Subdivision Regulations,
signed by the landowner and developer, shall be on the face of the plat and
included in a document describing development restrictions to be recorded
concurrently with the Final Plat.
3. NCDOT shall certify that Pine Ridge Road and Cedar Ridge Road have been
constructed to State standards or that construction plans have been approved.
4. A Certificate of Approval shall be signed by the Planning Department.
Dennis Evans Beverly A. Blythe
Tri-Star Brokerage & Develgpment, Inc. Clerk to the Board of County Commissioners
Mike Barr
Tri-Star Brokerage & Development, Inc.
We, Dennis Evans and Mike Barr, for and on behalf of Tri-Star Brokerage & Development, Inc.,
accept the above listed conditions of subdivision approval and acknowledge that each must be
met prior to recordation of the final plat.
Dennis Evans
Mike Barr
Date
Date
APPLICATION FOR PRELINI1NARY PLAN APPROVAL. �
_ T MAJOR SUBDIVISION
- ORANGE COUNTY 0 r ;
• OA ! I
PLEASE TYPE OR PRINT (INK ONLY) L=J
SUBDIVISION NAME-
LOCATION: eewo i ri�mmerlrc �ti >� .
OWNER/DEVELOPeL- M! ►•sT1►L sue tttAt � fltlttRLecrvase�T � I�JC
ADDRE33: Z++oO fllrilfll�CrL M�1L P.a1 TMVHCNFN04 Gy -oSQj
AGENT /CONTACT: Ofs►1►114 1>E�1M4wiS TELEPHONE NO.:. G4y.0393
OL M. ft� 15 A,dt 7 83 69/8
A. SUMMARY INFORMATION.- . ; ` 3. l•S
OrwWo County Tax Map Block Look) .3-57.7 Township CoGgyilp
Zonis D'�stri I )•
g -
To* Number of Acres:
Phases:
Total Number of Lots: Z —Average Lot Size: lam_ Minimum Lou,
Numberlrype of Structures: loxisdngl NoeJtt
(proposed)
Lineal Feet In Strestr. 2297
Acres in Open Space: _
Water Suppiy: , yjgliz Public (specify)
—
_ Community
—
Wastewater Disposal:._ _ Public (specify) �_ Community
School District: =y lRygu A
Fire'Distriet: jjI
es
General Land Us in Area: Fat -M )
e6S►eaEey't'► w-t-
Individual
Crrttcal Anus• sweem/drainageways ✓ flood was*
1A Paid >�� watershed (specify) historic sites
other (exptaat)
Is the property to be subdivided currently under 'firm use value taxation*? Yes_ No- If 'yes',
P14444 contact the Orange County Tax Office. Subdivision of the property may require payment of
deferred taxes under 'fawn use value taxation'.
B. All plats must be submittad:on shoat no smaller than one inch equals two - hundred feet (t' m 2001) and
no Isroer than one inch equals twenty foot 0
20') and must contain the followiiag'inforrnstion:
MOM FS,
subdivision sane _
- v/
g of teat and adjacent.
name a address of owner(a)
name a address of subdivider
/
_!L
Parties
ate&&* ***oak lintso by notation
.�'i
`
-•�-
Of other then ownerl
nasty o!• esOkwer.
WA_ ME
or Wood lei wyaan
location and width of oodslkag and
c
landscape architect or wahhw%
proposed aaprrnnts (drainage.
/ end seal
Mal Prolimkwry �
itios. roads. o
uUtilities. to.)
Ming, proposed and adioining
-�j-
scab. harsh arrow •
*Ots- ofwvay kwkWhv dined ons
ai v
�L..
Qro+�+0 revision dates)
and street nema and state road
0. use fflsl ode
numbers. Lined feat of road
.y 4W a
✓ _
references
Parent Pored Ident(fkadon 0
conterlinea and apps
serspe of now stye t twrt of-
_..._.
deed book and page d of property
wary
to be subdivided
existing and proposed utilities.
boundary doeoribod ystdt b"rkaps
Indud&tp typo. si=n. hydrants.
Ice+
o
--k-00,
and diva sites
total ocreaoe of the treat and
PIA
valves. manhoke
wdstktp and proposed wa ts.
x e
scrsape of lots. Including and
gutters and culverts. including
Q V
excluding area within rights -ot
sizes and grades
v
Well
location and width of alloys.
control corner
sidowalits, bate lanes. transit
systems. and bus *tope
5. Auxiliary documents, in draft form. prepared in accordance with Section VL ni this Ordinance
which sswro completion and/or maintenance of improvements required by this Ordinance.
Such documents may include. but not be limited to. a private road maintenance seen=. ont. and
srtidas of incorporation and restrictive covenants pertaining to a homeowner's association.
These documents may be required as necessary as evidence that the ordinance requirements
are beirig.mt.
e
f!. Fee - 02.00 Pius 03.00 per lot (1 free. for proliminary and final plat).
10 ,
7. If $0 subdivision contains 10 lots or more the following information shall be submitted with the
a�Nurnbet of yeare to buifdout
b• Number of houses to be built during each year to busldout. ilri yW I -#
:31►versoe price of houses including lots for each year to bwldout.
1. the applicant, hereby M—rJfv that the f nAoina application is
and accurate.
DATE
s
O S ' Resiot t FEES: Arneum can Paid /
L1•
proposed lot lines with dimensions �r ",
t"'Cal street Grose-
lot & block numbers
phasing lines
sections and
intsrseetion details including
design and width
topogisphy at"" foot A
of travalway and
shouidere
^'
C
O
intsrvsis ,Y �". -
water bodies,
horizontal alignment and central
SIM streeme, }imad„„ay
and, flood
curve data (public roads)
far$ _,.�
✓ attssen buMlrs
centerline radius on all proposed
location and size of porceb
streets
Parmanant features such ss
O
Is A
dedicated for public use.
buildings, cemeteries, historic.
y w
•.t O
reereatiornal use• or raaervid' in • '�
common. with purpose noted
' Uhdmarks
✓ Gf
adioining lot layout names of
4
,impervious surface data located
in
i g proparty owners. It
y w
in water supply watershed) ..
vicinity map showing
"' subdivided, subdivision plat name,
'Plat
m
,.� general -
location of subdivision with
book & Me number, and
evests .
and roads identified by State road
perimeter lot numbers.
location and size of lots of
m
number and name
• restricted development potential
U
lande4now pod buffer • • .
• and notation on plat regarding
t a
V C-
regt6smints -
+ yam township. Corporate and extras
same
s%crmwatM detention and/or
twftricl Planning Iwbdiedon ones
retention site* and undisturbed
which Oman the property
area for infiltration purposes lit
located in water supply
. •
watershed)
C. OTHER SUBMITTAL f utmEMENTB
.
1. Tw*nty -IhW (25) copal of the preliminary plat.
2. One FUN She copy of an Orange County Tex map MIth tax percale involved.clearly, marked in
pencil).
3. Where municipal at OWASA sower is not available, a copy of the Preliminary Plat indicating
Health Department Sala analysis approvd / denial for each lot shown thereon.
4. Where a private road Is proposed a written statement by the applicant or his/her authorized
representative which sots forth the justification for a private road (see Section IV- 8 -3-d -1 of the
Orange County Subdivision Rogulstions).
5. Auxiliary documents, in draft form. prepared in accordance with Section VL ni this Ordinance
which sswro completion and/or maintenance of improvements required by this Ordinance.
Such documents may include. but not be limited to. a private road maintenance seen=. ont. and
srtidas of incorporation and restrictive covenants pertaining to a homeowner's association.
These documents may be required as necessary as evidence that the ordinance requirements
are beirig.mt.
e
f!. Fee - 02.00 Pius 03.00 per lot (1 free. for proliminary and final plat).
10 ,
7. If $0 subdivision contains 10 lots or more the following information shall be submitted with the
a�Nurnbet of yeare to buifdout
b• Number of houses to be built during each year to busldout. ilri yW I -#
:31►versoe price of houses including lots for each year to bwldout.
1. the applicant, hereby M—rJfv that the f nAoina application is
and accurate.
DATE
s
O S ' Resiot t FEES: Arneum can Paid /
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Woodgreen Subdivision
Tax: 3.57.3
Revised Map dated 06 -17 -98
LM
Desilm Flow
1= 3= =
Bp$
1
360 gpd
INNOVATIVE
ye s-
2
2
360 gpd
INNOVATIVE
yes
360 gpd
PPBPS
yes
4
360 gpd
PPBPS
yes
5
360 gpd
PPBPS
yp
-6
360 gpd
INNOVATIVE
ye
7
360 gpd
INNOVATIVE
yes
8
360 gpd
INNOVATIVE
yes
9
360 gpd
INNOVATIVE
no
10
360 gpd
e s
yes
11
360 gpd
PPBPS
yea
12
360 gpd
PPBPS
yes
13
360 gpd
INNOVATIVE
yes
14
360 gpd
INNOVATIVE
yes
15
360 gpd
PPBPS
yes
16
360 gpd
INNOVATIVE
ya
17
360 gpd
INNOVATIVE
yp
18
360 gpd,
gpd,
no
19
360 gpd
INNOVATIVE
no
20
360 gpd,
NZ IN OVATIVE
no
21
360 gpd
INNOVATIVE
no
22
360 gpd
ENNOVATIVE
no
23
360 gpd
INNOVATIVE
24
360 gpd
INNOVATIVE
no
25
360 gpd
INNOVATIVE
no
♦ The design flow is based upon do number ofbedrooms applied for by the property owner or .
developer. The design Row for a bedroom is 120 gallons/day (gpd). (e.g. 360 gpd - 3 bedrooms)
♦ An Innovative system is one of five types of space reducmg systems approved by the state. A 25%
reduction m nittification trench is allowed, when one of these types of systems are use& the property
owner or developer-requests the use of these types of systems.
♦ A Prefabricated, Permeable Block Panel System (PPBPS) u a specially constructed type of trench, that
is state approved that allows a 50% reduction in nitrification trench over a conventional system. The
Property owner does not have to squeal this type of trench system.
♦ The house locations ate provided by the property owner or developer as required by 15A NCAC 18A
.1900 -.1%9 (The haws and Rules for Sewage Trea=ent and Disposal Systems)
♦ The Design Flow, Type System, and Pump Requirement are subject to change based upon the
application for the Constuction Aud►arization.
♦ The blocked arena an tha acmapanyin,g plat are the limits of the provisionally suitable souls as
evaluated by the Orange County Health Department. Tbis document was prepared by OCHD on 11-
10-98.
t2-3 -97 PLa4l�:�111� Bc1NZfl Hra1t�T'�S
13
4
exists. Thus, an amendment to the existing agreement will add the
proposed lob.
Selkirk asked about driveway locations for the existing lots and Cameron
indicated those areas on the vicinity map.
Barows asked about the last sentence of condition #2 requiring the
appointment of a third party in the event the Homeowner's Association is
eliminated. Cameron responded that such a condition had been added to
cluster and open space plans in order to be sure that it would be permanent
and the homeowners could not vote to change that part of the covenants.
The Planning Director had indicated that condition should be on all plans.
Walters asked what groups or person(,) could be designated as third parties.
Came= responded that there are other entities that would quality such as
Triangle Land Conservancy or The Nature Conservancy, There are not
really a lot of options at this time.
Strayhorn asked for clarification about a maintenance agreement on open
space on an individual lot Cameron responded that she felt maintenance
also means adhering to whatever standards have been set in the covenants
and as conditions of subdivision approval. References could be made to
clearing storm damage. Also, improvements could be a part of the open
space. Strayhorncontmued that his concern was with the wording when it
applies to an individual lot; the wording was probably suitable for common
open R•
Price asked about the private road. Cameron responded that was an existing
easement that was acquired with the previous minor subdivision and then is
a road maintenance agreement on file already. However, the road has not
been constructed since there were only two lots. It will be constructed to
Class A standards within the easement Price continued expressing concern
with the two acre tract to the east Cameron responded that property should
already be a party to the road maintenance agreement since that lot -was
crated by the minor subdivision.
Barrows asked if the concerns expressed at the Neighborhood Information
Meeting have been adequately addressed and Cameron 'indicated there was
a good discussion with questions regarding drainage and she felt all of the
concerns have been addressed.
MOTION: Allison moved approval as recommended by the Plana mg Staff. Seconded
by Strayhorn.
VOTE: Unanimous.
(2) Woodgreen Subdivision
(27 Lots - Cheeks Township)
Cameron distributed letters that have: been reoaived since agenda materials
were disiribu led. —
The property is located in Cheeks Township at the southern intersection of
MooreBeIds Road (SR 1135) and Dimmocks Mill Road (SR 1134) on the
14
east side of Rocky Run Creek as shown on the vicinity map. The current
zoning is Agricultural Residential (AR) and Upper Eno Protected
Watershed Adjacent land uses are residential.
The total acreage of the tract is 30.7 acres. The applicant's site analysis is
included on the Concept Plan. It shows that most of the property is wooded
with a 4-acre open field in the central portion of the site, which is also a
ridgetop at the highest part of the site. In addition, a 2 -acre open area is
located at the southeast corner at the intersection of Dimmocks Mill Road
and Moorefields Road Hardwoods dominate the western two-thirds of the
forest on the west side ofthe ridge. More pines are found on lots 1 through
6 east of the ridge line.
The majority of the site slopes gently at a gradient less than 756A
Approximately two-thirds of the site drains directly into Rocky Run which
flo*s north along the western boundary. The eastern third of the site drains
to the north and eventually to Rocky Run downstream of Woodgreen. A
small area of moderate slopes (7.5% to 15%) is found in the required stream
buffer new the southwest corner of the site.
The Concept plan for Woodgreen follows the conservation option of
flexible development as described in the Subdivision Regulations. The
applicant, Tri -Star, Inc., has proposed to divide the property into 27 new
residential lots that average one acre in size. The proposal includes 1059
acres or 34.5% open space,
The open space will be privately owned as part of the lots and will be
reserved through a conservation easement or restrictive covenants. It will
protect wooded land on gentle slopes, Rocky Run, the 100 -year floodplain,
the adjacent stream buffer, buffers along Dimmocks Mill Road and the
eastern subdivision boundary, as well as the natural drainage swale across
lots 1 through 7. The open space will also minimize visual impacts by
preserving the open area adjacent to Dimmocks Mill Road
The lots will have individual wells and septic systems, The property has
had a preliminary soils evaluation conducted by the Health Department.
The approximate boundary of soils unsuitable for subsurface sewage
disposal is shown as pan of the site analysis. Soil types from the USDA
soil survey for Orange County are also indicated on the Concept Plan. Prior
to submittal of the Preliminary Plan, the applicant must obtain approval
from the Health Department for each lot. In particular, lots 10-IS must
have enough area outside of the stream buffer to locate a residence, the
initial septic system and the repair area. Wells may be permitted in the
stream buffer.
Access from the lots to Moorefields Road is to be provided by two
proposed public roads built and paved to NC Department of Transportation
standards. A publicly dedicated stubout is provided to the adjacent
northern property for future access.
The Neighborhood information Meeting was held on November 11. The
meeting summary and letters from the neighbors are included in thus
minutes on pages Discussion included potential impacts,
access, and open space protection.
15
The Planning Staff recommends approval of the Concept Plan for
Woodgreen Subdivision under the Flexible Development Conservation
Option with public roads built to NCDOT standards subject to three
conditions:
1. Access to all lots shall be limited to the new subdivision roads;
2. On the Preliminary plan, include a 40 -foot buffer along Mooreflelds
Road as part of the open space protected by restrictive covenants or a
conservation easement. Provide additional' landscaping for screening on
lot 27 between the building site and roads; and
I With the Preliminary Plan, submit draft forms of the homeowners
association documents and restrictive covenants or conservation
easement which contain use and maintenance provisions for the
open space and buffers. The restrictive covenants or conservation
easement shall designate a back -up grantee, in the event the
homeowners association is eliminated
Barrows asked for clarification of the minimum lot size in the protected
watershed area Cameron responded 40,000 square feet. Barrows
continued asking if the open space in the lots along the perimeter is
included in the minimum lot size and the response was yes. Cameron
continued that in some cases the open space could be usable area when it is
included as part of the lot. Barrows expressed concern that this subdivision
had small lots and did not seem a good representation of open space.
Brooks expressed concern, using lot 1 as an example which is .97 acres,
that less than IR acre is buildable area. Does the Health Department feel
that there is enough area for a septic field and repair area. Cameron
responded that the Health Department has only done a preliminary soils
analysis. She clarified that with average slopes and soils, a septic field and
repair area for a three bedroom home requires about 10, 500 square feet.
Thus, the possibility is that, once the Health Department does farther
analysis, there wM not be sufficient area to accommodate 271ots.
Chris Lamb, property owner at 2411 Dimmocks Mill Road, expressed
concern with the proposed subdivision. JA letter from Mr. Lamb is also an
attachment to these minutes on page ) One concern was with the
portion of the application that indicated there were no identified natural
arms, habitats, and wildlife corridors. He felt this was very much
underestimated. Cameron responded that the purpose of that section of the
application is to compare the impacts of conventional and flexible
development. In 1988, the County joined with Triangle Land Conservancy
in identifying wildlife corridors as.well as significant natural areas for
plants and animals. The wildlife corridor mapped by the biological
comvil ant in the inventory is defined as 100 metes from each side of the
stream. Using, a map, Cameron demonstrated that the mapped wildlife
corridor did not extend to the property in question.
W. Lamb continued, reiterating the concerns expressed in his letter (his
property is directly across from the proposed project) and exprssed
concern with the enforcement of restrictions. He also felt this was not the
type of plan envisioned by the County as an. open space plan,
16
Rocco Trisolini, 2619 Shadetree Road, agreed with many of the concerns
expressed by Mr. Lamb. A specific concern swrotmds the quality of life
that he felt would be somewhat diminished by so large a development in a
rural area. The residents do a lot of walking along Moorefields Road and
traffic is a great concern. He questioned why the traffic should be on
Moorefields, Road rather than Dimmocks Mill Road, since Moorefields
Road is a smaller road just recently paved and having some sharp curves
(15 mph curves) as well as unimproved bridges. He felt there were many
reasons why traffic on Moorefield$ Road is not desirable.
W. Trisolini continued that it was a mixed community and expressed
concern with increase in taxes for some of the properly owners. He also
asked about the idea behind open space indicating that he felt that privately
owned open space was not the intent of the law. He noted that many cases
at the Supreme Court level very often revert back to the intent of the law.
He urged the Board to review the issue of privately owned open space
before approving so many lots in such a rural area on a creek that rums to
the Eno River.
Chris Quinn, owner of two lots new the project, agreed with concerns
already expressed. He had a copy of a soils survey map for Orange County
and the two predominant soils on the property do not provide adequate
absorption for suitability of septic systems and the way to address that issue
is to increase the size of the field, which, as already discussed, would be
very difficult due to the small lot sizes. He asked that the Board consider
whether such a development is meeting a need or, simply exploiting the
property. The current number of houses currently on Moorefields Road is
24 and such a development would be more than a 100% increase.
Rufbs Stirewalt, resident of the Friends Community, has been a resident of
this northern Orange community for the last twenty -five years. He agreed
with all of the concerns already presented. He also noted concern that so
little of the old values that were characteristic of the south are being
preserved, particularly the reverence for the land. He felt that northern
Orange is erne of the jewels of the Piedmont and asked that it continue to be
SO.
Dee Ante Lamb, 3117 Moorefields Road, expressed agreement with the
concer�os already presented and continued that she did have some questions.
She asked how area that has been completely cleared and must be mowed,
can be called "protected open space " She expressed concern with the
amount of open space that could also be used for septic systems. She urged
the Planning Board to take the concerns into consideration to determine if
open space, natural area is truly being protected.
Tri -Star representative, Mike Barr, stated that the developer had chosen
flexible development for two reasons. One reason is due to the requirement
and the other is the desire to provide open space that is protected. In regard
to the concerns regarding septic systems in the open space, Mr. Barr stated
that tits majority of the open space is protected and will not be disturbed.
Their air specific limitations as to what can be done in the stream buffer
and flood plain. He continued that the buffer provided by the developer on
Din modes Mill Road is unsuitable for septic systems and wr71 dso provide
a good screen for this development from other devdopment and Dimmocks
17
Mill Road The developer also agreed with the Planning Staff
recommendation for screening along Moorefields Road. The areas that are
currently wooded could remain so.
Mr. But continued, speaking to the concern regarding drainage. There was
discussion at the Neighborhood Information about this. All of the
drainage from this property drains to Rocky Run and in the opposite
direction from the pond across the road to the south.
Mr. Bar noted that one of the property owners affected by this
development project is the developer himself. He lives in sight of the
development and will see it every day. The houses proposed will be in the
range of $180,000 - $200,000 and will most likely be three bedroom
homes. In regard to the 10,000 square feet required for a septic system, he
noted that is not the amount of land disturbed for a septic system. That is
the maximum area required for the septic system and repair area if
necessary. Only about 50% of that amount is actually used for a drain field.
He continued that the developer has made efforts to maintain the beauty of
the area and provide screening from adjacent property owners.
Mr. Barr presented a letter signed by 20 property owners with property
contiguous to the project expressing support for the project (A copy of the
letter is an attachment to these minutes on page-1.2 (►
McAdams asked why there were two roads accessing Moorefields rather
than one accessing Dimmocks Mill Road. Mr. Barr responded that
Dimmocks Mill Road is a collector road and it is recommended that
entrances to subdivisions not access collector roads. Originally, the plan
had called for an entrance onto Dimmocks Mill Road but Mr. Barr
recommended against it for safety reasons.
Barrows asked if the property owners that had signed the letter in support of
the project stood to gain from selling property. The developer responded
that there was only one property owner on the list other than the Hogan
property that would stand to gain by selling a portion of the property.
Katz asked if restrictions regarding security lights and noise pollution could
be included in the restrictive covenants that would address concerns for the
rights of the developers and the respect of others in the area Mr. Barr
responded that the developer had indicated willingness to work with the
neighbors on a list of requests for the restrictive covenants. However, he
did note that problems with some restrictions, particularly with noise
pollution, would be enforcement. Katz responded that the residents would
be the ones to enforce the covenants.
Price asked about the purpose of the stubout Cameron iresponded that the
-- property to the north has 100' of frontage on Dimmocks Mill Road
Price hued asking if the stubout would connect to a cul der we or if it
continues on to Mooreff" Road to the west. Cameron responded that
this would not be IflWy since it would cross a creek. Price expressed
concern that it would create more traffic on Moorefields Road Cameron
emphasized that the stubout is not to make shortcuts, but, to simply increase
access to property for emergency services and not necessarily a connection
for other property. The 19 -acre property already has direct access to
18
Dimmocks Mill Road. Whether the proposed stubout will be used depends
on how the property is subdivided or developed in the future.
s
Selkirk suggested that the developer think of things such as berms, trees and
landscaping to address some of the noise and pollution concerns and help
the project At into the existing environment.
Searles asked if the Palming Board would see the restrictive covenants.
Cameron responded that they are sent to the County Attorney. She noted,
however, that staff could start purring the covenants into the agenda
package. ?hey could be included with the Preliminary Plan when
presented.
Strayhora expressed agreement that this project will be a big change.
However, he did respect and support the ability of the property owner to
use the land as they desired Sometimes it is not the choice of the rural
citizens to sell and develop land He also expressed support for incentives
to enable property owners to retain large tracts of end.
Barrows noted that her preference was for larger lots which would preserve
more open space.
Walters indicated that she felt there would be a smaller number of lots once
the Health Department had completed the site analysis and Cameron
agreed that it was most likely that the number of lots would be reduced
Brooks noted that, if the Health Department determines that there will be
changes in density, she felt it would be advisable to the developers to shield
Mooreflelds Road with larger lots or have more open space as a buffer and
limit homesites on those lots that impact most on Mooreflelds Road.
Searles expressed concern that the trade -off is not balanced. She felt that a
band of open space around a subdivision was not sufficient preservation of
open space. Larger lot sizes would be more desirable.
In regard to a comment from Barrows regarding Anther review of flexible
develgnont, Cameron noted that a report will be presented to the Board of
Commissioners at their work session in January. At that time they will
determine if changes to the flexible development option should be make to
better address concerns expressed by Planning Board members.
Sbayhom asked what incentives the developer received to do the flexible
development option. Mr. Barr responded that the flexible development plan
specifically states that density cannot be greater that what would be allowed
with a conventional plan. The advantage with the flexible option is some
designated open space. The advantage to the developer is that he may save
some money in street costs --
Allison stated that he felt the discussion indicated that the Board is in
agreement with wanting a buffer along Mooreflelds Road and specific.:-
rew covenants identified when the Preliminary Plan is presented..:. -
19
Motion: Allison moved to accept the Planning StaWs recommendation and approve
the Concept Plan for Woodgreen Subdivision and incorporate all of the
concerns expressed by Planning Hoard members with the Preliminary Plan.
Katz stated that he would hire one of the conditions to be that the developer
and neighbors meet to develop a specific list of issues and that the Planning
Board see the result of that meeting with the preliminary presentation.
The developer asked that any additional concerns, other than those already
presented, be provided to Emily Cameron and then allow the developer to
work with her to completely address all of the concerns.
Price suggested that Cameron facilitate a meeting between the developer
and neighbors and on issues where the developer cannot completely
appease the neighbors. Cameron could help mediate toward a compromise.
Brooks expressed concern that the Planning Board may be putting the
neighbors and developers in an awkward position, particularly since the
plan will be coming back to the Planning Board in Preliminary Plan. The
Planning Hoard will then be able to ,review again and determine if all
concerns have been addressed
Barrows felt that it may not be fair to the developer if so many concerns are
left unresolved prior to the Preliminary Plan.
Cameron suggested that there be another Neighborhood Information
Meeting once the final approval is issued by the Health Department.
Then conditions can be included in the Resolution of Approval and
.addressed on the Final Plat
Andrews agreed that Health Department final approval was needed m order
to know how many lots could actually be approved.
Strsyhorn stated that he was uncomfortable mandating more things at this
stage particularly since the developer has met the requirements of the
ordinance.
Allison indicated that condition #3 would cover the other concerns
expressed by Hoard members and asked that this be added to his motion.
Strayhorn seconded the motion by Allison.
VOTE: 7 in favor.
4 opposed ( Katz, Price & Searles - wanted definite solutions to the issues;
Barrows - density does not fit).
_ .... AGENDA ITEM W PLANNING BOARD ITEMS
a. W11d1ife lRabitat Study
Presentation by Mary Willis: - — — --
20
Woodgmen Subdivision — Preliminary Plan
Mewing with Neighbors as required by the Planning Board
as a condition of Concept Plan approval
Monday, September 28, 1998
In attend Staff Emily Cameron, Karen Lincoln
A►pph at: (Tri Star) Dennis Evans, Ann Mooring, M dwl Barr, RLS
Neighbors: Dee Anne and Wilson Lamb, Chris Lamb, Rebecca Quinn,
Frances and Luther Stirewalt
[ Note. The proposed PmIhnb y Plan and a draft copy of the restrictive covenants were
provided to the neighborhood contact by the developer prior to the niewft ] .
Cameron opened the mtetmg by briefly reviewing the history of the project. The Concept Plan
was approved by the Planning Board with the condition that the developer meet with neighbors to
discuss cow prior to submittal of the preliminary plan.
The surveyor, Michael Ban, presented the proposed Preliminary Plan by age
made following Concept Plan approval. The total number of lots shown on the preliminary is two
less than the Concept Plan. Two easements £or sewage disposal are proposed on common area.
To visual impacts, the applicant has proposed a berm and additional lemdscaping as well
as limits on clearing of existing trees. The restrictive covenants would be enforced by the
homeowners association through the use of assessments, etc. -
Ms. Quinn asked if the proposed lot aims would allow placement of a house, weH, and septic
system on each lot.
Mr. Barr reviewed the changes in lot Mmes required for approval by the Orange County Health
Departmem. He indicated that the lots adjacent to the stream are larger. On those lots, wells
would be located in the stremm buffer with the septic system and repair area is the from.
Wilson Lamb cqzessed a concern that the installation of septic limes would require removal of
trees
Mr. Barr esdmaW that less than 20% of each lot would be cleared for development.
Chris Lamb stated that the wooded character of the site will be lost and cited lot 16 as an
example.
Mr. Evans described the process of review by the Health Depar meets. He stated that all of the lots
had been approved for 3- bedroom houses which would require 300 feet of lateral line for sewage
disposaL He informed the group about chamber systems that require less area than conventional
septic *VW&
21
Mr. Barr stated that concerns about light polhition were add by the type of light f dunes
proposed. The ` dweboe Rum is closed on the top and sides which directs a cone of light
down, rather then up.
Ms. Qumn and Chris Lamb questioned the need for street lights, stating that existing fights in the
neighborhood
can be *seen for a long distance.
The applicant emphasized that security lights such as those provided by the power company wM
be probibited by the covenants.
A discussion of the right -of -way &about followed. Cameron reminded the group of the Board of
Com®issioners policy of neighborhoods.
The group also discussed enforcement of private covenants versus effar ement of zoning and
subdivision regnaltions.
Chris Lamb suggested that phases of construction could be remanged to minimise disturbance at
Moorefrelds Rostd
Mr. Evans explained that most lot buyers want to purchase the "font" lots fast, as opposed to the
lots at the rear of the subdivision. He added that phasing is not required.
Wilson Lamb asked why an entrance was not proposed on Dimmocks Mill Road.
Mr. Barr responded that having entrants on Moorefields Road is better in terms of traffic safety.
There would be less potential for conflicting traffic movements on Moorefields because
Dimmocks NM camas more traffic.
Chris Iamb questioned the safety of the western entrance on Moorefields bec mse.it is located at
the top of a hill.
Mr. Evans stated that the plans have been submitted to NCDOT for review and comment.
WOson Lamb said that the 40 -foot buffer on Moorefields Road was adequate, but 200 feet would
be better.
W. Evans estimated there would be a total of five street lights in the subdivision
Chris Lamb asked if the fights would be on a timer. He also asked how problems associated with
construction activity such as traft and litter could be monitored
Mr. Evans said that timers placed on the fights is a possibility. He strewed that because he lives
across Dmo®ocks Mfil Road be would be able to watch for problems with construction activity
and respond quickly.'
,.` 22
Chris Lamb and Ms. Quinn asked about control of stornswater, runoff
W. Evans stated that DOT repitremmts apply as well as Orange County Erosion Control
standards which are more strict than the Staid s.
Dee Anne and Wilson Iamb inquired about the type of homes proposed and the selection of
bm'lders. .
Mr. Evans stated that modular homes will not be allowed. An error in the Covenants was noted.
He added that an arclikeetaral review comrmttee wM be established by the covenants.
Wilson Lamb sur merited his concerns by stating that they had "moved to the country" and were
"ofoded" by the.soe ller lots, houses located in the field and along the road, and the house
designs that are `loot de~ver."
Chris Lamb also stated that his inn ily had made a long -term co m®i when they moved there
and did not approve of the " pack `em and stack `em" subdivision design proposed.
Mrs. Quinn askedif any comidpratlon hued been made for wfldM.
'The applicant responded that the open space preserved could serve as habitat.
_ 23
FISCAL IMPACT ANALYSIS FOR WOODGREEN SUBDIVISION
RESIDENTIAL SERVICE STANDARD APPROACH.
Prepared by
The Orange County Planning Department
January, 1999
PROJECT DESCRIPTION
Woodgreen Subdivision contains 25 buildable lots and is located in Cheeks Township.
The lots are accessed by two new public roads which will intersect with the north side of
Moorefields Road (SR 1135). The current zoning is AR - Agricultural Residential and U-
ENO-PW - Upper Eno Protected Watershed. The average lot size is approximately 1.08
awes. Lots will be served by individual wells and septic systems.
Project build -out is estimated at five years. Housing units will be constructed,
beginning in 1999, with completion of the project scheduled for 2003. Units will consist of
detached single - family homes, and the applicant estimates the average sales price to be
$225,000, including the lot
METHODOLOGY
Fiscal impact analysis is a projection of the direct; current, public costs and revenues
associated with residential and non residential growth in the jurisdiction in which the growth is
taking place. Fiscal impact analysis considers only direct impact in that it projects only the
primary costs that will be incurred and the immediate revenues that will be generated. it
calculates the. financial effect of a planned development or new subdivision by considering
the current costs and revenues such a development would generate if it were completed and
occupied today. Fiscal impact analysis does not consider the private costs of public action. it
is concerned only with public (governmental) costs and revenues.
The method used in preparing the fiscal impact analysis is the Service Standard
Approach. While only gross expenditures by service category are derived from the Per
Capita Method, the Service Standard method determines the total number of additional
employees by service function that will be required as a result of growth. This method
employs average county government costs per person, average school costs per pupil, an
employee to population ratio, and average operating expenses per employee for eacn
service category and school district The number of new employees are projected and
multiplied times the average operating expenses (includes personnel, operating and capital
costs) per employee. These average costs are then weighed against per capita and per
pupil revenues to project the total net fiscal impact of the development.
►r
TABLE OF CONTENTS
SERVICE STANDARD APPROACH
PROJECT FISCAL IMPACT ANALYSIS
Section 1 - Project Data
Project Name, Township, School District
Beginning Year, Ending Year, Inflation
Characteristics of Households
Construction Schedule/Cost Data
Section 2 - Local Government and School District Data*
Budget Year
Per Capita Revenues
Per Capita Expenditures
Per Student Expenditures.
School District Per Employee Expenditures
Employees Per 1000 Population
County Per Employee Expenditure
Other Data
Other Model Constants
School District Data
Section 3 - Demographic Projections Based On Project Data
Total. Housing
Total Population
School Children
Additional County Employees
Total
School District Additional Employees
Section 4 - Projected Net Fiscal Impact on County
Tax Base
Revenues
Expenditures
Net Focal Impact
Section 5 - Projected Net Fiscal Impact on School District
Revenues
Expenditures
Net Fiscal Impact
Section 6 - Summary of Projected Impacts
Additional Housing
Additional Population
Additional School Children
Tax Base
County Government Balance
School District Balance
Total Net Fiscal Impact
24
r 25
EXPLANATION OF TERMS AND DATA SOURCES
SECTION 1- PROJECT DATA
Project data includes information about the specific development project Much, if not
all, of the information.1s supplied by the applicant Data inputs include:
Project Name: Name of the project
Township: Township in which the project is located.
School District: School district in which the project is located.
Beginning Year. The first year of the project in which dwelling units are completed and
occupied:
Ending Year: The last year in which dwelling units are completed and occupied. The
template is set to calculate fiscal impacts for a ten -year period.
Inflation Rate: Unless an inflation rate is entered, the template will calculate fiscal impacts
based -on constant dollars. Since the inflation --rate changes frequently, the Finance
Department must be contacted for the most recent figure.
Persons/Household: The estimated average number of persons/household (dwelling unit)
based on 1990 Census data and- studies of the number of students per household for the
school district in which the. project is located. The most recent studies include A Study of
Housing Characteristics and Student Generation Rates for Orange County, N.C. (1995) and
Technical Report Calculation of Proportionate Share Impact Fees for Financing Public
School Capital Needs, Orange County, N.C. (1996).
Children/Household: The estimated average number of school age. children/household
(dwelling unit) based on studies of the number of students per household for the school
district in which the project is located. The most recent study is A Study of Housing
Characterisdcs and Student Generation Rates for Orange County, N.C. (1995).
% Non - Elderly: N.C. General Statutes permit an $11,000 exemption to the elderly and
disabled who meet certain income criteria. In the event that elderly units are part of the
project the percentage of eligible non- elderly units is entered. The tax base will
automatically be adjusted to reflect the exemption.
Number of Homes: The number of dwelling units to be constructed in the project in each
year.
Average Sales Price: The average sales price of all dwelling units based on the number and
sales price of dwelling unit types to be constructed in each year.
26
SECTION 2 - LOCAL GOVERNMENT AND SCHOOL DISTRICT DATA
Local government data includes information regarding expenditures required to
provide County services and revenues received based on the approved Orange County
budget for the fiscal year in which the project is considered for approval. All information
derived from the approved budget remains constant throughout a fiscal year (July -June) and
is changed only with the approval of a new budget
Local government revenue and expenditure information . is compiled on a per capita
(per person) basis. Per capita figures are derived by dividing the total expenditures for a
particular service function or revenue source by the estimated population of Orange County
for the year in which the project is considered for approval. Populations estimates are
prepared by the Planning Department
Data inputs include the following:
Budget Year. The current fiscal year, i.e., 1996-97.
Per Capita Revenues: The sources of revenue by major category are as follows:
Taxes - Other Than Property: Revenues from taxes other than property taxes include those
from sales and use taxes, franchise taxes, and animal taxes.
Intergovernmental Aid: Revenues from this source, in the form of categorical aid or
shared -tax revenues, are provided through State and federal assistance programs.
Service Charges: Service (or user) charges support numerous functions and are charged to
those who voluntarily receive governmental services or use governmental faciliities.
Miscellaneous: Miscellaneous revenues include interest earnings on investments, proceeds
from license and permit fees, and all other revenues.
Per Capita Expenditures: Expenditures by major category are as follows:
General Government Services related to the legislative, administrative, financial, and legal
functions of government
Public. Safety: Law enforcement services and emergency medical services.
Public Works: Efforts related to the maintenance of County-owned property and the
provision of sanitation (solid waste disposal) services.
Human Services: Departments responsible for the provision of health, social, and
recreation - related services.
27
Education: Orange County supports two school units, the Orange County school system
and the Chapel Hill - Carrboro school system. This category includes appropriations made to'
the designated school system for Recurring Capital items. Recurring Capital funds are used
for general maintenance, purchase of new equipmentffumishings and vehicle maintenance.
Non - Departmental: Contributions to agencies providing cultural and social services outside
the formal structure of county government Other _ expenditures include equipment .
replacement and contingency funds.. Although there are no employees generated by this
category, it has been included as an operating expenditure. It will be included in Section 4,
'Total Annual County Expenditure." These expenditures will be calculated on a per capita
basis as opposed to- a per employee basis.
Per Student Expenditures: Information regarding expenditures required to provide
educational services and revenues received are based on the approved school system
budgets for the fiscal year in which the project is considered for approval. All information
derived from the approved budgets remains constant throughout a fiscal year (July -June) and
is changed only with the approval of new budgets.
Expenditure information is compiled on a per student basis for County Government Current
Expense, School District and State appropriations. County Government Current Expense
funds are used for general operation purposes including Instruction and Support Services.
Federal revenues and expenditures and other Local revenues such as Fund Balance have
not been included since they are not directly growth related. Per student figures are derived
by dividing the total appropriation for educational purposes from a particular source by the
estimated number of students to be enrolled in the applicable school system for the year in
which the project is considered for approval. Student enrollments are obtained from the
approved school system budgets.
County Government~ Expenditures in this category are based on appropriations to the
school systems by Orange County for Current Expense. The minimum level of per student
appropriation is determined by the State Board of Education.
School District Expenditures in this category are unique to the Chapel Hill- Carrboro school
system and are based on the level of expenditures possible through assessment of a
supplementary school tax.
State: Expenditures in this category are based on appropriations from the State Board of
Education. -
School District Per Employee Expenditure: Expenditures per employee based on County,
School District and State appropriations, and the total number of school district employees.
Employees Per 1000 Population: The number of employees in a particular service category
per 1000 population.
28
County Per Employee Expenditure: The average operating and capital expenses per
employee in a , "particular service category. Total expenses in each category includes'
personnel, operaft and capital eats.
29
Other Date:
County Government Tax Rate: The County tax rate per $100 of assessed valuation. Since
the per capita method focuses only on operating expenditures, the tax rate is reduced by an
amount equal to the debt service payments from property taxes for capital projects.
School District Tax Rage: The supplementary tax assessed on behalf of the Chapel
Hill- Carrbom school system.
Assessment Ratio: The ratio of market (sales) value to assessed value based on
information supplied by the Tax Office. The assessment ratio is used to convert market value
to assessed value for the purpose of computing the *tax base.
Other Model Constants
Elderly Exemption: For projects developed partially or exclusively for elderly (65. and older)
or disabled individuals whose annual income does not exceed $12,000, an $11,000 tax
exemption is used in projecting the tax base.
School District Employees Per Student: The number of employees per ' student in a
specific school district
SECTION 3 - DEMOGRAPHIC PROJECTIONS BASED ON PROJECT DATA
Demographic projections provide information about the number of new residents and school
children anticipated in Orange County resulting from project development Projections also
provide the number of additional employees required per service function and school district
as a result of the new development.
Total Housing Units: The cumulative total of new housing units added each year by project
development
Total Population: The total population added each year by a project derived by multiplying
the number of homes to be constructed by the number of persons per household (see
Section 1).
School Population: The -total number of school children added each year by a project
derived by multiplying the number of homes constructed by the number of children per
household (see Section 1).
Additional County Employees: The number of additional employees required per service
category based on project development.
Total: Total of all additional county employees required based on project development
30
School District Additional Employees: The number of additional employees required per
school district based on the project development
SECTION 4 - PROJECTED NET FISCAL IMPACT ON COUNTY
Tax Base: The tax base represents the increase in assessed property value expected each
year resulting from project development. The values shown are in $1,000's and are derived
from a formula which includes the number and sales price of homes, and the assessment
ratio. Where applicable, the percentage of non - elderly units and elderly exemption are also
used.
Revenues: All revenues are derived from a formula which multiplies the per capita revenues
(Section 2) times the projected population (Section 3). The exception to this is the property
tax which multiplies the tax base times the county government tax rate.
Expenditures: All expenditures are derived from a formula which multiplies the per
employee expenditure (Section 2) times the number of additional employees (Section 3).
Net Fiscal Impact The net balance is the difference between projected expenditures and
projected revenues. A negative net balance indicates that it costs Orange County more to
provide services to a project than it receives in revenues. A positive net balance indicates
that more revenues are received than it costs to serve a project. Positive net balances in one
project may thus be used to offset negative balances in another.
SECTION 5 - PROJECTED NET FISCAL IMPACT ON SCHOOL DISTRICT
Revenues: The County contribution is derived by transferring education expenditures by
County government (Section 4). Revenues derived from the school district tax are derived by
multiplying the school district tax times the tax base. State revenues are derived by
multiplying the per student expenditure figure times the total projected number of school
children (Section 3).
Expenditures: Expenditures are derived from a formula which multiplies each per student
expenditure (Section 2) times the total projected number of school children (Section 3) and
adding the results.
Net Fiscal. Impact The net balance is the difference between projected expenditures and
projected revenues. A negative net balance indicates that it costs the school system more to
provide educational services for children in a project than it receives in revenues. A positive
net balance indicates that more revenues are received than it costs to serve a project
Positive net balances in one project may thus be used to offset negative balances in another.
SECTION 6 - SUMMARY OF PROJECTED IMPACTS
SECTION 7 - SUMMARY OF PROJECTED PUBLIC SCHOOL CAPACITY IMPACTS
RESIDENTIAL FISCAL IMPACT TEMPLATE: SERVICE STANDARD METHOD
Bureau of Economic S Business Research - University of Florida
ModHied 4J15197 - Orw a County, NC Planning Department
SECTION 1 - PROJECT DATA:
ENTER THE FOLLOWING DATA FOR EACH PROJECT:
PROJECT: Woodgreen Subdivision
TOWNSHIP: Cheeks
CONSTRUCTION PERIOD:
Distribution
Beginning Year
1999
Ending Year
2003
Inflation Rate:
2.500110-
($)
by Year
CHARACTERISTICS OF HOUSEHOLDS:
5
Persons/House ENTER "1" BESIDE APPLICABLE SCHOOL DISTRICT BELOW.
2.47
Children/House: ENTER "1" BESIDE APPLICABLE SCHOOL DISTRICT BELOW.
0.33
% Non-Elderly:
100.00%
HOME SALES DATA:
Average
Distribution
Number of
Sales Price
of Units
Year
Homes
($)
by Year
1999
5
225,000
20.00%
2000
5
225,000
20.00%
2001
5
225,000
20.00%
2002
5
225,000
20.00%
2003
5
225,000
20.00%
2004
0.00%
2005
0
0
0.00%
2006
0
0
0.00%
2007
0
0
0.00%
2008
0
0
0.00%
SCHOOL DISTRICT DATA: ENTER "1" IN ( ) BESIDE SCHOOL DISTRICT IN WHICH PROJECT IS TO
LOCATED TO GENERATE STUDENT DISTRIBUTION BY SCHOOL TYPE.
School District School Attendance:
Orange County 1) Elementary School 64%
Middle School 17%
Chapel Hill- Carrboro ( 0) High School 19%
31
SECTION 2 - LOCAL GOVERNMENT AND SCHOOL DISTRICT DATA 32
BUDGET YEAR: 1996 -97
COUNTY POPULATION: 105898
SCHOOL DISTRICT STUDENT POPULATION: 5680
COUNTY EMPLOYMENT:
POSITIONS
PER CAPITA
General Government
108.60
0.0010
Public Safety
142.95
0.0013
Public Works
50.00
0.0005
Human Services
264.07
0.0025
Education (School District)
818.00
0.0077
SCHOOL DISTRICT EMPLOYMENT:
POSITIONS
PER STUDENT
Total
818.00
0.1440
Public Safety
7274334
68.69
COUNTY PER CAPITA REVENUES (i):
REVENUES
PER CAPITA
Taxes - Other Than Property
Intergovernmental
Service Charges
Miscellaneous
4653250
9007481
3388055
1738939
43.94
85.06
31.99
16.42
COUNTY PER CAPITA EXPENDITURES ( ;):
EXPENDITUR
PER CAPITA
General Government
6804231
64.25
Public Safety
7274334
68.69
Public Works
2871690
27.12
Human Services
17112641
161.60
Education (Recurring Capital)
750000
7.08
Non - Departmental
3163481
29.87
COUNTY PER EMPLOYEE EXPENDITURE (;): EXPENDITUR PER EMPLOYEE
General Government 6804231 62654.06
Public Safety 7274334 50887.26
Public Works 2871690 57433.80
Human Services 17112641 64803.43
Education (Recurring Capital) 750000 916.87
SCHOOL DISTRICT PER STUDENT EXPENDITURES ($): EXPENDITUR PER STUDENT
County Government 10121760 1782.00
School District 0 0.00
State 21523177 3789.29
SCHOOL DISTRICT PER EMPLOYEE EXPENDITURES (i): EXPENDITUR PER EMPLOYEE
County Government 10121760 12373.79
School District 0 0.00
State 21523177 26311.95
TAX DATA: ENTER APPLICABLE ASSESSMENT RATIO AND ELDERLY EXEMPTION:
County Tax Rate ($) 0.8111 Per $100 Assessed Valuation
School District Tax Rate ($) 0.0000 Per $100 Assessed Valuation
Assessment Ratio 100.00
Elderly Exemption 0 $11,000 Where Applicable
SECTION 3 • DEMOGRAPHIC PROJECTIONS BASED ON PROJECT DATA
33
YEAR
1998
2000
2001
2002
2003
HOUSING UNITS
5
10
15
20
25
POPULATION
12
25
37
49
62
SCHOOL CHILDREN
Elementary
1
2
3
4
5
Middle
0
1
1
1
1
High School
0
1
1
1
2
TOTAL
2
3
5
7
.8
COUNTY GOVERNMENT
ADDITIONAL EMPLOYEES.
General Government
0.01
0.03
0.04
0.05
0.06
Public Safety
0.02
0.03
0.05
0.07
0.08
Public Works
0.01
0.01
0.02
0.02
0.03
Human Services
0.03
0.06
0.09
0.12
0.15
TOTAL
0.07
0.13
0.20
0.26
0.33
SCHOOL DISTRICT
0.10
0.19
0.29
0.38
0.48
ADDITIONAL EMPLOYEES
YEAR
2004
2005
2006
2007
2008
HOUSING UNITS
25
25
25
25
25
POPULATION
62
62
62
62
62
SCHOOL CHILDREN
Elementary
5
5
5
5
5
Middle
1
1
1
1
1
High School
2
2
2
2
2
TOTAL
8
8
8
8
8
COUNTY GOVERNMENT
ADDITIONAL EMPLOYEES
General Government
0.06
0.06
0.06
0.06
0.06
Public Safety
0.08
0.08
0.08
0.08
0.08
Public Works
0.03
0.03
0.03
0.03
0.03
Human Services
0.15
0.15
0.15
0.15
0.15
TOTAL
0.33
0.33
0.33
0.33
0.33
SCHOOL DISTRICT
0.48
0.48
0.48
0.48
0.48
ADDITIONAL EMPLOYEES
I
.KM'
SECTION 4 - PROJECTED FISCAL IMPACT OF PROJECT ON COUNTY GOVERNMENT
YEAR
1999
2000
2001
2002
2003
TAX BASE ($1000
1125
2278
3460
4672
5913
REVENUES ($)
Property Tax
9125
18478
28065
37891
47963
Other Taxes
543
1112
1710
2338
2995
Intergovernmental
1050
2153
3311
4525
5798
Service Charges
395
810
1245
1702
2181
Miscellaneous
203
416
639
874
1119
TOTAL ($)
11316
22970
34971
47329
60056
EXPENDITURES (5)
General Government
794
1627
2501
3418
4379
Public Safety
848
1739
2674
3654
4682
Public Works
335
687
1056
1443
1848
Human Services
1996
4091
6290
8597
11014
Education
3028
6207
9543
13042
16710
Non - Departmental
369
756
1163
1589
2036
TOTAL ($)
7369
15107
23227
31743
40671
NET FISCAL IMPACT (S)
3947
7863
11744
15586
19385
YEAR
2004
2005
2006
2007
2008
TAX BASE ($1000)
6061
6213
6368
6527
6690
REVENUES ($)
Property Tax
49162
50391
51651
52943
54266
Other Taxes
3070
3147
3225
3306
3389
Intergovernmental
5943
6091
6243
6399
6559
Service Charges
2235
2291
2348
2407
2467
Miscellaneous
1147
1176
1205
1235
1266
TOTAL ($)
61557
63096
64674
66290
67948
EXPENDITURES. ($)
General Government
4489
4601
4716
4834
4955
Public Safety
4799
4919
5042
5168
5297
Public Works
1895
1942
1990
2040
2091
Human Services
11290
11572
11861
12158
12462
Education
17128
17556
17995
18445
18906
Non -Departmental
2087
2139
2193
2248
2304
TOTAL ($)
41688
42730
43798
44893
46015
NET FISCAL IMPACT ($)
19870
20366
20876
21397
21932
35
SECTION 5 • PROJECTED FISCAL IMPACT OF PROJECT ON SCHOOL DISTRICT
YEAR
1999
2000
2001
2002
2003
REVENUES ($)
County
3028
6207
9543
13042
16710
School District
0
0
0
0
0
State
6252
12817
19707
26932
34507
TOTAL ( ;)
9280
19024
29250
39975
51217
EXPENDITURES ( ;)
County
3028
6207
9543
13042
16710
School District
0
0
0
0
0
State
6252
12817
19707
26932
34507
TOTAL (;)
9280
19024
29250
39975
51217
NET FISCAL IMPACT (i)
0
0
0
0
0
YEAR
2004
2005
2006
2007
2008
REVENUES (i)
County
17128
17556
17995
18445
18906
School District
0
0
0
0
0
State
35370
36254
37160
38089
39042
TOTAL (i)
52498
53810
55156
56534
57948
EXPENDITURES ( ;)
County
17128
17556
17995
18445
18906
School District
0
0
0
0
0
State
35370
36254
37160
38089
39042
TOTAL (;)
52498
53810
55156
56534
57948
NET FISCAL IMPACT ( ;)
0
0
0
0
0
SECTION 6 - SUMMARY OF PROJECTED DEMOGRAPHICIFISCAL IMPACTS 36
YEAR
1999
2000
2001
2002
2003
HOUSING UNITS = _ —
5
10
15
20
25
POPULATION
12
25
37
49
62
SCHOOL CHILDR8f
Elementary -
1
2
3
4
5
Middle
0
1
1
. 1
1
High School
0
1
1
1
2
TOTAL
2
3
5
7
8
COUNTY EMPLOYEES
0.07
0.13
0.20
0.26
0.33
SCHOOL EMPLOYEES
0.10
0.19
0.29
0.38
0.48
TAX BASE (=1000)
1125
2278
3460
4672
5913
COUNTY BUDGET ($)
Revenues
11316
22970
34971
47329
60056
Expenditures
7369
15107
23227
31743
40671
BALANCE
3947
7863
11744
15586
19385
SCHOOL DISTRICT BUDGET ($)
Revenues
9280
19024
29250
39975
51217
Expenditures
9280
19024
29250
39975
51217
BALANCE
0
0
0
0
0
COMBINED BUDGETS ($)
Revenues
20596
41994
64220
87304
111273
Expenditures
16649
34131
52476
71718
91888
BALANCE
3947
7863
11744
15586
19385
YEAR
2004
2005
2006
2007
2008
HOUSING UNITS
25
25
25
25
25
POPULATION
62
62
62
62
62
SCHOOL CHILDREN
Elementary
5
5
5
5
5
Middle
1
1
1
1
1
High School
2
2
2
2
2
TOTAL
8
8
8
8
8
COUNTY EMPLOYEES
0.33
0.33
0.33
0.33
0.33
SCHOOL EMPLOYEES
0.48
0.48
0.48
0.48
0.48
TAX BASE ( ;1000)
6061
6213
6368
6527
6690
COUNTY BUDGET ( :)
Revenues
61557
63096
64674
66290
67948
Expenditures
41688
42730
43798
44893
46015
BALANCE
19870
20366
20876
21397
21932
SCHOOL DISTRICT BUDGET ($)
Revenues
52498
53810
55156
56534
57948
Expenditures
52498
53810
55156
56534
57948
BALANCE
0
0
0
0
0
COMBINED BUDGETS ($)
Revenues
114055
116907
119829
122825
125896
Expenditures
94186
96540
98954
101428
103963
BALANCE
19870
20366
20876
21397
21932
e
SECTION 7 - SUMMARY OF PROJECTED PUBLIC SCHOOL CAPACITY IMPACTS
37
SCHOOL DISTRICT-DATA:
School District:
School Attendance:
Orange County _ YES )
Elementary School 64%
2003
Middle School 17%
Chapel Hill- Carrboro NO )
High School 19%
YEAR
1999
2000
2001
2002
2003
SCHOOL CHILDREN
1522
Middle 1240
High School
1520
High School 1457
Elementary
1
2
3
4
5
Middle
0
1
1
1
1
High School
0
1
1
1
2
TOTAL
2
3
5
7
8
YEAR
2004
2005
2006
2007
2008
SCHOOL CHILDREN
1522
Middle 1240
High School
1520
High School 1457
Elementary
5
5
5
5
5
Middle
1
1
1
1
1
High School
2
2
2
2
2
TOTAL
8
8
8
g
8
SCHOOL CAPACITIES - ALL SCHOOLS
1999
CURRENT ENROLLMENT - ALL SCHOOLS
Elementary
3328
Elementary 2822
Middle-
1522
Middle 1240
High School
1520
High School 1457
TOTAL
63701
TOTAL 5519
YEAR
1999
2000
2001
2002
2003
PROJECTED ENROLLMENT
Elementary
2823
2824
2825
2826
2827
Middle
1240
1241
1241
1241
1241
High School
1457
1458
1458
1458
1459
TOTAL
5521
5522
5524
5526
5527
YEAR
2004
2005
2006
2007
2008
PROJECTED ENROLLMENT
Elementary
2827
2827
2827
2827
2827
Middle
1241
1241
1241
1241
1241
High School
1459
1459
1459
1459
1459
TOTAL
5527
5527
5527
5527
5527
Prepared by: Wm. Griffin Graves, III
Return to: Wm. Griffin Graves, III, 870 Airport Road, Chapel Hill, NC 27514
NORTH CAROLINA
38
.DECLARATION OF COVENANTS, CONDITIONS
ORANGE COUNTY AND RESTRICTIONS FOR WOODGREEN SUBDIVISION
THIS DECLARATION, made and entered into on this the day of
. 1998, by DENNIS R. EVANS and JAMES- B. MOORING, hereinafter
referred to as Declarant, whose address is c/o Dennis R. Evans, 2400 Dimmocks Kill Road,
Hillsborough, Orange County, North Carolina 27278.
WITNESSETH:
WHEREAS, Declarant is the owner of 30.66 acres, more or less, located in Cheeks
Township, Orange County, North Carolina and being more particularly described as BEING ALL
Of Lots No. 1 through 25, WOODGRMN SUBDIVISION, as recorded in Plat Book , at
Page Orange County Registry, to which plats reference is. hereby made for a more
particular description of same, said entire tract of land being identified herein as the
"PROPERTY
AND WE.REAS, Declarant will convey lots from the "PROPERTY" subject to the terms
and conditions of this Declaration.
NOW, I LEFOM Declarant declares that the PROPERTY shall be held, sold and
conveyed subject to the following restrictions, covenants and conditions. The purpose of said
restrictions, covenants and conditions is to protect the value, desirability and attractiveness of the
PROPERTY. Said restrictions, covenants and conditions shall be appurtenant to and run with
the land and shall be binding on all parties having any right, title or interest in the PROPERTY
or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each
Owner thereof.
39
l_4y��
DEFINMONS
Section 1! "Association• small mean and refer to WOODGREEN SUBDIVISION
HOMMWNW ASSOCIATION, an unincorporated association, its successors and assigns. The
Association will be administered in accordance with the provisions of this Declaration and the
Bylaws contained herein and shall be domed to have been created and established on the date that
this Declaration is recorded.
Section 26 "PROPERTY" shall mean and refer to that certain real property, as more
particularly described on Exhibit A attached hereto and incorporated herein by reference.
Sec inn I! "The Open Space Area" shall mean those portions of the -Lots so designated as
"Open Space Buffet", as "Open Space and Flood Plain" and as "Open Space and Stream Buffer",
including without limitation the area designated as Tract 1 -A and 2 -A (which are also the septic
drain fields for Lot No. 1 and Lot No. 2, respectively) on the plat and survey of WOODGREEN
SUBDIVISION, as recorded in Plat Book , at Page , Orange County Registry,
to which plat reference is hereby made for a more particular description of same, which such
Open Space Area shall be subject to the applicable Orange County Zoning and Subdivision
regulations.
Section 4: "Lot" shall mean and.refer to any plot of land shown upon the recorded subdivision
plat of the PROPERTY with the exception of the road right -of -ways.
Section 5: "Owner' shall mean and refer to the record owner, whether one or more persons
or entities, of the fee simple title to any Lot. "Owner" shall not include those who have an
interest in the Lot merely as security for the performance of an obligation. Each Owner shall be
a member of the Association.
Section 6: " Declarant" shall refer to the undersigned, its successors and assigns.
Section 7. "Declaration" shall mean and refer to this instrument as executed, made applicable
to the " PROPERTY" and recorded in the Office of the Register of Deeds of Orange County.
Rcdon g. " Member" shall mean and refer to those persons entitled to membership in the
Association as provided in this Declaration.
—2—
40
ARTICLE II
PROPERTY RIGHTS
5 L. Owner' a Fs+�!ments of FAQ! m9W Every owner shall have a right and easement of
enjoyment in and to the Open Space Area, subject however to the easement rights reserved by the
Declarant as hereinafter set forth in this Declaration, which easements shall be appurtenant to and
shall pass with the title to every Lot.
Section 2: Delegation of Use: Any Owner, provided that such Owner is current in the payment
of his homeowners dues as required hereinafter and is not in violation of any other covenants as
are set forth herein, may delegate, in accordance with the By -Laws, his right of enjoyment to the
Open Space Area to the members of his family, his tenants, or contract purchasers who reside on
the property.
Section 3: Maintenance of (loan Sra, „- A Each Owner shall be responsible for the
maintenance of that portion to the Open Space Area that is located on their respective lot in the
same condition as it was originally developed in accordance with the Development Plans for
WOODGREEN SUBDIVISION. as approved by Orange County. If any Lot Owner fails to
maintain and preserve such Open Space Area to this standard, then the Association shall have the
right to maintain such Open Space Area solely at the expense, of such Lot Owner and such expense
shall become a special assessment and lien enforceable against such Lot in the same manner as set
forth in Article IV of this Declaration for all other assessments. Notwithstanding anything
contained in this Declaration to the contrary, this maintenance obligation on. the part of the
Association does not affect, in any manner whatsoever, the duty and responsibility of the Owners
of Lots No. 1 and 2 to maintain all aspects of the septic system and the .septic system easement
located in the Open Space Area for their respective lots as provided in Article VI, Section 3 of
this Declaration.
ARTICLE III
Section L Every Owner of a Lot shall be a member of the Association. Every Lot shall be
subject to any and all assessment& approved by the Association. Membership shall be appurtenant
to and may not be separated from ownership of any Lot.
Section The Association shall have two classes of voting members:
—3—
41
Cla» A: Class A members shall be all Owners, excepting Declarant, each of whom
shall be entid+ed to one vote for each Lot owned. When more than one person holds an interest
in any Lot, all such persons shall be members; subject, however, to the provision that only one
vote may be cast per Lot.
Class B: The Class B member shall be the Declarant who shall be entitled to three
(3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A
membership on the happening of either of the following events, whichever occurs earlier:
(a) When the trial voles outstanding in the Class A membership equals the total
votes outstanding in the Class B membership; or
(b) on December 31, 2004.
ARTICLE IV
COVENANT FOR h(AINTENANCE ASSESS11dENTS
Section L' Creation of the Lien and Personal Obligation of Assessments: Each Owner of a
Lot, by acceptance of a deed, whether or not it shall be so cqx=sed in such deed, is deemed to
covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special
assessments for capital improvements, such assessments to be established and collected as
hereinafter provided. The annual and special assessments, together with interest, costs and
reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the
property against which each such assessment is made. Each such assessment, together with
interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person
who was the Owner of such properly at the time when the assessment fell due. The personal
obligation for all other .delinquent assessments shall not pass to his successors in title unless
expressly assumed by them. Declarant shall not be liable for •aiay annual assessments or special
assessments for any lots owned by Declarant.
Section 2: nz= The assessments levied by the Association shall be used
solely to promote the recreation, health, safety, and welfare of the residents in the PROPERTY,
to purchase insurance policies as herein stipulated and for the improvement and maintenance of
the Open Space Area.
saction 3: Maximum Annual Ae C&,U=t Until January 1, 19999 the maximum annual
amt shall not exceed Five Hundred Forty and No/ 100 Dollars ($540.00) per Lot, payable
at the rate of One Hundred Thirty Five and N61100 Dollars ($135.00) per quarter or other
installnuats as established in the discretion of the Board of Directors of the Association.
(a)' . From and after January 1, 1999, the maximum annual assessment may be
increased each year out more than 10% above the prior year's a&v=mt or in an amount
—4—
42
equal to the percentage increase in the consumer price index, whichever is greater, without
a vote of the membership. The maximum annual assessment may be increased by more
than this amount only by a vote of two-thirds (2/3) of the members who are voting in
person or by proxy at a meeting duly called for this purpose.
(b) The Board of Directors may fix the annual assessment at an amount not in
excess of the maximum.
Section & �®! !►�+ in addition to the annual assessments authorized above, the
Association may levy, in any assessment year, (a) a special assessment applicable to that year only
for the purpow of deftaying, in whole or part, the cost of any construction, reconstnwdon, repair
or replacement-of a capital improvement, including fixtures and personal property related
da any such assessment shall have the assent of two-thirds (Z/3) of the votes of the members who
are voting in person or by prmcy at a meeting duly called for this purpose, (b) a special assessment
for the maintenance and preservation of the Open Space Area as provided in Article 11, Section
3 of this Declaration and (c) a special assessment for the maintenance and repair of all aspects of
the septic systems and septic system easements for Lots No. 1 and 2 in the event that the
Association is called upon to perform this maintenance and repair as provided in Article II,
Section 3 and Article VI, Section 3 of this Declaration and (c) a special assessment for the
main III anoe and preservation of the Buffer Area as provided in Article VII, Section 2(h) of this
Declaration..
Section Si Notice and QU=m for Any Action Authorized Under Section 3 and 4; Written
notice of any meeting called for the purpose of taking any action authorized under Section 3 or
4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the
meeting. At the first such meeting called, the presence of members or of proxies entitled to cast
sixty -six and two - thirds percent (66 2/3 %) of all votes shall constitute a quorum. If the required
quorum is not present, another meeting may be called subject to the same notice requirement, and
the required quorum at the subsequent meeting shall be one -half (1/2) of the required quorum at
the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days
following the preceding meeting.
won & Uniform Rate of A=m= Both annual and special assessments must be fixed
at a uniform ratio for all Lots and may be collected on a monthly basis and/or on an annual basis.
Section 11 Data of Commencement of Annual Aisessments; ]due Dates. The annual
assessments provided for herein shall commence as to all Lots on the date of recordation of the
deed from the Declarant to the Owner and shall be prorated accordingly for the remainder of the
calendar year. Ma -Board of Directors shall fix the amount of the annual amt against each
Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the
annual assessment shall be sent to every Owner subject therm. The due data shall be established
by the Board of Diraxors. The Association shall, upon demand, and for a reasonable charge,
furnish a certificane signed by an officer of the Association setting forth whether the assessments
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on a speeif ed Lot have beat paid. A properly executed artifices of the Association as to the
status of assessments on a specified Lot is binding upon the Association as of the date of its
issuance.
Section R. Effect of Nonravmrnt of Assessments! Remedies of the Assadatim • Any
assessment not paid within thirty 0% days after the due date shall bear interest from the due date
at the rate of eight (8) percent per annum. The Association may bring an action at law against the
Owner pally obligated to pay the same, or foreclose the lien .against the property. No owner
may waive or odw wise escape liability for the assessments provided for herein, by abandonment
of his Lot.
• The lien of the assessments provided for
herein shall be subordinate to the lien of any first mortgage, except for the lien(s) for special
assessment(s) (sex forth in Article IV, Section 4 of this Declaration)for the maintenance and repair
of all aspects of the septic systems and septic system easements for Lots No. 1 and 2 and for the
U aintenance and preservation of the Buffer Area in the event that the Association is called upon
to perform this maintenance, repair and preservation as provided in Article II, Section 3, Article
VI, Section 3 and Article VII, Section 2(h) of this Declaration. Sale or transfer of any Lot shall
not affect the assestment lien in any manner whatsoever. However, the sale or transfer of any
Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish only the
lien of those assessments subordinated herein as to payments which became due prior to such sale
or transfer except thai such an extinguished lien may be reallocated and assessed to all of the Lots
as a common expanse. No sale or transfer shall relieve such Lot from liability for any assessments
thereafter becoming due or from the lien thereof.
ARTICLE V
. �N I.- MM . "a r . ! 1VTO)
No building, outbuilding, fence, wall, porch, deck, patio or other structure, or tree
removal shall be commenced, erected, or maintained upon any of the Lob, nor shall any exterior
addition to or change or alteration therein be made until the plans and specifications showing the
nature, kind, shape, height, materials, schedule of exterior color, finish, roofing, changes in
topography and or elevation, tree disturbance or removal and locations of the same shall have been
submitted to and approved in writing by the Declarant, or his successor and assigns, as to
harmony of external design and location in relation to surrounding structures, topography, and
appearance. Declarant, or his successor and assigns, shall have the sole and absolute right to
disapprove any plans or specifications so submitted and Declarant's decision shall be final and not
subject to review or appeal. The Declarant, or his successor and assigns, shall have the right to
inspect all construction and/or land disturbance to ensure that such work is performed in
accordance with the approved plans and specifications and Declarant shall have the right to bring
action to eajoin any activity taken in violation of this provision.
��
r
As of December 31, 2004, Declarant's responsibility pursuant to this Article shall pass to
and become the responsibility of the Board of Directors of the Association or any Archiiechrral
Review Committee established by the Board, said committee to consist of no less than three (3)
natives appointed by the Board. The Declarant, in his sole discretion, shall have the right
to convey his responsibility by written letter to the Association prior to December 31, 2004.
ARTICLE VI
is
see tan L All.of the PROPERTY, including Lots, shall be subject to such its for water
lines, sanitary sewer lines, storm drainage facilities, gas lines, cable TV, telephone and electric
power lines and other public utilities as shall be or shall have been granted by the Declarant or by
their predecessors in title.
Section 2. An easement ova, through and to the Open Space Area is hereby reserved,
conveyed and established in favor of Declarant and its duly authorized agents and assigns, during
and for the purposes of construction activity, storage of construction materials, the necessary
disturbance of land for construction planted berms and the necessary disturbance of land for
construction of septic drain fields. Said easement shall continue and exist only so long as
Declarant and its duly authorized agents and assigns are actually engaged in construction within
the PROPERTY. No L shall Lot Owner all interfere or hamper Declarant, its agents or assigns, in
connection with such constriction.
Se&tim3: Perpetual easements for the installation, maintenance and repair of septic lines,
drain fields and all other aspects of the septic system, of whatsoever nature or kind, are hereby
reserved, conveyed and established in favor of Declarant and the future owners of Lots No. 1 and
2, WOODGREEN SUBDIVISION over and across the OPEN SPACE AREA designated as Tracts
1 -A and 2 -A and the private- sewer easements over and across Lot No. 1, WOODGREEN
SUBDIVISION, all as shown on the plat and survey of WOODGREEN SUBDIVISION, as
1 Fe 1rded in Plat Book , at Page , Orange County Registry, to which plat reference
is hereby made for a more particular description of same. All of these easement shall be a burden
upon the Lots and the Open Space Area as depicted on the aforesaid recorded plat and these
easements shall be a benefit to the Lots that they are intended to serve as, also depicted on the
aforesaid recotdcd plat. These easements shall run with the land that they are intended to serve.
The plat depicts a separate septic dram field for Lot No. 1 and for Lot No. 2. The plat also
depicts septic line easements for each Lots No. 1 and 2 and where these easements lie side by side,
they shall be construed as common non - exclusive easements for all of the Lots described in the
side by side easement areas. Each Owner shall install, maintain and repair his septic lines,
drain fields and all other aspects of the septic system located within the easement areas
described above and shall preserve and maintain his separate went area (including
without limitation his septic lines, drain fields and all other aspects of his septic system% in
the same condition as origt=Uy constructed. If any Lot Owner fails to maintain, Mw and
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45
Preserve such easement area (including without limitation his septic lines, drain gelds and all other
aspects of his septic system) to this standard, then the Association shall have the right to maintain,
repair and preserve such easement area (including without limitation the septic lines, drain gelds
and all other aspects of his septic system solely at the cqx msa of such Lot Owner and all such
expense shall become a special assessment and lien enforceable against such Lot in the same
manner as set forth in Article IV of this Declaration for all other assessments.
ARTICLE VII
USE RESTRICTIONS
Section _1- Rules rind R=Jsitiont: The Board of Directors of the Association shall have the
power to formulate, publish and enforce reasonable rules and regulations concerning the use and
enjoyment of the yard space of each Lot.
Section 2: Use Of Pr , .r� No Lot shall be used except for single- family residential purposes
in accordance with the Resolution of Approval issued by Orange County and in accordance with
the restrictions hereinafter set forth. "Single - family residential" Purposes may include "light -
housekeeping" apartments containing no more than one bedroom.
(a) There shall be no further subdivision of any Lot shown on any recorded plat
of WOODGREEN SUBDIVISION.
(b) No building or structure of any nature or kind shall be located on any Lot
(1) within the Open Space Area and (2) where a front, side or rear property line is not
adjacent to the Buffer Area, nearer to the front property Lot line than. forty (40) feet,
nearer to a side street line for a corner lot than forty (40) feet, nearer to any side property
Lot line than twenty (A feet nor nearer to any rear property Lot lime than forty (40) feet.
Abutting chimneys, and overhanging eaves, gutters or roof lines are exempt from the
building setback limitations set forth in (2) above, but not from the Open Space Area
limitation set forth in (1) above. No buildings or other structures of any kind, other than
the crossing of a sidewalk or entrance driveway shall be allowed in these areas. Relief
from any violation of the setback violations set forth in (2) above may be granted by the
Declarant at its sole discretion provided that compliance with the zoning ordinances of
Orange County is maintained and provided that such relief or waiver is in writing and
recorded in the Orange County Registry.
(c) All dwellings small be constructed on the Lot by a building contractor
licensed in the State of North Carolina. No dwelling shall be erected or allowed to remain
on any Lot unless such dwelling shall contain at least 1,800 square feet of heated, finished
living area. No dwelling shall exceed three stories in height. No garage constructed along
with a dwelling on any Lot shall exceed the size of a three (3) car garage._ Carports shall
be permitted on any Lot.
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46
(d) No commercial, inoperative, abandoned, unliceauxd motor vdddw or
recreational vehicles, boats or sailing vessels, farm or construction machinery or
equipment of any kind shall be kept or permitted to remain on any Lot, without the prior
written approval of the Declarant and even with such approval, such vehicles must be
stored in such a position so as not to be visible from the public streets within the Property.
Under no circumstancas shall any such vehicle be parked on the streets located in the
WOODGREEN SUBDIVISION.
(e) Use of minibiloes, mot&Wdes for recreational purposes or motor -propelled
bicycles or go -carts is prohibited on all streets, perimeter trails and easements within the
PROPERTY.
(fl Swing sets, play houses and play area shall be unobtrusively located at the
rear of the Lot.
(9) At no time shall any Lot or parcel be stripped of its topsoil and trees, or
allowed to be eroded by being excavated or neglected..
(h) ' Each Owner shall maintain and preserve his or her lot in a clean, orderly,
and attractive condition. Maintenance and preservation of the Lot shall include, for
example, the trimming of shrubs, the mowing of grass, landscaping, and the removal of
Wash, leaves, debris and fallen trees or limbs. In addition, each Owner shah not cut or
clear any trees or other vegetation in the Open Space Area as shown on the recorded
plat of WOODGREEN SUBDIVISION in violation of the Orange County Zoning
Ordinance.
W No mobile hqmp or trailer shall be allowed on any Lot. Modular
construction pre -fab units dWWe allowed on any Lot. No outbuilding shall be placed on
a lot unless approved by Declarant, who may reject an outbuilding without cause. No
dwelling shall be moved from any other location onto a Lot.
G) The driveway for each Lot shall be completed prior to the occupancy of any
dwelling constructed on that Lot. Each driveway must be of sufficient size to permit the
off - street parking Qf at least two (2) automobiles. The parking of any type of vehicle shall
not be permitted in the public streets.
(k) No lumber, brick, stone, excavated earth, cinder block, cement, or other
materials used for building purposes shall be stored upon any Lot longer than a reasonable
time for the completion of construction in which they are used. None of these materials
may be stored, or heavy equipment or vehicles parked, within the dripline of any
significant trees on or adjacent to the Lot during or after construction.
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47
(1) When the construction of any dwelling has commenced, work thereon must
be prosecuted diligently and must be completed within a reasonable time not exceeding
twelve (12) months from the date of commeacemeat of construction; provided however,
the Declarant may modify such requirement in its sole discretion.
(m) Each Owner shall be responsible for the costs and expenses for any road,
utilities, sidewalk or other infrastructure improvement named by damage done as .a
result of the won of improvements upon the Owner's Lot.
(n) All utility or cable lines from the public road and within the lots shall be
properly installed undid. Where practical these lines should be placed in a common
trench, along the boarder of the driveway leading from the street to the Lot.
(o) No exposed or exterior radio or television transmission or receiving
antennas shall be e:octod, placed or maintained on any part of the PROPERTY which shall
exceed the height of the trees on the Lot or that can be seen from the roadway.
(p) No street shall be laid out or opened across or through any Lot.
(q) ' No noxious or offensive activity shall be conducted upon any Lot, nor shall
anything be done thereon tending to cause embarrassment, discomfort, annoyance or
nuisance to neighborhood or to the occupants of any adjoining Lou. No industrial,
business, or commercial activity whatsoever is permitted on a Lot, including but not
limited to a boarding house, fraternity or sorority house, business or manufacturing, or
antique, gift, or any kind of shop. No animals other than a limited number of dogs and/or
cats kept as household pets shall be kept or allowed to remain on any Lot, for any purpose.
All pets must be restrained at all times. No dogs and/or cats may be kept, bred and/or
maintained on the Lots for commercial purposes.
(r) . No structure of a temporary d acter, such as but not limited to a tent,
wailers, shack, garage, barn or other outbuilding shall be used or permitted to remain on
any Lot or the Open Space Area at any time as a residence, either temporarily or
permanently, or for any other purpose of whatsoever nature or kind.
(s) Clothes lines and satellite or other receiving devices exceeding a dish
diameter of 18" shall not beIllowed or maintained on any Lot.
(t) In the event that individual maulboxes are pamitted by Orange County, then
all such maiYboxes shall be of a standard size and design; and the design, size and location
of such mailboxes must be approved in writing by the Declarant prior to installation of
such mailbox on any Lot.
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(u) Solar panels and/or collectors shall not be installed or constructed on the
side of any structure constructed on a Lot that faces any street or installed or constructed
anywhere on such structure if such solar panels and/or collectors are visible from any
street in the subdivision.
(v) The Declarant shall be responsible for the installation of Shoe Box
Directional Lighting for an Street Lights as shown on the Development Plans approved by
Orange County for WOODM EN SUBDIVISION. All future street lights including
without limitation the replaeenv= of the original streetlights must be Shoe Box Directional
Lighting.
(w) No radio, odevision, sound equipment or like usage may be at a volume as
to create a disturbance. Unreasonable conduct or noise deemed to be objectionable or a
nuisance to homeowners, or which constitutes a breach of the peace, is prohibited.
"ti on 3' Sig= No signs of any kind except those advertising an individual lot "For Sale"
of "For Rene and those signs used by the Declarant in the advertising of the PROPERTY, shall
be displayed for public view in and about the premises.
Section 4; Items to be Annroved by the Association: Without the prior written approval of
the Association as to location, style, type, size and composition, no antennae, aerials, pole towers,
solar collectors or similar structures, no fuel tanks or any similar type of storage receptacle, no
mailboxes or newspaper containers, and no temporary structures such as sheds, mobile homes or
trailers or tents may be placed upon any Lot or the Open Space Area. Declarant may place one
or more construction traders on any Lot during construction provided the same are removed within
a reasonable period of time after construction in that area has been completed. No travel trailers
or recreational vehicles shall at any time be used as a residence either temporarily or permanently.
Secfl,0n.&' Utility Eaam= Easements for installation and maintenance of utilities and for
drainage are hereby reserved over and across the side five (5) feet and the rear ten (10) feet of
each Lot, provided however, that if the side five (5) feet and the rear ten (10 ) feet of any Lot is
located within the Open Space Area, then no utilities may be located in that portion of the
aforesaid easement area that lies within the Open Space Area UNLESS their location can be
accomplished consistent with the Landscape Plan approved by Orange County for WOODGREEN
SUBDIVISION.
ARTICLE VIII
INSURANCE
Ownership of Policies; In the event that the Board of Directors elects to purchase
insurance of any type insuring the Open Space Area or the Board of Directors, then all such
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insurance poi3aes shall be purchased by the Association for the benefit of the Association and its
Board of Directors as their interests may appear.
Section 2, The amount of necessary coverage, if any, shall be determined annually
by the Board of Directors with the assistance of the insurance company providing such coverage
Section S! Premiums: Premiums for insurance policies purchased by the Board of Directors
shall be paid by the Board of Directors as a common expense from the annual assessments
provided for herein.
Section 4: per: All instmm policies purchased by the Board of Directors shall be for
the benefit of the Association, the Board of Directors and the Lot Owners and shall provide that
all proceeds thereof shall be payable to the Board of Directors as insurance trustees under this
Declaration. The sole duty of the Board of Directors as insurance trustees shall be to receive such
proceeds and to hold the same in trust for the purposes elsewhere stated herein or stated in the By-
Laws.
Section 5; Distribution of Thmna_nee Process: Proceeds of insurance policies received by the
Board of Directors- as insurance trustees shall be held and paid to defray any and all costs of
reconstruction, repair or liability insurance considerations. Any proceeds remaining after
defraying such costs shall be distributed to the beneficial owners.
ARTICLE IX
BYLAWS
Seetion I * The first annual meeting of the Members shall be held within one year from the
date of the recordation of this Declaration, and each subsequent regular annual meeting of the
Members shall be held on the same day and the sane month of each year dumfter, unless another
annual meeting date is otherwise established by the Board of Directors.
Section 2! Special meetings of the Members may be called at any time by the president or the
Board of Directors, or upon w&= request of twenty percent (20%) of the Members.
Section ..3: Writtm notice of each meeting shall be given by, at at the direction of, the
wry or person(s) authorized to call the meeting, by hand delivering or mailing a copy of such
notice, postage prepaid, at least ten (10) days and not more dm. (50) days before such meeting
to each Member.
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SeLtien 4: Within thirty (30) days after adoption of any proposed budget for the condominium, .
the Board of Dhectors shall provide a summary of the budget to all of the Members. The budget
shall be considered at the annual meeting of the Association.
Section 5: The presence at the meeting of Members or proxies entitled to cast ten pe Wt
(10 %) of the votes shalt constitute a quorum for any action except as otherwise provided by law.
Ss&tion 6! Each Member's vote may be cast pursuant to a dated written proxy signed by the
Member: A Member may not revoke a proxy except by written notice delivered to the person
presiding over a meeting of the Association. A proxy terminates one year after its date, unless
it specifies a shorter term.
OFFICERS. AND BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE
Sections: The affairs of the Association shall be managed by a Board of Directors consisting
of four (4) Members, who shall be entitled to act on behalf of the Association. Nomination for
election of the Board of Directors' shall be made from the floor at the annual meeting. Election
shall be by secret written ballot and by a majority of the Members when a quorum is present.
Cumulative voting is not permitted.
Section 2: At the first initial organizational meeting four (4) Board of Directors members shall
be elected to serve until the following annual meeting.
Section 3:. Any Board of Directors member, except those appointed by the Declarant, may be
removed in accordance with North Carolina Law. In the event of death, resignation or removal
of an Board of Directors member, his successor shall be selected by a majority of the Members
voting at a meeting when a quorum is present.
Section 4. No Board of Directors member shall receive compensation for any service he may
render to the Association. However, with the prior written approval of the Board of Directors,
any Board of Directors member may be reimbursed for actual expenses incurred in the
performance of his duties.
Section So The Board of Directors shall have the right to take any action in the absence of a
meeting which they could take at a duly held meeting by obtaining the written consent of all the
Board of Directors members to the action. Any action so approved shall be filed in the
Association's books and records and shall have the same effect as though taken at a meeting of
the Board of Directors.
Section. I - Meetings of the Board of Directors shall be held annually without notice, at such
place and hour as may be fixed from time to time by resolution of the board. Special meetings
13
51
of the Board of Directors may be called by any member of the Board of Directors, after not less
than five (S) days notice to each Board of Directors member.
Section A majority of the Board of Directors members. shall constitute a quorum for the
transaction of business. Every act or decision done or made by a mAjority of the Board of
Directors members present at a duly held meeting shall be regarded as the act of the board.
Sin 1 ! Subject to the provisions contained herein and applicable law, the Board of
Directors shall have the power and authority to exercise all the rights of the Association,
including, but not limited to:
(a) Adopt rules and regulations governing the use of the Open Space Area and
facilities, the personal conduct of the Members and their guests thereon, and establish penalties
for the infraction thereof-,
(b) Suspend the voting rights of a Member during any period in which such
Member shall be in default in the payment of any assessment levied by the Association. Such
rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days
for infraction of published rules and regulations;
(c) Declare the office of a member of the Board of Directors to be vacant in the
event such member shall be absent from three (3) consecutive regular meetings of the Board of
Directors;
(d) Procure, maintain and pay premiums on an insurance master policy(s) and
equitably assess the Owners of the same for their prorate portion of such expense.
(e) Impose and receive any payments, fees, or charges for the use, rental, or
operation of the Open Space Area other than for service provided to Owners; and
(f) Exercise all other powers that may be exercised in this state by legal entities
of the same type as the Association;
(g) Exercise any other powers necessary and proper for the governance and
operation of the Association; and
(h) Have and to exercise any and all powers, rights and privileges which an
unincorporated association by law may now or hereafter have or exercise.
Sedion7-: It shall be the duty of the Board of Directors to:
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(a) cause the Open Spoke Area to be maintained as necessary, and to assess the
Members to recover the cost of the upkeep and maintenance of the Open Space Area, all wi '
accordance with the prior provisions of this Declaration.
(b) serve as the architechual committee; :
(c) keep a complete record of all its acts and affairs and present a'-statement
thereof to the Members at the annual meeting, or at any special meeting when such statement is
requested in writing by at least twenty percent (20 %) of the Members;
(d) supervise all officers, agents and employees of the Association, and see that
their duties are properly performed;
(e) fix the amount of the annual assessment at least thirty (30) days in advance
of each annual assessment period pursuant to the provisions set forth in the Declaration;
(f) send written notice of each assessment to every Owner at least thirty (30)
days in advance of each annual assessment period;
(g) foreclose the lien against any property for which assessments are not paid
within thirty (30) days after due date or to bring an action at law against the Owner personally
obligated to pay the same;
(h) issue, or have issued, a certificate setting forth whether or not any
assessment has been paid. A reasonable charge may be made for the issuance of these certificates.
If a certificate states an assessment has been. paid, such certificate shall be conclusive evidence of
such payment;
(i) procure and maintain, if deemed necessary, at all times, adequate liability
insurance on the Open Space Area and all other property for which the Association has the duty
to maintain, and sufficient liability insurance to adequately protect the Association and the Board
of Directors; and
C0 ou 0, : ull •.s a $*,a oil aa�
S.ediOn1L The officers of this Association shall be a president, vice-president, * and
secretary /treasurer. The officers shall be appointed by the Board of Directors from among the
members of the Board of Directors.
section 2a (a) The president shall preside at all meetings of the Board of Directors; see that
orders and resolutions of the Board of Directors are carried out; sign all written instruments and
shall co -sign all checks.
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53
(b) The vice Ixesident shall act in the place of the president in the event of his
absence, inab9ity or refusal to act, and shall exercise and discharge such other duties as may be
required of him by the Board of Directors.
(c) ' The secretary shall record the votes and ]Deep the minutes of all meetings
and proceedings of the Board of Directors and of the Members; attest the signature of the
president on any legal documents; serve not= of meetings of the Board of Directors and of the
Members; beep app ate c�urrW records showing the Members of the Association together with.
their addresses; prepare, execute,. certify, and record amendments to the Declaration on behalf of
the Association; and perform such other duties as required by the Board of Directors.
(d) The treasurer shall receive and deposit in appropriate bank accounts all
monies of the Association and disburse such funds as directed by the Board of Directors; sign all
checks (such checlm to be co-signed by the president) of the Association; keep proper books of
account; and prepare an annual budget and a statement of income and expenditures to be presented
to the membership at its annual meeting, and deliver a copy to each Member.
BOOKS AND RECORDS
Section .1 ! The books, records and papers of the Association shall at all times, during
reasonable business hours, be subject to inspection by any Member or a mortgagee of any
Member. This Declaration and Bylaws of the Association shall be available for inspection by any
Member at the principal office of the Association, where copies may be purchased at reasonable
cost.
AMENDMENTS TO BYLAWS
S These Bylaws may be amended, at a regular or special meeting of the Members,
by a vote of the majority of the Members.
ARTICLE X
GENERAL PROVISIONS
S�tis� L' EnfIDt The Association, or any Owner, shall have the right to enforce, by
any proceeding at law or in equity, all restriction, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Declaration. Failure by the
Association or by any Owner to enforce any covenant or restrictimt herein contained shall in no
event be deemed a waiver of any future right to do so.
Section 2! Reserved Right of Declarant: Declarant reserves the right to do all things, of
whatsoever nature or kind, that are reasonably necessary or proper for the development of
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54
WOODGREM SUBDMSION in accordance with the zoning and subdivision regulations of
age County. ,
Section .k Ste: Invalidation of any one of these covenants or resections by judgment
or court order shall in no wise affect any other provision herein contained which provisions shall
remain in fug force and effect.
Sz:dan.4: AMWdIDC= The covenants and restrictions of this Declaration shall run with and
bind the land for a term of twenty (A years from the date this Declaration is recorded after which
time they shall be automatically extended for successive periods of * ten (10) years. This
Declaration may be amended at any time by an instrument signed by not less than sixty -six and
two thirds (66 2/3%) percent of the Lot Owners. Any amendment must be recorded.
S ection5: Mortgagee's Right-t: A first mortgage, or the insurer or guarantor of a first
mortgage, shall be entitled, upon written request, to receive copies of this Declaration and the
Rules and Regulations, if any; untitled to inspect the books and records of the Association during
normal business hours or under other reasonable circumstances; entitled to receive at no additional
cost the annual audited .financial statement within ninety (90) days following the end of the fiscal
Year. entitled to receive written notices of meetings of the Association and to designate a
representative to attend all such meetings; entitled to receive timely notice of any substantial
damage to or destruction of any part of the Open Space Area; entitled to receive notice if any part
Of the Open Space Area are subject to a condemnation or eminent domain proceeding or are
otherwise sought to be acquired by a condemning authority; entitled to receive notice of any sixty
(60) day delinquency in the payment of assessments or charges of any owner of any Lot upon
which that mortgagee, insurer or guarantor holds a mortgage; entitled to receive notice of any
lapse, cancellation or material modification of any insurance policy or fidelity bond maintained
by the Association of the Open Space Area; and entitled to receive notice of any proposed action
which requires the consent of a specified percentage of mortgage holders.
Section & Reserved RghU of Lot Owners: No Lot Owner shall be subject to a restraint
iI posed by the Association upon his right to sell, transfer, or otherwise convey his Lot. Under
no circumstances shall the Association have a right of first refusal upon the sale and conveyance
of any Lot. No Lot Owner shall be subject to any restraint imposed by the Association, not
eXpreSdY provided for in this Declaration, upon his right to mortgage his Lot with whomever or
whatever institution and upon those terms and conditions the Lot Owner is willing to accept.
Section 7, Cgnt= Any contract, lease or agreement entered into by the Association on its
own behalf must be terminable by either party without cause upon not more than ninety (90) days
notice to the other party. If so terminated, no termination fee shall be required to be paid to or
by either party.
sed ion.$ • As long as there is a Class B member, the following
actions may require the prior approval of the Federal Housing Ammon, the Veterans'
_17_
55
Administra" 1 at the Federal National Mortgage Association: Annexation of additional properties
to the Association.
Section 9. Aldicability of Declaration� By aws, Rules and RMi1�,_ ,Hong: All Lot owners,
tenants and occupants of Lots shall be subject to and shall comply with the provisions of this
Declaration, the By- Laws, and the Rules and Regulations, as the same may be amended from time
to time. These provisions shall be deemed covenants running with and appurtenant to the land.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, on the day and
year first above written.
(SEAL)
DENIMS R. EVANS
(SEAL)
JAMES B. MOORING
STATE OF
COUNTY OF
I, the undersigned, .a Notary Public of the County and State aforesaid, DO HEREBY
CERTIFY that DENNIS R EVANS and JAMES B. MOORING, Declarant, personally appeared
before me this day and acknowledged the execution of the foregoing instrument for the purposes
therein expressed.
WITNESS my hand and official stamp or seal, this the day of
1999.
(NOTARIAL SEAL)
My commission aspires:
C:IWORKIwoodVm RwftkAm vVd
—18—
Notary Public
(4) Woodgreen
(25 Lots - Cheeks Township)
Presentation by Karen Lincohi.
The Preliminary Plan for Woodgreen follows the conservation option of
flexible development as described in the Subdivision Regulations. The
applicant, Tri-Star, Inc., proposes to subdivide the property (30.7 acres)
into 25 new residential lob with an average lot size of 1.03 acres (smallest
lot size of 0.92 acre). The proposal includes 11.04 acres or 36% open
space.
The property is located in Cheeks Township at the southern intersection of
Moorefields Road (SR 1135) and Dimmicks Mill Road (SR 1134) on the
east side of Rocky Run Creek as shown on the vicinity map. The current
zoning is Agricultural Residential (AR) and Upper Eno Protected
Watershed The maximum amount of impervious surface in new residential
development, outside of Transition Areas, within the Upper Eno Protected
Watershed is limited to twelve percent. Adjacent land uses are residential.
The total acreage of the tract is 30.7 acres. Most of the property is wooded
except for a 4 -acre open field in the central portion of the site; which is also
a ridge top at the highest part of the site. In addition, a 2 -acre open area is
located at the southeast comer at the intersection of Dimmocks Mill Road
and Moorefields Road Hardwoods dominate the western two-thirds of the
forest on the west side of the ridge. Pines are predominate on lots 1 through
6 east of the ridge line.
The majority of the site slopes gently at a gradient less than 7.5 %.
Approximately two-thirds of the site drains directly into rocky Run which
flows north along the western boundary. The eastern third of the site drains
to the north and eventually to Rocky Run downstream of Woodgreen. A
small area of moderate slopes (7.5% to 1501a) is found in the required stream
buffer near the southwest comer of the site.
The open space will be privately owned as part of the lob and will be
reserved through a conservation easement or restrictive covenants. Open
space will protect wooded land on gentle slopes, Rocky Run, the 100 -year
floodplain, the adjacent stream buffer, buffers along Dimmocks Mill Road
and the eastern subdivision boundary, as well as the natural drainage swale
across lob 1 through 7. The open space will also minimize visual impacts
of the subdivision by preserving the open area adjacent to Dimmocks Mill
Road
The lob will have individual wells and septic systems. The Health
Department has authorized that each lot contains provisionally suitable soils
sufficient to locate a septic system to accommodate a three bedroom house.
A PPBS system is recommended for lots 3, 4, S, 10, 11, 12, and 15. A
prefabricated, permeable block panel system is a specially constructed type
of trench, that is state approved, that allows a 50% reduction in nitrification
trench over a conventional system. Remaining lob have been approved for
an innovative type system which is the type of system requested by the
developer. An innovative system is one of five types of space reducing
systems approved by the state. The design flow, type of system, and pump
57
requirement are subject to change based upon the application for
construction authorization for each lot.
Access from the lots to Moorefields Road is to be provided by two
proposed public roads, Pine Ridge Road and Cedar Ridge Road, built and
paved to NC DOT standards. A publicly dedicated stubout with a 40' X 50'
(temporary) turn around is provided at the end of Pine Ridge Road to the
adjacent northern property for future access.
The Concept Plan was approved by the Planning Board (7 to 4 vote)
December 3, 1997 with three conditions:
1. Access to all lob shall be limited to the new subdivision road;
2. On the Preliminary Plan, include a 40 -foot buffer along Moorefields
Road as part of the open space protected by restrictive covenants or a
conservation easement. Provide additional landscaping for screening
on lot 27 between the building site and roads; and
3. With the Preliminary Plan, submit draft forms of the homeowners
association documents and restrictive covenants or conservation
easement which contain use and maintenance provisions for the
common open space and buffers. The restrictive covenants shall
designate a back -up grantee, in the event the homeowners association
is eliminated.
The Planning Board, in addition, requested that a second Neighborhood
Information Meeting be conducted once the plan was approved by the
Health Department. That meeting was held on September 28, 1998 and a
summary of the meeting is on pages of these minutes.
Discussion included street lights, enforcement of private covenants versus
enforcement of zoning and subdivision regulations, and issues regarding
entrance from Moorefields Road versus entrance from Dimmocks Mill
Road
The Preliminary Plan reflects the following changes from the Concept Plan.
1. The number of lots has been reduced from 27 to 25. Lot 27 has been
divided between lots f and 2 to provide an area for septic systems for
those lob. Lot 18 (on the western portion of the subdivision) has been
eliminated in order to increase the area in Lob 10-17.
2. The Preliminary Plan includes a 40 -foot buffer along Moorefields Road
and a 40 -foot wooded buffer across the northern property boundaries of
Lots 7, 8, and 9 as part of the open space protected by restrictive
covenants or a conservation easements.
3. The Preliminary Plan shows a thirty foot drainage easement along the
draw below the outfall of an 18 inch culvert under Pine Ridge Road
across Lots 12 and 11 to Rocky Run per the recommendation of the
Erosion Control Officer.
4. The Preliminary Plan includes landscaping for screening including
twelve Leyland Cypress on lot 27 within the 40' buffer along
Moorefields Road and Leyland Cypress along Dimmocks Mill road
sufficient to meet ordinance requirements.
58
5. The Preliminary Plan proposes to develop the property in four phases
with six (6) lob to be developed in Phase 1, nine (9) lots in Phase 2,
four (4) lob in Phase 3, and three (3) lob in Phase 4. The applicant
proposes to complete the development within five years.
The Fiscal Impact Analysis prepared for Woodgreen Subdivision is on file
in the Planning Department. Section 6 indicates expected revenues
generated from this development will be greater than expected
expenditures the County will incur as a result of the development.
The Planning Staff recommends approval of the Preliminary Plat for
Woodgr+een Subdivision with public roads and subject to the conditions
contained in the Resolution of Approval (an attachment to these minutes on
page )•
Barrows, referring to Lob l A and 2A, asked how much of those lots will
consumed by septic related activities. The applicant responded that the
total for repair area and the septic system is 12,000 sq. feet. Lot lA would
have 5,000 additional square feet and lot 2A is almost double. Barrows
continued that the reason for the question was that she understood, in
flexible development, that only half the open space could be used for septic
fields and repair area. Lincoln responded that rear portions of lots 1 and 2 cto .
also open space; therefore, more than 50% will not be taken up with septic
and repair area. Lots indicated as 1 A and 2A are part of Lot 1 and 2. They
are not separate lob.
Barrows referred to Article VII, Use Restrictions, Section 2 which states:
"Single - family residential" purposes may include "light
housekeeping" apartments containing no more than one
bedroom.
She asked if this meant that there could be a house and a one - bedroom
apartment on a .92 acre lot. The applicants responded that the Health
Department had approved the lots for three bedrooms, so the total could
only be three bedrooms. He felt it unlikely that there would be a two-
bedroom house and a one - bedroom apartment.
Lincoln noted that the Resolution is subject to review and approval by the
County Attorney. She also clarified that even though the open space is
individually owned as part of the lots, there will be a Homeowners
Association which will ensure that the covenants are met.
Barrows expressed concern that those purchasing lob may not be aware that
they cannot use the conservation easements on the lots. The applicant
responded that the covenants state that the developer maintains architectural
control until 75°x6 of the homes are occupied, so, the precedent will be set
and the plat would be utilized in the sales materials to ensure that the buyer
is aware of any and all restrictions.
MOTION: Strayhorn moved approval as recommended by the Planning Staff.
Seconded by Selkirk.
59
VOTE: Unanimous.
AGENDA ITEM X19: MATTERS PROPOSED FOR PUBLIC HEARING (FEBRUARY 22,1999)
a. Zoning Atlas Amendments
(1) PD -3 -98 Lawrence Park Planned Development
(2) Z -01 -99 Amain Leith
b. Comprehensive Plan Amendments
(1) CP: 1 -99 Apex Northwest Partnership
(2) Bicycle Transportation Plan Component
These items are informational only. A copy of the abstract information and
public hearing advertisement attached to these minutes on pages
Lincoln reported that the advertisement was approved for publication by the
Board of Commissioners and continued with a short review of the items.
Meeting adjourned 9:55 p.m.
Prepared By
Approved By
Date