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HomeMy WebLinkAboutRES-2008-012b The Bluffs at Moorefields Resolution of the Orange County BOCCP/~'F .2/.T~o~ -~j ~5 -0206 ~t a, b RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date: February 5, 2008 Name of Subdivision: The Bluffs at Moorefields Owner/Applicant: Christopher Road RealtT} Inc_ The Board of County Commissioners hereby approves The Bluffs at Moorefields subdivision preliminary plat, dated April 17, 2006 as revised by surveyor Steve F. Yuhasz on April 18, 2007 containing 17 lots, subject to the fulfillment of requirements specified herein. Peninsula Lane and Grassland Court shall be irrevocably dedicated to the general public and constructed to standards of the North Carolina Department of Transportation. The approval of this resolution authorizes and directs the Orange County Manager to accept for Orange County and on behalf of the public generally, the offer of dedication of Peninsula Lane and Grassland Court. This acceptance by Orange County of the dedication to the general public of Peninsula Lane and Grassland Court shall be without maintenance responsibility. These roads shall be maintained by the owner/applicant until such time as they are accepted for maintenance by the North Carolina Department of Transportation or some other governmental body. Before the Final Plat of The Bluffs at Moorefields can be recorded: A. Sewage Disposal 1. Each residential lot shall contain an adequate area for septic disposal, and repair area, approved by the Orange County Division of Environmental Health. 2. The septic system location may restrict the size and location of improvements. This disclosure shall be included in a document describing development restrictions to be recorded concurrently with the Final Plat. The document shall also disclose that information regarding the tentative location of septic systems is available from the Orange County Health Department, Division of Environmental Health. 3. Language shall be inserted into the Home Owner's Association declaration requiring each lot owner to have the septic system serving their lot inspected by a licensee of the NC On-Site Wastewater Contractors and Inspectors Certification Board (the "Board"), who is properly registered to perform such inspections within Orange County, no less than one time in every five (5) year period (unless inspections are required more often by and rule or regulation of the Orange County Health Department) and to have the system pumped if recommended by the inspector. Payment for the inspections required under this condition shall be the responsibility of the individual lot owner or the homeowner's association as established by the governing homeowner's Association declaration. B. Roads and Access 1. Peninsula Lane and Grassland Court shall be constructed to standards of the North Carolina Department of Transportation, within a 50-foot right-of-way with 5-foot utility easements on each side, and the construction shall be inspected and approved by NCDOT. OR A letter of credit or escrow agreement shall be submitted and approved by the County Attorney to secure construction of Peninsula Lane and Grassland Court to the standards of the North Carolina Department of Transportation. An estimate of the construction cost must be prepared by a certified/licensed engineer or grading contractor and submitted to the Planning and Inspections Department. The financial guarantee must reflect 110% 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. All lots shall receive access from the internal subdivision roads. No driveway shall be permitted within 50' of a street intersection. The final plat shall contain "No Vehicular Access Areas" for all portions of the subdivision abutting Moorefields Road and Dimmocks Mill Road except for the proposed intersection of Peninsula Lane and Moorefields Road. 3. An erosion control plan for construction of Peninsula Lane and Grassland Court shall be submitted by the applicant to the Orange County Erosion Control Division for review and approval prior to any land disturbing activity occurring on the site. 4. Approved double-bladed street name signs shall be erected at the intersections of Moorefields Road and Peninsula Lane and Peninsula Lane and Grassland Court prior to Planning Department signatures on the final plat or prior to issuance of any building permit if road construction is not completed prior to recording of the final plat. 5. Prior to any construction or alteration of any existing access within the right-of-way of Moorefields Road, the owner/applicant shall secure a driveway permit from the NCDOT District Office. The owner/applicant shall submit a copy of the NCDOT-approved permit and NCDOT approval letter to the Planning Department prior to or at the same time as the request for a grading permit is made, or before Planning Department signatures are affixed on the Final Plat, whichever is first. 6. Sight triangles (10'x 70') shall be shown on the Final Plat at the intersection of Peninsula Lane with Moorefields Road. 7. Dedicate, in fee simple, five (5) feet of additional right-of-way, or 35 feet from the centerline of the existing right-of-way, whichever is greater, along the frontage of Dimmocks Mill Road. Said dedication shall meet major collector road right-of--way standards as identified in the Comprehensive Plan and required in Section IV-B-3-c-1 of the Subdivision Regulations. C. Land Use Buffers and Landscaping 1. Landscaping shall be installed or preserved as indicated on the approved landscape plan, and shall be inspected and approved by the Planning and Inspections Department prior to signatures on final plat. No part of the landscaping shall encroach into the 10' x 70' sight triangles at intersections. OR Guaranteed financially through a letter of credit or escrow agreement submitted to secure required landscape installation and preservation. An estimate of the cost for required preservation, plantings and their installation must be provided. The financial guarantee shall reflect 110 percent of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina in a form approved by the County Attorney. 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. No clear cutting on individual lots is permitted pursuant to section IV-B-8-c of the Orange County Subdivision Regulations. 2. The applicant shall provide additional plantings along Moorefields Road as indicated on the Preliminary Plan. D. Drainage Drainage Easements shall be located on the final plat as required following review and approval of the Erosion Control Plan by County staff. 2. Drainage culverts shall be sized and located appropriately by a licensed North Carolina Professional Engineer as required by NCDOT and Orange County Erosion Control 3. Low Impact Design devices (LID) shall be incorporated into drainage-way to lessen the stormwater impact to the streams. 4. Impervious surface data, as pursuant to Article 6.23.3c.1 of the Zoning Ordinance shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. The impervious surface for each lot shall indicate the maximum impervious surface for each lot, net of the roadway (i.e. excluding roadway). 5. Impervious surface coverage for the subdivision is limited to twelve percent (12%) for a maximum of 176,470 square feet. E. Parkland 1. Lawful currency of the United States in the amount of $7.735.00 shall be paid to Orange County as payment in lieu of parkland dedication prior to recordation of the final plat. 2. The developer has offered and shall transfer in fee simple a total of 14.95 acres of open space (44.49%) to the Homeowner's Association. This open space shall be shown and labeled accordingly on the final plat. All maintenance responsibilities for the open space shall be with the Homeowner's Association. 3. The second paragraph of Section IV-B-7-b of the Orange County Subdivision Regulations references the required minimum recreation space ratio in the Orange County Zoning Ordinance, Article 5.1.1, which requires 0.028 square feet of recreation space per land area dedicated to residential use [0.028 * 35.22= .98 acres or 42,688.8 square feet]. In _ those cases where the required minimum recreation space results in a larger amount than the public recreation space requirement of 1/20 acre per lot, the difference shall be established as private recreation space for the use of the residents of the development (42,688.8 - 37,026 = 5,662.8 square feet (.13 acres). The developer has planned 14.95 acres of open space (44.49%) to be owned and maintained by the Homeowner's Association. 4. Developer shall provide a minimum of 5,662.8 square feet of private recreation area (e.g. trails, all-purpose field, etc.). 5. An Open Space area with a minimum width of ten (10) feet shall be provided between lots 11 and 12 in order to provide access from Grassland Court to the open space along the eastern boundary of the property. F. Construction Waste 1. Per the Orange County Solid Waste Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present construction waste, shall be recycled. 2. All haulers of construction waste shall be properly licensed. Developer shall confirm that hauling contractors are licensed to haul waste in Orange County. 3. Prior to any demolition or construction activity on the site the applicant shall hold apre-demolition/pre-construction conference with the County's Solid Waste staff. This may be the same meeting held with other development officials. G. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 and V-D-3 of the Orange County Subdivision Regulations. 2. The open space shall be conveyed into the Homeowner's Association before Planning Department signatures are affixed to the final plat. Tree cutting in the roadside Open Space is prohibited except for necessary maintenance purposes that have been approved by County staff prior to any such tree cutting taking place. The restrictive covenants applicable to the property shall be approved by the County Attorney. 3. If street lighting is proposed, then a lighting plan shall be submitted to the planning office for review and approval prior to purchase of lighting fixtures from the utility provider or other vender. Any lighting shall meet the Outdoor Lighting Standards as set forth in section 6.31 of the Orange County Zoning Ordinance. 4. A sign permit shall be obtained from Orange County for the subdivision sign located at or near the entrance of the subdivision prior to beginning construction. 5. Methods of disposal of trees, limbs, stumps and construction debris associated with construction activity shall be by some method other than open burning as required in the Orange County Zoning Ordinance. 6. The correct PIN number for the property shall be listed on the Final Plat. D. Certifications 1. A Certificate of Survey and Accuracy signed by a Professional Land Surveyor shall be notarized on the face of the Final Plat in the form provided in Section V-D-6-a of the Orange County Subdivision Regulations. 2. A Certificate of Declaration and Maintenance in the form provided in Section V-D-6-b of the Orange County 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. The North Carolina Department of Transportation shall certify that the platted portion of Peninsula Lane and Grassland Court have been entirely. constructed to State standards or that construction plans have been approved prior to Planning Department signatures on final plat. 4. A Certificate of Approval signed by the Orange County Planning and Inspections Department and the Orange County Environmental Health Department shall appear on the face of the final plat in accordance with Section V-D-6-c of the Orange County Subdivision Regulations. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that the Preliminary Plan for The Bluffs at Moorefields Subdivision is approved in accordance with the above mentioned conditions and attached Preliminary Plat dated April 17, 2006 as revised by surveyor Steve F. Yuhasz on April 18, 2007. Upon motion of Commissioner J ,seconded by Commissioner ..eLt,~ ,the foregoing resolution was adopted this the ~_ day of 2008. I, Donna S. Backer, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on .5 , 2008 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. 2008. WITNESS my hand and the seal of said County, this o~~ day of ~~~z~, ®~~nr.~ eek4j,• a u Clerk to the Board of Commissioners