HomeMy WebLinkAboutRES-2010-028 Resolution approving The Lodges at Chapel Hill Subdivision Preliminary Plat -PAJC Al.4
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Attachment 6
RESOLUTION OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date of Meeting: April 6, 2010
Name of Subdivision: The Lodges at Chapel Hill Subdivision
Owners: Kenton and Natasha Wiles
Applicant: ENT Land Surveys, Inc, Agent
The Board of County Commissioners hereby approves The Lodges at Chapel Hill
Preliminary Plat, dated December 11, 2009, last revised on January 2, 2010, containing
twelve (12) lots and one (1) public street, Lodge Trail, subject to the fulfillment of
requirements specified herein. Before any final plat for The Lodges at Chapel Hill
subdivision of any of the tracts shown on the preliminary plat may be recorded the
owner/applicant shall comply with the following terms and conditions:
A. Sewage Disposal
1. Each residential lot shall contain an adequate area for a conventionally sized
septic disposal system, and its associated repair area, approved by the 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
restriction 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 County Health Department, Division of Environmental
Health. Each lot that does not contain a suitable building site shall be
designated both on the Final Plat and by instrument recorded in the Orange
County registry as restricted for development potential as set forth in Section
IV-13-2 of the Orange County Subdivision Regulations.
3. The owner/applicant shall not destroy trees that have previously been
inventoried and located within the primary tree conservation areas as depicted
and described in the Landscape Plan for any reason including to install on-site
waste disposal system drain or repair fields.
4. No septic system shall be located within a regulated stream buffer.
5. The Owners shall include in the restrictive covenants provisions requiring each
lot owner to have their septic system serving their lot inspected by a licensee of
the North Carolina On-Site Wastewater Contractors and Inspectors Certification
Board, who is properly registered to perform such inspections within Orange
County, no less than one (1) time in every five (5) year period (unless
inspections are required more often by 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
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established by the governing Homeowner's Association declaration. These
provisions shall be in a form approved by the County Attorney.
B. Roads and Access
1. The owner/applicant shall, prior to the approval and recording of the Final Plat,
construct the public road, including any intersections and alignments) to
NCDOT standards for a Residential Collector Road within the area of the
platted lots and as a Subdivision Access Road between Damascus Church
Road and Open Space Lot B, within a fifty- (50) foot right-of-way, with five-(5)
foot utility easements on each side, and with NCDOT construction inspection
and approval.
OR
The owner/applicant shall submit a letter of credit or cash bond to secure
construction of the above public road improvements to NCDOT standards. The
estimate shall be submitted by a certified/licensed engineer, grading contractor
or other individual qualified to calculate the cost to complete the improvements
according to approved plans and specifications, who has no direct or indirect
ownership interest in the subdivision as specified in Section III-E-2 of the
Orange County Subdivision Regulations. The financial guarantee shall reflect
one hundred ten (110) percent of that construction cost estimate and an
accredited financial institution licensed to conduct business in North Carolina
shall issue such financial guarantee. The financial guarantee shall be effective
for 372 days after the County Manager signed the Certificate of Improvements.
The document describing development restrictions to be recorded with the
Final Plat shall state that the County shall not release the financial guarantee
until NCDOT inspects and approves the road construction and provides written
certification of such approval.
2. The owner/applicant shall submit to the County Erosion Control Division for
review and approval, before any land disturbing activity on the site, an erosion
control plan for construction of public roads, private recreation activities, and
drainage improvements.
3. The owner/applicant shall erect an approved street name sign at the
intersection with Damascus Church Road according to the provisions of
Section IV-13-3-c-12 of the Orange County Subdivision Regulations before
Planning Department signatures on the Final Plat. All street name signs shall
be double bladed.
4. Before any construction or alteration of any existing access within the
Damascus Church Road right-of-way, the owner/applicant shall secure a
driveway permit from the NCDOT District Offices. Owner/applicant shall submit
a copy of such NCDOT approval permit and letter to the Planning Department
at the same time as the request for Planning Department signatures on the
Final Plat. The owner/applicant shall perform no work in any public road right-
of-ways before issuance of approved NCDOT driveway permits and
encroachment agreements.
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5. Sight triangles, ten (10) feet by seventy (70) feet, shall be shown on the Final
Plat at all intersections. The sight distance triangle shall be exclusive of the
proposed sign easement.
C. Land Use Buffers and Landscaping
1. The owner/applicant shall install or preserve landscaping as indicated on the
approved Landscape Plan (open space and pathways plan), and the Planning
Department shall inspect and approve such landscaping before signing the Final
Plat. No part of the landscaping shall encroach into the ten- (10) foot by seventy-
(70) foot sight triangles at the public road intersection.
OR
The owner/applicant shall submit a letter of credit or cash bond to secure
required landscape installation and preservation. The owner/applicant shall
provide, as specified in Section IV-B-8-b-9 of the Orange County Subdivision
Regulations, an estimate of the cost for required preservation, plantings and their
installation. The financial guarantee shall reflect one hundred (110) percent of
the estimate and be issued by an accredited financial institution licensed to do
business in North Carolina.
2. Provision for protection of existing trees as shown on the approved Landscape
Plan shall be included in a document describing development restrictions and
requirements that Planning-Department staff prepared and recorded concurrently
with the Final Plat. Clear cutting or other removal of any trees or other
vegetation on individual lots is prohibited as specified in Section IV-B-8-c of the
Orange County Subdivision Regulations.
3. The owner/applicant shall provide a Type A Land Use Buffer along the internal
public road, as shown on the Preliminary Plan. The buffer shall be thirty (30)feet
wide and shall be composed of deciduous and/or evergreen vegetation, forming
semi-opaque intermittent visual obstructions from the ground to a height of at
least thirty (30) feet. Said buffer shall be so noted on the plat, and detailed in a
document describing development restrictions and requirements prepared by
Planning Department staff and recorded concurrently with the Final Plat. The
owner/applicant shall convey the thirty- (30) foot buffer easement along the
public roads to the Homeowner's Association (HOA) for enforcement and
maintenance.
4. The stream buffer areas in Open Space Lots A and B, as shown on the
preliminary plan, shall be shown on the final plat as areas to be left undisturbed
and in their natural state. Grading, clearing, or installation of any structure,
impervious surface, fence or play apparatus shall not be placed within the buffer.
Additionally, when marketing these lots to prospective buyers, the developer,
contractor or real estate sales person shall provide information, available at the
Orange County Erosion Control offices, to prospective buyers regarding the
nutrient reduction requirements within the University Lake Protected Watershed.
D. Drainage
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1. Locate all drainage easements on the Final Plat, as required following Erosion
Control Plan review and approval.
2. The owner/applicant shall size and locate all drainage culverts as required by
NCDOT and a North Carolina Licensed Professional Engineer.
E. Parkland and Recreation
1. The developer shall place a total of 14.61 acres in common open space, which
the HOA will own.and maintain. This open space shall be shown and labeled
accordingly on the final plat. Cutting or removing of trees and other natural
vegetation, except for safety or maintenance purposes, is prohibited.
2. At the time of recordation of the Final Plat the Developer shall pay to Orange
County a $5,460 payment-in-lieu-of-dedication fee.
3. The owner/applicant shall designate recreational space as specified in Section
IV-B-7-b of the County Subdivision Regulations and in Article 6.12.2.6 in the
Zoning Ordinance. The total recreation space required for this development is
0.6 (six tenths) of an acre. The 14.61 acres of open space may serve a dual
role of private recreation space provided active recreation improvements are
made.
4. The HOA shall obtain an approved NCDOT encroachment agreement for the
footpath that falls within the public road rights-of-way before construction.
5. No activities are allowed in prescribed open space, except recreational
facilities.
6. Except for construction of footpaths and stormwater improvement facilities [e.g.
bio-retention], all areas in reserved open space shall remain in their natural
condition.
F. Miscellaneous
1. The Final Plat shall contain a title block and vicinity map according to standards
found in Section V-D-2 and V-D-3 of the County Subdivision Regulations.
2. The Final Plat shall reflect the drainage easements as required in D.1 above.
3. The open space shall be conveyed by deed to the Homeowner's Association.
The County Attorney, prior to their recording, shall approve all instruments of
conveyance and restriction.
4. Before installation of lighting within the subdivision and to ensure compliance
with the Orange County Outdoor Lighting Standards, the owner/applicant shall
submit a lighting plan to the Planning Department for review and approval.
5. The Planning and Solid Waste Departments shall review and approve a plan
for the collection and proper disposal of all tree stumps and fallen logs before
approval of the erosion control plan.
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6. The owner/applicant shall note impervious cover square footage limits for each
lot on the Final Plat.
7. Clean wood waste, scrap metal, and corrugated cardboard, shall be recycled.
8. All haulers of construction waste shall have proper licensing through the
Orange County Solid Waste Department.
9. Before any on-site construction activity, the owner/applicant shall hold a pre-
construction conference with the County Solid Waste staff. This may be the
same meeting held with other development officials.
10. Before installation of a subdivision sign, County Planning shall review and
approve a site plan and construction drawings.
11. The owner/applicant shall install a water withdrawal system for emergency fire
suppression with signage acceptable to the Orange County Fire Marshal prior
to recordation of the final plat.
12. The owner shall file, with the Planning Department and record with the Final
Plat, a declaration of covenants and restrictions, articles of incorporation,
where required, and/or by-laws, all as approved by the County Attorney, that
will govern the maintenance and control of the improvements as set forth in
Article III-E of the Orange County Subdivision Regulations. Said documents
shall provide for ownership of open space and the dedication of easements to
access open space, common area Pedestrian Open Space Areas, drainage
easements and buffers, for maintenance. The Owner has agreed that said
documents shall not restrict the use of energy efficient measures, including but
not limited to clotheslines, solar collectors, or photovoltaic systems by the lot
owners, nor shall said documents require any lot owner to engage in water
intensive lawn maintenance.
13. The maximum impervious surface coverage for each lot shall be six (6) percent
of the platted lot area. This figure is exclusive of public road right-of-way.
14. After Final Plat recordation, the owner shall voluntarily convert any required
soil erosion control facilities into low-maintenance, bio-retention sites (rain
gardens).
15. A 15,000 gallon buried tank shall be used for residential subdivision fire
suppression. IT shall be located in the common open space at the highest
elevation practical.
16. To the extent under Orange County ordinances, the applicant/owner shall
provide bonds sufficient to ensure the adequate protection of water quality
within the law for a period of time that ensures that adverse effects have been
mitigated.
G. Certifications
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1. The owner/applicant shall have notarized on the face of the Final Plat a
Certificate of Survey and Accuracy signed by a Professional Land Surveyor.
2. The owner/applicant shall sign a Certification of Declaration and Maintenance
in the form provided in Section V-D-6-b of the County Subdivision Regulations
on the face of the plat and shall record concurrently with the Final Plat a
document describing development restrictions.
3. The NCDOT shall certify that all public roads, intersections, and road
alignments have been entirely constructed to NCDOT standards or that
construction plans have been approved before Planning Department signatures
on the Final Plat.
4. The Planning Department shall sign a Certificate of Approval.
5.
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that the Preliminary Plat for The Lodges at Chapel Hill Subdivision is
approved in accordance with the above-mentioned conditions and attached
Preliminary Plat dated December 11, 2009, last revised on January 2, 2010.
Upon motion of Commissioner seconded by Commissioner
the foregoing resolution was adopted this the Sixth day of April 2010.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange,
North Carolina, DO HEREBY CERTIFY that the foregoing is a�ue copy of so much
of the proceedings of said Board at a meeting held on April , 2010 as relates in
any way to the adoption of the fo and that said proceedings are recorded in
Minute Book No. of the Board.
WITNESS my hand and the id , this day f April 2010.
Clerk to the Board of
Commissioners
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