HomeMy WebLinkAboutRES-2008-099 Lucas Farm at New Hope - Preliminary Plan & ResolutionG~
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date: December 11, 2008
Name of Subdivision: Lucas Farm at New Hope
Owner/Applicant: Ticon Properties, LLC.
The Board of County Commissioners hereby approves Lucas Farm at New Hope
subdivision preliminary plat, dated July 9, 2008 as revised by surveyor Steve F. Yuhasz
on August 29, 2008 containing 9 lots, subject to the fulfillment of requirements specified
herein.
Lucas Farm Road 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 Lucas Farm
Road. This acceptance by Orange County of the dedication to the general public of
Lucas Farm Road shall be without maintenance responsibility. This road shall be
maintained by the owner/applicant until such time as it is accepted for maintenance by
the North Carolina Department of Transportation or some other governmental body.
Before the Final Plat of Lucas Farm at New Hope can be recorded:
A. Sewage Disposal
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 Declarations 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
Lucas Farm Road shall be constructed to standards of the North Carolina
Department of Transportation, within a minimum 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 to secure
construction of Lucas Farm Road 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 road with the
exception of the Open Space lot dedicated to Orange County. No
driveway shall be permitted within 50' of a street intersection. The final
plat shall contain "No Vehicular Access Easement" for lots 5-9 of the
subdivision abutting Old NC 86 and lots 1 and 9 abutting New Hope Road.
3. An erosion control plan for construction of Lucas Farm Road 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
intersection of Lucas Farm Road and New Hope Church Road 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 New Hope Church 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 Lucas Farm Road with New Hope Church Road.
7. Show on the final plat, and dedicate in fee simple, twenty (20) feet of
additional right-of-way, or 50 feet from the centerline of the existing right-
of-way, whichever is greater, along the frontage of Old NC 86.
8. Show on the final plat, and 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 New Hope Church
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.
9. Public access is prohibited along the cul-de-sac, but is permitted on points
where this property adjoins the other public roads.
C. Land Use Buffers and Landscaping
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 the
intersection.
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. In accordance with Article 12.6 of the Orange County Zoning Ordinance a
type E 75-foot buffer shall be maintained (i.e. left undisturbed) along
existing Old NC 86. Language shall be provided in the Homeowners
Association documents to the effect that clearing within the 75 foot buffer
along existing Old NC 86 is not permitted with the exception of septic
system repair areas.
3. In accordance with Article 12.6 of the Orange County Zoning Ordinance a
type A 30-foot buffer shall be maintained (i.e. left undisturbed) along New
Hope Church Road. Language shall be provided in the Homeowners
Association documents to the effect that clearing within the 30 foot buffer
along New Hope Church Road is not permitted with the exception of
septic system repair areas.
4. Common area landscaping trees and shrubs shall be of a native species
and drought tolerant.
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.
E. Parkland
1. The open space dedication shall be shown and labeled accordingly on the
final plat. The developer shall deed to Orange County, in fee simple, a
total of 20.99 acres of open space. The deed shall be recorded
concurrently with the final plat with a copy of the recorded deed provided
to ERCD and the Planning Department. This dedication will satisfy the
public recreation payment-in-lieu requirement of the Subdivision
Regulations. Public access to this open space/public recreation lot is
prohibited from Lucas Farm Road; however, public access to this open
space/public recreation lot may be permitted by Orange County from Old
NC 86 or otherwise as determined by Orange County as part of it's
ownership, management and operation of this open space/public
recreation lot for open space/public recreation purposes.
F. Construction Waste
1. Per the Orange County Solid Waste Ordinance, clean wood waste, scrap
metal and corrugated cardboard, and all 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 county
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 not dedicated to Orange County shall be conveyed into
the Homeowner's Association. 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 in the future, then a lighting plan shall be
submitted to the Planning and Inspections Department for review and
approval prior to the purchase of lighting fixtures from the utility provider or
other vendor. All 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 the Planning and Inspections
Department 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 stated in the Orange County Zoning Ordinance.
6. The correct PIN number for the property shall be listed on the Final Plat.
7. Show on the final plat, and include in the declarations, the clearing limits
on lot 4 that prohibits disturbance within the stream buffer.
8. 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 POSA's, 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 by the
lot owners, nor shall said documents require any lot owner to engage in
water intensive lawn maintenance.
H. Certifications
A Certificate of Survey and Accuracy signed by a Professional Land
Surveyor shall be 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 Lucas Farm Road has 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 Lucas Farm at New Hope Subdivision is
approved in accordance with the above mentioned conditions and attached Preliminary
Plat dated July 9, 2008 as revised by surveyor Steve F. Yuhasz on August 29, 2008.
Upon motion of Commissioner ' ,seconded by Commissioner
the foregoing resolution was adopted this the ~ day of
2008.
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 true copy of so
much of the proceedings of said Board at a meeting held on ~, 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. ~
WITNESS my hand and the seal of said County, this ~ 1 day of ,,
X988. d~ l ~ ®tAa~^~~~. ~/ V //C i'
to the Board of Commissioners
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