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HomeMy WebLinkAboutMinutes - 19930607 351 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, JUNE 7, 1993 The Orange County Board of Commissioners met in regular session on Monday, June 7, 1993 at 7: 30 p.m. at the Efland-Cheeks Community Center, Efland, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. , and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don Willhoit. ASSISTANT COUNTY ATTORNEY PRESENT: Mark Sheridan COUNTY STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Managers Albert Kittrell and Rod Visser, Senior Citizen Program Coordinator Myra Austin, Deputy Clerk to the Board Kathy Baker, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Planning Director Marvin Collins, Sheriff Deputy II Archie Daniels, Interim Recreation and Parks Director Bob Jones, Budget Director Sally Kost, Public Works Director Wilbert McAdoo, Department on Aging Director Jerry Passmore, Sheriff Lindy Pendergrass, Social Services Director Marti Pryor-Cook, Planner David Stancil, Major Don Truelove, EMS Director Nick Waters, and Planner Mary Willis I. ADDITIONS OR CHANGES TO THE AGENDA A change of location For two of the budget sessions was added as item III-J and the Executive Session was deleted from the agenda. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey announced that those citizens who wish to speak to an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA John Walker and Sue Russell spoke about a daycare initiative they are pursuing through the State. There is legislation which, if approved, will provide money,_for-ten-pilot programs for early chi ldcare.and. services _to young... .... children in this community. A symposium was held on May 10 on "A- Vision- for--- - Young Children and Their Families in Orange County" . Out of this symposium came nine (9) goals for insuring that all young children and their families have the services they need to grow to their potential. As soon as the State budget is approved, applications will be sent to the 100 counties to apply for participation as a pilot program. Each County will receive a $15, 000 planning grant for the purpose of doing an inventory of what the needs are and a plan for meeting those needs. At the same time, there will be a request for a proposal outlining what would be done with the money. The total allocation will be 1. 3 million a year for two years. The purpose in coming before the County Commissioners, is to get their support before moving forward. They asked that the Board appoint one County Commissioner to serve on this task force. Commissioner Willhoit asked what local match would be required, .What 'is the long range cost projection if the program succeeds and will it :ontinue to be a state program or turned over to local funding. Mr. Walker indicated he would need to get these answers. 352 Commissioner Halkiotis asked how this program would interface with existing programs like Kidscope and all the other programs in the County. John Link noted that one of the things that came out of t symposium was a need to coordinate all agencies which provide daycare service in Orange County. Sus Russell stated that the money from this program would go through an existing program. The focus would be on. the child and family together and how to improve their lives. Commissioner Gordon asked that a report be put on the June 29th agenda to further discuss this initiative. She would like this report to include a list of the members of this task force and exactly what is needed from Orange County. BOARD COMMENTS Commissioner Halkiotis voiced his concern about youth needs and youth issues in the County and offered to head a committee to begin addressing the problems. He feels the situation is out of control and something needs to be done now and that someone needs to take the lead. He will coordinate this effort with Sharron Siler in the Manager's office. Chair Carey agreed that something needs to be done. Commissioner Insko feels that early intervention is one solution along with additional recreational activities. There was a consensus of the Board for Commissioner Halkiotis to work with the Manager's office to begin addressing youth needs and youth issues. Commissioner Willhoit suggested that this be placed on the June 29th agenda for further discussion. He stated that there is a need to get tr community working together but it is important to have a proposal containin . specific objectives. It may be well to start with a planning group. Commissioner Halkiotis asked for a report on June 29th on the complaints received about Cabelvision. Commissioner Insko commended the Department of Social Services and the Domiciliary Board for resolving the situation at a local nursing home. PUBLIC CHARGE. Chair Carey dispensed- with the reading of the Public Charge. III. ITEMS FOR DECISION - CONSENT AGENDA A Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve those items on the consent agenda as listed below: A. 199293 AUDIT CONTRACT The Board approved the audit contract with Deloitte & Touche for fiscal year 1992-93 at a cost of $49,800 and authorized the Chair to sign. B. PETITION FOR ABANDONMENT - A PORTION OF GINGER ROAD NORTH OF CHANDLER'S GREEN SUBDIVISION This item was considered under "Items Removed from the Consent Agenda" . C. HISTORIC PRESERVATION ORDINANCE TEXT AMENDMENTS The Board approved proposed amendments to the Historic Preservatic. Ordinance as recommended by the State Historic Preservation Office which wily. insure compliance with standards for Certified Local Governments. 353 D. OAK POINTE - PRELIMINARY PLAN This item was considered under "Items Removed from the Consent Agenda" . E. FEATHERWOOD PHASE II - PRELIMINARY PLAN The Board approved a revision to the Preliminary Plat for Featherwood Phase II Subdivision which will allow Featherwood Court to be a private road. The property is located at the southeast corner of Piney Grove Church Road and US 70 Business in Eno Township. Eight lots are proposed out of 10. 24 acres. F. WHITE CROSS - PRELIMINARY PLAN The Board approved an amendment to the Preliminary Plan for White Cross Subdivision to require that Everett Lane be constructed to Class B private road standards, per the Resolution of Approval attached to these minutes on pages G. SENIOR TAR HEEL LEGISLATURE DELEGATE NOMINATION The Board approved the appointments of Ann B. Johnson as delegate, Annie M. Morrow as first alternate and Robert G. Schmidt as second alternate to the North Carolina Senior Tar Heel Legislature. H. CHANGE IN MEETING SCHEDULE The Board approved changing the meeting scheduled for June 16 to June 15 and to cancel the meeting scheduled for June 17, 1993 . I. TRANSFER OF SEWER EASEMENT FROM ORANGE COUNTY TO MEBANE The Board approved the conveyance of a deed of easement from Orange County to the City of Mebane and authorized the Chair and the Clerk to the .Board to execute the deed . of easement which is included in the agenda abstract. J. CHANGE OF LOCATION FOR MEETINGS SCHEDULED FOR JUNE 14 15 The Board approved changing the location of the meetings scheduled for June 14 and June 15 to the Homestead Community Center in Chapel Hill, North Carolina. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA _._..., B. PETITION FOR ABANDONMENT - A PORTION OF GINGER ROAD NORTH OF CHANDLER'S GREEN SUBDIVISXON The Board was asked to consider the adoption of a resolution setting . a public hearing on the abandonment of the right-of-way for Ginger Road that borders Lots, 16, 17, 18 , 19 and 20 in Chandler's Green Subdivision, and the Potted Plant Nursery. Commissioner Gordon asked that a large scale map be provided at the public hearing. Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adopt the resolution as presented to abandon the right-of-way and to hold a public hearing to receive citizen comment on the proposal on August 4, 1993 . VOTE: UNANIMOUS D. OAK POINTE -- PRELIMINARY PLAN The property is located in the extreme northwestern corner of 354 Bingham Township on the south side of Yarborough Road between Mebane-Oaks and BuckhQrn Roads. The size of the tract is 12 .72 acres, and the average ln� size is 45,236 square feet. The property is zoned AR and the County Land U, Plan designation is Agricultural Residential. Discussion ensued on the absence of a fiscal impact analysis. The Planning Staff understood that fiscal impact analysis would be done on subdivisions with ten or more lots. Since this subdivision had ten lots, Commissioner Gordon asked that a fiscal impact analysis be done later and given to the Board. Chair Carey asked that this be clarified on a future agenda. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the Preliminary Plan for Oak Pointe subject to the conditions contained in the attached Resolution of Approval on pages of these minutes. VOTE: UNANIMOUS IV. RESOLUTIONS/PROCLAMATIONS - NONE V. SPECIAL PRESENTATIONS - NONE VI. PUBLIC HEARINGS A. HOME AND COMMUNITY CARE BLOCK GRANT This was presented to receive comments on the Home and Community .. Care Block Grant Funding Plan. The recommended funding plan identifies tk same programs funded during the 1992-93 fiscal year which include JOCCA, DS- : and Aging. NO COMMENTS WERE RECEIVED. Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to close the public hearing and to approve the 1993--94 Home and Community Care Block Grant funding plan as endorsed by the Home and Community Care Block Grant Advisory Committee. VOTE: UNANIMOUS VII. REPORTS A. REPORTS TO THE COMMUNITY 19 COMPREHENSIVE PLAN ELEMENT FOR CHEEKS TOWNSHIP Planner David Stancil explained some of the issues that will impact growth during the next four years. These included watershed classification, widening of Interstate 85, proposed Economic Development District at Buckhorn Road and recommendations from the Rural Character Study. 2. ORANGE COUNTY BUDGET Budget Director Sally Kost explained the major revenue and expense components of the County's budget. She explained how the bond issue will impact the tax rate and how increases in revenues from the sales tax intergovernmental and fees will help to offset some of the increases in t1. operating funds for the two school systems. 355 3. SOLID WASTE MANAGEMENT Public Works Director Wilbert.McAdoo explained the change that will take place during the next year in rural solid waste collection. 4. PUBLIC SAFETY ISSUES Sheriff Lindy Pendergrass stated that they received 3 , 057 calls last year from Cheeks Township. Things have improved in the Perry Hills area because of citizen involvement. . The largest number of calls are service related for assistance. B. COMMUNITY CONCERNS Bennie Cecil asked that the traffic pattern from I-85 to Efland Cedar Grove Road be investigated. This has become a very dangerous intersection at certain times of the day. A question was asked about the sewer service for the Buckhorn area. John Link explained that there is an amount of money in the CIP to extend the water and sewer from the Alamance line to the area adjacent to the golf course. The County has applied for a grant to help those who live in the Efland area with failing septic systems. Wilbert McAdoo will try to get some road signs for illegal dumping. Confidential calls to 911 and how these may be handled in the future was discussed. Sim Efland talked about his plan to raise money. It included bringing natural gas from the south side of the railroad tracks, extending cable, creating more jobs and having Amtrack serve the county. He also would like to show the County Commissioners a site for an airport. He suggested taxing each new car in the County $100. 00 to help with school costs. C. REPORT - ALBEMARLE-PAMLICO ESTUARINE STUDY The Board received a report from Mr. Joe Hollowell, a representative of the .N.C. Dept. of Environment, Health, and Natural Resources concerning the Albemarle--Pamlico Estuarine Study. He explained that the goal of the study is to produce a Comprehensive Conservation and Management Plan for the estuary which will recommend potential environmental protection strategies for the Albemarle and Pamlico estuarine system and watershed. A third , draft will be out in July which will be shared with the County Commissioners for their comments. D. ORANGE-PERSON--CHATHAM MENTAL HEALTH SERVICES - SPACE NEEDS IN SOUTHERN ORANGE The Board received a report from Mr. Tom Maynard, Area Director, OPC Mental Health Services, regarding Orange-Person-Chatham Mental Health Services' long range space needs. He explained how they are serving more clients because of their outreach efforts. The caseload has doubled during the last two years. Last year they served 4300 people. They have 82 people in 54 offices. He showed slides of the crowded working conditions for his staff. In the short term they plan to purchase a modular building and to renovate the lower floor of their present facility. In 1996 they will expand to the adjacent southern human services building. He asked that the Board help with solving their long range space needs. Mr. Tony Dalton, Chair of the OPC Mental Health Board, spoke in support of additional space to serve clients and for the staff. W 356 VIII. ITEMS FOR DECISION - REGULAR AGENDA A. IMPACT FEES FOR PUBLIC SCHOOL CAPITAL FACILITIES Marvin Collins presented for Board consideration of adoption air ordinance establishing a system of impact fees to help finance a potion of school capital needs in Orange County. He noted that the effective date has been set as July 1, 1993 . This fee is for new construction which receive building permits issued from the effective date. This would allow time for interlocal agreements to be worked out. Commissioner Insko asked that the staff give a report in one year on a suggested index based on local experience and the number of bedrooms. The Board made several amendments to the ordinance as presented. These have all been incorporated into the final ordinance which is in the Ordinance Book located in the Clerk's Office and also attached to these minutes on pages A Motion was made by Commissioner Gordon, seconded by Commissioner Insko to adopt the ordinance entitled "Orange County Educational Facilities Impact Fee Ordinance" attached to these minutes on pages with an effective date of July 1, 1993 . VOTE: UNANIMOUS B. ORANGE ENTERPRISE - ADDITIONAL FUNDING REQUEST Kathryn Turner, Executive Director of Orange Enterprises, Inc. explained that Orange Enterprises is facing a significant loss of revenue this Year. As of the end of February they were $19, 000 in arrears. She asked that..., the County allocate an additional $10, 000 to help them meet their obligation: Motion was made by Commissioner Willhoit, seconded by Commissioner. Insko to approve an allocation of $10,000 from the Contingency Fund. VOTE: UNANIMOUS C. CONTRACTING FOR TOWN OF HILLSBOROUGH FIRE INSPECTIONS The town of Hillsborough has requested that the County perform state-mandated fire inspections within the town's jurisdiction. The town will enter._into- a contract with the County whereby they will fully reimburse the County for costs incurred in undertaking fire safety inspections within Hillsborough's jurisdiction. Commissioner Gordon feels that the town may best be served by adding a staff member to handle these inspections. Motion, was made by Commissioner Willhoit, seconded by Commissioner Insko to approve the request from the town of Hillsborough with the details to be resolved in a contract to be considered by the Board at a future meeting. VOTE: AYES, 3; NOS, 2 (Commissioners Gordon and Halkiotis) D. ORANGE COUNTY HOME CONSORTIUM PROGRAM AMENDMENT A motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve an amendment to the Orange County HOME Consortium Program to reprogram $300, 000 set-aside for the Orange Community Housing Corporatio- as proposed and authorize the Chair to sign the necessary documents on behal of the Board. VOTE: UNANIMOUS 357 E. DISPOSAL OF COUNTY-OWNED PROPERTY In 1974 , Orange County acquired by foreclosure a parcel of land, roughly one-half acre in size, on 10th Street in Mebane. Recently, the grandson of the previous owner approached the Revenue Director and expressed interest in acquiring the parcel. The County's financial interest in the property is approximately $3 , 000. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to convey the property to Habitat for Humanity, OCHC, or some other affordable housing organization, assuming that organization demonstrates interest and can produce a plan for the timely and effective use of the property. A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to reconsider this item. VOTE: UNANIMOUS A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to refer this back to staff for additional background information on what interest in the property the grandson of the previous owner may have. VOTE: UNANIMOUS IX. BOARD COMMENTS - Listed above X. COUNTY MANAGER'S REPORT - NONE XI. APPOINTMENTS ORANGE COUNTY PLANNING BOARD A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to appoint Elizabeth Walters to the Orange County Planning Board for a three year term in an AT LARGE position. VOTE: UNANIMOUS TASK FORCE ON ELECTING COUNTY COMMISSIONERS A motion was made by Commissioner Willhoit, seconded by Chair Carey to appoint Sharon Worthington. as. the N.O.W. representative._and Robert Ferguson in an AT LARGE position. -_-. VOTE: UNANIMOUS HUMAN SERVICES ADVISORY COMMISSION Motion was- made by Chair Carey, seconded by Commissioner Insko to appoint Karen B. Taylor as a representative of the InterFaith Council. VOTE: UNANIMOUS XII. MINUTES - NONE XIII. EXECUTIVE SESSION - REAL PROPERTY ACQUISITION - Canceled XIV. ADJOURNMENT With no further items for the Board to consider, Chair Carey adjourned the meeting at 12 : 05 a.m. The next regular meeting will be held on June 8, 1993 at the Homestead Center in Chapel Hill for the purpose of hearing citizen 358 comments on the Manager's recommended 1993-94 budget. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk 359 ORANGE COUNTY EDUCATIONAL FACILITIES IMPACT FEE ORDINANCE SECTION 1 •- LEGISLATIVE FINDINGS The Orange County Board of Commissioners makes the following legislative findings: 1. Orange County public school facilities are vital to the health, safety, welfare, and economic prosperity of Orange County; 2 . That public school facilities in Orange County must be - expanded in order to maintain current levels of service if new development is to be accommodated without decreasing current levels of service; 3 . To finance the expansion of the public school facilities in Orange County necessary to maintain current levels of service while accommodating new residential growth, several methods of finance will be employed, one of which will require new residential development to pay an appropriate share of the reasonably anticipated new educational facilities in the form of school impact fees; and 4 . These school impact fees will provide, in a reasonable manner, for the public health, safety, and welfare of persons residing within Orange County by providing a portion of the costs of new school facilities which bears a relationship to the benefits of the new school facilities to the new residential growth in Orange County. --. SECTION 2 - DEFINITIONS e For the purposes of this ordinance, the following terms shall have the following definitions: Certificate of Occupancy_. A certificate issued by Orange County or a municipality located therein allowing the occupancy or use of a dwelling unit and certifying that the building or structure has been constructed and will be used in compliance with all applicable codes and ordinances. Dwelling Unit. A room or group of rooms forming a single independent habitable unit with facilities used or intended to be used for living, sleeping, cooking, and eating by one family. 3-60 Feepayer. The person constructing or responsible for having constructed a new dwelling unit or new dwelling units. In the case of a mobile home, the person installing or responsible for having installed a new mobile home or new mobile homes. SECTION 3 - SCHOOL IMPACT FEES IMPOSED ON NEW RESIDENTIAL DWELLING UNITS In addition to all other charges prescribed by ordinance or resolution now or hereafter in effect, there shall be public school impact fees charged to new residential dwelling units located within Orange County, and within the municipalities and their extraterritorial planning jurisdictions located within Orange County. No person may occupy any new residential dwelling unit until all applicable public school impact fees contained in the following schedule have been paid in full. No certificate of occupancy or other type of occupancy permit shall be issued for any new residential dwelling unit until the public school impact fees hereby required have been paid in full. Payment of such fees shall not relieve the feepayer from the obligation to comply with applicable land development regulations of Orange County or the municipalities located within Orange County. Schedule of Public School Impact Fees The amount of the public school impact fee will be $750 per residential dwelling unit. The same fee will be applicable in both the Orange County and Chapel Hill-Carrboro school districts. SECTION 4 - PUBLIC SCHOOL IMPACT FEE EXCEPTIONS Public school impact fees as provided in Section 3 shall not be imposed in the following circumstances: 1. Buildings- or structures, including alterations, repairs, renovations or additions thereto, which are to be occupied and used solely for non-residential purposes. 2 . Residential dwelling units for which a building permit was obtained prior to the effective date of this ordinance. 3 . Alterations, repairs, renovations .or additions to a residential dwelling unit. I 4 . Replacement of a building or structure or mobile home with a new building or structure or mobile home of the same dwelling type. 5. Accessory buildings and structures, including, but not limited to, garages, decks, storage buildings, and similar structures, provided they are not used for residential purposes. 361 6 . Temporary buildings and structures, provided they are not used for residential purposes. However, public school impact fees shall not be levied in the case of a mobile home being used to provide custodial care under the provisions of an approved Special Use Permit. Likewise, such fees shall not be levied in the case of a mobile home being used as a temporary residential dwelling during the installation of a replacement mobile home or the construction of a stick-built dwelling unit. SECTION 5 - COLLECTION OF FEES X. CREATION OF PUBLIC SCHOOL BENEFIT AREA TRUST FUND$ Public school impact fees collected by Orange County pursuant to this ordinance shall be kept separate from other revenue of the County. There shall be one trust fund established for each of the benefit areas. The benefit areas correspond to the school district boundaries as , determined by the School Districts and as illustrated on the attached map labeled Public School Benefit Areas. B. RESPONSIBILITY FOR FEE COLLECTION All public school impact fees are due to Orange County and shall be paid to Orange County prior to a certificate , of occupancy being issued for a dwelling unit. The fees will be collected by Orange County and/or by interlocal agreement between Orange County and a municipality located therein. All public school impact fees shall be properly identified by the appropriate benefit area and transferred for deposit in the appropriate trust account. Where there is an interlocal agreement in effect for collection of the public school impact fees by a municipality, the municipality shall remit the fees to Orange County as provided in the agreement, including a report of the amount of funds collected and the benefit area from which the fees were collected. Upon receipt, the County shall deposit the fees in the appropriate trust fund. C. LIMITATION ON EXPENDITURE OF FUNDS Funds withdrawn from public school impact fee trust accounts shall be used solely in accordance with the following provisions: 1. Funds shall be used for capital costs associated with the construction of new public school space, including new buildings or additions to existing buildings where the expansion is related to new residential growth. Such capital costs include actual building construction; design, engineering, and/or legal fees; land acquisition and site development; equipment and furnishings; and/or infrastructure improvements. 362 2 . Funds shall be used exclusively for capital improvements within the benefit area from which the funds were collected. 3 . Funds may be used for providing reimbursements as permitted in Section S.E. 4 . No funds shall be used for public school operating expenses, periodic or routine maintenance, or the administration of this public school impact fee program. 5. Following their collection, funds shall be expended within five (5) years, the time frame coinciding with the public school facilities capital improvements program (CIP) school impact fee period. The disbursal of public school impact fee funds shall require the approval of the Board of County Commissioners upon recommendation of the County Manager. D. INTEREST ON FEES Any public school impact fee funds on deposit and not immediately necessary for expenditure shall be invested as allowed in N.C. General Statute 159-30 for other public monies. All income derived shall be deposited in the applicable trust fund. E. REIMBURSEMENT OF FEES Any funds not expended within the time frame established in Section 5.C. 5. shall be returned to the feepayer, or the land owner if the address of the feepayer provided to orange County is not current, with interest at a rate not to exceed that being paid on public school impact fees deposited in accordance with Section 5.D. If the Schedule of Public School Impact Fees as contained in Section 3 is reduced, the difference between_ the_ old -and new fees shall be returned to the feepayer, or the land owner if the address of the feepayer provided to Orange County is not current, with interest at a rate not to exceed that being paid on public school impact fees deposited in accordance with Section S.D. If the Schedule of Public School Impact3Fees as contained in Section 3 is increased, no additional fees shall be collected from new construction for which certificates of occupancy have been issued. F. ANNUAL REPORT A report shall be made to the Board of County Commissioners each year showing where public school impact fees have been collected, what projects have been constructed with such fees, and what reimbursements have been made. The report shall also include an evaluation of this ordinance, including its effectiveness and enforcement, and the methods and data used to calculate the Schedule of Public School impact Fees contained in Section 3 . 363 The Board of County Commissioners shall review the report to determine if, within each benefit area, all areas of new construction are being benefitted by the fees. If the Board of County Commissioners determines that areas of new construction are not being benefitted, then it shall readjust the capital improvements program to correct this condition. If, after review of the methods and data used to calculate the Schedule of Public School Impact Fees, the Board of County Commissioners determines that adjustments are required in the Schedule, then it shall direct the County Manager and staff to prepare a report which outlines recommended changes for its consideration. SECTION 6 - CREDITS Any conveyance of land for a public school site or construction of new school facilities received and accepted by Orange County, a municipality located in Orange County, and/or the Orange County or Chapel Hill-Carrboro School Board from a developer shall be credited .against the public school impact fee due if the conveyance or construction meets the same needs as the public school impact fee- in providing new public school facilities. If the developer wishes to receive credit against the amount of the public school impact fee due for such conveyance or construction, the developer shall, prior to the agreement to convey land for or construct new public school facilities, or the conveyance of land for or construction of new school facilities, enter into a fee agreement with the County. The fee agreement shall provide for the establishment of credits and payment of the fee in a specified manner and time. The value of land conveyed or facilities constructed by a developer and accepted by the County, municipality or school board for purposes of this section shall be determined by an appraisal based on the fair market value of the land or facilities as established by the County. Construction shall be in accordance with applicable County, municipal, school board, and/or State standards. Any land conveyed for credit under this section shall be conveyed no later than the time at which public school impact fees are required to be paid. The portion of the public school impact fee represented by a credit for construction shall be deemed paid when the construction is completed and accepted for maintenance or when adequate security for the completion of the construction,has been provided. SECTION 7 - PENALTIES In addition to any other remedy allowed by N.C. General Statute 153A-123 , the failure to pay a public school impact fee is hereby declared to subject the person responsible for payment of the public school impact fee to a civil penalty. The amount of the penalty shall be equal to the amount of the unpaid school impact fee, plus an interest charge of one-half percent (1/2%) per month compounded monthly and a service charge of one hundred dollars ($100. 00) . 364 The County may assess this penalty against the land owner whereon new construction has occurred without payment cf the public school impact fee. However, no service charge will be assessed when the County staff has made an error in the fee determination. Furthermore, no penalty shall be assessed until the person or persons alleged to be in violation are served by registered mail, certified mail - return receipt requested, or personal service with notice to pay. The County Attorney is hereby authorized to institute a civil action in the name of Orange County in the appropriate division of the General Court of Justice in orange County for recovery of the penalty. All monies recovered shall be deposited in the appropriate trust fund. SECTION a - LEGAL STATUS PROVISIONS All ordinances and clauses in conflict herewith are hereby repealed to the extent of said conflict. If any clause or section of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of this ordinance which can be given separate effect, and, to this end, the provisions of this ordinance are declared to be severable. This ordinance shall not diminish any prior contractual or special or conditional use district zoning obligation to pay for or install road, park or other improvements required by orange County or a municipality located therein, nor shall the fulfillment of those obligations diminish any applicable public school impact fee owed to the County. This ordinance shall not diminish any prior obligation of the County or a municipality located therein to reimburse persons for road, parks or other improvements, nor shall the fulfillment of those obligations by the County or a municipality diminish any applicable credit owed to the feepayer. SECTION 9 - APPEAL TO THE ORANGE COUNTY BOARD OF ADJUSTMENT [Reserved] This ordinance shall be effective from and after the 1st day .of July, 1993 . This ordinance shall only apply to residential dwelling units for which building permits are issued on and after the effective date of the ordinance. Adopted this 7th day of June, 1993 . I PUBLIC SCHOOL BENEFIT A R �� $ , or �r P B l J f 366 RESOLU71Oti OF THE ORANGE COUNTY BOARD OF COUNTY COMMSSJO RS Y Date June 7 . 1993 _ Name of Subdivision Oak Pointe Maj-or Subdivision Owner/Applicant Thomas Clinton Bradley The Board of Coun Y Commissioners hereby approves the 10--lot Oak Pointe Major Subdivision Preliminary Plat, dated March 5, 1993, subject to the fulfillment of requirements specified herein. All roads shall be irrevocably dedicated to the general public and constructed to standards of the North Carolina Department of Transportation (NCDOT) . The approval of this resolution authorizes and directs the County Manager to accept for Orange County, and on behalf of the public generally, the offer of dedication to the general public of the streets to be named Oak Pointe Lane and Oak Pointe Court. This acceptance of the dedication shall be without maintenance responsibility. These streets shall be maintained by the owner/applicant until such time as they are accepted for maintenance by NCDOT or another governmental body. Before the Final Major Subdivision Plat of Oak Pointe may be recorded with the Orange County Register of Deeds, the following requirements must be completed: A. Sewage Disposal 1. Each lot shall contain adequate areas for septic disposal and repair 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 the Development Restrictions and Requirements Document to be recorded with the Register of Deeds concurrently with the Final Plat. The document shall also disclose that information regarding the tentative location of septic systems is available from the Division of Environmental Health. B. Roads and Access 1. Oak Pointe Lane and Oak Pointe Court shall be: a. Constructed to standards of the North Carolina Department of Transportation, within a 50-foot 367 right-of-way, and construction shall be inspected and approved by NCDOT; or b. Guaranteed financially through a letter of credit, escrow agreement, or bond submitted to secure construction to the standards of NCMT. 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 guarantee must reflect 110 percent of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. The Development Restrictions and Requirements Document to be recorded with the Final Plat shall state that the financial guarantee will not be released until road .construction has been approved by NCDOT. 2 . An erosion control plan for construction of the streets must be submitted. 3 . All lots shall have access to interior streets, namely: Oak Pointe Lane or Oak Pointe Court. No lots shall have frontage on Yarborough Road (SR 113$) . This restriction shall be stated on the Final Plat and in the Development Restrictions and Requirements Document. 4 . At street rights-of-way intersections, 5 ' X 100 ' taper- triangles and 10 ' X 70" sight-triangles shall be indicated in accordance with NCDOT design standards. 5. Approved street name signs shall be erected at intersections .as required in Section IV-B-3- c-12 of the Orange County Subdivision Regulations. Evidence shall be submitted by the applicant that signs are in place or a copy of the receipt for purchase of the signs shall be submitted to the Planning Department. C. Land Use Buffers and Landscaping I. Landscaping in Oak Pointe Subdivision shall be: a Installed or preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department; or b. Guaranteed financially through a letter of credit, escrow agreement, or bond 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. 368 2 • P=OvisiOns for protection of existing trees as shown on the approved landscape plan shall be included in the Development Restrictions'and Requirements Document to be recorded with the Final Plat. D. Drainage 10 Any stormwater detention/retention sites/undisturbed areas for infiltration shown on the approved Erosion Control Plan shall be labeled on the Final Plat. Use restrictions or other conditions shall be specified in the Development Restrictions and Requirements Document. 2. The existing cross drain located along -Yarborough Road (SR 1138) must be shown. When the final construction plans. are submitted for review, they should show the cross line .and address any drainage problems associated with the new development. E. Parkland 1. Cash in the amount of $899. 00 ($3,148.17/acre x 10 lots/35) shall be remitted to Orange County as payment in lieu of parkland dedication. F. 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 Subdivision Regulations. 2. The following natural and man--made site feature shall be shown on the plat: the low swamp area on the south side of the tract. 3. Front setbacks of 40 feet shall be maintained as measured from the ,edge of rights-of-way of Oak Pointe .Lane and Oak Pointe Court. Side yards shall be a minimum of 20 feet, and rear yards a minimum of 20 feet. These setback requirements shall be stated on the plat, and in the Development Restrictions and Requirements Document to be recorded with the Final Plat. G. 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 Certificate of Declaration and Maintenance in the form provided in Section V-D-6-b of the Subdivision Regulations signed by the landowner and developer shall be on the face of the plat and included in the Development Restrictions and Requirements Document. 3. The Division of Environmental Health shall certify that each lot contains a suitable area for septic disposal. 369 5 . NC-DOT shall certwfy that the streets have been constructed to Slate standards or that construction Plans have been approved. 6. A Certificate of Approval shall be signed b y the o County Planning and Inspections Departmerit. range dJ' dJ Signature o pplica erk o the Board I J of Coun Commissioners Date 704 Date it Thomas Clinton Bradley, accept the above listed conditions of subdivision approval, and acknowledge that each must be met prior to recordation of the final plat. A/ REVISED - 3"7Q ' RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date June 7, 1993 _ Name of Subdivision _ White Cross School Owner/Applicant White !Qross Partnership/Tom Whisnant The Board of County Commissioners hereby approves a•revision to the White Cross School subdivision preliminary plat and recombination, dated June 23, 1992 and containing 5 lots, subject to the fulfillment of requirements specified herein. The original relimina lat was approved by the Board of County Commissioncrs on Se tember 8 1922. stieh time as they efe aeeepted fer maintenanee by the North Gafelipa Depart nt ef A. Sewage Disposal I. Each lot used for residential purposes shall contain an adequate area for septic disposal, and repair area, approved by the Orange County Division of Environmental Health. 2. Disclosure that 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. A septic easement shall be provided for the residential portion of lot 1 (by lot 1B) as indicated on the Preliminary Plat. The easements and their conditions shall be contained in the development restrictive covenants or other documents. A reference to the restrictive covenants shall be included in a document 1 371 describing development restrictions to be recorded concurrently with the Final Plat. The non-residential portion of lot 1 shall not have access to the sewage disposal easement. 4. No part of a sewage disposal system is allowed within the 100-foot buffer around the community well. 5. Indicate water line easements and access easements for installation, monitoring and repair of the community well. B. Roads and Access I. - - 1 Everett Lane.shall be onstructed to Class.B private road standards within a 50 foot ri ht-of-wa ld Stone Road sh 11 he in t d he c n tructi n ppliffiedin writing he Oran a Cou n Planning Department by a North Carolina Professional Engineer, or a North Card lina Registered Land Surveyor. The 1 tion of the travelwa within the pJatted private r -ad rights-of-way-shall also e e ified OR A letter of credit, escrow agreement, or bond shall be submitted to secure construction of Everett Lane to the standards of the ��rth Garelina Class B private road standards. 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 ' certified bL NQrth Caroling ProfessiQnal Engineer or a North Carol ine Re i r ry r. 2. A 30-foot access easement shall be provided for lot 2 as shown on the Preliminary Plat. 3. An erosion control plan for construction of the roads shall be submitted by the applicant for review and approval by the Orange County Erosion Control Division. 4. A 10' by 70' sight triangle shall be shown at the entrance of the subdivision. 2 5. Lots 1, 1A, 1B, IC, 1D, and 2 shall access onto Everett Lane. All lots shally access onto the new subdivision roads. This restriction shall be stated in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. b. Approved street name signs shall be erected at the intersection of streets as required in Section IV-B-3-c-12 of the Orange County Subdivision Regulations. Evidence shall be submitted by the applicant that the sign is in . place or a copy of the receipt for purchase of the sign shall be submitted to the Planning Department. i 7 A rrQvision„xhgt further subdivision Qf anv of thhelot5 may ecr wire that-the ad be ul2graded a hi h i tion r to public standard f god that the cost of the upgrade will be the responsibility of the subdivider. This shall be included in a document describing development restrictions and requirements tg be prepared by Planning Staff and recorded concurrently with The Final Plat. C. Land Use Buffers and Landscaping 1. On the landscape plan, indicate proposed trees necessary to meet the .requirements of Section 1V-B-8 of the Subdivision Regulations. Landscaping shall be installed or preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. OR The applicant shall secure landscape requirement installation and preservation through a letter of credit, escrow agreement, or bond. An-estimate of the cost for required preservation, plantings and their installation must be provided. The financial guarantee shall reflect 110% of the 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. 3. A Type E Land Use Buffer shall be provided in the following locations: a. On lot IA, 1) adjacent to the right-of-way of NC Highway 54, and 2) adjacent to the LC-1 district along the eastern lot line; and b. On lot 1, 1) along both sides of the line between the NC-2 and R-1 districts, and 3 2) adjacent to the western lot line. 373 The buffer shall be 75 feet in width and provide sufficient vegetation to meet the standards of Section IV-B-S-e of the Subdivision Regulations. Said buffer shall be so noted on the plat, and described in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 4. No structures or septic systems are allowed within the 100-foot buffer around the community well. Said buffer shall be shown on the Final Plat. D. Parkland 1. Cash in the amount of $876.00 (5/35 acre x'$6,132/acre) shall be paid to Orange County as payment in lieu of parkland dedication. E. 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 following natural and man-made site features shall be shown on the plat: a. community well, and b. existing structures 3. The following easements shall be shown on the plat: a. sewage disposal easement on lot 1B, - b. 30' access easement to lot 2, C. water line easements from community well-, and d. access easement to maintain community well. 4. On the residential lots, a setback of 40 feet shall be maintained as measured from the edge of right-of-way of Everett Lane. Side yards shall be a -minimum of 20 feet, and rear yards a minimum of 20 feet. On the non- residential lots, the setbacks shall be as follows: a. In the LC-1 district, 15 feet front, 15 feet side, and 20 feet where adjacent to Residential-1, and b. In the NC-2 district, 50 feet front, 20 feet on the side adjacent to R-1, and 20 feet from the rear. These setback requirements 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. 4 5. The remaining application fee shall be paid in the amount of S198.00 (5375.00 - $177.00). 374 F. 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 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 Department of Environmental Health shall certify that each lot contains a suitable area for septic disposal or has access to an approved easement. C. been . 4. A Certificate of Approval signed by the Orange County Planning and Inspections Department. Signature of Applicant Clerk toA, 6 Board accept the above listed conditions of subdivision approval, and acknowledge that each must be met prior to recordation of the final plat. Applicant Date s 5