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HomeMy WebLinkAboutMinutes - 19940215 141008 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING FEBRUARY 15, 1994 The Orange County Board of Commissioners met in Special Session at 6: 0.0 p.m. in the OWASA community meeting room, Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. , and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don Willhoit. COUNTY STAFF PRESENT: John Link A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to go into Executive Session for the purpose of discussing personnel. VOTE: UNANIMOUS A motion was made by Chair Carey, seconded by Commissioner Halkiotis to adjourn the Executive Session and reconvene into Regular Session. VOTE: UNANIMOUS A motion was made by Chair Carey, seconded by Commissioner Halkiotis to grant County Manager John M. Link, Jr. an outstanding achievement merit award of 3 .75 percent of annual salary to be granted as a one-time, lump sum payment which does not become a part of annual salary. VOTE: UNANIMOUS i ADJOURNMENT With no further business for this Special Meeting, Chair Carey adjourned the meeting. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk . "709 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING FEBRUARY 15, 1994 The Orange County Board of Commissioners met in Regular Session at 7:3.0 p.m. in the OWASA community meeting room, Carrboro, North Carolina. COMY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. , and Commissioners Stephen H. Halkiotis, Alice M. Gordon, Verla C. Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Managers Albert Kittrell and Rod Visser, Economic Development Director Ted Abernathy, Assistant Public Works Director Mary Barbour, Planner Gene Bell, Clerk to the Board Beverly A. Blythe, Planner Emily Cameron, Planning Director Marvin Collins, Housing and Community Development Director Tara Fikes, Purchasing Director Pam Jones, Planner Eddie Kirk, Commission for Women Director Lucy Lewis, Public Works Director Wilbert McAdoo, Transportation Planner Slade McCalip, Management Analyst Sharron Siler and Fire Marshall Mike Tapp . NOTE: ALL ITEMS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE I. ADDITIONS QR CHANGES TO THE AGENDA The Chair added to the Consent Agenda as item VIII-O a change in the regular meeting schedule. He also added three appointments to VIII--D for the Family Support and Shelter Task Force. Commissioner Gordon deleted from the Consent Agenda the appointments for the Orange County Planning Board and the Board of Adjustment. She also deleted the minutes for December 11, December 16, December 21 and January 10. Commissioner Halkiotis removed from the Consent Agenda for discussion item B and Commissioner Gordon removed from the Consent Agenda for discussion items L, M and N. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey said that those who have indicated a desire to speak will be recognized at the appropriate time. S. MATTERS NOT ON THE PRINTED AGENDA Doug Ferguson, representing the Orange Lesbian and Gay Association (OLGA) , made reference to the proposed Orange County Civil Rights Ordinance and asked that the Board seek local legislation to add to the proposed ordinance "sexual orientation" as a protected class. He noted that OLGA is asking for equal rights -- not special rights. Chair Carey asked that OLGA take an active role and work with other counties and state organizations to gain support for the amendment. Betty Ibrahim, Chairwoman of the Orange County Republican Party, spoke against the request made by Mr. Ferguson. She stated that gays and lesbians don't fall into the category of people who have a history of being discriminated against such as blacks and women. She noted she does not support the proposed Civil Rights Ordinance as it is written. PUBLIC CHARGE Chair Carey read the public charge. III. BOARD COMMENT$ Commissioner Halkiotis asked that the Board discuss the Board member participation on the various boards and commissions. He wants to discuss the issue of time spent serving on these various boards and commissions. Commissioner Willhoit noted that there are only three boards that require a County Commissioner to participate. He finds it useful to be directly involved but feels a decision needs to be made on how many of these boards/commissions a Commissioner needs to serve. IV. COMY MANAGER'S REPORT - NONE V. RESOLUTIONS/PROCLMATIONS - NONE VI. SPECIAL PRESENTATIONS - NONE VII. PUBLIC HEARINGS A. ECONOMIC DEVELOPMENT DISTRICTS DESIGN MANUAL No presentation was made. The County Commissioners received as part of their agenda a complete copy of the Design Manual for the Economic Development Districts (EDDs) . CITIZEN COMMENTS Avis Lloyd-Kimbel, daughter of James Rippy, asked that all of her father's property be included in the I-40 EDD node. The property is located between the 1-40 node and Cornwallis Hills. There are seven acres just west of Cates Creek not included in the I-40 node. She noted that he has paid taxes on this property for 52 years and has not been allowed to do anything with this property. BOARD DISCUSSION Commissioner Gordon made reference to her four page memo to the Board of Commissioners and Manager dated February 11, 1994 which lists issues for further discussion and consideration. She read the memo, explaining that she would like the Planning Board to consider certain items when making their recommendation. A copy of this memo is in the Permanent Agenda File and made a part of these minutes by reference. Marvin Collins responded to Commissioner Gordon's comments about the Design Manual being consistent with the Land Use Plan and noted that there is a FY92-93 goal which specifically talks about the EDDs and mentions that it is the intent to change the Land Use Plan. In terms of location criteria, he actually feels that the criteria proposed for the EDDs are better than those currently existing for commercial-industrial activity nodes. The proposed design standards provide examples of how particular criteria should be applied. They also take into account areas planned for short or lonr range utility services. With regard to Commissioner Gordon's question about who will makt the judgments required to implement the design guidelines, Marvin Collins said "711 that he feels confident enough to make these judgments and also has staff he .feels can make these judgments. In terms of "fuzzy standards" he said that -hese standards were based on design manuals received from across the country. ` ' There is not an objective standard that will cover every situation. Every piece of ground to be developed has different characteristics about it. There first must be a site analysis and from that site analysis the designing process. He emphasized that they will not need additional staff to implement the design standards. With regard to Commissioner Gordon's questions about water and sewer costs, Commissioner Willhoit said that his vision of the Buckhorn node is that it will be connected to the Efland sewer system. it will provide some economic viability to the County's sewer line so that it can be used to expand services to other areas of Efland which have failed septic systems. He would like for it to be stated that connections will not be allowed to be made to the Alamance County line. John Link, speaking from a Manager's perspective, noted that he expects the private sector to pay for water and sewer extension except for those monies which are included in the County's Capital Improvement .Plan. The Board discussed water and sewer service to the EDDs. The existing sewer system has a collection and pumping capacity of 500, 000 gallons per day, and the County has an agreement with the Town of Hillsborough for them to treat up to 380, 000 gallons of the County system's wastewater per day. Chair Carey noted that although transportation is a concern, the reality is that many citizens are leaving the County to work elsewhere. He feels confident that transportation will be forthcoming from the Triangle Transit Authority+ Commissioner Gordon made reference to the cost benefit analysis and asked that the Board direct staff to identify information they should be collecting in the next two or three years to report back to the Board. She asked the Planning Board and Staff to come up with some suggestions for the Board's consideration. She suggested that the County Commissioners may want to monitor such things as (1) do the jobs go to County residents, (2) are they good paying jobs, (3) how much residential activity can be traced directly to this nodes, etc. Commissioner Insko made reference to page 3.3.10 in the Design Manual and asked for clarification on the widening of Old 86 and changing it from five lanes. Marvin Collins indicated that this can be accomplished by working with the Town of Hillsborough to change the proposed cross-section design of Old 86. He confirmed that two Hillsborough Town Commissioners have indicated support for such a change. Marvin Collins confirmed that right-of-way will be reserved and used for bus transportation or light rail depending on the density. Commissioner Insko said that it would help her to know when there will be a change in the Land Use Plan as a result of the Design Manual. She feels that if a district is good for orange County, it should be approved because they now know what the changes in the Land Use Plan are. one of her concerns about the I-40/01d 86 node is how the Board will coordinate with Hillsborough to make sure there is not strip development all the way out Churton Street along Old 86 to 1-40. Hillsborough recommended that there be a joint process to look at this area and she is supportive of that process. This node will impact on both the southern and northern part of Orange County. Chair Carey suggested that all questions and comments be referred to the Planning Board along with the entire proposal. He feels it will be necessary for the Board to identify the key elements they want to track over 712 the next few years and questioned if the tracking can be done without additional staff. A motion was made by Commissioner Willhoit, seconded Commissioner Halkiotis to refer this matter to the Planning Board, along wiL:. Commissioner Gordon's memo, the comments as stated above, and the following suggestions: 1. Consider removing permitted manufacturing uses from the I- 40/Old 86 node, or at least making them special uses; 2. Consider adequacy of proposed ordinance modifications in addressing access/driveway cuts onto Old 86, i.e. , property fronting on Old 86; 3. Consider phasing of implementation of prezoned areas to coincide with the extension of sewer service. The character of development without sewer may preempt the type of development that is desired; 4. Residential uses in secondary area I-40/86: Consider making residential uses special uses Consider reducing permitted residential density such that it is not more attractive (profitable) than business development Consider not zoning residential areas until a to. be specified amount of the primary area has been developed VOTE: UNANIMOUS VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Insko, seconded by Commission: Gordon to approve the items on the Consent Agenda as stated below: A. SPECIAL BOARD OF EQUALIZATION AND REVIEW The Board adopted a resolution as stated below providing for the appointment of a special board of equalization and review to hear 1994 property valuation appeals and established compensation for members of the E&R Board at $100 per meeting for the E&R Board chair and $75 per meeting for other E&R Board members: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION PROVIDING FOR THE APPOINTMENT OF A SPECIAL BOARD OF EQUALIZATION AND REVIEW WHEREAS, pursuant to North Carolina General Statute 105-322, the Board of Equalization and Review of Orange County is presently composed of the members of the Board of County Commissioners of Orange County; and WHEREAS, the Board of Commissioners of orange County is authorized to appoint a special Board of Equalization and Review to carry out the duties imposed by North Carolina General Statute 105-322; and WHEREAS, the Board of Commissioners of Orange County deem it advisable to appoint a .special Board of Equalization and Review and by this resolution provide for the membership, qualifications, terms of office and the manner rr filling of vacancies on the special Board of Equalization and Review; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The special Board of Equalization and Review of Orange County is 713 hereby created. 2. The Orange County special Board of. Equalization and Review shall consist of 3 regular members and 2 alternate members, each to serve for a term beginning on the date of appointment and continuing until this resolution is rescinded or revised. 3. Vacancies occurring and existing on the Orange County special Board of Equalization and Review shall be filled by the Orange County Board of Commissioners at their next regular meeting after the occurrence of the vacancies. 4. Each member of the special Orange County Board of Equalization and Review shall be a resident of Orange County and have the statutory qualifications necessary to hold the public office of County Commissioner in Orange County. In addition , the Board of Commissioners of Orange County, in selecting members of the special Board of Equalization and Review, may consider: a. The length of time a candidate has resided in Orange County, b. Whether and to what extent a candidate owns real property located within Orange County, c. Whether and to what extent a candidate is familiar with the value of real property located within Orange County, d. Whether and to what extent a candidate has had formal education in real estate appraising, e. The geographical composition of the special Board of Equalization and Review within Orange County, and f. Any other matters that the Board deems appropriate. After the ,members of the special Board of Equalization and Review of Orange County have been appointed, the Orange County Board of Commissioners shall designate a chair of the special Board. B. PYROTECHNICS PERMIT FOR THE RUSH CONCERT This item was removed from the Consent Agenda and considered below. C. APPLICATION SUPPLEMENT FOR THE ORANGE COUNTY PLANNING BOARD The Board approved a supplement to the regular application for citizens who are interested in serving on the Orange County Planning Board or on one of the municipal planning boards as.- an Orange County appointee as the supplement was presented in the agenda abstract. D. APPOINTMENTS The Board approved the fo-llowing appointments: Qraricie County Arts_ Commission Tom Waldrop - reappointed for a term ending 3/30/97 Elizabeth Cloutier - reappointed for a term ending 3/30/97 Jaki Green -- reappointed for a term ending 3/30/97 OPC Mental Health Board Lucien R. Sellet - appointed for a term ending 12/30/96 Recreation and Parks Advisory Council Keith Cook - reappointed for a term ending 3/30/97 James Dingfelder - reappointed for a term ending 3/30/97 Lorraine Parker - reappointed for a term ending 3/30/97 Domiciliary Home Community-Advisory Community-Advisory Commission Susan Davidson - appointed for a term ending 3/30/95 Family Support and Shelter Task Force 714 Stephen Halkiotis - representing the Orange County Board of Commissioners Jim Protzman - representing the Chapel Hill Town Council James Harris/Jacquelyn Gist - Carrboro Board of Aldermen Eric Swanson/his designee - Hillsborough Town Council Peggy Pollitzer/Chris Moran - Interfaith Council Mary Lou Smith - Orange Congregations in Mission Charlotte Ruth - Orange-Durham Coalition for Battered Women Rev. George Allison - Department of Social Services Tom Maynard - OPC Mental. Health Jaki Green/Sue Russell - Homeless Women and Children Task Force Judy Woodall - Commission for Women Tina Berrier - The Women's Center Jim Gibson - United way of orange County . E. MINUTES The Board approved the minutes for January 13, 1994 as presented, January 18, 1994 and February 1, 1994 as corrected. F. JAIL INSPECTION REPORT The Board received the report dated January 21, 1994, from the North Carolina Department of Human Resources as presented. G. HOUSING REHABILITATION CONTRACT AWARDS The Board awarded the following two rehabilitation contracts: i Dwelling Unit Bid Amount Contractor #20 $ 22, 610 Taylor Home Improvements.: : , 121 $ 20,465 MDH Construction H. HOME PROGRAM DEVELOPMENT AGREEMENT The Board approved the Development Agreement with the orange Community Housing Corporation for the Creel Street Project and authorize the Chair to sign the document on behalf of the Board upon approval by the County Attorney. I. UNPAID REAL PROPERTY AND TAX LIEN ADVERTISEMENT. The Board received the report as stated below which lists unpaid taxes that constitute a lien on all Real Property for the year 1993 and approved the Tax Lien Advertisement date of May 11, 1994: County $ 1,754, 921.77 Chapel Hill 357,554 .35 Carrboro 114,862.16 Hillsborough 70 000. 63 TOTAL $ 2,297,338.91 J. LEASE RENEWAL FOR THE CARRBORO PLAZA The Board approved and authorized the Chair to sign a lease renewal at Carrboro Plaza for one year for space used by the North Carolina Department of Motor Vehicles as a satellite Driver License Bureau contingent upr Attorney and Staff review. R. BUDGET ORDINANCE AMENDMENT #7 715 The Board approved the following grant project ordinance for the . Smart Start Program: Appropriation - Human Services - Smart Start $ 56, 254 Source - Intergovernmental - Smart Start $ 56,254 L. DIVISION OF LOT 18R IN NEW HOPE SPRINGS, SECTION ONE, PHASE B PRELIMINARY PLAN This item was removed from the Consent Agenda and considered below. M. SECTION THREE AND FOUR THE VILLAGE OF THE OAKS PRELIMINARY PLAN This item was removed from the Consent Agenda and considered below. N. PETITION FOR ADDITION - MONTVALE DRIVE IN CHAPEL HILL TOWNSHIP This item was removed from the Consent Agenda and considered below. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA B. PYROTECHNICS PERMIT FOR THE RUSH CONCERT Commissioner Halkiotis received a' commitment from the Fire Marshall for a demonstration of the pyrotechnics prior to the concert. County Manager John Link acknowledged that all criteria for the approval of a pyrotechnics permit, as approved by the Board on January 18, 1994, has been met by the Dean Smith Center for the RUSH concert scheduled for March 6, 1994. 1 A motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to approve and authorize the Chair to sign the permit contingent upon final site approval by the Chapel Hill Fire Officials. VOTE: UNANIMOUS Commissioner Insko expressed a concern about the change in crowd behavior. It was decided that this concern would be referred to the Coordination and Consultation Committee for further discussion. L. DIVISION OF LOT 18R IN NEW HOPE SPRINGS, SECTION ONE, PHASE B PRELIMINARY PLAN Commissioner Gordon expressed a concern about the shape of the lots and asked for an explanation of why these are irregularly shaped and why the Board should approve this subdivision. She suggested taking 18A and dividing it with the two adjacent lots making 18C and 18B a little bigger to include the septic land behind it. Planner Emily Cameron showed a map of the Upper Eno Watershed boundary and explained that most of the subdivision is not within the watershed. She explained how they got to this point and recapped the previous approval of last November and described how they recombined the lots. If they redesigned these three lots, they would lose one of the lots. The lots proposed meet the current subdivision regulations. A motion was made by Commissioner Gordon, seconded by Commissioner Insko to refer this preliminary plan back to the Planning Board for creative solutions to the problem and the general issue of irregular shaped lots and location of sewage disposal systems. VOTE: AYES, 2; NOS, 3 (Commissioners Carey, Halkiotis and Willhoit) 716 A motion was made by Commissioner Insko, seconded by Commissioner Gordon to asked the Planning Board/Staff to look at the issue of irregular, shaped lots and location of sewage disposal systems. VOTE: UNANIMOUS A motion was made by Chair Carey, seconded by Commissioner Willhoit to approve the Preliminary Plan for the division of lot 18R New Hope Springs subject to the conditions contained in the attached Resolution of Approval as . attached on pages of these minutes. VOTE: AYES, 3; NOS, 2 (Commissioners Gordon and Insko) M. SECTION THREE AND FOUR THE VILLAGE OF THE OAKS PRELIMINARY PLAN Commissioner Gordon asked about Section Three and was informed that it is not in orange County. She asked which school system would serve the subdivision since the agenda abstract indicates that those who live within one mile of the County line can choose which school system to attend. Commissioner Willhoit asked that the County staff report back not only on the policy but on how many students attend both systems who live outside of the County. With regard to emergency services, Geoffrey Gledhill stated that there are instances where emergency vehicles go into another county to access homes in Orange County. A motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve the Preliminary Plan for Section Three and Four of The Village of the Oaks subject to the conditions contained in the Resolution of Approval as attached on pages of these minutes. VOTE: AYES, 4; NOS, 1 (Commissioner Halkiotis) N. PETITION FOR ADDITION - MONTVALE DRIVE IN CHAPEL HILL TOWNSHIP In answer to a question from Commissioner Gordon, Geoffrey Gledhill indicated that approving this addition does not obligate Orange County to anything. only one lot of this subdivision is in Orange County. A motion was made by Commissioner Insko, seconded by Chair Carey to approve the addition of Montvale Drive in Chapel Hill township to the State-maintained Secondary Road System. VOTE: AYES, 4; NOS, 1 (Commissioner Halkiotis) CONSENSUS TO CONTINUE THE MEETING It was the consensus of the Board to continue the meeting to consider item IX-A, delay items IX-B, X-B and the Executive Session. This is the first time the Board has extended a regular meeting beyond 10: 30 since the inception of their new policy on December 6, 1993 . I%. ITEMS FOR DECISION - REGULAR AGENDA A. COMMUNITIES IN SCHOOLS RE VEST - John Link explained that this program will focus on the underlying problems of students, including physical and mental health, low self worth, inadequate life skills and workforce preparedness. Communities in Schools (CIS) builds a strong working partnership between the public and privat- sectors of the community. He recommends that the Board approve inter funding for FY 1993-94 in the amount of $10, 000 for the start-up of the Ci.. project. 717 Commissioner Halkiotis said - he: hopes that this program will -actually focus on a meaningful relationship in a coordinated way. He feels .it vitally important to get social workers into the schools to help the at- risk kids. Scott Gardner, Chair of the CIS Board of Directors, indicated he expects what Commissioner Halkiotis has expressed as a concern to happen.. They have no signed agreements but will be pursuing these as soon as a pilot, site has been selected. He explained that coordination of services will be a primary focus. Commissioner Gordon asked that the project be client driven and that outreach into the community to get parents from the target population involved in helping formulate the process will help the child to not be overwhelmed by a lot of professionals. A motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve interim funding for FY 1993--94 in the amount of $10, 000 for the start-up of the Orange County Communities in Schools (CIS) Project. VOTE: UNANIMOUS B. ORANGE COUNTY COMMUNITY HOUSING .CORPORATION FUNDING REQUEST This item was delayed to the next regular meeting scheduled for March 1, 1994. X. REPORTS a A. SADDLE CLUB ROAD SOLID WASTE SITE DEVELOPMENT The purpose of this report was to update the Board of County Commissioners on plans for development of a Solid Waste Convenience Center on Saddle Club Road in Cheeks Township. This plan was presented to the County Commissioners on November 16, 1993 at which time the Board approved the conceptual plan to enter into a long-term lease with the property owner for development of a Solid Waste Convenience Center on the property located on Saddle Club Road. The next steps in developing this site are listed in the agenda abstract on page two. In answer to a question from Commissioner Willhoit about the extent of public input, Wilbert McAdoo said that meetings were held in the community, soliciting input on what would be included at a Solid Waste Convenience Center (SWCC) and also input on location of any available land. Also, the Orange County Solid Waste Committee held various meetings out in the townships. A public hearing was not held on this particular site. The Board discussed the location of the site and what would be required to improve the site so it would be attractive for the community. Wilbert McAdoo said that other options for collection of solid waste were reviewed. There is not the growth in this area to support curbside collection. Mr. Steve Scarlett spoke for the Saddle Club and High Rock Community. He stated that they are against this site for a SWCC. In summary, he feels it is too close to the Alamance County line, will lessen the value of their homes and cause damage to the road. He suggested the County consider the Frazier Road site or private haulers. Carl Walters, owner of the proposed site; showed the proximity of the present site to the proposed site. He described the area and emphasized that this proposal will not hurt property values. He listed others in the 718 community who support this proposal. Ronnie Shields also spoke against this proposal. He stated that ,, he can find five other sites which are more centralized than the one bei proposed. He will call Wilbert McAdoo within a week to give him thi.; information. Joe Rice, owner of a Bed-and-Breakfast in that area, stated his . opposition to this site. Discussion ensued on looking at the process of locating sites for SWCC. John Link suggested that the Orange County Solid Waste Committee convene at the Efland Cheeks Community Center for a meeting with the citizens in that area. After that meeting, he will bring back a recommendation for the Board's consideration. 8. REPORT ON TOWNSHIP ADVISORY COUNCILS TACs This item was delayed to the next regular meeting scheduled for March 1, 1994. %I. APPOINTMENTS - NONE SII. MINUTES - NONE SIII. EXECUTIVE SESSION - LOCATION OF BUSINESS This item was delayed to the next regular meeting scheduled for March 1, 1994. XIV. ADJOURNMENT With no further items for consideration, Chair Carey adjourned tY_ meeting. The next regular meeting will be held on March 1, 1994 at 7: 30 p.m. ` in the Orange Grove Community Center, Hillsborough, North. Carolina. Beverly A. Blythe, Clerk Moses Carey, Jr. , Chair RESOLUTION OF THE 719 ORANGE COUNTY BOARD OF COUNTY COM IISSIONERS Date February-is, 1994_ Name of Subdivision The Village of The Oaks - Section Three and Four Owner/Applicant Rachel T Best The Board of County Commissioners hereby approves The Village of The Oaks Section Three and Four subdivision preliminary plat, dated November 19, 1993 and containing 5 lots in Orange County, subject to the fulfillment of requirements specified herein. Scarlet Oak Lane shall be irrevocably dedicated to the general public and be 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 Scarlet Oak Lane. This acceptance by Orange County of the dedication to the general public of Scarlet Oak Lane 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 The Village of The Oaks Section Three and Four can be recorded; A. Sewage Disposal I. Each residential lot in Orange County 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. B. Roads and Access 1. Scarlet Oak Lane shall be constructed to standards of the North Carolina Department of Transportation, within a 50 foot right-of-way, and the construction shall be inspected and approved by NCDOT. 1 OR 720 A letter of credit, escrow agreement, or bond shall be submitted to secure construction of Scarlet Oak Lane 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. Submit an erosion control plan for construction of the road. 3. All lots shall access onto the new subdivision road. 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. 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 tl'Planning and Inspections Department. OR 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. 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. D. Parkland 1. Cash in the amount of$245.00 [($2,859/acre x 3/35 acre)] shall be paid to Orange County as payment in lieu of parkland dedication. 2 E. Miscellaneous 721 L 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 easements shall be shown on the plat: a. A 30-foot drainage easement shall be provided as determined by the Erosion Control Personnel and shown on the Preliminary Plan. b. A 20-foot utility easement as shown on the Preliminary Plan. 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 all residential lots contain sufficient area for septic tank disposal and repair" 4. The North Carolina Department of Transportation shall certify that Scarlet Oak Lane has been constructed to State standards or that construction plans have been approved. 5. A Certificate of Approval signed by the Orange County Planning and Inspections Department. Signature of Applicant -� Clerk o the Board e I , accept the above listed conditions of subdivision approval, and acknowledge that each must be met prior to recordation of the Final Plat. G 5' n r e. V 3 722 1 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMIMZISSIONERS Date , Febr uam 15;1994 Name of Subdivision Subdivision of Lot 18R in Section One. Phase B of New Hope Springs Owner/Applicant B K &K_Proaertie5 The Board of County Commissioners hereby approves the subdivision of Lot 18R New Hope Springs preliminary plat, dated December 15, 1993 and containing 3 lots, subject to the fulfillment of requirements specified herein. 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. 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. B. Roads and Access 1. Lot 18C shall access onto Hope Valley Drive. All lots shall 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. 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 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 723 2 for required preservation, plantings and their installation must be provided. The financial-guarantee shall reflect 1100 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 A Land Use Buffer shall be provided on lot 18C along the right-of- way for Davis Road. The buffer shall be 30 feet in width and provide sufficient vegetation to meet the standards of Section IV-B-8-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. D. Drainage 1. Indicate the boundary of the Upper Eno Watershed. 2. Provide impervious surface calculations for the portions of lots 18A and 18B located in the Protected Watershed. Impervious surface data, as pursuant to Article 6.23 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. E. Parkland 1. Cash in the amount of $784.00 ($13,724/acre x 2/35 acre) shall be paid 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 Orange County Subdivision Regulations. 2. A setback of 40 feet shall be maintained as measured from the edge of right- of-way of Davis-Road, Hope Valley Drive, and New Hope Springs Drive. 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 a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. G. Certifications 1. A Certificate of Su ey ry and Accuracy sta oned by a registered Land Surveyor shall be notarized on the face of the Final Plat. 724 3 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. 4. A Certificate of Approval signed by the Orange County Planning and Ins tions Department. Signature-- licant Cie to the Board L , accept the above listed conditions of subdivision approval, and ackn wledge t at ch must be met prior to recordation of the final plat. Applicant ate