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HomeMy WebLinkAboutORD-2004-002 - Subdivision Regulations Amendment IV-B-3 Streetso R A -. a,oo y- a d a ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT 2 y ~ ~~ ~ Craig N. Benedict, AICP, Director ~~ Administration ~~` * ~ ° ~ 306E Revere~Road :.- (919) 245-2575 u ~ P O Box 8181 (919) 644-3002 (FAx) ,~¢ Hillsborough, www.co.orange.nc.us "°~r4 E.~o~~°° North Carolina, 27278 MEMORANDUM TO: Holders of the Orange County Subdivision Regulations .FROM: Debra Graham, Administrative Assistant DATE: July 23, 2004 SUBJECT: .Amendments to Subdivision Regulations Enclosed are additional amendments to the Orange County Subdivision Regulations approved by the Board of County Commissioners on June 26, 2003 and February 3, 2004. ~If you have questions, please contact me. Thanks. TABLE OF CONTENTS Section Page I Purpose, Authority, Jurisdiction, Private Property Rights and 1 Applications to be Processed Expeditiously II Definitions 3 III Application and Approval Procedures 7 General Provisions 7 Classification of Subdivisions 7 Approval Procedures for Minor Subdivision 9 Approval Procedures for Major Subdivision 12 IV Required Minimum Design Standards 25 Minimum Lot Size 25 Land Suitability 25 Streets 27 Alleys 32 Lot Layout 33 Reservation of Space for Utilities 34 Sites for Public Use 35. Landscape & Buffer Requirements 46 Cluster Developments 60-a Wetlands 65-t School Adequate Public Facilities 65-u Interim Development Standards 66 V Specifications for Plat Drawings 67 Concept Plan 67 Preliminary Plat 68-b Final Plat 69 VI Group Development ~ 75 VII Legal Status Provisions 76 Interpretation, Application and Conflict 76 Separability 76 Re-Enactment and Repeal of Existing Subdivision Regulations 76 Amendment Procedures 77 Enforcement 79 Effective Date 84 Appendices A Private Road Standards A-1 B Watersheds of Local/Regional Importance B-1 C Recommended Landscaping Standards C-1 D Recommended Buffer Standards D-1 E Recreation Service Area Boundaries E-1 IV-B-3. STREETS *IV-B-3-a. "Amended 4/4/88 11/1 sro1 The provision of street rights-of-way shall conform to and meet the requirements of such adopted Comprehensive Plan for Orange County as may be recommended by the Planning Board and adopted by the Orange .County Board of County Commissioners, from its date of adoption, including, where appropriate, reservation for or dedication of street rights-of-way for future transportation facilities proposed in the Comprehensive Plan. A subdivider shall not be required to provide or dedicate right-of-way for a proposed street to which access would be prohibited by any governmental agency. IV-B-3-a-1. Amended 2/3/04 .Subdivision of land abutting a roadway for which the Orange County Board of County Commissioners has approved recommendations from a plan or corridor study is subject to provisions of the approved corridor plan or study. The subdivider, in such cases, shall provide any improvements or other means to ensure construction recommended ~in such. plan or corridor study, such as facilities for bicycles, sidewalks, and public transportation. The subdivider, in cases where the recommendations address access management, shall use design elements recommended in the plan or corridor study to reduce conflict points. In addition, policies prescribed in Phase V of the Access Management Awareness Project and Report, or other adopted studies of strategies, shall be considered during subdivision and site plan review to assess access management and other corridor design considerations. *IV-B-3-b. *Amended 10/16/90 (eff. 12/3/90) 11I1s/o1 All subdivisions shall have a coordinated street system with public or private .streets that access a public, municipal street or a public, State maintained street. A coordinated street system shall consider the following: (a) Public street rights-of-way shall abut adjacent properties as necessary to provide connectivity to the countywide transportation network; and (b) Lot access to streets serving the subdivision shall be limited. in the case of streets that provide a link between two or more roads. designated in the Comprehensive Plan as arterials or collectors. All subdivisions shall have at least one street, which intersects with or joins a public, municipal street, or a public, State maintained street. -27- IV-B-3-c. Public dedicated streets must meet the minimum construction standards as adopted by the N.C. Department of Transportation for acceptance of streets as additions to the State Highway System, but shall be no less than the following: IV-B-3-c-1. Widths -Right-of-way widths, measured from lot line to lot line, shall be as wide as existing streets extended, but in no case shall said widths be less than the following: *Amended 10/4/82 '`Street Type Minimum Required ROW Width (in feet) Arterial Street 100 Collector Streets 70 Minor Streets ~ 50 Marginal Access Streets 45 Cul-de-sacs 45 *IV-B-3-c-2. *Amended 1 v1s/85 Partial Widths - A partial width right-of-way may be allowed in a subdivision where: (a) In the judgement of the Planning Board and with the approval of the Board of County Commissioners, it is found that the nature and location of the subdivision, including such considerations as topography, the surrounding area, the present and future road plans., and access by public safety vehicles, are such that a partial width right-of-way is justified; and, (b) The access serving the subdivision is classified as a Class B road according to the. Orange County Private Road Standards; and, (c) The right-of-way width provided is adequate to allow for the_ construction of a travelway, ditches, shoulders and turn-around required for the class of road serving the subdivision; and, (d) The right-of--way width provided would allow access by the largest emergency services vehicles serving the district in which the subdivision is located; and, (e) If one or more of the following conditions are met: (1) When. the partial width right-of-way adjoins undeveloped property and is not less than 25 feet in width, and when said .adjoining undeveloped property is subdivided and the remainder of the full required right-of--way can be dedicated.. -28- (2) When access to the subdivision is across property owned by other than the applicant and the property owner is unwilling to grant, sell or otherwise convey the full required right-of-way width to the applicant. (3) When pre-existing conditions preclude the provision of full right-of-way due to the pattern of adjacent development, historical common access and/or site-specific physical constraints. IV-B-3-c-3. Grades -Proposed streets shall conform to grade standards adopted by the Department of Transportation for public roads, or by Orange County for private roads. IV-B-3-c-4. Intersections -Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at an angle less than sixty. (60) degrees. *IV-B-3-c-5. Deleted *Amended 7/5/83 *IV-B-3-c-6. Curves -Horizontal and vertical .curves steal! be designed by the subdivider according to the standards of the N.C. Department of Transportation and in the interest of public safety and general welfare. Factors to be considered, among others, shall be the type and importance of the street,. sight distance, anticipated traffic volume and design speed. IV-B-3-c-7. Culs-de-sac - Culs-de-sac shall not be used to avoid connection with an existing street or to avoid the extension of an important street. *IV-B-3-c-8. *Amended 4/4lss Access Restrictions - Where a subdivision adjoins a heavily traveled street classified as arterial or collector in the Orange County Comprehensive Plan, in the interest of highway safety, the subdivider shall be required to provide a common driveway, a marginal access street parallel to the arterial or collector, or reverse frontage on a smaller street when the only access to the subdivision will be from an arterial or collector street. Where .access is available to any internal subdivision street, whether by reverse frontage or other lot arrangement, private driveways shall not have access to the arteria( or collector. It is the intent of this section to minimize the number of points of egress and regress to main roads within Orange County. IV-B-3-c-9. Reverse Frontage -Reverse frontage may be required. along arterial streets where deemed necessary for adequate protection of residential properties. -29- *IV-B-3-c-10. *Amended 7/5/83 ~o/5/sa Lot Boundaries -The parcel boundary for lots adjacent to proposed public road rights-of-way shall extend to the edge of the right-of-way. IV-B-3-c-11. Street Names -Names of streets which. duplicate or be confused with the names of existing streets within Orange County, including all municipalities, shall not be approved. Extensions of existing and named streets shall bear the name of such existing streets. House numbering shall comply with standards recommended by the Planning Board and adopted by the Board of County Commissioners. *IV-B-3-c-12. *Amended X0/3/88 Street Name Signs -Approved street name signs shall be erected by the subdivider at the intersection of streets. Street name signs shall meet the following standards:. A) Size -Signs shall be either 6"x24", 6"x30", or 6"x36" depending on the length of the legend they display. B) Height -Signs shall be mounted at a height of 8'6" measured from the bottom of the blade to the road's surface. C) Posts - 10'6" aluminum posts, OD 2.375" with .109 wall shall be standard. D) Mounting --Signs shall be placed in the ground at a depth of 2 to 3 - feet. E) Number of Blades - 2 blades, naming both the subdivision street and public road shall be affixed per sign post. F) Blades - 0.63 gauge aluminum flat blades shall be used. G) Reflectorization =.Signs shall be reflectorized. H) Color -Signs shall have a white message and border on a green background. I) Sign-Faces -Sign faces shall be parallel to the streets they name. J) Lettering -Lettering shall be at least 4 inches high unless the name is very long, in which case slightly smaller lettering shall be acceptable. Upper case lettering shall be standard. K) Amount of Legend -Three lines, including street name, block and state road numbers shall be maximum. -30- L) Lateral Clearance.- Signs shall have maximum practical clearance from the road's edge. Suggested lateral clearance is 6'. *IV-B-3-d-1. `Amended 2/1 /88 4/4/88 10/16/90 (eff. 12/3/90) 5/3/93 8/8/94 10/10/00 s/18/o1 Roads -Public roads are generally required in all subdivisions and will be required where it is found that: 1. The subdivision roads would be accepted by the State for maintenance if: a. They are built in a manner which satisfies the minimum State design and construction criteria for subdivision roads; and b. They would satisfy other requirements for addition to the State maintenance system, including, but not limited to, the general density standard of at least two occupied residences for each. one-tenth of a mile of subdivision road. If, upon review of a subdivision plat, it is determined that the general density standard is met, but a design standard is not, a re-design will be required where possible. For example, if the number of lots proposed along a subdivision road would clearly satisfy the density standard, but the road design was such that the centerline radius did not meet the minimum standard of 230 feet for level land, a new road design would be required. Another example is a situation where a landscaped island or entrance median prevents acceptance of the road for maintenance. The above criteria and standards are identified in a publication, Subdivision Roads-Minimum Construction Standards, prepared by and available from the N.C. Department of Transportation; or 2. The subdivision roads extend existing roads which are public; or 3. The subdivision roads are part of a development which is located in an area designated as Urban or Transition on the Orange County Comprehensive Plan; or 4. A proposed road is designated as an arterial or collector on an approved Thoroughfare Plan for a municipalityor in the Orange County Comprehensive Plan; or -30-a- 5. The subdivision roads are part of anon-residential development consisting of office, retail, industrial, and similar businesses, each located on a separate lot. This provision shall only apply to that portion of a subdivision being developed for non-residential purposes. A private road shall be deemed justified for a minor residential subdivision resulting in no more than three lots provided: 1. No new lots have been created from the parent tract, through subdivision or other manner exempted from subdivision regulations, since the more recent: a. date of adoption of this provision; or b. ten years from the date of recordation of the parent tract if the lot being subdivided was created using the three-lot private -road justification provision. The parent tract, for the purpose of this provision, is the lot or tract of land that is being subdivided. 2. All, resulting lots meet Orange County Zoning Ordinance minimum lot area per dwelling unit and maximum density requirements for the zoning district, including any overlay district, in which the subdivision is located. Such subdivision of three or fewer would be encouraged to provide a private access easement for one adjacent lot to access the private road in order to reduce the number of access points on a public road. For all other subdivisions the Planning. Board and the Board of County Commissioners (in the case. of major subdivisions) and Planning staff (in the case of minor subdivisions) shall consider the following design features when determining whether to permit private roads.. There is no right to a private road in any subdivision containing more than three lots. At a minimum, a private road may be justified if the subdivision meets standards of 1.a and at least two other design features listed below.. The location and design of the subdivision is such that it clearly preserves the rural character of the County through: a. The provision of lot sizes and building setback lines significantly greater than required by the underlying zoning :district, including any overlay district requirements, according to the following standards: 1) The following, with respect to lot sizes, shall be deemed as significantly greater than required by the underlying zoning district for conventional subdivisions. (a) All lots in the subdivision must beat least 80,000 square feet if the minimum lot size of the zoning district is 40,000 square feet or less.. -30-b- (b) All lots must be at least 120,000 square feet (2.75 acres) if the minimum lot size or area per dwelling unit of the zoning district is 80,000 square feet. (c) All lots must be at least 130,680 square. feet (three acres) if the minimum lot size or area per dwelling unit of the zoning district is 87,120 square feet (two acres). (d) All lots must be at least five acres for all other cases. IF Zoning district area per dwelling unit: <_40,000 s . ft. = 80,000 sq. ft. 1.84 ac = 87,120 sq. ft. (2 ac.) All other cases Minimum area per dwelling T unit for Private road: 80,000 sq. ft. 120,000 sq. ft. 130,680 sq. ft. 5 acres H (2.75 ac.) (3 ac.) E N Building setbacks for Private road: Twice those re wired by Orange Count Zoning Ordinance 2) The following, with respect to lot sizes, shall be deemed as significantly greater than required by the underlying .zoning district for cluster subdivisions or subdivisions developed using flexible development provisions in Section IV-B-10 that are not eligible for a density bonus. The following do not apply to subdivisions developed using provisions of Section IV-B-10 Section G. (a) In zoning districts having a minimum lot size of 40,000 square feet: • All lots must be at least 80,000 square feet in subdivisions providing 40% or less open space; • All lots must be at least 70,000 square feet in subdivisions providing 41 % - 49% open space; • All lots must be at least 60,000 square feet in subdivisions providing 50% or greater open . space. (b) In zoning districts having a minimum lot size or -area per dwelling unit of 80,000 square feet or two acres (87,120 square feet): • All lots must be at least 130,680 square feet (3 acres) in subdivisions providing 40% or less ..open space; • All lots must be at least 90,000 square feet (2.07 acres) in subdivisions providing 41 % - 49% open space; • All lots must be at least 60,000 square feet (1.38 acres) in subdivisions providing 50% or greater open space; -31- Zoning district area per = 80,000 sq. ft. = 87,120 sq. ft. IF dwelling unit: <_ 40,000 s . ft. 1.84 ac. (2 ac.) AND %° open space T Minimum Lot Size for Private Road H E N 33% - 40% 80,000 sq. ft. 130,680 sq. ft. 130,680 sq. ft. 3 ac. 3 ac. 41 % - 49% 70,000 sq. ft. 90,000 sq. ft. 90,000 sq. ft. 2.07 ac. 2.07 ac. > 50% 60,000 sq. ft. 60,000 sq. ft. 60,000 sq. ft. 1.38 ac. 1.38 ac. Building setbacks for Private road Twice those required b Orange Count Zoning Ordinance 3) Building setbacks in all districts must be at least twice those required by Orange County Zoning Ordinance. b. The retention and/or provision of landscaping and use of clustering of dwelling units to screen the view of the subdivision from public roads,. maintain a wooded or forested character, maintain scenic views, or preserve wildlife, botanical, historic, archaeological and/or recreation sites; and/or c. The preservation of site features which directly enhance the special or unique cultural, historical, archaeological or biological characteristics of the immediate area as referenced in "An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County" or, for historic sites, if the site is deemed eligible by the State Historic Preservation Office for inclusion in the.. National Register of Historic Places. 2. The number, location andlor size of lots to be located in the subdivision are such that, even if constructed to State standards, the streets would not be accepted by the State for maintenance due to density or other State requirements. 3. At least fifty percent (50%) of the site is to be dedicated and preserved through restrictive covenants and contains recreation andlor open space areas of significant botanical, wildlife, historic and/or archaeological sites as referenced in "An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County." -31-a- 4. In subdivisions to be located in a Protected Watershed as designated in the Orange County Comprehensive Plan, stream buffers are increased by twenty-five percent (25%) above those required by Article 6.23 of the Orange County Zoning Ordinance and the impervious surface allowed is .decreased by fifteen percent (15%) to allow greater infiltration ofistorm water runoff to prevent the pollution of water supply reservoirs. 5. The site contains topographic and environmental features, such as streams, steep slopes, or watersheds, that would be adversely affected by the use of roads constructed to State. standards because of factors such as significant amounts of earthwork (cut and fill) that would contribute to increased run-off of stormwater and siltation. 6. The site is already developed to 100% of the capacity which could be achieved after approval of the subdivision and some or all of the non- conforming aspects of existing development on the site will be made more conforming as a resulf of the proposed subdivision, and. all conforming aspects of the development will remain conforming. 7. There is only one subdivision road proposed. Its length does not exceed. 350 feet , it serves no more than five (5) lots, its grade does not exceed 9%, and the land being subdivided is not connected to or part of another subdivision required to be served by public roads. The Declaration of Development Restrictions, prepared by the Planning Staff and recorded concurrently with the ,Final Plat, shall include a statement thaf further subdivision of any of the lots may require that the road be upgraded to a higher private road classification, or to public standards, and that the cost of the upgrade will be the responsibility of the subdivider. Where a parcel being subdivided was created by a previous subdivision approved after July 5, 1983, then the previous subdivision as well as the proposed subdivision will be considered in determining whether a private road is still justified. It shall be the responsibility of the applicant for subdivision approval to supply a written statement justifying the reasons for private roads in the proposed subdivision. Compliance with one or more of the above standards does not insure approval of either a public or private road within a proposed subdivision. -31-b- *IV-B-3-d-2. "Amended 2J1 /88 8/6/90 10/16/90 (eff. 12/3/90) A private road shall be required to meet standards set by Orange County as described in Appendix A of the Subdivision Regulations. Satisfactory proof that the standards are met will be required by the County Manager or his appointed agents. If a subdivision is to contain private roads, the subdivider shall have an instrument recorded contemporaneously with the final plat substantially in the form of the County's Standard Road Maintenance Agreement entitled, "DECLARATION OF RESTRICTIONS AND PROVISIONS FOR PRIVATE ROAD MAINTENANCE", guarantee (a) aright of access to any private road in the subdivision by all lots served by the road and by law enforcement and emergency vehicles, (b) right of - State or municipally maintained access for the proposed private road to a road byway of direct access or other private roads, (c) perpetual maintenance of -any private road serving the subdivision at the standards set for approval, and (d) provide record notice of the probability that future development dependent on the private roads for access will require upgrading of the roads to a higher private road standard or public dedication and upgrading of the road to North Carolina Department of Transportation standards. See Section V-D-6-b(2) for additional requirements. IV-B-3-d-3. "Amended 1o151s4 The land within a private road easement shall be included within the lot boundaries of the lot or lots which border the easement. The .road maintenance agreement shall include a provision that if the road is dedicated for public use at a later date, then the lot boundaries-will be revised to extend only to the edge of the right-of-way, as required by Section IV-B-3-c-10 of this Ordinance. *IV-B-3-e. ''Amended 2/1/88 Traffic Impact Study - A traffic impact study shall be required of subdivisions as defined in Section IV-B-3-e-3. The study will enable Orange County to assess the impact of a proposed subdivision on the highway system when that system is at or near capacity or a safety problem exists. Its purpose is to insure that proposed developments do not adversely affect the highway network and to identify any traffic problems associated with access from the site to the existing transportation network. The purpose ofthe study is also to identify solutions to potential problems and to present improvements to be incorporated into the proposed development. -31-c- *IV-B-3-e-1. '`Amended 2/1 /88 8/21 /90 Conduct - A traffic impact study shall be prepared by a qualified professional, traffic engineer and/or certified transportation planner with previous traffic study experience. The procedures and standards for the traffic impact study are set forth in Section IV-B-3-e-3 of this Ordinance. Prior to the preparation of the traffic impact study, a scoping meeting shall be held, including the planning staff, the applicant, and the prepares of the study. The discussion at this meeting should set the study parameters, including the study area, planned and committed roadway improvements (by NCDOT or others), road- links and intersections to be analyzed, preliminary traffic distribution, other planned developments to be considered, traffic. growth rate, available data, periods for which analysis is to be performed, and other staff concerns. The qualifications of the prepares may be discussed at or prior to this meeting. *IV-B-3-e-2. "Amended 2/1 /88 s/21/so Applicability -Except as described below, a traffic impact study shall be required-for all subdivisions containing 80 or more dwelling units or where the estimated traffic generated by the subdivision exceeds 800 trips/day. A subdivision containing 80 or more dwelling units or which generates traffic in excess of 800 trips/day may be exempted for the requirement to prepare and submit a traffic impact study. if, as part of sketch plan review for the subdivision, a traffic impact study has previously been prepared for this particular project or development and there. is to be no change in land use or density that would increase travel and no change in access to the external street system or material is submitted to demonstrate that traffic created by the subdivision when added to existing traffic will not result in a need for transportation improvements. Planning Department Staff will review material submitted in support of an exemption and will determine from that material whether or not to grant the exemption. If an exemption is granted, documentation of the exemption will be submitted as part of the staff recommendation on the preliminary plan. Orange County may require any subdivision approval application to be accompanied by a traffic impact study when a road capacity or safety issue exists. If one is required, the County will notify the applicant of the reason for the requirement. -31-d- *IV-B-3-e-3. *Amended 2/1/88 8121/so General Requirements and Standards -The traffic impact study shall contain the following information: A) General Site Description -The site description shall include the size, location, proposed land uses, number of units and gross square footage by land use, existing land -use and zoning, construction staging and completion date of the proposed land development to the extent known or able to be described at the time the application is prepared. If the development is residential., types of dwelling units and number of bedrooms shall also be included. A brief description of other major existing and proposed land developments within the study area shall be provided. The general site description shall also include probable socio-economic characteristics of potential site users to the extent that they may affect the transportation needs of the site (i.e., number of senior citizens). B) Transportation Facilities Description -The description shall contain a full documentation of the proposed internal and existing external transportation system. This description shall include proposed internal vehicular, bicycle and pedestrian circulation, all proposed ingress and egress roadway system within the study area. Major locations, traffic channelizations, and any traffic. signals or other intersection control devices at all intersections within the site. The report shall describe the entire external roadway system within the study area. Major intersections in the study area and all intersections or driveways adjacent to or within 400 feet of the site .shall be identified and sketched. All existing and proposed public transportation services and facilities within one mile of the site shall also be documented. Future highway improvements, including proposed construction and traffic signalization, shall be noted. This `information shall be obtained from North Carolina's Transportation Improvement Program. -Any proposed roadway improvements due to proposed surrounding developments shall also be noted. C) Existing Traffic Conditions -Existing traffic conditions shall be documented for all roadways and intersections in the study area. This shall include documentation of traffic accident counts as recorded by the N.C. Department of Transportation District Engineers Office, municipal or county law enforcement, and the N.C. Highway Patrol. Existing traffic volumes for average daily traffic, peak highway hour(s) traffic and peak development generated hour(s) traffic, if appropriate, shall be recorded. Manual traffic counts at major intersections in the study area shall. be conducted, encompassing the peak highway and development generated hour(s), if appropriate, and documentation shall be included in the report. Existing average daily or peak-hour traffic counts made within -31-e- one year of the study date may be used subject to Planning Department approval. A volume/capacity analysis based upon existing volumes shall be performed during the peak highway hour(s) and the peak development generated hour(s), if appropriate, for all roadways and major intersections expected to be impacted by development traffic. Levels of service shall be determined for each signalized intersection or roadway segment analyzed above. This analysis will determine the adequacy of the existing roadway. system to serve the current traffic demand. Roadways and/or intersections experiencing levels of service E or F shall be noted as congestion locations. D) Transportation Impact of the Development -Estimation of vehicular ,trips to result from the proposed development shall be completed for the average weekday, the average daily peak hours of highway travel in the study area, and, if appropriate, peak hour of traffic generation by the development. Vehicular trip generation rates to be used for this calculation shall be obtained from an accepted source such as "Trip Generation" (Institute of Transportation Engineers, Fourth .Edition, 1987 as amended). These development generated traffic movements as estimated, and the reference source(s) and methodology followed shall be documented. These generated volumes shall be distributed to the, study area and assigned to the existing roadways and intersections throughout the study area. Documentation of all assumptions used in the distribution and assignment phase shall be provided. All average daily traffic link volumes within the study area shall be shown graphically. Peak hour turning movement volumes shall be shown for signalized and other major intersections, including all access points to the development. Pedestrian and bicycle volumes at school crossings and as otherwise applicable shall be reported. Any characteristics of the site that will .cause trip generation to vary significantly from average rates available in published sources shall be documented, including such factors as diversion of passer-by traffic, internal capture, staggered work hours, or use of transit. E) Analysis of Transportation Impact -The total traffic demand that will result from construction of the proposed development shall be calculated. -This demand shall consist of the combination of the existing traffic generated by the proposed development, and traffic due to other developments and .other growth in traffic that would be expected to use the roadway at the time the proposed development is completed.. If staging of the proposed development is anticipated, calculations for each stage of completion shall be made. This analysis shall be performed for average weekday traffic, the peak highway hour(s) and if appropriate, peak development generated hour(s) for all roadways and major intersections in the study area.- Volume/capacity calculations shall be completed for all major intersections. It is usually at these locations that capacity is most restricted. -31-f- All access points and pedestrian crossings shall be examined for adequate sight distance and for the necessity of installing trafhc signals. The traffic signal evaluation shall compare the projected traffic and pedestrian volumes to the warrants for traffic signal installation. F) .Conclusions and Recommended Improvements -Levels of service for all roadways and signalized intersections serving 10 percent or more of peak-hour project traffic shall be reported. All roadways and/or signalized intersections showing a level of service below D in urban or developed areas or below C in rural areas shall be considered deficient, and specific recommendations for the elimination of these problems shall be listed. This listing of recommended improvements shall include, but not be limited to the following elements: internal circulation design, site access location and design, external roadway and intersection design and .improvements, traffic signal installation and operation including signal timing, and transit service improvements. All physical roadway improvements shall be shown in sketches. *IV-B-3-e-4. '`Amended 2/1 /88 8/21/90 Submission and Implementation -The traffic impact study will be submitted to the Orange County Planning Department within the applicable time frame indicated below. The Planning Department will review the study as part of the development review process. Recommendations will be incorporated into the approval process as indicated below. A) Time of Submission -The sketch plan should be sufficiently detailed to allow the Planning. Department to assess the need for a traffic impact study. The traffic impact study shall be submitted to the Planning Department with and as part of, the preliminary plan application. for subdivision approval B) Implementation -The Planning Department and such other agencies or officials. as may appear appropriate in the circumstances of the case shall review the impact study to analyze its adequacy in solving any traffic problems that will occur due to the subdivision. The Planning Department and Planning Board may recommend and the Orange County Board of Commissioners may decide that certain improvements on or adjacent to the site are mandatory for plan approval and may attach these conditions to the approval. If the Board of Commissioners concludes that additional improvements are necessary, the applicant shall have the opportunity to resubmit alternative improvement designs for approval -31-g- IV-B-12. SCHOOL ADEQUATE PUBLIC FACILITIES Amended. 6/26103 IV-B-12-a. Purpose The purpose of this Section is to ensure that, to the maximum extent practical, approval of new residential development will become effective only when it can reasonably be expected that adequate public school facilities will be available to accommodate such new development. IV-B-12-b. Applicability The provisions of this Section shall- apply to the following areas: The entirety of the County lying outside of the municipalities therein, outside of the extraterritorial planning jurisdiction, if any, of the municipalities therein and also outside of the Joint Planning Area Transition Area, if any, of the municipalities therein. .The Chapel Hill-Carrboro School District and the Orange County School District are each declared an overlay district in order to implement Schools Adequate Public Facilities as prescribed in this Article. Within the Chapel Hill-Carrboro School District Overlay District and within .the Orange County School District Overlay District, the provisions of this Article apply. IV-B-12-c. Administration IV-B-12-c1. Certificate of Adequacy of Public School Facilities (a) Subject to the remaining provisions of this Section, no approval of a major subdivision preliminary plat or a minor subdivision -final plat for a residential development shall become effective unless and until a Certificate of Adequacy of Public School Facilities (CAPS) for the project has been issued by the School District.- (b) A CAPS shall not be required for a general use or special use rezoning or for a master land .use plan. However, even if a rezoning or master plan is approved, a CAPS will nevertheless be required before any of the permits or approvals identified in subsection (a) of this section shall become effective, and the rezoning of the property or approval of a master plan provides no indication as to whether the CAPS will be issued. The application for rezoning or master plan approval shall contain a .statement to this effect. (c) A CAPS must be obtained from. the. School District. The School District will issue or deny a CAPS in accordance with. the provisions of the Schools Adequate Public Facilities Memorandum of Understanding, as to the Chapel Hill-Carrboro School District, between Carrboro, Chapel Hill, Orange County, and. the Chapel Hill-Carrboro City Board of Education and as to the. Orange County .School District, between Hillsborough, Orange .County and the Orange County Board of Education. These Memoranda of Understanding are hereafter referred to as- "the MOUs" or "the MOU" as the context requires. -65-u- (d) A CAPS attaches to the land in the .same way that development permission attaches to the land. A CAPS may be transferred along with other interests in the property with respect to which such CAPS is issued, but may not be severed or transferred separately. IV-6-12-c2. Service Levels (a) This Section .describes the service levels regarded as adequate by the parties to the MOUs with respect to public school facilities.. (b) As provided in the MOUs, adequate service levels for public schools shall be deemed to exist with respect to a proposed new residential development if, given the number of school age children projected to reside in that development, and considering all the factors listed in .the MOU, projected school membership .for the elementary schools, the middle schools, and the high schools within the School District will not exceed the following percentages of the building capacities of each of the following three school levels: elementary school level 105% middle school level 107% . high school level 110% For the period of time beginning the effective date of this. Section and terminating on the day on which the third high school within the Chapel Hill-Carrboro School District is first attended by high school students, the determination by the Chapel Hill-Carrboro School District that adequate service levels for public schools exist shall be made without regard to whether or not projected. capacity- of the High School level exceeds 110% of Building Capacity. On and after the day on which the third high school within the Chapel Hill-Carrboro School District: is first. attended by high school students, determination by the Chapel Hill-Carrboro School District that adequate service levels for public schools exist shall be made only if projected capacity of each school level does not exceed the following: Elementary School 105% of Building Capacity .Middle School 107% of Building Capacity High School 110% of Building Capacity For the period of time beginning the effective date of this Section and terminating on the day on which the third middle school within the Orange County School District is first attended by middle school students, the determination by the Orange County School District that adequate service levels for public schools exist shall be made without regard to whether or not projected capacity of the Middle School level exceeds 107% of Building .Capacity. On and after the day on which the third middle school within -the Orange County School District is first attended by middle school students, determination by the Orange County School District that adequate. service levels for public schools exist shall be made only if projected capacity of each school level does not exceed the following: -65-v- Elementary School 105% of Building Capacity Middle School 107% of Building Capacity High School 110% of Building Capacity For purposes of this Section, the terms "building capacity" and "school membership" shall have the same meaning attributed in the MOUs. IV-B-12.c3. Expiration of Certificates of Adequacy of Public School Facilities A CAPS issued in connection with approval of a subdivision preliminary plat or a minor subdivision final plat shall expire automatically upon the expiration of such permit approval IV-B-12-c4. Exemption From Certification Requirement for Development with Negligible Student Generation Rates In recognition of the fact that some new development will have a negligible impact on school capacity, a .CAPS shall not be required under the following circumstances: (.1) For residential developments restricted by law and/or covenant for a period of at least thirty years to housing for the elderly and/or adult care living and/or adult special needs;. (2) For residential developments restricted. for a period of at least thirty years to dormitory housing for university students. If the use of a development restricted as provided above changes, then before a permit authorizing such change of use becomes effective, a CAPS must be issued just as if the development were being constructed initially. IV-B-12-c5. Applicability to Previously Approved Projects and Projects Pending Approval (a) Except as otherwise provided herein, the provisions of this ordinance shall only apply to applications for approval. of major subdivision preliminary plats or minor subdivision final plats that are submitted for approval after the effective date of this Section. (b) The provisions. of this Section shall not apply to amendments to major subdivision preliminary plats or minor subdivision final plats issued prior to the effective date of this- Section so long as the approvals have not expired and the. proposed amendments do not. increase the number of dwelling units authorized within the development by more than five percent or eve dwelling units, whichever is less. -65 w- (c) The Board of County Commissioners shall issue a special exception to the CAPS requirement to an applicant whose application for approval of a major subdivision preliminary. plat covers property within a planned unit development or master plan project that was approved .prior to .the effective date of this Section, if the Board of County Commissioners finds, after an evidentiary hearing, that the applicant has (1) applied to the School District for a CAPS and the application has been denied, (2) in good faith made substantial expenditures or incurred substantial binding obligations in reasonable reliance on the previously obtained planned. unit development or master plan approval, and (3) would be unreasonably prejudiced if development in accordance with the previously approved development or plan is .delayed due to the provisions of this Section. In deciding whether these findings can be made, the Board of County Commissioners shall consider the following, among other relevant factors: (1) Whether the developer has installed streets, utilities, or other facilities or expended substantial-sums in the planning and preparation for installation of such facilities which were designed to serve or to be paid for in part by the development of portions of the planned unit development or master planned project that have not yet been approved for construction; (2) Whether the developer has installed streets, utilities, or other facilities or expended substantial sums in the planning and preparation for installation of such facilities that directly benefit other properties outside the development in question or the general public; (3) Whether the developer has donated land to the School District for the construction of school facilities or otherwise dedicated land or made improvements deemed to benefit the School District and its public school system; (4) Whether the developer has had development approval for a substantial amount of time and has in good faith worked to .timely implement the plan in reasonable- reliance on the previously obtained approval; (5) The duration of the delay that will occur until public school facilities are improved or exist to such an extent that a CAPS can be issued for the project, -and the effect of such delay on the development- and the developer. (d) The decision of the Board of County Commissioners involving a special exception application under subsection (c) is subject to review by the Orange County Superior Court by proceedings in the nature of certiorari.. Any petition for review by the Superior Court shall be filed with the Clerk of Superior Court within 30 days after a written copy of the decision of the Board of County Commissioners is delivered to the applicant and every other party who has filed a written request for such copy with the Clerk to the Board of County Commissioners at the time of its hearing on the application for a special exception. The written copy of the decision of the Board of County Commissioners may be delivered either by personal service or by certified mail, return receipt requested. -65-x- (e) The Chair of the Board of County Commissioners or any member temporarily acting as Chair may, in his or her official capacity, administer oaths to witnesses in any hearing before the Board of County Commissioners concerning a special exception or an appeal of School District denial of a CAPS. IV-B-12-c6. Aapeal of School District Denial of a CAPS The applicant for a CAPS which is denied by the School District may, within 30 days ,of the date of the denial, appeal the denial to the Board of County Commissioners. Any such appeal shall be heard by the Board of County Commissioners at an evidentiary hearing before it. At this hearing the School District will present its reasons for the denial of the CAPS and the evidence it relied on in denying the CAPS. The applicant appealing the denial may present its reasons why the CAPS application should have, in its view, been approved and the evidentiary basis it contends supports approval. The Board of County Commissioners may (1) affirm the decision of the School District, (2) remand to the School District for further proceedings in the event evidence is presented at the hearing .before the Board of County Commissioners not brought before the .School District, or (3) issue a CAPS. The Board of County Commissioners will only issue a CAPS if it finds that the CAPS should have been issued by the School District as prescribed in the MOU. A decision of the Board of County Commissioners affirming the School District may be appealed by the applicant for a CAPS by proceedings in the nature of certiorari and as prescribed for an appeal under Subsections IV-B-12-c5(d) and IV-B-12-c5(e) of this section. IV-B-12-c7. Information Required From Applicants The applicant for a CAPS shall submit to the School District all ..information reasonably deemed necessary. by the School .District to determine whether a CAPS should be issued under the provisions of the MOU. An applicant for a CAPS special exception or an applicant appealing a CAPS denial by the School District shall submit to the Board of County Commissioners all information reasonably deemed necessary by the Board of County Commissioners to determine whether a special exception should be granted as provided in Subsection IV-B-12-c5 or for the hearing of an appeal of a School. District denial of a CAPS as provided in Subsection IV-B-12-c6. A copy of a request for a CAPS special exception or of an appeal of a School District denial of a CAPS shall be served on the superintendent of the School District. Service may be made by personal delivery or certified mail, return receipt requested. -65-y- -65.x. c. Motor Vehicle Property Tax Release/Refunds 8 J The Board adopted a refund resolution, which is incorporated by reference, related to 190 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. d. Property Value Changes The Board approved value changes made in property values after the 2003 Board of Equalization and Review has adjourned in accordance with the resolution, which is incorporated by reference. e. Resolution Creating a Special Board of Eaualization and Review The Board approved a resolution, which is incorporated by reference, providing for the appointment of a special board of equalization and review to carry out the statutory responsibilities of ensuring that tax lists and tax records comply with the provisions of the North Carolina Machinery Act; and established the recommended level of compensation for members of the E&R Board; and directed staff to recruit applicants for the E&R Board, with appointments to be made at a future Commissioners' meeting. f. Approval of Contract to Purchase Real Property -Hope Creek Ltd The Board approved the contract to purchase a 1.1-acre tract along New Hope Creek from Hope Creek, Limited to protect an important riparian corridor and potential future trail and for the County Attorney and staff to negotiate any points in the contract other than the purchase price, as necessary, with a closing expected to occur by February 28, 2004. ~ Agreement for Groundwater Monitorina for the Orange County Landfill The Board approved the contract extending the Solid Waste Department agreement with Research and Analytical Laboratories, Inc. for ground water monitoring services at the Orange County Landfill for three additional years through December 31, 2006 and authorized the Chair to sign the Contract, subject to final review by staff and County Attorney. h. Scheduling a Public Hearina on Orange County's 3-Year Solid Waste Plan Update The Board scheduled a Public Hearing for February 17, 2004 to receive public comments on the 3-Year Update of Orange County's Solid Waste Management Plan. i_ Telecommunications Towers Reaulations Amendments This item was removed and placed at the end of the consent agenda for separate consideration. L Subdivision Reaulations Amendment: IV-B-3 Streets The Board approved Planning Board and Administration recommendations, closed the Public Hearing and approved the proposed amendments to the Orange County Subdivision Regulation, IV-B-3 Streets, subsection IV-B-3-a. k. Final Plat Requirements Amendments The Board approved Planning Board and Administration recommendations, closed the Public Hearing and approved the proposed new/revised certificates and endorsements that are required to be on recorded plats of major subdivisions, minor subdivisions, and subdivisions not subject to subdivision regulations. I. Schools Class A Special Use Permit Amendments This item was removed and placed at the end of the consent agenda for separate consideration. m. Library Services Task Force The Board approved reconvening the members of the Library Services Task Force and authorized its charge. n. Grant Reauest from Duke Health Community Care Inc. to Assist in Purchase of Emergency Generator This item was removed and placed at the end of the consent agenda for separate consideration. o. Budget Amendment #8