HomeMy WebLinkAboutNS RES-2001-023 Resolution approving Sunrise Springs Subdivision Preliminary PlatRESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date March 6. 2001
Name of Subdivision Sunrise Springs
Owner /Applicant Dr. Wally Diehl
The Board of County Commissioners hereby approves Sunrise Springs subdivision preliminary
plat, dated October 26, 1999 and last revised November 1, 2000 containing 9 lots, subject to the
fulfillment of requirements specified herein.
Sunrise Springs Road 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 Sunrise Springs Road. This acceptance by
Orange County of the dedication to the general public of Sunrise Springs Road shall be without
maintenance responsibility. This road shall be maintained by the owner /applicant until such time
as it is accepted for maintenance by the North Carolina Department of Transportation or some
other governmental body. Before the Final Plat of Sunrise Springs Subdivision can be recorded:
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 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
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1. Sunrise Springs Road shall be constructed to standards of the North Carolina
Department of Transportation, within a 50' right -of -way with 5 foot utility
easements on each side, and the construction shall be inspected and approved by
NCDOT.
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A letter of credit or escrow agreement or other security shall be submitted to
secure construction of Sunrise Springs Road to the standards of the North
Carolina Department of Transportation. An estimate of the construction cost must
be prepared by a certified/licensed engineer or grading contractor and submitted to
the Planning and Inspections Department. The financial guarantee must reflect
110% of that estimate and be issued by an accredited financial institution licensed
to do business in North Carolina.
The document describing development restrictions to be recorded with the Final
Plat shall state that the financial guarantee will not be released until the road
construction has been inspected and approved by NCDOT.
2. An erosion control plan for construction of the road shall be approved by the
Orange County Erosion Control Division for review and approval prior to
Planning Department signatures on final plat.
3. 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.
4. All lots shall access onto the new subdivision road. No access point shall be
located closer than 50 feet to an intersection.
5. Record a 5' non - vehicular access easement along the entire length of Sunrise
Road with the exception of the intersecting street.
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. A 30 -foot Type A buffer, as defined in the subdivision
regulations, shall be installed along Sunrise Road. The Type A buffer shall be
constructed to be a mixed planting of small deciduous and small evergreen trees.
A 100 foot Type F buffer shall be installed. along I -40. The Type F buffer shall be
constructed of at least 75 % evergreen trees that will be opaque and grow to a
height of at least 30 feet. A homeowners association shall be established to
provide for maintenance of the buffers to County standards.
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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. Drainage
1. Locate drainage easements as required following review and approval of the
Erosion Control Plan.
2. Drainage culverts shall be sized and located as required by NCDOT and the
Orange County Erosion Control Officer.
E. Parkland
1. Cash in the amount of $4,095.00 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. The following easements shall be shown on the plat:
a. drainage easements as required by D.1. above.
b. 5' non - vehicular access easement along the entire length of Sunrise Road
with the exception of the intersecting street.
3. Minimum building setbacks shall be as indicated on the Preliminary Plan. The
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. The owner /developer shall submit to the planning staff and the county attorney,
for their review, appropriate restrictive covenants for this subdivision. The
restrictive covenants shall cover all nine lots including the lot proposed to be
owned by the developer, Dr. Diehl. The covenants shall contain appropriate
provisions for the establishment of the homeowners' association and shall have
specific language prohibiting any clear cutting on any lot, except as maybe
minimally necessary for the construction of the residence, any required out -
buildings, driveway, yard, garden, play area, or as may otherwise be required by
good horticultural or forest management practices. Further, to the extent practical,
clearing for all other areas shall not exceed an area that would substantially affect
the surrounding community, the privacy of neighboring lots, or the likelihood of
erosion. The homeowners' association will have an architectural review design
committee and the covenants will contain language granting to the homeowners'
association the authority to specifically enforce these restrictions.
5. Meet requirements in booklet attached as Exhibit A entitled: "SUNRISE
SPRINGS SUBDIVISION Revised submission to the Orange County Planning
Department November 17, 2000."
G. Certifications
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 North Carolina Department of Transportation shall certify that Sunrise
Springs Road has been constructed to State standards or that construction plans
have been approved.
4. A Certificate of Approval signed by the Orange County Planning and Inspections
Department.
Signature of Applicant
Clerk to the Board
I, , accept the above listed conditions of subdivision approval, and
acknowledge that each must be met prior to recordation of the final plat.
Applicant Date