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HomeMy WebLinkAboutRES-2001-058 Resolution to Approve Ashwick Subdivision Preliminary PlanRESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS TO APPROVE ASHWICK SUBDIVISION PRELIMINARY PLAN Date Name of Subdivision Owner /Applicant May 15, 2001 Ashwick Perry's Construction Corporation SS /S�o/ /Ml 8 946 The Board of County Commissioners hereby approves the Preliminary Plan for Ashwick subdivision as shown on the preliminary plat dated April 4, 2000 (last revised October 26, 2000) and subject to fulfillment of requirements specified herein. All roads shall be irrevocably dedicated to the general public and be constructed to standards of the North Carolina Department of Transportation ( NCDOT). The approval of this resolution authorizes and directs the Orange County Manager to accept for the County and on behalf of the public generally, the offer of dedication of Ashwick Drive, Glenwick Drive, Norwich Court, Farris Wick Place, Chadwick Lane, Benwich Lane, and Straywick Court. This acceptance of dedication to the general public shall be without maintenance responsibility. These roads shall be maintained by the owner /applicant ( Perry's Construction Corporation) until such time as they are accepted for maintenance by NCDOT or some other governmental body. All easements for drainage, pedestrian access or other purposes, all private open space, and all public recreation space shall likewise be maintained by the owner /applicant until such time as they are transferred to the control of the Homeowners Association or are accepted for maintenance by the Orange - Alamance Water System or by the County. The internal pedestrian walkway system shall be maintained by the owner /applicant until such time as it is transferred to the control of the Homeowners Association. Before the Final Plat of Ashwick Subdivision can be recorded: A. Sewage Disposal and Water System 1. Each residential lot shall be provided a sewer line stub out in accordance with Orange County sewer connection guidelines. 2. Sewer line construction drawings shall be approved by the County Engineer prior to submittal to NCDOT or any state regulatory agencies for permitting or approval. Sewer shall be designed in such a way to allow for future extension of lines to adjacent properties as outlined in Section IV -B -6 -a and IV -B -6 -b of the Orange County Subdivision Regulations. The proposed 25 -foot easement crossing McGowan Creek shall be dedicated for future sewer extensions and for temporary public access to the public recreation space until such future time when other forms of public access are available. Any changes in design to comply with requirements from either NCDOT or other agencies shall also be approved by County Engineer. Sewer lines and sewer system improvements shall be constructed as provided herein prior to final plat approval. OR A letter of credit or escrow agreement or other security shall be submitted to secure construction of the sewer system to Orange County standards. An estimate of the construction cost must be prepared by a certified /licensed engineer and submitted to the Orange County Planning Department and County Engineer. The financial guarantee must reflect 110 percent 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 sewer system construction has been inspected and approved by Orange County. 3. All existing and proposed sanitary sewer easements to be dedicated to Orange County shall be shown on the preliminary and final plats. The developer shall submit a copy of a letter from the County Engineer certifying that all sanitary sewer lines have been installed per the approved plans and dedicated to Orange County prior to the issuance of any building permits. As -built drawings shall be submitted to and approved by County Engineer prior to issuance of the first certificate of occupancy. 4. Each residential lot shall be provided water line stub out in accordance with Orange - Alamance Water System connection guidelines. 5. Water line construction drawings shall be approved by the Orange - Alamance Water System prior to submittal to NCDOT or any state regulatory agencies for permitting or approval. Any changes in design to comply with requirements from either NCDOT or other agencies shall also be approved by Oran ge - Alamance. Fire hydrant locations shall be approved by the Orange County Fire Marshal. Water lines and water system improvements shall be constructed as provided herein prior to final plat approval. XV A letter of credit or escrow agreement or other security shall be submitted to secure construction the water system to Orange - Alamance Water System standards. An estimate of the construction cost must be prepared by a certified /licensed engineer and submitted to the Orange County Planning Department and County Engineer. The financial guarantee must reflect 110 percent of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 10 The document describing development restrictions to be recorded with the Final Plat shall state that the financial guarantee will not be released until the water system and hydrant construction has been inspected and approved by Orange - Alamance -Water System, Inc. and the Orange County Fire Marshal. 6. Fire flow and water line pressures shall be approved by the Orange County Fire Marshal prior to issuance of the first certificate of occupancy. 7. Sewer tap, acreage, access availability, capital facility fees Sewer fees based on an acreage or a per lot charge shall be paid to Orange County prior to Planning Department signatures on the final plat. Sewer fees based on house size shall be paid to Orange County when obtaining individual building permits. B. Roads and Access Ashwick Drive, Glenwick Drive, Norwich Court, Farns Wick Place, Chadwick Lane, Benwich Lane, and Straywick Court shall be constructed to NCDOT minor local standards with a 50 -foot right -of -way and 5 -foot utility easements on each side. Construction shall be inspected and approved by NCDOT. IN A letter of credit or escrow agreement or other security shall be submitted to secure construction of Ashwick Drive, Glenwick Drive, Norwich Court, Fams Wick Place, Chadwick Lane, Benwich Lane, and Straywick Court to NCDOT standards. An estimate of the construction cost must be prepared by a certified /licensed engineer or grading contractor and submitted to the Orange County Planning Department. The financial guarantee must reflect 110 percent of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 2. An erosion control plan for the entire project, including streets, shall be submitted by the applicant for review and shall be approved by the Orange County Erosion Control Division prior to any disturbance on the site. The Erosion Control Plan shall include a stormwater management plan that meets the requirements of both the County and the Neuse River Basin rules. 3. Prior to any construction or any alteration of any existing access within the right - of -way of US Hwy, 70 West, the developer /owner shall secure a driveway permit from the NCDOT District Office. The applicant shall submit a copy of the NCDOT permit and approval letter to the Planning Department when requesting Planning Department signatures on the Final Plat. Sight distance triangles shall be shown at all intersections within the subdivision, or included within the right -of -way of the proposed street. 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. 4. All lots shall secure access from streets internal to the subdivision. Lots with frontage on more than one road shall be designed to access from the street with 11 lower traffic volume: i.e. lot 1 and 6 to Farnswick Place, lots 7 and 21 to Glenwick Lane, lot 31 to Straywick Court, lot 43 to Benwich Lane, and lots 48 and 58 to Chadwick Lane. Driveway cuts shall be a minimum of 50 feet from street intersections. These restrictions shall be stated in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the final plat. Non - vehicular access easements (NVA)- -areas where vehicles are prohibited from traveling - -shall also be shown on the final plat. 5. Approved street name signs shall be erected at the intersection of streets as required in Section IV- 13- 3 -c -12 of the Orange County Subdivision Regulations. Evidence shall be submitted by the applicant that the signs are in place or a copy of the receipt for purchase of the signs shall be submitted to the Planning Department at time of request to record the Final Plat. 6. The applicant shall dedicate, in fee simple, an additional 20 feet or 50 feet from the centerline of the existing right -of -way whichever is greater, along the entire frontage of US Hwy 70 West to the North Carolina Department of Transportation for future road improvements. The dedication shall be shown on final plat. Property lines to stop at new public right -of -way. 7. To ensure safe ingress into the property the developer shall construct and install, to NCDOT standards, a right hand taper along the west bound lane of US Hwy 70 West, and a left hand turn lane between the west and east bound lanes of US Hwy 70 West as shown on the attached sketch drawing. 8. The Benwich Lane right -of -way shall extend to the northwestern, external property line of the subdivision in the proximity of lots 31, 34, and 35. A conveyance of a 50 -foot right -of -way with 20 -foot construction easements on each side of this northwestern most portion of Benwich Lane is acceptable in- lieu-of construction. The final plat shall clearly indicate the western extent of street construction on Benwich Lane. 9. The developer shall install and construct an internal walkway system within the NCDOT right -of -way of all interior roads ( Ashwick Drive, Glenwick Drive, Norwich Court, Farns Wick Place, Chadwick Lane, Benwich Lane, and Straywick Court) to provide pedestrian access throughout the subdivision. Such walkways shall be graded for an even surface, and covered in a natural material such as woodchips; they shall not be paved. The internal walkway system shall be installed as indicated on the Final Plat and inspected by Planning Department staff prior to Final Plat approval and again prior to the transfer of control of the Homeowners Association from the developer to the home owners as provided by the recorded Declaration of Covenants, Conditions and Restrictions for Ashwick Subdivision. The Declaration of Development Restrictions and Requirements prepared by Planning Department Staff shall include a maintenance agreement for the Homeowners Association to permanently maintain the internal walkway system. 12 C. Land Use Buffers and Landscaping Landscaping shall be installed [or preserved] as indicated on the approved landscape plan prior to Final Plat approval. Landscaping shall also include a 75- foot Land Use Buffer along US Hwy 70 West as shown on the approved landscape plan. Xf A letter of credit or escrow agreement or other security shall be submitted to secure the required landscape installation and preservation. An estimate of the cost for required preservation, new plantings, and their installation must be provided. The financial guarantee shall reflect 110 percent of the estimate and must be issued by an accredited financial institution licensed to do business in North Carolina. 2. The landscaping shall be maintained by the owner /applicant (Perry's Construction Corporation) until such time as it is accepted for maintenance by the homeowners association. 3. Provisions for the 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 Impervious surface data for all lots, pursuant to Article 6.23 Extra Requirements for Watershed Protection Overlay Districts of the Orange County Zoning Ordinance, shall be included in the development restrictions and requirements document to be prepared by Planning Staff and recorded concurrently with the Final Plat. The impervious surface limitations for each lot shall indicate whether the impervious surface includes or excludes one -half (1/2) of the roadway width in the calculations. 2. Drainage easements shall be located on the Final Plat as required following review and approval of the Erosion Control Plan. 3. Drainage culverts shall be sized and located as required by NCDOT and the Orange County Erosion Control Officer. E. Parkland (Public & Private Recreation Space) and Open Space 1. The proposed fifty -eight (58) lot subdivision is located within the Cheeks Township District Park area. Per Section IV -B -7 -b of the Orange County Subdivision Regulations, subdivisions (located within a floodplain) must provide a minimum of 1/20 acre of recreation space per residential lot. Based on the number of proposed residential lots, the applicant shall dedicate a minimum of 2.9 acres (126,324 square feed to the County for public recreation space or 13 submit an in -lieu of payment. The applicant has offered 4.46 acres (194,278 - square feed of land along the northern side of McGowan Creek. The location and amount of the proposed dedication is consistent with the County's objectives to preserve natural areas and provide public recreation space. The 4.46 acres of public recreation space shall be dedicated to the County during the construction of Phase 1. The applicant shall design the phasing for the project in such a way that the pedestrian trail system is installed during Phase 1. The applicant shall maintain a minimum of thirty -three (33) percent open space during all phases of construction, and shall ensure that residents can access the various sections of open space from the pedestrian trail system during all phases. Section A. 2. of this Resolution provides for public access to the 4.46 acres of public recreation space. F. Miscellaneous The Final Plat shall contain a title block and vicinity map in accordance with Section V -D -2 Title Block and V -D -3 _Vicinity Map of the Orange County Subdivision Regulations. 2. The building buffer, stream buffers, minimum building setbacks, easements, public (along US Hwy 70 West), public and private open space areas 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. 3. Drainage easements shall be provided as required by section D. item 2. outlined above. 4. Any entrance sign illumination will consist of solar -power light fixtures. Such fixtures shall be installed in such a manner to prevent any potential for visual impairment to night drivers. 5. If any condition of this Resolution shall be held invalid or void, the Resolution itself shall be void and of no effect. G. Certifications A Certificate of Survey and Accuracy signed by a Professional 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 landowners 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 all roads have been constructed to State standards or that construction plans have been approved. 14 4. A Certificate of Approval signed by the Orange County Planning and Inspections Department. NOW, THEREFORE BE IT RESOLVED, by the Board of Orange County Commissioners, that the Preliminary Plan for Ashwick subdivision is approved in accordance with the above mentioned conditions and attached Preliminary Plat dated April 4, 2000 and last revised October 26, 2000. Upon motion of Commissioner O-4o seconded by Commissioner e- the foregoing resolution was adopted this the 115-4 day of A. , 2001. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the' proceedings of said Board at a meeting held on" ``w /,; �� 2001 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. S60 of the minutes of said Board. WITNESS my hand and the seal of sai ounty, this4zk—1 day of , 2001. Clerk to the and of Commis loners ff� Grp\