HomeMy WebLinkAboutRES-2001-094 Resolution approving Duck Landing Preliminary Plat RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
TO APPROVE
DUCK LANDING PRELIMINARY SUBDIVISION
Date October 16, 2001
Name of Subdivision Duck Landing
Owner/Applicant Randy W. Jones
The Board of County Commissioners hereby approves Duck Landing subdivision preliminary
plat, dated June 6, 2001 and containing eight(8) lots, subject to the fulfillment of requirements
specified herein.
Caneton Way 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 Caneton Way. This acceptance by Orange County of the
dedication to the general public of Caneton Way shall be without maintenance responsibility.
These roads shall be maintained by the owner/applicant until such time as they are accepted for
maintenance by the North Carolina Department of Transportation or some other governmental
body. Before the Final Plat of Duck Landing 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. 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.
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B. Roads and Access
1. Caneton Way shall be constructed to standards of the North Carolina Department
of Transportation, within a 50-ft. right-of-way with 5-ft. utility easements on each
side, and the construction shall be inspected and approved by NCDOT. The
portion of Lot E owned by the applicant shall be included in the dedication.
OR
A letter of credit, escrow agreement, or bond shall be submitted to secure
construction of Caneton Way 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 and approved by the County Engineer. The
construction estimate must include a 10% contingency factor. 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. Bordeleau Drive shall be constructed to Class B private road standards within a
50-ft. right-of-way. Road construction drawings shall be submitted to the Erosion
Control Division in the Planning Department and approved prior to signatures on
the Final Plat.
Bordeleau Drive shall be inspected, and the construction certified in writing to the
Orange County Planning Department by a North Carolina Professional Engineer.
The location of the travelway within the platted private road right-of-way shall
also be certified. Erosion Control shall inspect the construction to verify the
private road standards have been met.
OR
A letter of credit, escrow agreement, or bond shall be submitted to secure
construction and inspection of Bordeleau Drive to Class B private road standards.
An estimate of the construction and certification costs must be prepared by a
certified/licensed engineer or grading contractor and submitted to the Planning
and Inspections Department. The construction estimate must include a 10%
contingency factor. The financial guarantee must reflect 110% of that estimate
and be issued by an accredited financial institution licensed to do business in
North Carolina.
The document describing development restrictions to be recorded with the Final
Plat shall state that the financial guarantee will not be released until the road
construction has been certified by a North Carolina Professional Engineer.
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3. An erosion control plan for construction of Caneton Way and Bordeleau Drive
shall be submitted by the applicant for review and approval by the Orange County
Erosion Control Division prior to Planning Department signatures on the Final
Plat.
4. A Private Road Maintenance Agreement for Bordeleau Drive shall be submitted
to the Planning and Inspections Department and approved by the County
Attorney. Additionally, a non-exclusive easement to Caneton Way shall also be
provided submitted to the Planning and Inspections Department and approved by
the County Attorney.
5. Approved street name signs for Caneton Way and Bordeleau Drive 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 prior to signatures on the
Final Plat.
6. During construction of Caneton Way access to the existing homes using the
existing private road shall be maintained at all times. This includes overnight,
lunch, and daytime breaks. At no time shall access for emergency vehicles be cut
off.
7. Prior to any construction or an alteration of existing access within the right-of-way
of Laws Store Road(SR 1517),the developer/owner shall secure a driveway
permit from the NCDOT District Office. A copy of the NCDOT approved permit
and letter shall be submitted at the same time as the request for 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 at
the proposed street.
8. A driveway permit for Bordeleau Drive shall be obtained from NCDOT, if
required by NCDOT,prior to Planning Department signatures on 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 prior to signatures on the Final Plat.
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.
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D. Drainage
1. Impervious surface data, as pursuant to Article 6.23.3c.1 of the Zoning Ordinance
shall be shown on the Final Plat and included in a document describing
development restrictions and requirements to be prepared by Planning Staff and
recorded concurrently with the Final Plat.
2. Calculated stream buffer(as shown) shall be provided along the intermittent
stream and shown on the Final Plat.
3. Drainage culverts shall be sized and located as required by NCDOT and the Orange
County Erosion Control Officer. Any easements required as a result of Erosion
Control review shall be shown on the Final Plat.
E. Parkland
1. Cash in the amount of$3,574.00 (2 lots x $422 = $844; 6 lots x $455 =$2730)
shall be paid to Orange County as payment in lieu of parkland dedication.
2. The entirety of the open space to be shown on the Final Plat shall be irrevocably
dedicated to the Homeowners Association for recreation/open space use by
residents of the subdivision. Homeowners' documents to be prepared and
submitted for attorney review and approval prior to Planning Department
signatures on the Final Plat.
3. A private recreation area of.89 acre (38,768-sq. ft.) is made available.
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. If a sign is anticipated, reserve a sign easement location at entrance to subdivision.
3. Minimum building setback requirements shall be specified on the final plat, and in
a document describing development restrictions and requirements to be prepared
by Planning Staff and recorded concurrently with the Final Plat.
4. Prepare a deed conveying the open space shown on the Final Plat to the
Homeowners Association. The legal description shall be drawn up using the
bearings and distances from the Final Plat.
5. If any condition of this Resolution shall be determined by a court of competent
jurisdiction to be invalid or void,then this Resolution is void in its entirety and of
no effect and the Preliminary Plan approval granted herein is rescinded.
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G. Certifications
1. 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 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 Caneton Way
has been constructed to State standards or that construction plans have been
approved prior to Planning Department signatures on final plat.
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 Duck Landing Property Subdivision is approved in accordance with
the above mentioned conditions and attached Preliminary Plan dated June 6, 2001.
Upon motion of Commissioner , seconded by Commissioner
the foregoing resolution was adopted this the -//,94 day of ,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 /�/�-02 r9�� , 2001 as relates in any
way to the adoption of the foregoing and that said proceedings are recorded in Minute
Book No.-_,? /of the minutes of said Board.
WITNESS my hand and the seal of said County, thisj,&6ay of 32001.
Clerk to the oard of Co issioners
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