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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. g:\jane\duck1andres\8-24-01\jg 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. g:\jane\duck1andres\8-24-01\jg 2 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. g:\jane\duck1andres\8-24-01\jg 3 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. g:\jane\duck1andres\8-24-01\jg 4 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 - d �V g:\jane\ducklandres\8-24-01\jg