HomeMy WebLinkAboutRES-2000-071 Resolution approving The Woodlands (formerly Nine Gates) Preliminary Plat c.
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RESOLUTION
OF
THE ORANGE COUNTY BOARD OF COMMISSIONNERS
TO APPROVE
THE WOODLANDS SUBDIVISION PRELIMINARY PLAT
Date August 15, 2000
Name of Subdivision The Woodlands
Owner/Applicant Builders' Marketing Group, Inc.
Kim Henry
The Board of County Commissioners hereby approves the Preliminary Plan for The Woodlands
Subdivision as shown on the preliminary plat dated March 1, 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 Nine Gates Road, Woodgate Drive, Stonegate
Drive, and Summergate Circle. This acceptance of dedication to the general public shall be
without maintenance responsibility. These roads shall be maintained by the owner/applicant
(Builders' Marketing Group, Inc.) until such time as they are accepted for maintenance by
NCDOT or some other governmental body.
Before the Final Plat of The Woodlands Subdivision can be recorded:
A. Sewage Disposal
1. All lots shall contain adequate septic disposal and repair areas, approved by the
Orange County Division of Environmental Health. Septic areas shall not extend
into required landscape buffers.
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.
B. Roads and Access
1. Nine Gates Road shall be constructed to NCDOT Collector standards with a 60-
foot right-of-way. Woodgate Drive, Stonegate Drive, and Summergate Circle
shall be constructed to NCDOT standards with a 50-foot right-of-way and 5-foot
utility easements on each side. Construction shall be inspected and approved by
NCDOT.
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OR
A letter of credit or escrow agreement or other security shall be submitted to
secure construction of Nine Gates Road, Woodgate Drive, Stonegate Drive,
Summergate Circle, and a left turn lane on Jones Ferry Road, 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.
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 Nine Gates Road, Woodgate Drive,
Stonegate Drive, and Summergate Circle shall be submitted by the applicant to
the Orange County Erosion Control Division for review and approval.
3. Prior to any construction or any alteration of any existing access within the right-
of-way Jones Ferry Road, the developer/owner shall secure a driveway permit
from the NCDOT District Office. A copy of the NCDOT-approved permit and
letter to the Planning Department 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 of the proposed street.
4. Access to all lots shall be from internal subdivision roads, Woodgate Drive,
Stonegate Drive, and Summergate Circle, exclusively. Driveway cuts must be a
minimum of 50 feet from street intersections.
5. An approved street name sign shall be erected at the intersections of: Jones
Ferry Road (SR 1942) and Nine Gates Road, Woodgate Drive and Nine Gates
Road, Stonegate Drive and Woodgate Drive (in two locations), and Summergate
Circle and Woodgate Drive, as required in Section IV-B-3-c-12 Street Name
Signs of the Orange County Subdivision Regulations. The applicant shall submit
either evidence that the sign is in place or a receipt for purchase of the sign prior
to Planning Department signatures on the Final Plat.
6. The applicant shall construct a left turn lane on Jones Ferry Road (SR 1942) to
NCDOT standards prior to recordation of Final Plat. This may be accomplished
by enlarging the travel way an equal amount on either side of the existing
pavement for the distance necessary for the turn lane.
7. The proposed 50-foot right-of-way between lots 32 and 33 and noted as
"reserved for possible future dedication" shall be formally dedicated to the
Homeowners Association as a condition of Final Plat approval for the
construction of a future road. The proposal shall include 10-foot construction
easements on each side of the dedicated right-of-way.
If the large tract of property currently owned by Elinor Irvin (TM 7.118..25), and
located east of The Woodlands subdivision, is conveyed (donated or sold) to the
Triangle Land Conservancy or a similar land conservancy organization the
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County shall not require the area in the reserved 50-foot right-of-way to be used
for future connectivity if the conservancy so notes in writing to the County that
access at that point is not necessary. The Homeowners Association may use the
area in the dedicated right-of-way as a pedestrian or vehicle access easement,
or it may split the area in the easement and convey it in an equal portions to lots
32 and 33.
C. Land Use Buffers and Landscaping
1. Landscaping shall be installed or preserved as indicated on an approved
landscape plan and must be inspected and approved by the Planning
Department 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 The Woodlands Subdivision. Landscaping shall include a 30-foot buffer along
all internal, major local roads such as Woodgate Drive.
OR
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. Provisions for protection of existing trees as shown on the approved landscape
plan, including existing trees within the tree conservation buffer areas, shall be
included in a document describing development restrictions and requirements to
be prepared by Planning Staff and recorded concurrently with the Final Plat. The
developer or his contractor shall clearly demarcate those trees intended to be
saved, with brightly colored tree protection fencing or flagging to match the
approved landscape plan. Tree protection measures must be installed and in
place, and approved in the field by Orange County Planning and Inspection staff
prior, to any the commencement of any grading. The developer or his contractor
must repair or replace any trees or portions of trees, designated as "to be saved,"
that are damaged during the construction and installation of roads and related
infrastructure.
D. Drainage
1. 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 as required following review and approval
of the Erosion Control Plan.
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3. Drainage culverts shall be sized and located as required by NCDOT, and the
Orange County Erosion Control Officer.
4. The development shall meet the requirements for stormwater management per
Section IV-B-2-c of the Orange County Subdivision Regulations. Adjacent
properties shall be protected from inundation by surface water. The erosion
control plan for this project includes a temporary sediment structure located at a
point where The Woodlands Development runoff enters the Cox property.
Consideration has been given and will be given to locating a permanent
stormwater detention basin at this location. The need for a permanent
stormwater detention basin cannot now be reasonably determined. That
determination will be made by the. Orange County Erosion Control Director,
within one year following NCDOT final approval of the construction of the public
roads in The Woodlands, by evaluating the stormwater quantity and other
pertinent stormwater characteristics during.storm events that occur within one
year following NCDOT final road approval. The temporary sediment structure
can be, at the option of the developer, either (1) designed and built in a way that
it will serve as a temporary sediment basin during construction and then
converted to a permanent stormwater detention basin or (2) designed and built
as a temporary sediment basin during construction and then redesigned and
rebuilt as a permanent stormwater detention basin. If the developer chooses the
option of redesigning and rebuilding the basin, a letter of credit or escrow
agreement shall be submitted to secure redesign and reconstruction of the
sediment basin. The method and timing of providing this security shall be the
same as is set out in Section B.1 of this Resolution which section describes
securing road construction. The Homeowners Association documents shall
provide for the perpetual maintenance of the permanent stormwater detention
basin if the Orange County Erosion Control Director determines that there is the
need for one.
E. Parkland
1. The proposed forty-one-lot subdivision is located within the Bingham Township
District Park. As per the decision of the Department of Recreation and Parks,
cash in the amount of $18,200 ($45511ot) 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 Title Block and V-D-3 Vicinity Map of the Orange County
Subdivision Regulations.
2. Minimum building setbacks, easements, public (along Nine Gates Road) and
private open space areas (including pedestrian corridors and tree conservation
easements) 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.
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4. The Homeowners Association Documents shall reference NC General Statutes
Chapter 70 Article 3 regarding the protection of unmarked graves in cemeteries.
The Homeowners Documents shall also outline provisions for access to the
cemetery and minimum upkeep (i.e. mowing the lawn) within the designated area
of the cemetery. Archaeological services may be needed to formally delineate
the cemetery boundaries.
5. If any condition of this Resolution shall be held invalid or void, then this
Resolution shall be void in its entirety and of no effect.
G. Certifications
1. 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 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.
4. A Certificate of Approval signed by the Orange County Planning and Inspections
Department.
Kim Henry Beverly A. Blythe
Builders' Marketing Group, Inc. Clerk to the Board of County Commissioners
1, Kim Henry, for and on behalf of Builders' Marketing Group, Inc., accept the above listed
conditions of subdivision approval and acknowledge that each must be met prior to recordation
of the Final Plat.
Kim Henry Date
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