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Home My WebLink AboutREMOVED RES-1999-065 Resolution to Approve Woodgreen Subdivision Preliminary Plat RESOLUTION C OF THE ORANGE COUNTY BOARD OF COMMUSSIONERS TO APPROVE WOODGREEN SUBDIVISION PRELBUNARY PLAT Date October 5, 1999 Name of Subdivision Woodgreen Subdivision Owner/Applicant Tri-Star Brokerage&Development,Inc. Dennis Evans,Mike Barr The Board of County Commissioners hereby approves the Preliminary Plan for Woodgreen Subdivision as shown on the preliminary plat dated February 9, 1998, last revised December 29, 1998, as further revised with identification of septic system type received on or about August 16, 1999, and screening diagram received on or about April 26, 1999,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 Pine Ridge Road and Cedar Ridge Road. This acceptance of dedication to the general public shall be without maintenance responsibility. These roads shall be maintained by the owner/applicant (Tri- Star Brokerage & Development, Inc.) until such time as they are accepted for maintenance by NCDOT or ;some other governmental body. Before the Final Plat of Woodgreen Subdivision can be recorded: A. Sewage Disposal 1. Except for Lots 1 and 2, all lots shall contain adequate septic disposal and repair areas, approved by the Orange County Division of Environmental Health. Lots 1 and 2 shall be designated on the recorded Final plat as being of restricted development potential and by separate instrument recorded in the Orange County Registry. 2. Septic easements for Lots 1 and 2 shall be provided to the common open space as shown on the Preliminary Plat.Across Cedar Ridge Road,the septic easement for each lot shall contain a 4" steel encasement for the septic line from right-of-way boundary to right-of-way boundary. 3. All lots shall be composed of contiguous land area in accordance with Orange County Subdivision Regulations Section IV-B-5-e,and that area shall not be divided by street right-of-way or other lots. + � C A. Sewage Disposal(Cont.) 4. 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 disclosing that information on the tentative location of septic systems is available from the Division of Environmental Health. 5. A document describing development restrictions to be recorded concurrently with the Final Plat shall include disclosure that Lots 3,4, 5, 11, 12, 15 and 16 have received improvement permits from the Orange County Division of Environmental Health for three bedroom septic systems using innovative design pursuant to 15A NCAC 18A. 1969 and that those lots would not be approved without the innovative system design. B. Roads and Access 1. Pine Ridge Road and Cedar Ridge Road shall be constructed to NCDOT standards within a 50 foot right-of-way. Construction shall be inspected and approved by NCDOT. OR A letter of credit or escrow agreement or other security shall be submitted to secure construction of Pine Ridge Road and Cedar Ridge 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. Sight triangles shall be shown at each intersection as required by NCDOT. 3. Access to all lots shall be from the internal-subdivision roads,Pine Ridge Road and Cedar Ridge Road, exclusively.No lots shall have direct driveway access onto Moorefields Road(SR 1135)or Dimmocks Mill Road(SR 1134). 4. A temporary turn around along proposed Pine Ridge Road at the northern property boundary,as required by NCDOT,shall be shown on the final plat. 5. An approved street name sign shall be erected at the intersection of Pine Ridge Road and Moorefields Road(SR 1135) and at the intersection of Cedar Ridge Road and Moorefields Road,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. 6. The existing right-of-way sight distance at the intersection of Moorefields Road and Dimmocks Mill Road shall be shown on the final plat.No signs may be placed within the existing right-of-way. 2 t 7 B. Roads and Access(Cont.) 7. An erosion control plan for construction of Pine Ridge Road and Cedar Ridge Road shall be submitted by the applicant to the Orange County Erosion Control Division for review and approval. 8. The developer shall provide,for the benefit of Lots 1 and 2, an enroachment agreement from NCDOT for the septic easements for Lots 1 and 2 at such time as Cedar Ridge Road is accepted by the State into the State-maintained system. C. Land Use Buffers and Landscaping 1. In accordance with Orange County Subdivision Regulations Section IV-B-8-b, a landscape plan which includes the following shall be submitted: 1)The dimensions and acreage of the parcel being subdivided; 2)the layout of the entire project being submitted for approval; 3)locations of existing trees described according to average size and dominant tree types; 4)designation of tree protection areas accompanied by a note stating, "Existing trees will be preserved to meet the landscape requirements of Section IV-B-8-d-1 of the Orange County Subdivision Regulations."; 5)the location of berms,walls,and fences with an indication of their buffers as required by Orange County Subdivision Regulations labeled height and construction materials; 6)40-foot buffers along Moorefields Road,Dimmocks Mill Road and across the northern property boundaries of Lots 7, 8 and 9; 7) all proposed plantings sufficient to fulfill landscape and buffer requirements labeled according to species(common name),spacing and size at — installation and at least two alternative species for each proposed planting shown; 8)the name of the person responsible for plan preparation and the date that the plan was drawn or subsequently revised.The landscape plan shall affirmatively demonstrate that the buffer along Moorefields Road satisfies requirements for Secondary Open Space. 2. Landscaping shall be installed or preserved as indicated on the 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 to the Home Owners Association and to the home owners from the developer as provided by the recorded Declaration of Covenants,Conditions and Restrictions for Woodgreen Subdivision. Orange County, on behalf of the public, shall be made a third party beneficiary in this declaration for purposes of enforcing,but not requiring it to enforce,the maintenance of the buffers along Moorefields Road, Dimmocks Mill Road and across the northern-property boundaries of Lots 7, 8 and 9 and along the eastern boundary of Lot 6.A letter of credit or escrow agreement or other security shall be submitted to secure landscaping which letter of credit shall remain in place until the earlier of the following two events: 1)seventy- five percent(75%)of the lots in Woodgreen Subdivision have been sold to other than another developer;or,2)provided fifty percent(50%)of the lots have been sold to other than another developer,December3 1,2004.The financial guarantee shall be accompanied by an estimate of the cost to purchase and install the required landscaping prepared by a nursery operator,landscape contractor, landscape architect, or other individual qualified to calculate the cost to complete the required improvements based on the approved landscape plan and who has no direct or indirect ownership interest in the project.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. 3 C. Land Use Buffers and Landscaping(Cont.) 3. A declaration of covenants, approved by the county attorney and recorded in the Orange County Registry,which contains provisions for protection of existing trees as shown on the approved landscape plan and for the perpetual maintenance of the buffers along Moorefields Road,Dimmocks Mill Road and across the northern property boundaries of Lots 7, 8 and 9 and along the eastern boundary of Lot 6 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. Impervious surface data for all lots,pursuant to Article 6.23 Extra Requirements for Watershed Protection Overlay Districts of the 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. 2. Drainage easement for lots 11 and 12,as required,shall be located following review and approval of the Erosion Control Plan and shall be shown on the final plat. 3. The 100-year flood plain and stream buffer for Rocky Run Creek as proposed on the Preliminary Plat, shall be contained entirely within the area indicated on the Preliminary Plan. 100-year flood line and buffer shall be platted as required, depending upon vegetative cover types and percent-of-slope calculations as set forth in Article 6.23.7 Stream Buffers of the Zoning Ordinance. 4. Drainage culverts shall be sized and located as required by NCDOT and the Erosion Control Officer. E. Parkland 1. Twenty-five lots are to be created within the proposed subdivision located within the park service area of Cheeks District.As per the decision of the Department of Recreation and Parks,cash in the amount of$10,920($455/lot)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 Mai)of the Subdivision Regulations. 2. The following easements shall be shown on the Final plat: a. Drainage easement as required above in I D.2. b. Easement on Lot I for septic connections from Lot 2 on the east side of Cedar Ridge Road to common open space on the west side of Cedar Ridge Road and evidence that NCDOT will permit encroachment across Cedar Ridge Road right-of-way for septic connection(s)from Lots I and 2 to common open space and indication on the Final plat where that encroachment will be located. 3. Minimum building setbacks,conservation areas and easements shall be stated 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 k"t F. Miscellaneous(Cont.) 4. Lots I and 2 shall not be sold until the State accepts Cedar Ridge Road into the ,State maintained secondary road system and an encroachment agreement for the septic systems crossing of Cedar Ridge Road is approved by the county attorney and recorded in the Orange County Registry. 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 Dedication and Maintenance Certificate,as provided in Section V-D-6-b Certificates of Dedication and Maintenance of the 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. NCDOT shall certify that Pine Ridge Road and Cedar Ridge Road have been constructed to State standards or that construction plans have been approved. 4. A Certificate of Approval signed by Environmental Health Department. 5. A Certificate of Approval shall be signed by the Planning Department. We, Tri-Star Brokerage & Development, Inc., Dennis Evans and Mike Bart, for and on behalf of Tri-Star Brokerage&Development,Inc.,accept the.above listed conditions of subdivision approval and acknowledge I that each must be met prior to recordation of the final plat. Tri-Star Brokerage&Development,Inc. By: Date Dennis Evans Date Mike Barr Date mydocuments/woodgreenres#2clean.doc 5