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HomeMy WebLinkAboutAgenda - 08-26-1996 - C3b 05( ORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date August 26, 1996 Action Agenda Item#C 3b SUBJECT: PROPOSED AMENDMENTS TO THE SUBDIVISION REGULATIONS Section III-E (new)Improvements (was V-D-8) Section III-C-2e Application Requirements(Minor subdivisions) Section III-D-2-a.(7) Application Requirements(Preliminary Plat) Section III-D-3a Application Requirements(Final Plat) DEPARTMENT: PLANNING& INSPECTIONS PUBLIC HEARING: Yes No ATTACHMENT(S): INFORMATION CONTACT: Emily Cameron Extension 2580 Proposed Amendments TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To receive citizen comment on proposed amendments to the Subdivision Regulations to relocate provisions regarding required improvements from Section V, "Plat Specifications," to Section III, "Application and Approval Procedures," rewrite the section for clarity and to add language regarding construction cost estimates and financial guarantees. BACKGROUND: The proposed amendment is technical in nature to provide clarity and cohesiveness to the Subdivision Regulations. The only new text being added is to specify requirements for construction cost estimates and financial guarantees submitted when improvements are not completed prior to Final Plat approval. The Planning Staff consulted with the County Attorney,the County Engineer,and developers to draft the new text. The proposed ordinance language specifies that a financial guarantee must be effective for 372 days, which allows one year for the applicant to complete subdivision improvements and a week for the County to "cash-in" the letter of credit or escrow agreement, in the event the improvements are not finished in an acceptable manner within a year. It also requires that the construction cost estimate be itemized with quantities and unit prices so that the County Engineer can verify that the estimate total is sufficient to complete a project according to approved plans. 060 In addition,the new text prohibits anyone with ownership interest in the subdivision from preparing the construction cost estimate and eliminates the posting of bonds as an option for securing improvements due to administrative complications associated with bonds. RECOMMENDATION: Section VIII-D-3 of the Subdivision Regulations requires that proposed amendments to the text of the Subdivision Regulations be presented at a joint public hearing involving the Board of Commissioners and the Planning Board. It is at that time that the Planning Department's recommendation is presented. Planning Department Recommendation Provided that the Planning Board and the Board of Commissioners ind in the affirmative the Planning Department recommends approval q the Proposed text amendments. No decision is made on the proposed amendments by either the Planning Board or the Board of Commissioners at the public hearing. Instead, the Planning Board has 75 days within which to prepare and submit a recommendation to the Board of Commissioners. Failure of the Planning Board to submit a recommendation within the required time shall be considered a favorable recommendation. Administration Recommendation The Administration recommends that the i2ronosed amendments be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 1 1996 Obi PROPOSED ORDINANCE AMENDMENT [DRAFT 6/26/96, Revised 7/9/96, 8/2/96, 8/15/96] ORDINANCE: Subdivision Regulations REFERENCE: Section III-E(new)Improvements (was V-D-8) Section III-C-2e Application Requirements (Minor subdivisions) Section III-D-2-a.(7) Application Requirements(Preliminary Plat) Section III-D-3a Application Requirements (Final Plat) ORIGIN OF AMENDMENT: —X—Staff Planning Board BOCC Public Other: County Attorney Expected Public Hearing Date: August 26, 1996 Purpose of Amendment: To relocate ordinance provisions regarding required improvements from Section V, "Plat Specifications," to Section III, "Application and Approval Procedures," rewrite the section for clarity and to add language regarding construction cost estimates and financial guarantees. Impacts/Issues: The proposed amendment is technical in nature to provide clarity and cohesiveness to the Subdivision Regulations. The only new text being added is to specify requirements for construction cost estimates and financial guarantees submitted when improvements are not completed prior to Final Plat approval. The Planning Staff consulted with the County Attorney,the County Engineer, and developers to draft the new text. The following draft of the additional ordinance language specifies that a financial guarantee must be effective for 372 days, which allows one year for the applicant to complete subdivision improvements and a week for the County to "cash-in" the letter of credit or escrow agreement, in the event the improvements are not finished in an acceptable manner within a year. It also requires that the construction cost estimate be itemized with quantities and unit prices so that the County Engineer can verify that the estimate total is sufficient to complete a project according to approved plans. In addition, the new text prohibits anyone with ownership interest in the subdivision from preparing the construction cost estimate. The proposed amendment also eliminates the posting of bonds as an option for securing improvements due to administrative complications associated with bonds. 062 Existing and"Proposed Ordinance Provisions:[Underline indicates proposed text.] V D S III-E. Improvements [This existing paragraph is to be moved from V-D-8-c]Improvements proposed by the subdivider or required by this Ordinance, such as street pavement, curb and gutter, and sidewalks, shall be constructed in accordance with the standards and requirements as provided in this Ordinance,provided that where said improvements are to be constructed subsequent to the approval of the Final Plat, plans and specifications for said improvements shall be approved by the appropriate agency and reference to said improvements shall be made part of the Final Plat as provided in Section V-D-7-a. III-E-1 Financial Guarantee Before a final plat of a subdivision shall be approved, improvements shall be p£evided as ews installed. inspected and approved. r a s°eur-it y bead, O-eas an escrow agreement,or a satisfactory, irrevocable letter of credit by an approved institution and as approved by the Orange County Attorney shall be posted with Orange County by the subdivider to provide for the completion of the required improvements. The financial guarantee shall be effective for 372 days after the Certificate of Improvements is igned by the County Manager. The amount of the] A- letter of credit. or escrow agreement shall be 110 percent of the construction cost estimate described in Section III-E-2. III-E-2. Construction Cost Estimate The financial guarantee shall be accompanied by an itemized estimate for the cos of construction which includes quantities and unit prices for construction materials and activities such as clearing and,"ing The estimate shall be F y�n engineer,contractor_or other individual Qualified to calculate the Cost to complete th_e improvements according to approved plans and s=ifications. who has no direct or indirect ownership interest in the subdivision. The construction cost estimate shall include a ten j=rcent(10%)con_struction contingency to account for unanticipated conditions or circumstances discovered during the development process. fs III-E-3. Maintenance of improvements Impmv-=ents installed as a requirement of subdivision approval shall be maintained by the developer until they are accepted for maintenance 122 (1)for a public road the North Carolina Department of Transportation: (2) for utilities, the utility provider;(3) for landscaping he homeowners: and (4 for a private road and other community facilities such as recreation and stormwater management improvements. the homeowners or a neighborhood or homeowners association or similar legal entity, Where a neighborhood or homeowners association or similar legal entity is to be responsible for the maintenance and control of any improvements required as part of subdivision approval,the subdivider shall file with the Planning Department and record with the final plat, a declaration of covenants and restrictions, articles of incorporation, where required, and/or by-laws as approved by the County Attorney that will govern the maintenance and control of such improvements. Provisions shall include but not be limited to the following: (a) The association shall be established before any homes are sold and any building occupied; (b) Membership shall be mandatory for each home buyer and all successive buyers; (c) The association shall be responsible for the liability insurance, local taxes and maintenance of recreation and other facilities,including streets and utility lines; (d) The homeowners must pay their pro rate share of the costs,and any sums levied by the association that remain unpaid shall become a lien on the individual homeowner's property which shall be subordinate only to tax and mortgage liens; (e) If all or any portion of the property held by the association is being disposed of,or if the association is dissolved, adequate recreation space shall be deeded to Orange County or the appropriate unit of local government to satisfy the requirements for public recreation space under Section IV-B-7-b of this Ordinance; (f) The lot owner of each dwelling unit or lot shall have voting rights in the association; and (g) The homeowners association shall be able to adjust any assessments to meet changed needs. 064 Where articles of incorporation are required,they shall be submitted in the form in which they will be filed with the North Carolina Secretary of State and, upon filing;.a copy of the articles of incorporation shall be provided to the Planning Department. V n Q e Streets 17 —D -R b, Grading and Favin &Feet..igh4s of. shall be .. .,,led in aeeer-danee with the knes a l gEa r-eqWr-efnei#s-of this Or-d ee-ante N.G. ea+e f T_aasp^.4 + provision is,found in Section IV-B-3-cj A4 D 8 e. Proposed improvements is naraQr•abh will be moved to the beginning ofSection HI-E.1 the subdivider-9r•required bydasQrdiaarrze, sueh as stfeett-payemestt-eifbadgutter-,-and-sideweAks, sha4l be eenstmeted.in .0 eeFd..«ee%ith the sta de..ds and requirements as pr-evided in this n d pr-eyided dt..,+ where said a ents a to be nst + d b ++ +1, be appr-eved by the ^YY«„Y +e „6e«„' and«e f..e« e+ said + shall .... Emade of the Final III-C-2. Application Requirements(Minor Subdivisions) Upon approval of the Concept Plan by the Planning Department,the subdivider may proceed with the preparation of the Final Plat. (See Section II -Definitions) Applications for minor subdivision Final Plat approval shall be filed with the Planning Department and shall contain the following information: (e) Auxiliary documents prepared in accordance with Section-V III-E of this Ordinance which assure completion and/or maintenance of improvements required by this Ordinance. Such documents may include,but not be limited to,a private road maintenance agreement;seems-bed Bash I escrow agreement or letter of credit by an approved institution; and guarantee of installation of any road signs; os: III-D-2. Preliminary Plat Approval III-D-2-a. Application Requirements (7) Auxiliary documents, in draft form,prepared in accordance with Section VIII-E of this Ordinance which assure completion and/or maintenance of improvements required by this Ordinance. Such documents may include, but not be limited to, a private road maintenance agreement, and articles of incorporation and restrictive covenants pertaining to a homeowners association. These documents may be required as necessary as evidence hat the Ordinance requirements are being met. III-D-3 Final Plat Approval(Major Subdivisions) III-D-3-a. Application Requirements Prior to approval of a Final Plat,the subdivider shall have installed the improvements specified in this Ordinance or guaranteed their installation as provided in Section-V-U I-E. No Final Plat will be accepted for review by the Planning Department unless accompanied by written documentation acknowledging compliance with the improvement and guarantee standards of Sections III-E. The Final Plat shall constitute only that portion of the Preliminary Plat which the subdivider proposes to record and develop at that time. Such portion shall conform to all requirements of this Ordinance. Applications for major subdivision Final Plat approval shall be filed with the Planning Department and shall contain the following information: css (2) Auxiliary documents, in final form, prepared in accordance with Section-V U U- of this Ordinance which assure completion and/or maintenance of I improvements required by this Ordinance. Such documents may include, but not be limited to, a private road maintenance agreement, articles of incorporation and restrictive covenants pertaining to a homeowners association, and a letter of credit or Het:fbF anee an escrow agreement; and Ordinance Review Committee: 6/27/96 Planning Board: BOCC: