HomeMy WebLinkAboutPH ORD-1996-029 Proposed Amendments to the Subdivision Regulations Section III-E, Section-C-23, Section III-D-2-a.(7), Section III-D-3a oi4� - 154G -a ��i 05`
ORANGE COUNTY
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.
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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-find in the
affirmative the Planning Department recommends approval of 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 proposed amendments be referred to
the Planning Board for a recommendation to be returned to the Board of
Commissioners no sooner than October 1 1996
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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: __4=_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 ij l-EE. 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
installed, inspected and approved,or a seeofiyy bead, e-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 signed by the County Manager. The amount of the bead.- 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 a arar±tee shall be accompanied by an itemized estimate for the cost
of construction which includes Quantities and unit prices for construction
materials and activities such as clearing and grading. The estimate shall be
prepared by an eng�er.contractor. or other individual qualified to calculate the
cost to complete the improvements according to approved glans and
specifications. who has no direct or indirect ownership interest in the subdivision_
The construction cost estimate shall include a ten Ucrcent(10%)construction
contingency to account for unanticipated conditions or circumstances discovered
dig the development process.
, asp
III-E-3. Maintenance of Improvements
IInDmygments installed as a requirement of subdivision approval shall be
maintained by the developer until they are accepted for maintenance by.
1 for a public road.the North Carolina Department of Trangportation:
(2mi) for utilities. the utility provider: (3) for landscaping,the 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 it 4 .. Streets-
37 D Q 1. Grading and_p.........
eats ei this llFd a and the N G Tlepa t..,.°«t e f T. .......t.,t: fZh L
Drovision is found in Section IV-B-3-c.1
31' 0 R- e. Proposed improvements
Mis Paragrgph will be moved to the beginning QfSection III-E.J
— As pr-epesedby the subdivider-er required by tWs Or-dinanee,
aeeer-danee -Ai�the standaEds and requirements as pfevided in this Or-di
be made peA ef the Final Plat as previded in Stees—ieifi 1.1 D
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-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;seer bend,sash 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-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, 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 III-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
Section-V 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:
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(2) Auxiliary documents, in final form,prepared in accordance with Section V
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, articles of
incorporation and restrictive covenants pertaining to a homeowners
association, and a letter of credit or p an escrow
agreement; and
Ordinance Review Committee: 6/27/96
Planning Board:
BOCC:
97 (, - � �q
C 3h
A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon, to refer the proposed amendment
to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 1,
1996.
VOTE: UNANIMOUS
(b) Securing Subdivision Improvements
1) Section III-E (new) Improvements (was V-D-8)
2) Section III-C-2e Application Requirements(Minor Subdivisions)
3) Section III-D-2-a.(7) Application Requirements(Preliminary Plat)
4) Section III-D-3a Application Requirements(Final Plat)
This item was presented to receive citizen comment on proposed amendments to the
Subdivision Regulations to relocate provisions regarding required improvements from Section V, "Plat Specifications,"
to Section 111, "Application and Approval Procedures," rewrite the section for clarity and to add language regarding
construction costs estimates and financial guarantees.
COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS- None
COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD - None
COMMENTS AND/OR QUESTIONS FROM CITIZENS - None
A motion was made by Commissioner Willhoit, seconded by Commissioner Crowther, to refer the proposed amendment
to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 1,
1996.
VOTE: UNANIMOUS
(c) Cluster Subdivision Provisions
1) Section IV-B-9 Cluster Developments
2) Section 111-D Approval Procedures for Major Subdivisions
3) Section V-A Specifications for Plat Drawings
This item was presented to consider a proposed amendment to re-adopt cluster
subdivision provisions and Concept Plan application and approval procedures in the Rural Buffer. The flexible
development provisions are applicable in all residential zoning districts except the Rural Buffer. Deleting the previous
cluster regulations and Concept Plan application and approval procedures had the unintended result of eliminating
those provisions in the Rural Buffer. The Planning Staff recommends that the previous provisions be re-adopted to
apply to that district only.
COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS- None
COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD - None
COMMENTS AND/OR QUESTIONS FROM CITIZENS - None
A motion was made by Commissioner Crowther, seconded by Commissioner Willhoit, to refer the proposed
Zoning Atlas amendment to the Planning Board for a recommendation to be returned to the Board of Commissioners no
sooner than October 1, 1996.
VOTE: UNANIMOUS
Vice-Chair Halkiotis resumed the responsibility for Chairing this meeting. Kathy Baker, Deputy Clerk to the
Board of Commissioners swore in Emily Cameron and John McGovern, an employee of the Carolina Friends School.
4. Special Use Permit
(a) PD-1-96 Carolina Friends School (Modification)
This item was presented by Emily Cameron to receive citizen comment on a proposed
modification to the Special Use Permit for Carolina Friends School which would allow expansion of the existing private
school approved as a planned development in 1990 and modified in 1992. The current request is for 3500 square feet
additional floor area for a library/arts building, a 1200 square foot addition to the Middle School for a multi-purpose room
and faculty offices; 1000 square feet of office and storage space at the Early School; and enclosing a 400 square foot
porch for expanded reception and office area at the Center Building. The proposed construction constitutes a major