HomeMy WebLinkAboutAgenda - 06-17-2014 - 7e 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 17, 2014
Action Agenda
Item No. 7-e
SUBJECT: Major Subdivision Preliminary Plat Application —Triple Crown Farm
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENTS: INFORMATION CONTACT:
1. Preliminary Plat Application Package (p. 8) Michael D. Harvey, Planner III, (919) 245-
2. Property and Vicinity Map (p. 68) 2597
3. Staff Generated Correspondence (p. 69) Patrick Mallett, Planner ll, (919) 245-2577
4. Fiscal Impact Analysis (p. 76) Craig Benedict, Director, (919) 245-2575
5. Notes from October 3, 2013 Neighborhood
Information Meeting (p. 86)
6. Excerpt of Approved November 6, 2013
Planning Board Meeting Minutes (p. 91)
7. Excerpt of Draft May 7, 2014 Planning
Board Minutes (p. 95)
8. Resolution of Approval (p. 97)
9. Preliminary Plat (p. 105)
PURPOSE: To receive the Planning Board recommendation, review, and make a decision on a
Major Subdivision Preliminary Plat application proposing a 20 lot single-family residential subdivision
in accordance with the provisions of Section 2.15 and Article 7 Subdivisions of the Unified
Development Ordinance (UDO).
BACKGROUND: The basic facts concerning the current application are as follows:
Applicant(s): 16 Parkside Lane, LLC
2807 Homestead Road
Chapel Hill, NC 27516
Owner: 16 Parkside Lane, LLC
2807 Homestead Road
Chapel Hill, NC 27516
Agent(s): Michael A. Neal and Associates, PLLC
105 W Corbin St
Hillsborough, NC 27278
Location: Dairyland Road - Please refer to Attachment 2 for a vicinity map of the
parcel.
Parcel information: a. PIN: 9850-91-0030.
2
b. Size of parcel: 104.25 acres in area.
c. Zoning of parcels: Rural Buffer (RB), University Lake
Protected Overlay District (UNIV-PW), and Special Flood Hazard
Area (SFHA) Overlay District. The area of property encumbered
by the SFHA is approximately 30,000 square feet.
d. Township: Chapel Hill.
School District: The project is split between the Chapel Hill-
Carrboro and Orange County School Systems. Please refer to
Attachment 2 for additional information.
Staff from both school districts indicate there is no issue with
respect to the issuance of a Certificate of Adequate Public
School Facilities (CAPS) for the project.
The applicants have indicated that they will petition to have all
new residences within the project assigned to the Chapel Hill-
Carrboro School System. Chapel Hill-Carrboro School
administrators have been informed of the request and are
seeking guidance on its viability.
As of this date the County has received no formal response.
e. Future Land Use Map Designation: Rural Buffer.
f. Growth Management System Designation: Rural.
g. Joint Land Use Plan Designation: Rural Buffer — University
Lake category.
h. Existing Conditions/Physical Features: Varying topography
with heavy vegetation, primarily mixed hardwoods, throughout.
There are streams running through the property with varying
slopes. Stream corridor width varies from 120 feet to 250 feet.
The property is encumbered by floodplain along Dairyland Road.
i. Roads: Vehicular access to the parcel is through Dairyland
Road, a state-maintained road and Triple Crown Drive, a private
road that is in the process of being accepted by the North
Carolina Department of Transportation (NCDOT) for addition to
the State maintained system.
j. Water and Sewer Service: The property is not located within a
primary public utility service area according to the Water and
Sewer Management Planning Boundary Agreement
(WAS M P BA).
Proposed lots are to be served by individual well and septic
systems.
Surrounding Land Uses: a. NORTH: Triple Crown Drive, single family residences on lots
ranging in area from 3 to 10 acres all zoned RB and University Lake
Protected Watershed Protection Overlay District.
• 3
b. SOUTH: Single-family residences on lots ranging in area from 1.5
to 5 acres zoned RB and University Lake Protected Watershed
Protection Overlay District.
c. EAST: Single-family residences on lots ranging in area from 6 to 10
acres zoned RB and University Lake Protected Watershed
Protection Overlay District.
d. WEST: Dairyland Road, single family residences on lots ranging in
area from 9 to 14 acres all zoned RB, University Lake Protected
Watershed Protection Overlay District, and Special Flood Hazard
Area Overlay District.
Development Process, Schedule, and Action: The typical cadence for the review of a major
subdivision is as follows:
• First Action — Planning staff schedules a Neighborhood Information Meeting (NIM).
Staff Comment — DONE. This meeting was held on October 3, 2013. A
synopsis of comments from this meeting is contained within Attachment 5.
• Second Action — The Planning Board reviews and takes action on the Concept
Plan application approving either the `conventional' or `flexible development' layout.
Staff Comment— DONE. The Concept Plan application package was approved
at the November 6, 2013 Planning Board meeting with a `flexible development'
layout. Agenda materials for this meeting can be viewed at:
http://www.co.orange.nc.us/planning/documents/PBAgend allov2013-web.pdf.
Minutes from this meeting are contained in Attachment 6.
• Third Action — Once a concept plan is approved, the Planning Board reviews and
makes a recommendation on the approval of the Preliminary Plat for the project.
Staff Comment. - DONE. The Planning Board met at its May 7, 2014 regular
meeting and voted unanimously to recommend approval of the preliminary plat
application packet.
Agenda materials for this meeting can be viewed at:
http://orangecountync.gov/planning/documents/5.7.14PBAgenda.pdf
Draft Minutes from this meeting are contained in Attachment 7.
• Fourth Action — The BOCC reviews and takes action on the Preliminary Plat
application.
Staff Comment. - The item is set for the BOCC meeting on June 17, 2014.
• Fifth Action — Once all construction activities have been completed, or appropriate
bonds have been approved, staff will sign off and allow the recordation of a Final
Plat allowing for the individual lots to be created.
Proposal: The petitioner has submitted a Major Subdivision Preliminary Plat application package,
consistent with the approved Concept Plan, proposing to develop a Conservation Cluster Flexible
Development Subdivision with 20 single-family residential lots at a density of one (1) dwelling unit per
every 5 acres of land area with approximately 38 acres of dedicated open space.
4
The following modification(s) were made to the Preliminary Plat application in an effort to address
staff, Planning Board, and adjacent property owner comments associated with the project:
i. A Pedestrian Open Space Access (POSA) has been added between lot(s) 17 and 18
with 6,374 sq. ft. of accessible space.
ii. The applicant has added a 6' wide natural walking trail within POSA and Secondary
Open Space (south side of stream).
iii. Additional information has been provided about the proposed recreation area denoted
on the preliminary plat.
iv. The applicant indicates they will make a payment in lieu the County addressing
recreation requirements for the project in accordance with Section 7.11.3 of the UDO.
V. The required stream buffer has been properly denoted on the preliminary plat.
vi. The proposed Open Space has been increased by 2.28 acres.
A summary of the proposal is as follows:
Subdivision Type Number of Lots Average Lot Area in Open Open Space
Size Space Percentage
Flexible 20 3 acres 38.53 acres in 37% open
Development Plan open space space
(density is 1 proposed
dwelling unit for
every 5 acres of (33% required
property) by the UDO)
STAFF COMMENT—PROPOSAL. The proposal is in accordance with the anticipated densities
for properties located within the Rural Buffer land use category as defined within the adopted
Comprehensive Plan, Rural Designated area as denoted on the Growth Management Systems
Map, and the requirements of the Joint Planning Land Use Plan.
Roads: The applicant is proposing the creation of two roads serving the proposed lots. Per Section
7.8.5 of the UDO the roads will have to be constructed to NC Department of Transportation
(NCDOT) public road standards. Specifically, the plan calls for:
• Two cul-de-sac roadways. The first roadway will provide access to lots 12 through 20. The
second roadway will provide access to lots 1 through 9.
• Both roads will require stream crossings and the crossings will be engineered to meet
NCDOT standards.
STAFF COMMENT - ROADS: Staff has determined that the proposed roadway layout is
consistent with the requirements of the UDO.
5
In reviewing the matter with Mr. D'Angelo Jones of NCDOT, staff has been informed there
are no concerns over the two proposed roadways gaining access from Triple Crown Drive
once it is accepted into the state maintained system. It was indicated that the roads could be
potentially accepted for State maintenance if they are constructed to NCDOT standards.
This development does not lend itself to a requirement of extending proposed right-of-way to
adjacent properties in an effort to promote street connectivity. Adjacent parcels, to the north,
south, and west are already developed. Further, requiring extension of proposed right-of-
way could impact environmentally sensitive areas (i.e. streams/waterways).
UTILITIES - WATER AND SEWER: The applicant is proposing to serve the project with individual
wells and septic systems developed on each lot.
STAFF COMMENT - UTILITIES: Orange County Environmental Health has approved the
Preliminary Plat layout identifying septic and well locations for each proposed lot. Please
refer to Attachment 3 for additional information.
STORMWATER DRAINAGE: Drainage will be engineered according to Best Management Practices
(BMP) at the time of permit application for construction. The property is subject to recently
adopted stormwater management guidelines limiting total nitrogen runoff of 2.2 pounds per acre
annually and 0.82 pounds per acres annually for total phosphorus.
STAFF COMMENT - STORMWATER. Orange County Erosion Control has indicated the
applicant will need to submit a detailed stormwater management plan for the project for
review and approval prior to the commencement of land disturbing activities. The project will
also require an Erosion Control permit. Please refer to Attachment 3 for additional
information.
OPEN SPACE: The flexible development plan denotes the preservation of a 30-foot natural buffer
along Dairyland Road and a 100-foot building setback along the perimeter of the project.
Open space is identified in and around the existing streams. The total area reserved as open space
is approximately 1,678,305 square feet of land area or 38.53 acres. The proposed open space is
composed of existing, mature, vegetation and trees with an approximate height of between 50 to 70
feet.
STAFF COMMENT— OPEN SPACE. Staff has determined the proposed open space and
land use buffers meet the requirements of the UDO.
Land Use Buffer: The site plan indicates there will be a 30-foot buffer along Dairyland Road
comprised of existing, dense, vegetation composed of existing, mature, shrubs and trees with an
approximate height of between 50 to 70 feet.
STAFF COMMENT— LAND USE BUFFER: Section 6.8.6 (D) of the UDO requires that this
project maintain a thirty (30) foot land use buffer separating the project from adjacent
roadways. Staff has determined the proposed open space and land use buffers meet the
requirements of the UDO.
Emergency Services: The Orange County Fire Marshal has indicated there are no concerns
with respect to the proposed road layout or construction.
6
The Fire Marshal has recently identified a need for an adequate water feature for fire
suppression purposes to serve residences both within and adjacent to the project. The specific
volume of the feature as well as water flow rate capacity is still being discussed by the applicant
and Emergency Services staff.
The applicant has proposed to construct a pond to allow for the collection/storage of water for
this purpose. At the writing of this abstract the capacity of the pond was still being discussed by
the Fire Marshal and the project engineer.
STAFF COMMENT— WATER ACCESS: Staff is working with the project engineer and the
Fire Marshal to ensure that some form of adequate access, volume and flow is achieved. A
recommended condition contained within the resolution of approval for this project calls for
the final approval of the aforementioned water feature prior to the commencement of land
disturbing activities. Please refer to Attachment 8 for additional information.
Staff Generated Correspondence: Attachment 3 contains the various comments for this
project as of the date of abstract preparation.
JPA Review: In accordance with the Joint Planning Area Agreement, this project was sent to
the Towns of Chapel Hill and Carrboro for review and comment on September 13, 2013 and
again March 21, 2014. As of this date staff has not received any comments.
Analysis: As required under Section 2.15.2 (E) of the UDO, the Planning Director is required
to: `prepare and submit a recommendation' on the concept plan to the Planning Board for
consideration. In analyzing this request, the Planning Director offers the following:
1. The Preliminary Plat application has been deemed complete in accordance with the
requirements of Section 2.2 and 2.15.2 of the UDO.
2. Staff has determined that the property is of sufficient size to support the proposed
subdivision.
3. The proposal appears consistent with the various goals outlined within the
Comprehensive Plan concerning development, including:
a. Land Use Overarching Goal: Coordination of the amount, location, pattern, and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County's population and economy
consistent with other Comprehensive Plan element goals and objectives.
b. Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources, and
community character.
c. Land Use Goal 3: A variety of land uses that are coordinated within a program
and pattern that limits sprawl, preserves community and rural character, minimizes
land use conflicts, supported by an efficient and balanced transportation system.
4. Staff has determined that the proposed subdivision is consistent with the provisions and
goals of the Joint Planning Land Use Plan and Joint Planning Agreement.
FINANCIAL IMPACT: Attachment 4 provides a financial impact for the project, as a whole, on
County services. Staff has determined the project would not require augmentation of County
7
budgetary outlays to support services and that anticipated revenues from property taxes should
supplement increases in cost.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the Planning Board and Planning Director's recommendation on the
Preliminary Plat application for the Triple Crown Farm Subdivision;
2. Discuss the proposal as needed; and
3. Approve the Preliminary Plat as submitted and the Resolution of Approval contained in
Attachment 8.
i
Attachment 1
8
APPLICATION FOR PRELIMINARY PLAN APPROVAL
MAJOR SUBDIVISION
ORANGE COUNTY 5105
PLEASE TYPE OR PRINT(INFO ANDY) DATE;
SUBDIVISION NAME: -FR ( r-_-'L� C_KoWq r--Ag m.
LOCATION: "I l I l�lam( f �}ti `l'l* f G i I l-1�f r ��� C��C� � fps l C fLF � C p
OWNEWDEVEt.OPER: -2A
ADDRESS: � � Q All T -5, D TELEPHONE NO.:
AGENTICONTACT: All I C.-G4--f- rE,1 - P�4, f'�,.! �l G Lam,65:50c /A
ADIIRESS- (_,0IC / N! Su IT f� TELEPHONE Nth.: Ina ���-77
41Lc _s(5,0/0asst4, N[ l
A SUMMARY INFORMATION � t �`1 � �� 0
Orange County Tax Map 7 Mock^ / �. Lots) Township
Zoning Dlstrict(s):
Total Number of(Acres:
Total Number of Lots: Average Lot Size: I q __Minimum Lot Size: i�1c�s
NumberlType of Structures:(existing), (proposed)
Linear Feet in Streets: ,Gl.i Acres in Open Space: `>
Water Supply: lnll`�L t�S _Public(specify) Community Individual
Wastewater Disposal: SE-PT-i C.. Public(specify) , ._._ =--
_ P(Pna(a (�.Piro District. /G o.m
run - _ Individual
u at
School District: C(-� Z�4
General Land Uses In Area:
Critical Areas:^--- cG' streairildrainageways 4q,p5 U ffood prone areas
Ih! 177ce 3 t ! -f f( /: ,('pOT TF'iidatershed(specify)• ---histis�ic sites fJr)
other(explain) '
Is the property to be subdivided currently under"farm use value taxation"?Yes No_� If"yes,"please
contact the.Orange County Tax Office. Subdivision of the property may require payment of deferred taxes under
"farm use value taxation."
B All plats must be sufimitted on sheet no smaller than one inch equals two-hundred fool:(1"=2001)and no larger than
one inch equals twenty feet(i"=7Q')and must contain the following information.
subdivision name �-1 _. zoning of tract and adjacent
properties
name&address of owner(s) building setback lines by notation or
typical tot layout.
name&address of subdivider `� location and width of existing and
(if other than ownar) proposed easements(drainage;
utilities,roads,etc.)
name of surveyor,engineer,landscape Existing,proposed and adjoining
architect gar architect,address, rights=of way irieluding dirrierisions
registration#&seal and street names and Stag Load
(title)Preliminary Plan numbers. Linear feet of road
- scale,mirth arrow centerlines and approximato acre=age
N_1J date of plan preparation and revisions of new street rights=of=way
township,tax neap-block-lot references IQ XA _ existing and proposed utilities,
Parent Parcel Identification including type;sizes,Hydrants,
deed book and pads#of property to be valves,manholes
subdivided
boundary described with bearings and existing and proposed curbs,guffers
distances and culverts,including sizes and
grades
�J total acreage of the tract and acreage of location and width of alloys, 9
lots,including and excluding area within sidewalks,bike lanes,transit
rights-of-way \ systems,and bus stops
�./ control corner _r typical street cross-sections and
intorseativin details including design
and width of travelway and
shoulders
Oi proposed lot'llnes with dimensions I-IJ horizontal alignment,centerline
` tot S,block numbers - radius,and general curve data on all
phasing lines)
proposed streets
topography at ton(10)foot intervals . permanent features such as
�! water bodies,streams,,loodways and buildings,cemeteries,historic
floodpiains landmarks
stream buffers adjoining lot layout names of
! location and size of parcels dedicated for adjoining propertyowners. If
public use,recreational use or reserved subdivided,subdivision plat name,
in common,with purpoeo noted plat book&page number,and
perimeter lot numbers.
--` J impervious surface data(if located in � location and size of lots of rostrtctod
water supply watershed) development potential and irmfgtion
/ on plat regarding same
vicinity map showing general[crcatian stonmwater detantiart andlor
subdivision with streets and roads retention sites and undisturbed
identified by State Road nurttber and areas•for infiltration purposes(if
name located in water supply watershed)
�./ landscaping and buffer requirements
-township,corporate and extraterritorial � identified natural areas and wildlife
planning jurisdiction lines which cross corridors
the property
C OTHER SUBMITTAL,REQUIREMENTS:
4, Twenty-five(25)copies of the Preliminary Flat.
_46 2. One full size copy of an Orange.County Tax Map(with tax parcels involved clearly marked).
3, Where municipal or OWASA salver is not ava€labie,a copy of the Preliminary Flat indicating Health bepartment
approvalldeniaifor each lot show thereon.
4. Whore a private road is proposed,a written statement by the applicant or his/her authorized representative which
sets for the justification fur a private road(see Section IV-8.3-d-1 of the Orange County Subdivision Regulations),
5. Auxiliary documents,In draft forirE prepared In accordance with Section VI of this Ordinanca which ensure
completion and/or maintenance of improverrtents required by this Ordinanca. Such documents may include,but
not be limited to,a private road maintenance agreement and articles of inczifporation and restrictive covenants
pertaining to a homeowners association. Those documents-may be required as nocessary as aviddiice that the
ordinance requirements are being met_
6. Fee Y$500 plus$5.00 per lot(erne fee for Preliminary and Final Plat).
- T. If the subdivision contains10 lots or more,the following Information shall be submitted with the application:
a. Number of years to buildoul,
b. Number of houses to be built during each year until buildout.
o. Average price of houses including lots for each year to buiidout.
I certify that to the best of my knowledge the information contained above,and in the supporting documents,is a factual representation
of the proposed development. I acknowledge that by signing this application,the Orange County Planning and Inspections Department
is authorized,pursuant to KC.Gen.Slat,Section 153a-360,to make as many inspections of the subject property as may be necessary
to verify that the proposed work outlined herein id consistent with the provisions of all applicable State and local laws,_ordinances and
-regulations: By signing this application, I acknowledge and agree that inspectors, zoning officers,erosion control officers,and other
staff of the Orange County Planning & inspections Department have a rlght,•upori presentation of proper credenfiats, to enter the
subject property at any reasonable hour for the purposes of inspectlon or other enforcement action.
1r�I� � a
AiPPLIGANT'S SIGNATURE P�ATE_ OWNER'S SIGN _U DATE (�
• _ '�` ;;fit` _ ..
FEES: ::Amount t Da to Paid
•E28 a 't.#
10
1
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11
DR-6
DECLARATION
OF COVENANTS, CONDITIONS,EASEMENTS,AND RESTRICTIONS
FOR TRIPLE CROWN FARMS
Prepared by: David Rooks,Northen Blue, LLP
Return to: 16 Parkside Lane,LLC, 2807 Homestead Rd, Chapel Hill,NC 27516
PIN:
THIS DECLARATION, made on the date hereinafter set forth by 16 Parkside Lane, LLC
a North Carolina limited liability company,hereinafter referred to as "Declarant";
WITNESSETH:
WHEREAS,Declarant is the owner of certain property in Orange County, State of North
Carolina, commonly referred to as "Triple Crown Farms" which is more particularly described
on Exhibit A attached hereto; and,
WHEREAS, Declarant wishes to impose restrictions, conditions, easements, covenants
and agreements under a general plan or scheme of improvement for the benefit of all Property
herein described and the future owners thereof on the Property described in Exhibit A attached
hereto, and,
WHEREAS,the Property will be comprised of single family residential lots;
NOW,THEREFORE,Declarant hereby declares that all of the Property described on
Exhibit A will be held, sold,and conveyed subject to the following easements, restrictions,
Page 1 of 50
12
covenants, and conditions,which are for the purpose of protecting the value and desirability of,
and which will run with the title to,the Property and be binding on all parties having any right,
title, or interest in the Property or any part thereof,their heirs, successors, and assigns, and will
inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1.1. "Association" will mean and refer to Triple Crown Farms Homeowners
Association,Inc., a North Carolina non-profit corporation, its successors, and assigns.
Section 1.2. "Board" or 'Board of Directors" will mean those persons elected or
appointed and acting collectively as the Board of Directors of the Association.
Section I.3. "Common Expenses"will mean and include:
(a) All sums lawfully assessed by the Association against its members;
(b) Expenses declared to be common expenses by the provisions of this Declaration
or the Bylaws;
(c) Hazard, liability, or such other insurance premiums as the Declaration or the Bylaws
may require the Association to purchase; or as the Association may deem appropriate to
purchase;
(d) Expenses for the maintenance of the Recreation Space shown on the recorded plats
of the Property;
(e) Expenses for maintaining the shoulders, including mowing, of the private and public
roads shown on the recorded plats of the Property;
(f) Any other expenses determined by the Board or approved by the Members to be
common expenses of the Association.
Page 2 of 50
i
13
Section 1.4. 'Declarant"will mean and refer to 16 Parkside Lane, LLC, its successors,
and assigns, to which the rights of Declarant hereunder are expressly transferred, in whole or in
part, and subject to such terms and conditions as Declarant may impose.
Section 1.5. "Lot" will mean and refer to any plot or tract of land shown upon any
recorded subdivision map of the Property, as such map or maps may be from time to time
amended or modified, for detached single-family residential use, designated for residential use
and for separate ownership and occupancy.
Section 1.6. "Member" will mean and refer to every person or entity who holds
membership in the Association by reason of being an Owner or Lot Owner defined below.
Section 1.7. "Owner" or "Lot Owner" will mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to any Lot which is a part of the
Property, including contract sellers, but excluding those having such interest merely as security
for the performance of an obligation.
Section 1.8. "Person" will mean and refer to any individual, corporation, partnership,
association,trustee, or other legal entity.
Section 1.9. "Property" will mean and refer to that certain real property hereinbefore
described on Exhibit "A", attached hereto, and such additions thereto as may hereafter be
brought within the jurisdiction of the Association.
Section 1.10 "Rules and Regulations" will refer to the Rules and Regulations adopted
by the Association in accordance with the By Laws.
ARTICLE H
PROPERTY RIGHTS
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Section 2.1. Owners' Easements of Enioyment. Every Owner will have a right and
easement of enjoyment in and to the Recreation Space as shown on the recorded plats which will
be appurtenant to and will pass with the title to every Lot subject to the following provisions :
(a) the right of the Association to suspend voting rights,to suspend the
right to use the Recreation Space and to impose fines;
(b) the right of the Association to dedicate, sell, lease, or transfer all or
any part of the Recreation Space, or any interest therein, to any public agency, authority, or
utility, or to any other person for such purposes and subject to such conditions as may be agreed
upon by the Members. No such dedication, sale, lease, or transfer will be effective unless it has
been approved by at least eighty percent (80%)voting interests of each class of Members and an
instrument of dedication, sale, lease, or transfer properly executed by the Association has been
recorded. On such instrument the Secretary of the Association will certify, that at least eighty
percent (80%) voting interests of each class of Members have approved the dedication, sale,
lease, or transfer and that certificate may be relied upon by any third party without inquiry and
will be conclusive as to any grantee, its successors, or assigns; provided, however, conveyances
for general utility purposes, as specified herein, may be made by the Board of Directors of the
Association without consent, of the Members;
(c) the right of the Association, in accordance with its Articles and
Bylaws, to borrow money for the purpose of improving the any of the Recreation Space;
(d) the right of the Association in accordance with its Articles of
Incorporation or Bylaws to impose rules and regulations for the use and enjoyment of the
Recreation Space and improvements thereon,which rules and regulations may further restrict the
use of the Recreation Space.
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Section 2.2. Delegation of Use. Any Owner may delegate, in accordance with the
Bylaws, his right of enjoyment to the Trail and Pedestrian Ways to the members of his family,
his tenants,or contract purchasers who reside on the Property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 3.1. Every record Owner of a Lot which is subject to assessment will be a
Member of the Association. Membership will be appurtenant to, and may not be separated from,
ownership of any Lot which is subject to assessment.
Section 3.2. The Association will have two classes of voting membership:
Class A. Class A Members will be all Owners with the exception of the
Declarant, and will be entitled to one vote for each Lot owned. When more than one person holds
an interest in any Lot, all such persons will be Members; however, the vote for such Lot will be
exercised as they among themselves determine, or as set forth in the Bylaws, but in no event will
more than one vote be cast with respect to any Lot.Fractional voting is prohibited.
Class B. The Class B Member will be the Declarant and will be entitled to
four(4)votes for each Lot owned.The Class B membership will cease and be converted to Class A
membership with one vote for each Lot owned on the happening of either of the following events,
whichever occurs earlier:
(a) when the total votes outstanding in Class A membership equal or
first exceeds the total votes outstanding in Class B membership, however, no earlier than two (2)
years following the date of conveyance of the first Lot by Declarant,or
(b) five (5) years from the date of conveyance of the first Lot by
Declarant.
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Section 33. The right of any Member to vote may be suspended by the Board of
Directors for just cause pursuant to its rules and regulations and the Articles and Bylaws of the
Association and according to the provisions of Article II, Section 2.1(b)herein.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 4.1. Creation of the Lien and Personal Oblillation of Assessments. The
Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot
by acceptance of a deed therefore, whether or not it will be so expressed in such deed, is deemed
to covenant, and agree to pay to the Association: (1) annual assessments or charges which are
Common Expenses, (2) special assessments for extraordinary maintenance and capital
improvements, and (3) special assessments for purchase, construction, or reconstruction of
improvements; The annual and special assessments together with interest, costs, and reasonable
attorney's fees for collection, will be a charge on the land and will be a continuing lien upon the
Lot against which each such assessment is made. Each such assessment, together with interest,
costs, and reasonable attorney's fees, will also be the personal obligation of the person who was
the Owner of such Lot at the time when the assessment fell due. The personal obligation for the
delinquent assessments will not pass to his successors in title unless expressly assumed by theirs.
The Association will also have the authority, through the Board of Directors to establish
fix, and levy a special assessment on any Lot to secure the liability of the Owner thereof to the
Association arising from breach by such Owner of any of the provisions of this Declaration
which breach will require the expenditure of time: and money or both, by the Association for
repair or remedy, including court costs and reasonable attorneys fees if necessary for the
enforcement of the provisions herein.
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Each Owner covenants for himself, his heirs, successors, and assigns, to pay each
assessment levied by the Association on the Lot described in such conveyance to him within ten
(10) days of the due date as established by the Board, and further covenants that if said
assessment will not be paid within thirty (30) days of the: due date, the payment of such
assessment will be in default and the amount thereof become a lien upon said Owner's Lot as
provided herein and will continue to be such lien until fully paid.
Section 4.2. Purpose of Assessments. The assessments levied by the Association
will be used exclusively for the paying of Common Expenses as defined in Article 1, Section 4.
Section 4.3. Amount of Assessment.
(a) Initial Maximum Assessment. To and including January 1, 2015,
the maximum monthly assessment for an individual Lot will not exceed$100.00.
(b) Increase by Association. From and after January 1, 2015, the
monthly assessment imposed by this Association may be increased by the Board of Directors,
without a vote of the membership, by a percentage which may not exceed the greater of ten
(10%) percent or the percentage increase reflected in the U. S. City Average, Consumer Price
Index - United States and selected areas for urban wage earners, and clerical workers, all items
most recent index and Percentage ges from selected dates, (published by the U.S. Bureau of
Labor Statistics, United States Department of Labor, Washington, D.C.), or such other Index as
may succeed the Consumer Price Index, for that twelve-month period ending June September 30,
of the previous year.
(c) Increase by Members. From and after January 1,2015,the annual
assessment may be increased by a percentage greater than permitted by this Article by an
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affirmative vote of seventy-five percent(75%) voting interests of each class of Members who are
voting in person or by proxy, at a meeting duly called for such purpose.
(d) Criteria for Establishing Annual Assessment. In establishing the
annual assessment for any assessment year,the Board of Directors will consider all current costs
and expenses of the Association, any accrued debts, and reserves for future needs, but it may not
fix the annual assessment in an amount in excess of ten (10%) percent or the sums derived by
application of the Consumer Price Index formula provided in Subsection (b) without the consent
of members required by Subsection(c) of this Section 4.
(e) Board Authority. The Board of Directors may fix the annual
assessment: at an amount not in excess of the maximum.
(f) Declarant Expenses. Until such time as Declarant no longer
controls the Board, Declarant will pay any Association expenses not otherwise covered by the
assessment hereunder.
Section 4.4. Special Assessments for Capital Improvements. In addition to the
annual assessments authorized above, the Association may levy, in any assessment year, a
special assessment applicable to that year only for the purpose of defraying, in whole or in part,
the cost of any construction, reconstruction, restoration, repair, or replacement of a capital
improvement upon the Recreation Space, any extraordinary maintenance, expenditure including
vegetation and tree replacement, provided hat any such assessment will have the assent of
seventy-five percent (75%) voting interests of each class of Members who are voting in person
or by proxy at a meeting duly called for this purpose.
Section 4.5. Replacement Reserve. Out of the Common Expenses assessment, the
Board may create and maintain a reserve fund for the periodic maintenance, repair, and
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replacement of improvements to the Recreation Space which the Association may be obligated to
maintain.
Section 4.6. Notice and Quorum for Any Action Authorized Under Sections 3 and 4.
Written notice of any meeting called for the purpose of taking any action authorized under this
Article will be sent to all Members not less than 30 days or more than 60 days in advance of the
meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast
sixty percent (60%) of all the votes of each class of membership will constitute a quorum. If the
required quorum is not present, another meeting may be called subject to the same notice
requirement, and the required quorum at the subsequent meeting will be one-half (1/2) of the
required quorum at the preceding meeting. No such subsequent meeting will be held more than
60 days following the preceding meeting.
Section 4.7. Uniform Rate of Assessment. Both annual and special assessments must
be fixed at a uniform rate for all Lots and may be collected on a monthly basis or other periodic
basis established by the Board.
Section 4.8. Date of Commencement of Annual Assessments: Due Dates; Initial
Workinlz Capital. The annual assessments provided for herein will commence as to all Lots on
the first day of the month following the conveyance of the first lot to an Owner other than
Declarant or , whichever occurs last.. The first annual assessment will be
adjusted according to the number of months remaining in the calendar year. The Board of
Directors will fix the amount of the annual assessment against each Lot at least thirty (30) days
in advance of each annual assessment period. Written notice of the annual assessment will be
sent to every Owner subject thereto. The due dates will be established by the Board of Directors.
The Association will, upon demand, and for a reasonable charge if it deems appropriate, furnish
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a certificate signed by an officer of the Association setting forth whether the assessments on a
specified Lot have been paid. A properly executed certificate of the Association as to the status
of assessments on a Lot is binding upon the Association as of the date of issuance.
In addition to the regular assessments to be charged and paid hereunder, each Lot Owner
will, at the time of the initial sale of each Lot by Declarant to that Lot Owner, pay to the
Association a sum equal to one (1) months assessment on that Lot as additional working capital
of the Association. These amounts need not be segregated but may be commingled with regular
assessment funds. This working capital amount will be paid by the Lot Owner notwithstanding
the fact that Declarant may have made prior regular assessment payments to the Association on
the Lot being sold pursuant to the provisions of the first sentence hereunder.
Section 4.9. Effect of Nonpayment of Assessments: Remedies of the Association.
Any assessment not paid within thirty (30) days after the due date will be delinquent, in default,
and will bear interest from the due date at the highest rate then permitted by North Carolina law
not to exceed ten (10%) percent. The Association may bring an action at law against the Owner
personally obligated to pay the same plus interest, costs, late payment charges, and reasonable
attorney's fees, or foreclose the lien against the Lot. No owner may waive or otherwise escape
liability for the assessments provided for herein by non-use of the Recreation Space or
abandonment of his Lot.
The lien herein granted unto the Association will be enforceable pursuant to Article 2A of
Chapter 45 of the General Statutes from and after the time of recording a Claim of Lien in the
Offices of the Clerk of Superior Court in Orange County in the manner provided therefore by
Article 8 of Chapter 44 of the North Carolina General Statutes, which claim will state the
description of the Lot encumbered thereby, the name of record owner, the amount due, and date
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when due. The claim of lien will be recordable any time after thirty(30) days after the due date
of the assessment or any, installment thereof and the lien will continue in effect until all sums
secured by said lien as herein provided will have been fully paid. Such claims of lien will include
all assessments which are due and payable when the claim of lien is recorded, plus interest, costs,
attorney's fees, advances to pay taxes, and prior encumbrances and interest thereon, all as above
provided. Such claims of lien will be signed by an officer or agent of the Association. Upon full
payment of all sums secured by such claim of lien,the same will be satisfied of record.
Section 4.10. Subordination of the Lien to Mortgages and Ad Valorem Taxes.
The lien of the assessments provided for herein will be subordinate to the lien of any
institutional first mortgage and ad valorem taxes on said Lot. Sale or transfer of any Lot will not
affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage or tax
foreclosure or any proceeding in lieu thereof, will extinguish the lien of such assessments as to
payments which became due prior to such sale or transfer, but will not abate the personal
obligation of the prior owner. No sale or transfer will relieve such Lot from liability for any
assessments thereafter becoming due or from the lien thereof.
Section 4.11. Exempt Property. Any portion of the Property dedicated to, and accepted
by, a local public authority and any portion of the Property owned by a charitable or non-profit
organization exempt from taxation by the laws of the State of North Carolina may be exempt
from the assessments created herein. However,no land or improvements devoted to dwelling use
will be exempt from said assessments.
Section 4.12. Responsibility for Maintenance of the Grounds of Each Lot
(Excluding Improvements Thereon). It will be the responsibility of each Lot Owner to
maintain his or its Lot grounds in a clean cut,well kept and neat manner.
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Section 4.13. Exterior Improvement Maintenance Responsibility. Each Lot Owner,
at his sole cost and expense, will provide exterior upkeep and maintenance of the improvements
on the Lot. Such improvements will always be maintained in a neat and attractive manner and in
keeping with the quality or standard of maintenance of other Lot Owners in the Property. Such
maintenance and upkeep will include, and without limitation, exterior building surface care such
as painting, staining, cleaning, repair, and replacement of roofs, shingles or siding, repair, and
replacement of gutters, downspouts, moldings, doors, screens, and glass surfaces, and will
further include repair and maintenance of fences, screens, walks, driveways, or exterior lighting
and lighting fixtures.
In the event an Owner fails to keep and maintain the improvements on his Lot in a neat
and attractive manner, then the Association may maintain, repair, replace, or generally keep up,
including painting, staining, and other repairs to the improvements on the Lot if such has been
approved in advance by a vote of seventy-five percent (75%) of the voting interests of each class
of Members present and voting in person or by proxy at a meeting of Members duly called for
the purpose of making this determination or at any annual meeting at which this matter is
announced as an agenda item.
In the event the Association must do any maintenance, repair,replacement, or upkeep on
any Lot., each Lot Owner hereby gives to the Association, and the same is hereby reserved unto
the Association, its agents, servants, or independent contractors, the right and easement for
unobstructed access in, over, and on each Lot at all reasonable times to perform such repair or
replacement by the Association and to charge the Lot Owner the costs thereof as allowed by this
Declaration.
ARTICLE V
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ARCHITECTURAL CONTROL
The Architectural Review Board ("ARB")wiIl consist of three members. Declarant will
appoint the initial members to staggered terms of one, two and three years and will continue to
have the power to appoint the ARB until when the authority to appoint
the ARB will be transferred to the Association.
No site preparation (including, but not limited to, grading, elevation work, landscaping,
sloping, or tree work.) or initial construction, erection, or installation of any improvements,
including, but not limited to, buildings, driveways, fences, signs, walls, retaining walls, screens,
landscaping, plantings, play areas, and play equipment or other equipment, furniture, or
structures will be commenced, erected, placed, altered, removed, repaired, or maintained upon
the Property or any Lot, nor will any addition to, change, or alteration therein be made by any
Owner, other than Declarant, until the plans and specifications showing the nature, Lind, shape,
height, materials, exterior colors, siding, location, and elevations of the proposed improvements
or landscaping have been approved in writing by the ARB. A submission will be deemed to have
been approved if the ARB fails to act on the submission within thirty (30) days after receipt of a
complete set of plans and specifications.
Upon request, the ARB will provide any Owner with a letter stating that any such work
plans and specifications have been approved and the same may be relied upon by third parties.
Refusal of approval of such plans, location, or specifications may be based upon any
grounds, including purely aesthetic and environmental, that the ARB, in its sole discretion,
deems sufficient. The ARB will not be responsible for any defects in the plans and specifications
submitted to it or in any structure erected according to such plans and specifications.
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The ARB or its appointed agents, will have the right, at its election, but will not be
required, to enter upon any of the Property during site preparation or construction, erection, or
installation of improvements to inspect the work being undertaken and to determine that the
work is being performed in conformity with the approved plans and specifications and in a good
and workmanlike manner, utilizing approved methods and good quality materials.
The ARB will have power to, and may allow variances of, and adjustments of, the
restrictions on use and building restrictions established herein in order to overcome practical
difficulties and prevent unnecessary hardships in application of the restrictions contained herein;
provided, however that variances or adjustments are done in conformity to the intent and
purposes hereof; and, provided also, that in every instance such variance or adjustment will not
be materially detrimental or injurious to the Property or other Lots in the immediate
neighborhood. Variances and adjustments may be of the height, size, setback requirements and
materials used but will not be limited thereto.
The ARB will execute a document attesting to the specific nature of each variance
granted in form suitable for recording in the Orange County Registry. The document will be
prepared at the cost of the Lot Owner and will be binding upon the Association and may be
relied upon by third parties.
ARTICLE VI
USE RESTRICTIONS
Section 6.1. Rules and Regulations. The Board of Directors of the Association will
have the power to formulate, publish, and enforce reasonable rules and regulations concerning
the use and enjoyment of the Recreation Space. Such rules and regulations may provide for
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imposition of fines or penalties for the violation thereof, or for the violation of any of the
covenants and conditions contained in this Declaration.
Section 6.2. Use of Property. Except as provided herein, Lots may only be used for
single family residential purposes and for uses incidental or accessory thereto. Owners may use
lots for a home occupations as permitted by the Orange County Land Use Ordinance and
Declarant may use one lot for a temporary model home/sales office, if the use is permitted under
the Orange County Land Use Ordinance.
Section 6.3. Quiet Enjoyment. No obnoxious or offensive activity will be carried on
upon the Property, nor will any owner do or permit anything to be done that may be, or may
become, a nuisance or annoyance to the neighborhood.
ection 6.4. Animals. No animals, birds, livestock, or poultry of any kind will be
kept or maintained on any Lot or in any dwelling except that horses, dogs, cats, pet birds, or
other household pets may be kept or maintained provided that they are not kept or maintained for
commercial purposes and are controlled in accordance with applicable governmental ordinances
and are not a nuisance to other Owners. All pets will be kept on a leash when not on the Lot of
the owner of the pet;no pets will be allowed to roam the subdivision.
Section 6.5. Insurance.Nothing will be kept, and no activity will be conducted, on the
Property which will increase the rate of insurance applicable to residential use for the Property or
any Lots.No Owner will do or keep anything,nor cause or allow anything to be done or kept, on
his Lot or on the Recreation Space which will result in the cancellation of insurance on any
portion of the Property, or Lots therein, or which will be in violation of any law, ordinance, or
regulation.No waste will be committed on any portion of the Recreation Space.
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Section 6.6. Offensive Behavior. No immoral, improper, offensive, or unlawfull use
will be made of the Property, or any part thereof. All laws, orders, rules, regulations, ordinances,
or requirements of any governmental agency having jurisdiction thereof, relating to any Lot or
any portion of the Property, will be complied with, by and at the sole expense of the Owner or
the Association,whichever will have the obligation to comply with such requirements.
Section 6.7. Structural Integrity. Nothing will be done in, to, or upon any of the
Recreation Space which will impair the structural integrity of any structure or other improvement
or portion of the Recreation Space or which would impair or alter the exterior of any structure,
improvement or portion thereof,except in the manner provided in this Declaration.
Section 6.8. Alterations. No person will undertake, cause, or allow any alteration or
construction in or upon any portion of the Recreation Space except at the direction or with the
express written consent of the Association.
Section 6.9. Recreation Space Use. The Recreation Space will be used only for the
purposes for which they are intended and reasonably suited and which are incident to the use and
occupancy of the Property, subject to any rules or regulations that may be adopted by the
Association pursuant to its Bylaws.
Section 6.10. Subdividing. No Lot will be subdivided, or its boundary lines changed
except with the prior written consent of the Declarant during the period of Declarant control of
the Association and thereafter by the Board. However, the Declarant hereby expressly reserves
unto itself, its successors, and assigns, the right without Board approval to replat any two (2) or
more Lots shown on the plat of the subdivision of the Property in order to create one or more
modified Lots; to recombine one or more Lots to create a larger Lot; to eliminate from this
Declaration Lots that are not otherwise buildable or are needed for access to any area of the
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Property and to take such steps as are reasonably necessary to make such replatted Lots suitable
and fit as a building site or access area, said steps to include, but not to be limited to, the creation
of or the relocation of easements,walkways,and rights-of-way to conform to the new boundaries
of the said replatted Lots.
Section 6.11. Firearms: Hunting Prohibited. There will be no discharging of firearms,
guns or pistols of any kind, caliber, type, or method of propulsion and no hunting of any type
will be carried on or conducted on the Property.
Section 6.12. Unsiizhtly Growth. No underbrush or other unsightly growth will be
permitted to grow or remain on any Lot, and no refuse pile or unsightly trash or other objects
will be allowed to be placed or suffered to remain thereon, including vacant parcels.
Section 6.13. Independent Covenants. Each and every covenant and restriction
contained herein will be considered to be an independent and separate covenant and agreement,
and in the event any one or more of said covenants or restrictions will, for any reason, be held to
be invalid, or unenforceable, all remaining covenants and restrictions will nevertheless remain in
full force and effect.
Section 6.14. Additional Restrictions. Declarant may include in any contract or deed
hereafter made any additional covenants and restrictions that are not inconsistent with and which
do not diminish the covenants and restrictions set forth herein.
ARTICLE VII
BUILDING RESTRICTIONS
Section 7.1. Square Footage. Any dwelling erected on a Lot will contain a minimum
enclosed dwelling area of 3,000 square feet. In addition thereto, and unless a variance is granted
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as provided herein, all dwellings will have an enclosed two car garage. The term "enclosed
dwelling area" as used in this Article VII will mean the total enclosed area within a dwelling
subject to heating and cooling; provided, that the term specifically does not include garages,
terraces, open porches, decks, stoops, and like areas regardless of heating or cooling.
Section 7.2. Setback Lines. Any and all dwellings and other permitted improvements
erected on a single-family residential Lot (including garages) will conform to and comply with
the minimum building setback requirements shown on the recorded subdivision plats of the
Property and as follows:
(a) Front Line and Rear Line. No dwelling, building, garage
or other improvements including terraces, decks, porches, patios, stoops, steps and roof
overhangs (the "Improvements")will be located on any Lot nearer to a front Lot line than 80 feet
or nearer to a rear Lot line than 40 feet.For those Lots located on a private right-of-way the front
setback will be measured from the right-of-way boundary.
(b) Corner Lot. A corner Lot will be considered to have two
(2)front lines and Improvements must not be located closer than 80 feet from both front lines.
(c) Side Line. No Improvement will be located nearer than 40
feet to an interior Lot line.
(d) Waiver. The ARB will have the authority and discretion
without need of formal Board approval to waive the strict setback requirements stated herein for
any infraction provided: (i) the infraction does not violate the minimum setback requirements
promulgated by Orange County or other governmental authority having jurisdiction over the
Property and (ii) the infraction constitutes a de minin7is violation of the prescribed setback
requirements herein. De nainimis will mean ten percent(10%) or Iess of the stated requirement.
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Section 7.3. Height and Accessory BuildinIz. No structure, except as hereinafter
provided, will be erected, altered, placed, or permitted to remain on any Lot other than a
detached single family dwelling no greater than three (3) stories in height, however, the ARB
may approve in writing a variance permitting a structure of more than three stories, and a garage
and small accessory building (such as guest cottages), provided, the use of such dwelling or
accessory building does not in the opinion of the ARB overcrowd the site. Such accessory
building may not be constructed prior to the construction of the primary dwelling.
Section 7.4. Multi-Family Use Prohibited. No multiplex residence or apartment
house will be erected, placed on, or allowed to occupy, any Lot, and no dwelling once approved
and constructed will be altered or converted into a multiplex residence or apartment house.
Section 7.5, Remedies. If the finished dwelling, garage, accessory building, or other
structure does not comply with the submitted and approved plans and specifications, the Board
retains the right to make the necessary changes at Owner's expense to comply with the approved
plans and specifications, the right to treat such charge or cost as an assessment, the right to file
under the North Carolina lien laws a notice of liens for any costs incurred, and the further right to
resort to all remedies provided under the laws of North Carolina for the recovery of such costs
and the expenses of collection, including without limitation, reasonable attorneys' fees. Any
changes in plans or specifications must first be approved in advance by the ARB in accordance
with the procedure herein specified for architectural control.
ARTICLE VIII
EASEMENTS
Section 8.1. Utility Easements. All of the Property, including Lots and Recreation
Space, will be subject to such easements for driveways, walkways, parking areas, waterlines,
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sanitary sewers, storm drainage, gas lines, telephone and electric power lines, and other public
utilities as will be established by the Declarant or by its predecessors in title, prior to the
subjecting of the Property to this Declaration.
Section 8.2. Specific Utility Easements. There is hereby reserved an easement ten (10)
feet in width along the rear property line of each Lot for the purpose of installation, repair,
maintenance,erection,construction, and inspection of utility lines, drainage cuts and storm sewer
lines. The ten (10) foot utility easement along the rear property lines of those Lots which border
the Stream Buffer will be located parallel to but a distance of eighty (80) feet from the rear
property lines of the lots.
Section 8.3. Recorded Easements. There are hereby reserved easements as shown on
the recorded map or maps of the subdivision. In the event of a conflict in the width of any
easement or setback requirement reserved herein or on the recorded map, the wider easement or
setback will prevail. No improvements will be located within any easement or setback areas
shown on such map or maps, except as permitted by the Board.
ARTICLE IX
INSURANCE
Section 9.1. Insurance May be Maintained by the Association. The following
insurance coverage may be maintained in full force and effect by the Association:
(a) Public liability and property damage insurance in such amounts and in
such forms as the Association might determine.
(b) All liability insurance will contain endorsements designating primary and
secondary coverage.
(c) Such other insurance coverage as it may determine to be desirable and
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necessary, including fire and hazard insurance covering all improvements located on the
Recreation Space.
Section 9.2. Premiums. Premiums for insurance policies purchased by the
Association will be paid by the Association and charged ratably to Owners as an assessment
according to the applicable provisions of this Declaration.
Section 9.3. Insurance Beneficiaries. All such insurance policies will be purchased
by the Association for the benefit of the Association and the Owners.
Section 9.4. Insurance to be Maintained by the Owners. Every Owner will
maintain in full force and effect at all times fire and hazard insurance in an amount equal to the
full insurable value of his improvements except that the amount will not be required to exceed
the replacement cost of the improvements. An Owner will exhibit to the Board, upon request,
evidence that such insurance is in effect. If any Owner fails to maintain such insurance, the
Board is authorized to obtain such insurance in the name of the Owner from an insurer selected
by the Board, and the cost of such insurance will be included in the annual assessment of the
Owner and will constitute a lien against his Lot until paid as a result of enforcement by the
Association or otherwise.
ARTICLE X
RIGHTS OF INSTITUTIONAL LENDERS
Section 10.1. Rights Reserved to Institutional Lenders. "Institutional Lender" or
"Institutional Lenders", as the terms are used herein, will mean and refer to banks, savings and
loan associations, savings banks, insurance companies, Veterans Administration, Federal
Housing Authority, Federal National Mortgage Association, and other reputable mortgage
lenders and guarantors and insurers of such first mortgages. So long as any Institutional Lender
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or Institutional Lenders will hold any mortgage upon any Lot, or will be the Owner of any Lot,
such Institutional Lender or Institutional Lenders will have the following rights:
(a) To be furnished with at least one copy of the Annual Financial
Statement and Report of the Association, including a detailed statement of annual carrying
charges or income collected, and operating expenses, such Financial Statement and Report to be
furnished by April 15 of each calendar year.
(b) To be given notice by the Association of the call of any meeting of
the membership to be held for the purpose of considering any proposed Amendment to the
Declaration, or the Articles of Incorporation and Bylaws of the Association, which notice will
state the nature of the amendment being proposed, and to be given permission to designate a
representative to attend all such meetings.
(c) To be given notice of default in the payment of assessments by any
owner of a Lot encumbered by a mortgage held by the Institutional Lender or Institutional
Lenders, such notice to be given in writing and to be sent to the principal office of such
Institutional Lender or Institutional Lenders, or to the place which it or they may designate in
writing to the Association.
(d) To inspect the books and records of the Association and the
Declaration,Bylaws and any Rules and Regulations during normal business hours, and to obtain
copies thereof.
(e) To be given notice by the Association of any substantial damage
to any part of the Recreation Space.
(f) To be given notice by the Association if any portion of the
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Recreation Space, is made the subject matter of any condemnation or eminent domain
proceeding or is otherwise sought to be acquired by a condemning authority.
Whenever any Institutional Lender, guarantor, or insurer desires the benefits of the
provisions of this section requiring notice to be given or to be furnished a financial statement,
such Lender will serve written notice of such fact upon the Association by Registered Mail or
Certified Mail addressed to the Association and sent to its address stated herein, or to the address
of the Property, identifying the Lot upon which any such Institutional Lender or Institutional
Lenders hold any mortgage or mortgages, or identifying any Lot owned by them, or any of them,
together with sufficient pertinent facts to identify any mortgage or mortgages which may be held
by it or them, and which notice will designate the place to which notices are to be given by the
Association to such Institutional Lender.
ARTICLE XI
GENERAL PROVISIONS
Section 11.1. Enforcement. The Association, or any Owner, will have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration.
Failure by the Association or by any Owner to enforce any covenant or restriction herein
contained will in no event be deemed a waiver of the right to do so thereafter.
Section 11.2. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order will in no way affect any other provisions which will remain in full force
and effect.
Section 11.3. General Amendments. The covenants and restrictions of this
Declaration will run with and bind the land, for a term of twenty (20) years from the date this
Declaration is recorded, after which time they will be automatically extended for successive
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periods of ten (10) years. This Declaration may be amended during the five (5) year period
(commencing from the date of first conveyance of the first Lot by Declarant) by an instrument
signed by not less than seventy-five percent(75%) of the voting interests in each class of voting
rights held by the Member, and thereafter by an instrument signed by not less than sixty-seven
percent(67%)of the voting interests of the Lot Owners.
Section 11.4. Amendments Permitted Without Membership Approval. The
following amendments may be effected by the Declarant, or the Board, as the case may be,
without consent of the members:
(a) Prior to the sale of the first Lot, this Declaration may be amended
by the Declarant.
(b) The Declarant, so long as it will retain control of the Association,
will have the right to amend this Declaration to conform to the requirements of any law or
governmental agency having legal jurisdiction over the Property or to qualify the Property or any
Lots and improvements thereon for mortgage or improvement loans made, insured or guaranteed
by a governmental agency or to comply with the requirements of law or regulations of any
corporation or agency belonging to, sponsored by, or under the substantial control of,the United
States Government or the State of North Carolina, regarding purchase or sale of such lots and
improvements, or mortgage interests therein, as well as any other law or regulation relating to the
control of Property, including, without Iimitation, ecological controls, construction standards,
aesthetics, and matters affecting the public health, safety, and general welfare. A letter from an
official of any such corporation or agency, including, without limitation, the Veterans
Administration, U.S. Department of Housing and Urban Development, the Federal Home Loan
Mortgage Corporation, Government National Mortgage Corporation, or the Federal National
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Mortgage Association, requesting or suggesting an amendment necessary to comply with the
requirements of such corporation or agency will be sufficient evidence of the approval of such
corporation or agency, provided that the changes made substantially conform to such request or
suggestion.
(c) The Declarant, for so long as it will retain control of the
Association, and, thereafter, the Board of Directors, may amend this Declaration as will be
necessary, in its opinion, and without the consent of any Owner,to qualify the Association or the
Property, or any portion thereof, for tax-exempt status.
(d) The Declarant,for so long as it has control of the Board, may
amend this Declaration to include any platting change of the Property as permitted herein.
(e) The Declarant,for so long as it has control of the Board, may
amend this Declaration to annex additional property into the Development.
Section 11.5.Governmental Authority Amendments. No amendment which would
change or delete any provision herein required by any governmental authority will become
effective until submitted to and approved by that authority; provided, however, if that authority
fails to approve or disapprove such amendment within thirty (30) days after the same has been
submitted to it, such approval will not be required and this covenant will be deemed to have been
fully complied with.
Section 11.6. Recordation. No amendment will be effective until recorded in the
County in which the Property is situated.
Section 11.7. Governing Law. This Declaration will be governed by the laws of the
state of North Carolina.
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IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set
its hand and seal this the_day of ,2013.
16 Parkside Lane,LLC
By:
Member/Manager
NORTH CAROLINA, COUNTY
I, , a Notary Public of the State and County aforesaid,certify that
Danny Jones personally appeared before me this day and acknowledged that he/she is the
Manager t of 16 Parkside Lane,LLC,a North Carolina limited liability company, and that
he/she as Manager,being authorized to do so, executed the foregoing on behalf of the company.
Witness my hand and seal this the day of 12013.
Notary Public [Place Notary Seal Here]
My Commission Expires:
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EXHIBIT A
Being all of Lot 1 of the Recombination of Don Ann Acres, Inc. consisting of104.05 acres per
Plat Book 94,Page 99, Orange County Registry.
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Exhibit B
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i
39
BYLAWS
OF
TRIPLE CROWN FARMS HOMEOWNERS ASSOCIATION,INC.
ARTICLE I
PLAN OF COMMON PROPERTY CONTROL
Section 1.1. Lands Affected. 16 Parkside Lane, LLC a NC corporation, (hereinafter
the 'Declarant"), is the owner of certain lands located in Orange County, North Carolina, more
particularly described in a Declaration of Covenants, Conditions, Easements and Restrictions for
Triple Crown Farms Subdivision (hereinafter the "Declaration"), and it has submitted said lands
to membership control pursuant to the Declaration recorded in Book 1 Page , Orange
County Registry,
Section 1.2. Name. The lands on which said Declaration is imposed will be known as
Triple Crown Farms Subdivision(hereinafter referred to as the "Property").
Section 1.3. Applicability of Bylaws. All present and future owners, mortgagees,
lessees and occupants within the Property, and their agents, servants and employees, and any
other persons who may make use of the facilities of the Property in any manner, are subject to
these Bylaws and to the Rules and Regulations adopted pursuant hereto, and to any amendments
to these Bylaws, Rules and Regulations upon the same being duly adopted.
The acceptance of a deed or conveyance to, or the entering into a lease to, or the act of
occupancy of, any Lot (as defined herein) within the Property by any person will conclusively
establish the acceptance and ratification by such person of these Bylaws (and to any Rules and
Regulations adopted pursuant hereto), the Articles of Incorporation, and the Declaration as they
may be amended from time to time, and will constitute and evidence an agreement by such
persons to comply with those governing documents.
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ARTICLE II
DEFINITIONS
Section 2.1. "Association" will mean and refer to the Triple Crown Farms
Homeowners Association, Inc.,the association of Lot Owners of the Lots at Triple Crown Farms
Subdivision.
Section 2.2. "Property"will mean all of the lands and appurtenances, subjected to the
Declaration,which lands are more fully described in said Declaration and all additional property
thereto, as may be hereafter brought within the jurisdiction of the Association.
Section 2.3. "Declarant" will mean Don-amt Acres, Inc,a North Carolina Corporation
corporation.
Section 2.4. "Declaration" will mean that instrument recorded in Book Page
Orange County Registry, as from time to time amended.
Section 2.5. "Board"will mean the Board of Directors of the Association.
Section 2.6. "Rules and Regulations"will mean those written actions of the Board, duly
adopted, and amendments thereto, interpreting and applying the provisions of the Declaration
and these Bylaws and establishing and prescribing the administration, management, use,
operation and maintenance of the Recreation Space, including but not limited to, the
establishment and imposition of fines, fees and penalties for violation of the Declaration,
Articles, Bylaws or Rules and Regulations.
Section 2.7. "Lot" will mean and refer to any plot of land shown upon any recorded
subdivision map of the Property, as such map or maps may be from time to time amended or
modified, for detached single-family residential use, all designated for separate ownership and
occupancy.
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considered, including, but not limited to, the general nature of any proposed amendment to the
Declaration or Bylaws,any budget matters, or any proposal to remove an officer or director.
When a meeting is adjourned for thirty (30) days or more, notice of the reconvening of
the adjourned meeting will be given as in the case of an original meeting. When a meeting is
adjourned for less than thirty (30) days in any one adjournment, it will not be necessary to give
notice of the reconvening of the adjourned meeting other than by an announcement at the
meeting at which the adjournment is effective.
Section 4.7. Quorum: Required Vote for Action. Unless a different percentage is
required by the Articles of Incorporation,Declaration or a specific provision of these Bylaws,the
presence in person or by proxy at the beginning of any meeting of Members constituting sixty
percent (60%) of the total votes entitled to be cast will constitute a quorum and any action,
consistent with the notice of such meeting, may be taken at any meeting of the Association at
which a quorum is present upon the affirmative vote of the Members having a majority of the total
votes present at such meeting.
If a quorum is not present at the opening of any meeting, the meeting may be adjourned
from time to time by vote of a majority of the voting interests present, either in person or by proxy,
and will be reconvened at the date and time determined at the adjourned meeting, subject to the
notice requirements set forth in Section 6 of this Article. The quorum requirement at the next
meeting will be one-half of the quorum requirement applicable to the meeting adjourned for lack of
a quorum. This provision will continue to reduce the quorum by fifty percent (50%) from that
required at the previous meeting, as previously reduced, until such time as a quorum is present and
business can be conducted.
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Section 4.8. Votinlz Members: Proxies. There will be one person with respect to each
Lot who will be entitled to vote the voting interest of that Lot at any meeting of the Association,
herein referred to as the "voting member". The voting member may be the Owner of a Lot, or an
Owner designated by a majority of several Owners of a Lot, or may be some other person
designated by such Owner or Owners to act as proxy on his or their behalf and who need not be an
Owner. Designation of the voting member or of a proxy will be made in writing to the Secretary
and will be revocable by actual notice of revocation to the person presiding over the meeting of the
association by the Owner or a majority of the Owners. A proxy is void if not written, dated, and
signed by an Owner or a majority of the Owners of a Lot, and a proxy will terminate at the time
specified in the proxy or eleven months after its date,whichever is earlier.
Section 4.9. Voting Rights: Multiple Owners. If only one of the multiple Owners of a
i
Lot is present at a meeting of the Association, he is entitled to cast the vote allocated to the Lot. If
more than one of the multiple Owners is present, the vote allocated to that Lot may be cast only in
accordance with the agreement of a majority in interest of the multiple Owners. Majority
agreement is conclusively presumed if any one of the multiple Owners casts the votes allocated to .
that Lot without protest being made promptly to the person presiding over the meeting by any of
the other Owners of the Lot.Fractional voting is prohibited.
Section 4.10. Voting Rizhts: Cumulative Voting. The vote cast by, or on behalf of, the
Owner or Owners of a Lot will be that voting interest specified in the Articles of Incorporation.
In all elections for members of the Board of Directors, no voting member will be entitled to vote
on a cumulative voting basis for the director or directors to be elected, and the candidate or
candidates receiving the highest number of votes with respect to the number of offices to be
filled will be deemed elected.
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Section 2.8. "Lot Owner" or "Owner" will mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to any Lot which is a part of the
Property, including contract sellers, but excluding those having such interest merely as security
for the performance of an obligation.
Section 2.9. "Recreation Space" will be the areas designated as such on the plats describing
the Property.
Section 2.10. "Person" will mean and refer to any individual, corporation, partnership,
association,trustee or other legal entity.
Section 2.11. "Member" means each Owner or Lot Owner having membership in the
Association.
ARTICLE III
OFFICES
Section 3.1. The principal office of the Association will be located at 2807 Homestead Road,
Chapel Hill,North Carolina 27516.
Section 3.2. The registered office of the Association may be, but need not be, identical with
the principal office, but will be located in North Carolina.
ARTICLE IV
ASSOCIATION OF LOT OWNERS
Section 4.1. Members. The qualification of Members, the manner of their admission
to membership and termination of such membership will be as set forth in the Articles of
Incorporation of the Association and the Declaration.
Section 4.2. Annual Meetings. An annual meeting of the Association will be held for
the purpose of electing Members of the Board of Directors and for the transaction of such other
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business as may be properly brought before the meeting. The annual meeting will be held at 5:00
p.m. on the 10th of January of each year, unless such day will be a legal holiday, in which event
the meeting will be held at the same time on the day next following which is not a ,legal holiday,
Y
and the first annual meeting will be on the 10th day of January in the first year following
purchase and recording of the Property in the Developer's name.
Section 4.3. Substitute Annual Meetings. If an annual meeting is not held on the
day designated in the Bylaws, a substitute annual meeting may be called in the same manner as a
special meeting.A meeting so called will be designated and treated for all purposes as the annual
meeting.
Section 4.4. Special Meetings. Special meetings of the Association may be called at
any time by the President, a majority of the Members of the Board of Directors, or by the
Owners of not less than ten percent (10%) of the voting interests as established by the
Declaration.
Section 4.5. Place of Meetings. All meetings of the Association will be held at the
Property, or at such other place in the County where the Property is located as will be designated
in the notice of the meeting.
Section 4.6. Notice of Meetings. Written or printed notice stating the place, day and
hour of the meeting will be delivered or mailed by first class mail, postage prepaid, not less than
ten (10) nor more than sixty (60) days prior to the date of the meeting by the Secretary to each
person entitled to vote at such meeting.
In the case of an annual meeting, substitute annual meeting, or special meeting,the notice
of meeting will state the time and place of the meeting as well as the items on the agenda to be
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Section 4.11. Waiver of Notice. Any Lot Owner, at any time, may waive notice of any
meeting of the Association in writing, and such waiver will be deemed equivalent to the giving
of such notice. Attendance by a Lot Owner at any meeting of the Association will constitute a
waiver of notice by, him of the time and place thereof except where a Lot Owner attends a
meeting for the express purpose of objecting to the transaction of any business because the
meeting was not lawfully called. If all the voting members are present at any meeting of the
Association,no notice will be required, and any business may be transacted at such meeting.
Section 4.12. Informal Action by Lot Owners. Any action which may be taken at a
meeting of the Association may be taken without a meeting if a consent in writing, setting forth
the action so taken, will be signed by all of the persons who would be entitled to vote upon such
an action at a meeting and filed with the Secretary of the Association to be kept in the
Association minute book.
ARTICLE V
BOARD OF DIRECTORS
Section 5.1. General Powers. The business will be managed and directed by the
Board of Directors of the Association or by such committee as the Board may establish pursuant
to these Bylaws, If any of the authority of the Board of Directors is vested in any committee, one
member of each such committee will be a Board member.
Section 52. Initial Board.There will be an initial Board of three directors, appointed
by the Declarant, who will serve until their successors are elected and qualified as herein
provided.
Section 5.3. Election of Directors. Except for the appointed directors provided for in
Section 2 of this Article, and as otherwise provided in Section 5 of this Article, at least three
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agents and/or employees having the authority to deposit and withdraw such funds; and, in its
discretion, to require such officers, agents or employees to be bonded in such amounts as it
deems necessary.
(h) Sign all mortgages, deeds of trust,agreements, contracts, vouchers
for payment of expenditure, deeds and other instruments in such manner as from time to time
will be determined by written resolution of the Board. In the absence of such determination by
the Board,such documents will be signed by the President and the Secretary.
(i) Procure and maintain adequate insurance of such nature and in
such amounts as is provided in the Declaration, and such other insurance as the Board may deem
necessary or appropriate, including, without limitation hazard insurance, liability insurance and
officers and directors liability coverage.
0) Appoint such committees as are provided for in these Bylaws and
the Declaration or as otherwise deem appropriate by the Board, including, but not limited to, an
ARB.
(k) Exercise their powers in good faith and do and perform such
other matters and things not expressly prohibited by law,the Declaration, or these Bylaws as are
necessary and appropriate to the proper administration, operation and maintenance of the
Association.
(1) Prepare an annual budget in which there will be established the
assessments of each Lot Owner for the Common Expenses. A summary of the proposed budget
will be provided to all of the Lot Owners within thirty (30) days after adoption of the proposed
budget, and the budget will be ratified at a meeting of the Lot Owners.
(m) Pay all taxes, charges and assessments which are or may become
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liens against any part of the Recreation Space, and assess the same against the Members and
their respective Lots.
(n) To enforce by legal means or proceeding the provisions of the
Articles of Incorporation, the Bylaws, the Declaration and the Rules and Regulations
promulgated hereunder.
(o) To establish fines and penalties for late payment of assessments
and for violations of the Declaration, Bylaws and the Rules and Regulations, and to provide for
the suspension of voting rights of any Member during any period in which such Member will be
in default in the payment of any assessment levied by the Association and to suspend such voting
rights and other privileges for a period not to exceed sixty (60) days after notice and hearing for
other infractions.
(p) To impose reasonable charges for services especially provided to
one or more Lot Owners which charges or costs should not otherwise be a Common Expense.
(q) To institute, defend or intervene on behalf of the Association in
litigation or administrative procedures affecting the Property.
(r) To cause additional improvements to be made to the Recreation
Space.
(s) To exercise all other duties to which similar organizations have
the power to perform and as by law provided.
Section 5.9. Persons Who May Serve.Except for the initial Board of Directors
or their Successors appointed by Declarant, every elected member of the Board will be a Lot
Owner unless the Owner is a corporation, limited liability company, partnership, trust or other
legal entity other than a natural person or persons, in which event any officer, director, agent or
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4$ „
employee of such corporation, partner of such partnership, member or manager of such limited
liability company, beneficiary or trustee of such trust, or manager of such other legal entity, will
be eligible to serve as a member of the Board. Members of the initial Board or their successors
who are appointed by the Declarant may, but are not required to be, Lot Owners,
Section 5.10. Liability of the Board. The members of the Board of Directors will not
be liable to the Lot Owners for any mistake of judgment,negligence or otherwise except for their
own individual willful misconduct or bad faith. The Association will indemnify and hold
harmless each of the members of the Board against all contractual liability to others arising out
of contracts made by the Board on behalf of the Association unless any such contracts will have
been made in bad faith or contrary to the provisions of the Declaration or these Bylaws. It is
intended that the members of the Board of Directors will have no personal liability with respect
to any contract made by there on behalf of the Association, except to the extent of their liability
as Lot Owners. It is also intended that the liability of any Lot Owner arising out of any contracts
made by the Board of Directors or out of the aforesaid indemnity in favor of the members of the
Board will be limited to such proportions of the total liability thereunder as his voting interest in
the Recreation Space bears to the interest of all the Lot Owners. Every agreement made by the
Board will provide that the members of the Board of Directors are acting only as agents for the
Association, and will have no personal liability thereunder(except as Lot Owners),and that each
Lot Owner's liability thereunder will be limited to such proportion to the total Iiability thereunder
as its voting interest in the Association bears to the voting interest of all Lot Owners.
ARTICLE VI
MEETING OF DIRECTORS
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Section 6.1. OrLranizational Meeting. The initial organizational meeting of Board of
Directors will be held within 30 days from the date of the conveyance of the Recreation Space by
the Declarant to the Association. Notice to the Directors as provided herein will be necessary in
order to legally to constitute such meeting,provided that a quorum will be present.
Section 6.2. Regular Meetings. A regular meeting of the Board will be held
immediately after and at the same place as the annual meeting or substitute annual meeting of the
Association. The Board may provide by adoption of an appropriate resolution for the time and
place within the County in which the Property is located, for other regular meetings of the Board.
Section 6.3. Special Meetings. Special meetings of the Board may be called by or at
the request of the President or by any two Directors. Such meetings may be held at any place
within the County in which the Property is located.
Section 6A. Notice of Meetings. Regular meetings of the Board of Directors may be
held without notice. The person or persons calling a special meeting of the Board will give actual
notice, oral or written, to all Directors of the time,place and purpose of such meeting at least two
days prior thereto.
Section 6.5. Waiver of Notice. Any member of the Board of Directors may give
written waiver of notice at any time of any meeting of the Board, and such waiver will be
deemed equivalent to the giving of such notice. If all of the members of the Board are present at
any meeting thereof, no notice will be required, and any business may be transacted at such
meeting.
Section 6.6. Quorum. A majority of the number of Directors fixed by these Bylaws
will be required for and will constitute a quorum for the transaction of business at any meeting of
the Board of Directors.
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Section 6.7. Manner of Actina. Except as otherwise provided in this section, the act
of the majority of the Directors present at a meeting at which a quorum is present will be the act
of the Board of Directors. A vote of a majority of the number of Directors fixed by the Bylaws
will be required to adopt a resolution constituting an executive committee.
Section 6.8. Organization. Each meeting of the Board of Directors will be presided
over by the President and in the absence of the President, by the Vice President, and in the
absence of the Vice President, by any person selected to preside by vote of the majority of the
Directors present. The Secretary, or in his or her absence, an Assistant Secretary, or in the
absence of both the Secretary and the Assistant Secretary,any person designated by the presiding
officer of the meeting will act as Secretary of the meeting.
Section 6.9. Informal Action of Directors. Any action taken by the Directors
without a meeting will constitute Board action if written consent to the action in question is
signed by all the Directors and filed with the minutes of the proceedings of the Board, whether
done before or after the action is taken.
Section 6.10. Minutes. The Board, and all committees to which the Board will have
delegated any of its authority, will keep minutes of all of the proceedings of the Board and the
committees.
Section 6.11. Fidelity Bonds. The Board of Directors may at any time in its absolute
discretion require any officer or employee of the Association handling or responsible for
Association funds to be covered by an adequate fidelity bond. The premiums on such bond will
constitute a Common Expense.
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ARTICLE VII
OFFICERS
Section 7.1. Designation. The principal officers of the Association will be a president,
a secretary, a treasurer and such vice presidents, assistant secretaries, assistant treasurers and
other officers as the Board of Directors may from time to time elect. Any two or more offices
may be held by the same person, except that the office of President and Secretary may not be
held by the same person.
Section 7.2. Election and Term. All officers of the Association will be elected by the
Board of Directors, and such elections may be held at the regular annual meeting of the Board;
provided, however,that prior to the first annual meeting, the Declarants will appoint the officers
from among the initial Board.
Each officer will hold office for a period of one (1) year or until his death, resignation,
retirement,removal, disqualification or his successor is elected and qualified.
Section 7.3. Removal. Any officer or agent elected or appointed by the Board of
Directors may be removed by the Board with or without cause. Such removal, however, will be
without prejudice to the contract rights, if any, of the person so removed.
Section 7.4. Compensation. No officer will receive any compensation from the
Association for acting as such, but the Board may reimburse any officer for any direct expenses
incurred by him in the performance of his duties as such officer and such reimbursement will be
a Common Expense.
Section 7.5. President. The President will be the principal executive officer of the
Association and, subject to the control of the Board of Directors, will supervise and control the
management of the Property. The President will, when present, preside at all meetings of the
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Board and of the Association, and, in general, will perform all duties incident to the office of the
President and such other duties as may be prescribed from time to time by the Board. The
President will prepare, execute (with the Secretary), certify, and record amendments to the
Declaration on behalf of the Association.
Section 7.6. Vice President. The Vice President, and if there be more than one, the
Vice Presidents will, in the absence or disability of the President, have the powers and perform
the duties of said office. In addition, each Vice President will perform such other duties and have
such other powers as will be prescribed by the President.
Section 7.7. Secretary. The Secretary will keep accurate records of the acts and
proceedings of all meetings of the Association and of the Board. The Secretary will give, or
cause to be given, all notices required by law and these Bylaws, and the Secretary will have
general charge of the minute books and records of both the Association and the Board. The
Secretary will sign such instruments as may require his signature, and, in general, will perform
all duties incident to the office of Secretary and such other duties as.may be assigned to him from
time to time by the President or by the Board of Directors.
Section 7.8. Treasurer.The Treasurer will have custody of all Association funds and
securities and will receive, deposit or disburse the same under the direction of the Board of
Directors. He will keep full and accurate records of the finances of the Association in books
specially provided for that purpose. He will cause a true statement to be prepared as of the close
of each fiscal year setting forth, in reasonable detail, the assets and liabilities of the Association,
the changes in surplus for such fiscal year, and the result of the operations of the Association.
The statement will be filed and kept available for inspection by any Lot Owner for a period of
three (3) years and the Treasurer will mail or otherwise deliver a copy of the latest statement to
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each Lot Owner and member of the Board of Directors annually on or before 30 days prior to the
annual meeting of the Association covering the preceding calendar year. The Treasurer will also
prepare and file all reports and returns required by Federal, State or local laws,and will generally
perform all other duties as may be assigned to him from time to time by the President or the
Board of Directors.
Section 7.9. Assistant Secretaries and Treasurers. The Assistant Secretaries and Assistant
Treasurers, if any, will, in the absence or disability of the Secretary or the Treasurer,
respectively, have all the powers and perform all of the duties of those officers, and they will, in
general, perform all of the duties as will be assigned to them by the Secretary or Treasurer,
respectively,or by the President or Board of Directors.
ARTICLE VIII
OPERATION OF THE PROPERTY
Section 8.1. Determination of Common Expenses and Fixinjz of Common Expense.
The Board of Directors, from time to time, and at least annually, will prepare a budget to defray
"Common Expenses" (as defined in the Declaration)payable by the Lot Owners and will allocate
and assess the Common Expenses among the Lot Owners thereof as set forth in the Declaration.
The Common Expenses assessed to each Lot will be a lien on that Lot. The budget of the
Association in the discretion of the Board may include, without limitation, amounts for: funding
deficits for any prior year; a reserve for working capital; a reserve for maintenance and
replacement; and a general operating reserve.
Section 8.2. Payment of Common Expenses. All Lot Owners will be obligated to
pay the Common Expenses assessed by the Board of Directors pursuant to the provisions of
Section 1 of this Article at such time or tunes as the Board will determine.
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No Lot Owner will be liable for the payment of any part of the Common Expenses
assessed against his Lot subsequent to a consummated sale,transfer or other conveyance by him
(made in accordance with the provisions of the Declaration and applicable restrictions of record)
of such Lot. A purchaser of a Lot will be jointly and severally liable with the seller for the
payment of the Common Expenses assessed against such Lot prior to the acquisition by the
purchaser of such Lot, without prejudice to the purchaser's right to recover from the seller the
amounts paid by the purchaser therefore. Provided, that a first-lien mortgagee or other purchaser
of a Lot at a foreclosure sale of such Lot will not be liable for, and such Lot will not be subject
to, a lien for the payment of Common Expenses assessed prior to such foreclosure sale, and such
unpaid Common Expenses will be deemed to be Common Expenses collectible from all of the
Lot Owners, including such purchaser, his successors and assigns.
Section 8.3. Collection of Assessments. The Board of Directors will assess Common
Expenses against the Lot Owners from time to time and at least annually and will take prompt
action to collect any Common Expenses due from any Lot Owner which remains unpaid for
more than thirty (30) days from the due date of the payment thereof. In the event of an increase
in such Common Expenses, the Board of Directors will advise each Lot Owner, in writing, of
such increased assessment at least one month prior to the date of which the first increased
payment is due.
Section 8.4. Default in Payment of Common Expenses. In the event of default by
any Lot Owner in paying the Board of Directors the Common Expenses as determined by the
Board, such Lot Owner will be obligated to pay interest at the highest rate permitted by law but
not to exceed twelve percent (12%) per annum on such Common Expenses from the due date
thereof, together with a penalty established by the Board for nonpayment and with all expenses,
Page 46 of 50
55
including reasonable attorney's fees incurred by the Board in any proceeding brought to collect
such unpaid Common Expenses. The Board will have the right and duty to attempt to recover
such Common Expenses, together with penalties and the interest thereon and the expenses of the
proceeding, including reasonable attorneys' fees in any action to recover the same brought
against such Lot Owner, or by foreclosure of the lien on such Lot.
Default in payment of the Common Expenses assessed against any Lot will occur thirty
(30)days after the due date thereof, if not then paid.
Section 8.5. Foreclosure of Liens for Unpaid Common Expenses. The Board may
bring a suit to foreclosure on a lien for unpaid assessments. A suit to recover money judgment
for unpaid Common Expenses may be maintainable without foreclosing or waiving the lien
securing the same.
Section 8.6. Statement of Common Expenses. The Board of Directors will promptly .
provide any Lot Owner, its grantee to contract purchaser making written request therefore, a
written statement of all unpaid Common Expenses due from such Lot Owner.
Section 87. Rules of Conduct. Rules and Regulations concerning the use of the
Recreation Space may be promulgated and amended by the Board. Copies of such Rules and
Regulations will be furnished by the Board to each Lot Owner, and all amendments and new
Rules and Regulations will be furnished to Lot Owners prior to the time that amendment or new
rule or regulation becomes effective.
ARTICLE IX
RECORDS AND AUDITS
The Board of Directors will keep detailed records of actions of the Board minutes of the
meetings of the Board of Directors, minutes of the meetings of the Association, and financial
Page 47 of 50
56
records and books of accounts, including a chronological listing of receipts and expenditures,
which, among other things, will contain the amount of each assessment of the Common
Expenses against each Lot, the date when due, and amounts paid thereon, and the balance
remaining unpaid and Common Expenses paid. The financial record and books of account will
be available for examination by any Lot Owner or his duly authorized agent or attorney at
convenient hours on working days by prior arrangement with the Board. A report of all receipts
and expenditures of the Association and Property will be rendered by the Board to all Lot
Owners on or before the 90th day following the close of each fiscal year, covering the preceding
year. All books and records will be kept in accordance with generally accepted accounting
principles. A copy of the report will be furnished to all mortgagees of Lots who have requested
the same.
ARTICLE X
OPERATION PRIOR TO INITIAL MEETING OF BOARD
Prior to the first meeting of the initial Board of Directors,all functions of the Association and of the Board
of Directors as herein set forth will be performed and carried out by the Declarant.
ARTICLE XI
AMENDMENT OF BYLAWS
Section 11.1. Amendment by Owners.Except as provided in Section 11.2 below,these
Bylaws may be amended only by the affirmative vote of the voting members having at least
seventy-five percent (75%) of the aggregate voting interests, cast in person or by proxy at a
meeting duly held in accordance with the provisions of the Bylaws. Such amendment will be
executed in the name of the Association.
Page 48 of 50
57
Section 11.2. Amendment by the Board. The Board of Directors may amend these
Bylaws without the consent of the Owners:
(a) To correct any obvious error or inconsistency in drafting,typing or
reproduction;and
(b) To conform to the requirements of any law or governmental agency having legal
jurisdiction over the Property or to qualify the Property or any Lots therein for mortgage or
improvement loans made or insured by a governmental agency, Federal National Mortgage
Association or Government regulations of any corporation or agency regarding purchase of
mortgage interests in Lots by such agency.
No amendments made pursuant to this Section 11.2 will be effective until duly recorded in
the Office of the Register of Deeds of the county in which the Property is located.
ARTICLE XII
CONFLICTS
In case of any conflict between the Articles of Incorporation and these Bylaws, the Articles will
control; and in the case of any conflict between the Declaration and these Bylaws, the
Declaration will control.
Page 49 of 50
� 58.., , x
EXHBIT C
i
Page 50 of 50
59
AJ ,D,9
DECLARATION OF RESTRICTIONS AND PROVISIONS FOR PRIVATE ROAD
MAINTENANCE
Prepared by and Return to: David Rooks,Northen Blue,LLP,P.O.Box 2208, Chapel,Hill,NC
27515
THIS DECLARATION made this day of ,2013,by 16 -
Parkside Lane,LLC,.hereinafter"Declarant",having a mailing address of 2807 Homestead Road,
Chapel Hill,NC 27516.
WITNESSETH:
WHEREAS,Declarant owns in fee simple the real property described in Article 1 below;
and
WHEREAS,the said property will have access to Triple Crown Drive via the private roads
shown on the plat hereinafter referred to, Private Roads being known as and
(hereinafter referred to as"Private Roads"); and
WHEREAS,Declarant by this Declaration of Restrictions,wish to bind itself,its successors
and assigns to provide all owners of any,portions of said property owned by Declarant described
below perpetual ingress, egress and regress to State Roads; and
WHEREAS,Declarant by this Declaration of Restrictions,wishes to bind its successors and
assigns to provide for maintenance of Private Roads until such time as the Private Roads are
accepted by the State of North Carolina for maintenance;
NOW THEREFORE, Declarant agree for itself and with any and all persons, firms or
corporations hereafter acquiring any of the property described in Article 1 below,that the same will
be subject to the following restrictions,conditions,and covenants relating to the use and occupancy
thereof,which restrictions,conditions,and covenants will run with the said property and inure to the
benefit of and be binding upon the heirs, successors and assigns of Declarant and other acquiring
parties and persons.
Article 1. The real property which is, and will be, held, transferred, sold and conveyed
60
subject to the protective and restrictive covenants set forth in the various Articles of this declaration
is located in Chapel Hill Township, Orange County, North Carolina, and is more particularly
described as follows:
Article 2. Declarant hereby grants unto itself and the future record owners of the aforesaid
property adjoining and abutting the Private Roads as shown on the aforesaid recorded plat(s)and as
the Private Roads may be extended into the aforesaid property,perpetual ingress,egress and regress
over, on and under the said s including the use of the road for the purposes of installation and
maintenance of utilities.
TO HAVE AND TO HOLD the above-described easement as an appurtenance to all of the
property,which easement will run with said lands forever.
Article 3. The roads will be maintained to Class A road standards as prescribed by Orange
County now and as the same may be revised from time to time.
Declarant will be responsible for maintaining the Private Roads until:
Thereafter the owners of the subdivided lots as shown on the recorded plats herein before
referred to will be responsible for maintenance as herein provided. Any owner of a subdivided lot
within said property served by said road or the owner of any interest therein,will have the right to
enforce the maintenance standard by sending by registered or certified mail,return receipt requested,
written notice of all proposed maintenance and of the time and place of a meeting of the said records
owners(said meeting to take place no less that 10 days following the mailing of such notice)to all
such records owners at their last known address as shown on the Orange County Tax Records.
As such owner=s meeting,all maintenance will be approved by a majority of the votes cast
(each owner having one vote for each subdivided lot owner and three for each dwelling unit on a lot).
Every owner of any of the aforesaid property using said road will bear on a pro-rata basis the
cost of maintaining Private Roads,this being each owner=s pro-rata share for grading costs,gravel,
or rock hauled in to fill ruts, holes, and washed-out sections and necessary replacement of or
additional drainage culverts.
Each owner=s pro-rata share of the maintenance costs of Private Roads will be the total cost
of maintenance multiplied by said owner=s votes and divided by the total of all the owner=s votes
within the property. Each owner=s pro-rata share of the maintenance costs of Private Roads will be
due and owing to whichever other owner initiated the maintenance enforcement within 10(ten)days
of the said owner=s meeting. If not paid by that time,said initiating owner may file suit for the same
on behalf of the owners.
61
Notwithstanding the vote at the owner=s meeting,nothing in this Declaration of Restrictions
will be construed as denying any owner the right to see that the said road is maintained to Class
A standards,and any owner may require that the maintenance requirements be submitted to binding
arbitration under the rules and regulations of the American Arbitration Association(as governed by
the Revised Uniform Arbitration Act of North Carolina,North Carolina General Statutes Section 1-
569.1 et seq. as it may be from time to time amended)by notice mailed to all said record owners at
their last known addresses by registered or certified mail,return receipt requested,by 5:00 p.m. on
the second working day following the owners=meeting,unless such arbitration notice is sent,the
vote of the majority of the owners will be conclusive as to what maintenance is mandated by this
Declaration of Restrictions.
Article 4. The Private Roads located within said property may be dedicated to the public at
the election of a majority vote of the owners under the same procedure used in Article 3 for the
maintenance of said road. In that event,the owners and their successors in title and interest to any of
the property described herein will remain responsible for road maintenance as herein provided until
such time as the road dedicated is maintained by the North Carolina Department of Transportation or
other governmental body.
It is probably that future development of the property described in Article 1 will require
upgrading of the Private Roads providing access to the property described in Article 1 to either a
higher Private Roads standard or to North Carolina Department of Transportation standards. In the
event that Orange County or any other governmental body, as a condition to the approval of any
further subdivision of the property described in Article 1,may require Private Roads to be upgraded
above a Class A standard or publicly dedicated and constructed to Department of Transportation
standards, then in that event, Declarant and all persons taking title to the property described in
Article 1 will be responsible for maintenance and the costs ofmaintenance of the entire road system
to the new standard on the point system described in Article 3. Provided,however,that the initial
costs of constructing the road or any portion of the road to a higher Private Roads standard or to
Department of Transportation standards will be borne solely by the owners of the portion of said
property,the subdivision of which requires that the road or any portion of it be upgraded according to
the system described in Article 3. In the event public dedication of the Private Roads or any
extension of the Private Roads or portions thereof is required by Orange County,all persons taking
title to the aforesaid property from and through Declarant will dedicate to the public that portion of
the road require to be dedicated.
Article 5. In the event that extensions are made to the Private Roads within the aforesaid
property, or to other property, or for utility access to other property, the costs of maintaining the
entire road system will be borne by all the record owners of any property served by the entire road
system as set forth in Article 3;provided,however,that the initial costs of construction any extension
of the road will be borne solely by the owners of the portion of said property abutting said road
extension as they may agree,or if they do not agree,then among them by the same point system as
set out above.
Article 6. This Agreement will remain in full force and effect as to said road or any portion
62
thereof until such time as said road or any portion thereof will be taken over the North Carolina
Department of Transportation for maintenance purposes,and any portion of said road not so taken
over by the North Carolina Department of Transportation will remain subject to this Agreement.
Declarant accept all liability related to the use and maintenance of said road and agree to hold
Orange County and the State of North Carolina harmless from such liability. Declarant acknowledge
that some public services may not be provided to the lots abutting the Private Roadsdue to the private
nature of said road.
Article 7. This Agreement is to govern the maintenance of said road when subject to ordinary
use. If any owner liable under this agreement will cause any extraordinary wear and tear on said road
by building, well drilling, or other heavy use, said owner will be responsible to pay such
extraordinary cost of maintenance is not agreed between the owners at an owner=s meeting called
under the provisions of Article 3 above,the responsibility of said cost'will be subject to binding
arbitration as set out in Article 3 above.
Article 8. This Agreement will run with and be appurtenant to the land and will be binding
upon the heirs,successors,and assigns of each record owner of the aforesaid property. When used in
this Agreement,the singular will include the plural,the masculine will include the feminine and the
neuter, and vice versa,as the meaning may require.
IN WITNESS WHEREOF,Declarant has caused this instrument to be signed and sealed on
the day and year first written above.
16 Parkside Lane,LLC
By:
Danny Jones,Manager
NORTH CAROLINA
COUNTY
I certify that the following person(s)personally appeared before me this day,each acknowledging to
me that he or she signed the foregoing document:Danny Jones.
Witness my hand and official stamp or seal,this the day of 2013
Notary Public
Print Notary Name:
My Commission Expires:
63
NORTH CAROLINA
COUNTY
I,the undersigned Notary,certify that appeared before
me this day and acknowledged the execution of the foregoing instrument. Witness my hand and
official seal,this the day of . 2005.
My Commission Exp:
Notary Public
64
ANA
1VHCHAEL A.NEAL&ASSOCIATES,PLLC
ENGINEERS,SURVEYORS,AND PLANNERS
105 West Corbin Street,Suite 201
Hillsborough,North Carolina 27278
(919)644-1277 mneal@manaengineers.com
April 23,2014
Orange County Planning
131 W.Margaret Lane, Suite 201
P.O.Box 8181
Hillsborough,NC 27278
Attention: Michael D. Harvey AICP, CFO, CZO, Current Planning Supervisor-Planner III
Re:Response to Staff comments on the Triple Crown Farm Major Subdivision
Dear Mr. Harvey:
We received comments from you and your staff on the Triple Crown Major Subdivision. Below are the
comments and our responses:
GENERAL COMMENT: Staff strongly urges you to provide a separate survey,sheet, without
topographic contours, clearly identifying the limits of the project (i.e. proposed lots, roadways open
space, POSA, etc.) Likewise, you and your client should consider providing a separate sheet for Open
Space and Recreation. These additional sheets will make the plan easier to follow.
Response: Agreed. We have added Sheet 4: Recreation and Open Space and Sheet 5: Preliminary Lot
Exhibit and Sheet 6: Suitable Soils.
GENERAL COMMENT: On the plat we see references to a'CLASS A ROAD' being provided. I was
under the assumption, which may have been wrong, you were actually paved roads, 20 feet in width,
built to the State public road standard but were going to privately maintain them. Please clarify so I can
ensure my abstract is correct. If you are not proposing a'CLASS A ROAD'
as detailed within Section 7.8.4 of the UDO remove the reference.
Response: You are correct in that these will be built to public road standards. The label now reads
"Built to NCDOT Standards". Please see revised plans.
Cover Sheet(Sheetl)
a) Include site address as listed with Orange County PIN. (i.e. 906 Triple Crown Drive - PIN 9850-
91-0030) Response: These have been added to the Title Block on all sheets. Please see revised
Plans.
65
b) Remove legend from cover page. Response: We have included a Iegend on the Title Sheet I
and other sheets, where applicable.
c) Include Plan Sheet Index listing all plan sheets. Response: There is a Plan Sheet Index on the
Title Sheet 1.
d) Revise dates in the lower right corner to reflect this level of the progress. Dates listed mostly
reflect the Concept Plan review process. We need dates for revisions on all elements (i.e. date or
submittal - concept, revisions for our comments, revisions for Health, date of submittal
preliminary,revisions,etc.) Response: We have revised the dates to show the above referenced
milestones. The original Preliminary Concept Plan Submittal date is September 3. We made
revisions based on the Concept Plan Comments, Comments from the Health Department and
Staff Comments herein based upon Major Subdivision Plan Application. Please see revised
plans.
e) Include standard Solid Waste Note regarding the prohibition of on-site burning and LCID
materials - specifically note OC Solid Waste new number 5 reading as follows: 'Per Orange
County Solid Waste Ordinance, as well as the County Unified Development Ordinance,the open
burning and/or burial of trees, stumps, construction debris associated with land clearing and
development activities is prohibited'. Response: Please see Title Sheet, under Orange County
Solid Waste,Note 5.
f) Under the grading note(s) section, include language indicating tree protection and silt fencing
notes shall be installed. Response: We have added a note on the Title Sheet 1. Please see Title
Sheet, under Grading,Note 5.
g) Remove the "a" after such in Maintenance Notes 1.D. Response: We have removed the"a".
h) Include data tables for Primary/Secondary Open Space and Recreation on cover. Response:
Please see revised Sheets I and 4. The table has been added to Sheet 1: Title Sheet and Sheet 4:
Recreation and Open Space Sheet.
i) Under site information, specifically'stormwater'add the word'flood'to'Special Hazard Overlay'.
Make sure 'site information' is corrected everywhere on the submittal. Response: Please see
revised Sheet 1: Title Sheet and Sheet 3: Preliminary Plat Sheet.
j) Under General Notes - number 1 - the property does have floodplain. Revise the note
accordingly. Response: Noted and revised.
Site Analysis Sheet(Sheet 2)
As mentioned above, rework sheet (and possibly break out into multiple sheets to clearly identify
features such as flood plain, steep slopes, Open Space (Primary and Secondary), POSA, buffers,
setbacks, stream buffers, existing vegetation, suitable soil areas,and soil types. Response: Agreed. We
have added Sheet 4: Recreation and Open Space and Sheet 5: Preliminary Lot Exhibit. See Sheet 6:
Suitable Soils.
a. Label existing/proposed on and off-site roads. Response: Noted and revised.
66
Preliminary Plat Plan(Sheet 3)
a. Dimension Roundabout detail and entry feature. Also, identify any proposed encroachments.
Response: See Revised Sheet 3: Preliminary Plat.
b. Include zoning, uses and PINs on all adjacent properties. Response: We have added a general
note on Sheet 1: Title sheet, General Note 4 and on Sheets 3: Preliminary Plat and Sheet 5:
Preliminary Lot Exhibit that "all adjacent properties are residential uses, zoned Rural Buffer
(RB)." We have added the PINS along with N/F Owners on Sheet 3: Preliminary Plat and Sheet
5: Preliminary Lot Exhibit.
c. Dimension stream buffer from the flood plain. Response: Noted and revised.
d. Per UDO 7.13.2 Identify and quantify Open Space Primary and Secondary area (e.g. size and
type and applicable features within the area). Your 'Legend' does not provide a distinction
between 'Primary' and 'Secondary'. Use a different label feature for both and I think the
confusion is eliminated. Response: Noted and revised.
e. Recalculate/refine Recreation table, requirements and areas to Meet UDO Section 7.11.
Specifically, recalculate to include portions of site that fall under UDO Section 7.11.2(A) (1/20
per acre for steep slopes and Flood Hazard Areas - step slopes being over 15%). Response: This
table has been revised. See revised plans.
f. Cleary definite active and passive areas proposed to meet recreation requirements. We also need
a more definitive explanation on what rec is to be provided(i.e.narrative and/or notes explaining
how you meet Recreation Facilities Suitability outlined UDO Section 7.11.3(A-E). ). You
should also add language indicating you are going to do some form of payment in lieu rather
than create/develop major recreation facilities. We are under the opinion you are providing the
gazebo and garden as 'private amenities' and not dedicated rec space. If we are correct then there
will obviously be a payment in lieu with the denoted amenities being reserved for private use
(i.e. by triple crown farms residents only). Response: We are proposing a 50' Pedestrian Access
as shown that leads to natural area trails in the wooded areas along the creek. Trails as proposed
are 6' natural trails. The proposed recreational area around the roundabout may have a gazebo
and public picnic area for passive recreational use. As all proposed recreational space is private,
a payment in lieu of$455 per lot shall be made to the Chapel Hill Park District 8. A note to this
effect has been added to the Title Sheet 1 under General Notes. The Recreational Areas are
defined as Secondary Open Space,Passive Recreational Areas.
g. Provide typical setbacks for each lot (e.g. cul-de-sac typical, corner lot typical, normal lot
typical) in a note. Response: Noted. Typical setbacks are shown in a typical detail on Sheet 5:
Preliminary Lot Exhibit.
h. Provide a description and/or planting plan for major areas and the 30' wide roadside buffer.
Response: A note has been added to Sheet 1: Title Sheet under General Notes, Note 3
regarding the existing roadside buffer to remain, provided it is determined to meet the existing
ordinance. Please see revised Title Sheet.
i
67
Please resubmit eight (8) large sets of 24" x 36" plans; one (1) reduced 8.5" x 11" plan; and one
electronic copy (pdf sized to 11' x 17" or smaller) by April 25, 2014. Response: We are submitting
these for your review.
If you have any other questions, or if you need further clarification, please don't hesitate to call me at
(919) 644-1277.
Sincerely,
Michael A.Neal,PE
Attachment 2 - Vicinity Map
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Attachment 3 - Staff 69
Comments
ORAf\,fGE COUNITY
HEALTH DEPAR -
Improring!7ealth. Inspiring chancre.
April 22, 2014
SOIL/SITE Evaluation Summary for:
Triple Crown Farms
PIN: 9850910030
Map Date March 26, 2014
LOT# DESIGN FLOW SYSTEM TYPE
1 480-gpd Pump Conventional
2 480-gpd Pump Conventional
3 480-gpd Conventional
4 480-gpd Pump Conventional
5 480-gpd Pump Conventional
6 480-gpd Pump Conventional
7 480-gpd Pump Conventional
8 480-gpd Pump Conventional
9 480-gpd Conventional
10 480-gpd Conventional
11 480-gpd Pump Conventional
12 480-gpd Pump Conventional
13 480-gpd Ultra Shallow Trench Conventional
14 480-gpd Pump Conventional
15 480-gpd Pump Conventional
16 480-gpd Pump Conventional
17 480-gpd Pump Conventional
18 480-gpd Conventional
19 480-gpd Conventional
20 480-gpd Pump Conventional
919 245 2360 131 west Margaret Lane, Suite 100 )0- Hillsborough, NC 27278 o rang ecountync.gov
70
NOTES
The design flow is based upon the number of bedrooms applied for by the property owner or
developer. The design flow for a bedroom is 120 gallons/day (gpd). (e.g. 600 gpd = 5 bedrooms)
Proposed house locations were not provided by the property owner or developer as required by
15A NCAC 18A .1900 - .1970 (The Laws and Rules for Sewage Treatment and Disposal
Systems).
The design flow, type system, and pump requirement are subject to change based upon the
application and site plan or plat submitted for the Wastewater Construction Authorization.
The blocked areas on the accompanying plat are the limits of the provisionally suitable soils as
evaluated by the Orange County Health Department.
It should be noted that all lots having a conventional-type drain field with pump are reviewed at a
minimum of every five years by the health department as required by 15A NCAC 18A .1961
(Maintenance of Sewage Systems).
Ultra Shallow Trench Conventional Systems are placed in areas with 24 inches or more of
provisionally suitable soil/site characteristics and a 6-10" soil cap is placed over the trenches.
Shallow Trench Conventional Systems are placed in areas with 30 inches or more of provisionally
suitable soil/site characteristics.
Conventional Trench Systems are placed in areas with 36" inches or more of provisionally
suitable soil/site characteristics.
Innovative Trench Systems can be used in areas with 24-36 "of provisionally suitable soil/site
characteristics.
The approved septic areas should be kept free of vehicular traffic, logging, grading, and
compacting activities. It is the responsibility of the property owner or developer to maintain the
integrity of the septic areas prior to system construction and installation. No parking, cutting or
filling shall be allowed in or around the drain field areas.
Drainage ways and easements should be utilized to convey storm water run-off to the storm
water retention areas. These conveyances should not be located through designated septic drain
field areas.
This report is for planning purposes only and does not constitute any approval. Lot approval is
granted by the health department only in the form of an Improvement Permit. Improvement
Permits are issued once the lots are recorded and have received individual Parcel Identification
Numbers.
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72
MEMORANDUM
TO: D.MICHAEL KELLY,PLANNING TECHNICIAN,ORANGE COUNTY CURRENT PLANNING DIVISION
FROM: JEFF SCOUTEN,ORANGE COUNTY SOLID WASTE MANAGEMENT
SUBJECT: APRIL 17,2014
DATE: TRIPLE CROWN FARMS-PRELIMINARY PLAT REVIEW COMMENTS -PLANS DATED 9/3/13 AND
REVISED THROUGH 3/26/14
I have completed my review of the subject plans and the following comments must be satisfactorily
addressed before I can offer my recommendation for approval:
• Solid Waste Management Plan — This document must be completed and returned to me for
review and approval.
• Plan Sheet 3 (Preliminary Plat Plan) — The radii for both of the proposed cul-de-sacs must be a
minimum of 33' to edge of pavement to allow recycling/garbage collection trucks to turn around.
The plan shows that the radii are 50.0' but I believe that is measured to the R-O-W/property lines
and not EP. Note that the Fire Marshal may require a different (or larger) radius but the larger
between the two of us will prevail.Please show the radii to EP on the plan.
• General Comment—Garbage collection for this project will be by private contractor(same as in
first phase) and recycling collection will be eligible for Orange County Community Recycling's
Rural (curbside) Route (first phase is currently on this route). The applicantlowner will have to
contact Orange County Community Recycling's supervisor (Kristina Witosky, 919-968-2788 x
224)to request service.
Thank you for the opportunity to review this plan and please do not hesitate to contact me with any
questions or to discuss this matter further.
73
Orange County
' •: Emergency Services
a
510 Meadowlands Drive
Hillsborough,NC 27278
919.245.6100
April 23,2014
To: 16 Parkside Lane,LLC
2807 Homestead Rd, Chapel Hill,NC 27516
From: Jason B. Shepherd, Orange County Fire Marshal 3'0
Re: Water Point for Triple Crown Subdivision
To Whom It May Concern:
An approved alternative water source must be provided within the new subdivision proposed to
be located on Dairyland Road and Triple Crown Drive. The recommended location would be in
the primary open space of Buckfork creek between Lot#19,Lot#17 and Dairyland Road.
This water source must be certified by a registered professional engineer or soil conservationist
that the water source will provide a minimum of 30,000 gallons of usable firefighting water
and/or be able to deliver a minimum of 250 gallons of water per minute for no less than a two (2)
hour duration during a drought with an average 50-year frequency. An all-weather driving
surface capable of supporting the imposed loads of a 40,0001bs. fire pumper must be provided to
ensure year-round accessibility.
The developer shall obtain a written statement signed by the owner of any private suction water
supply point, authorizing its use by the fire department for emergency firefighting use and at least
quarterly maintenance back flushing performed by the fire department along with any water
supply training deemed necessary by the fire chief.
Additionally, a posted and approved reflective sign shall be erected at the location that is visible
in both directions for a minimum of 200 feet and the diameter of the cul-de-sac shall be a
minimum of Res�eut
Jason B. Shepherd
Orange County Fire Marshal
Cc: Orange County Planning and Inspection Department
Orange Grove Fire Department
14 P!pared, Coopdihated, a«d Iilteg�atecl Eiraeigelzcy Services System
Twitter tt ocncemergency
74
Michael Harvey
From: Janine Schreyack <janine @manaengineers.com>
Sent: Monday,April 28,2014 10:38 AM
To: Patrick R. Mallett
Cc: Michael A Neal; Michael Harvey
Subject: RE:Triple Crown Comments
Mr. Mallett:
For the stormwater management Ian stabilization under NCG01 there is
a 7 14 day stabilization required g p / Y q ed per NCDENR
depending upon the site area description. We have revised Note 2 under the Grading Notes on Sheet 1: Title Sheet to
reflect this. Under the Grading comments on the Title Sheet of the plans we mention a pre-construction meeting.
We acknowledge that a stormwater management plan and sediment and erosion control plan will need to be included
as well as 401/404 Permits obtained if the threshold is met during the construction design phase.
Thanks.
Janine Schreyack, PE
Michael A. Neal&Associates, PLLC
105 W. Corbin Street,Suite 201
Hillsborough, NC 27278
919-644-1277
From: Michael A Neal [mailto:mneal@manaengineers.com]
Sent: Monday, April 28, 2014 9:46 AM
To: Janine Schreyack
Subject: FW: Triple Crown Comments
-----Original Message-----
From: Patrick R. Mallett [ma i Ito:pmaIlett(ftranoecountync.Qov]
Sent: Monday,April 28, 2014 9:36 AM
To: Michael A Neal
Cc: Michael Harvey; Steve J Kaltenbach; Wesley Poole
Subject: FW:Triple Crown Comments
Michael,
See the comments below from Erosion Control. Please feel free to coordinate with Wes and Steve as needed desired.
Very Respectfully,
Patrick R. Mallett, Planner II
Orange County Planning& Inspections Department
1
75
Phone: (919)245-2577
Fax: (919)644-3022
E-mail: pmallett@orangecountync.gov
Orange County Planning Website: http://www.orangecountVnc.gov
Address:
131 W. Margaret Lane,Suite 201
P.O. Box 8181
Hillsborough, NC 27278
QRtNG ,`:'� :AUNTY
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record
and may be disclosed to third parties.
From: Steve J Kaltenbach
Sent: Monday, April 28, 2014 9:21 AM
To: Patrick R. Mallett
Cc: Wesley Poole
Subject: Triple Crown Comments
Patrick,
On Sheet 1 Grading:
2. DENR 7-14 day time frame for stabilization needs to be referenced.
3. Project will require pre-construction conference.
The project will need an erosion control and storm water plan.
If the threshold of 150 linear feet is reached for the stream crossings they will need to acquire 404/401 permits from
the ACE& DWR.
Steve Kaltenbach
Orange County Planning and Inspections Division
919-245-2588
2
Attachment 4 - Part 1 - Fisical Impact Anlaysis Orange County Schools
76
RESIDENTIAL FISCAL IMPACT TEMPLATE: SERVICE STANDARD METHOD
Bureau of Economic&Business Research -University of Florida
Modified 06106114-Orange County, NC Planning Department
SECTION 1 - PROJECT DATA: ENTER THE FOLLOWING DATA FOR EACH PROJECT:
PROJECT: Triple Crown Farms
TOWNSHIP: Bingham/Chapel Hill
CONSTRUCTION PERIOD: 2015-2018
Beginning Year 2015
Ending Year: 2018
Inflation Rate: 2.00%
CHARACTERISTICS OF HOUSEHOLDS:
Persons/House: ENTER"1" BESIDE APPLICABLE SCHOOL DISTRICT BELOW. 2.47
Children/House: ENTER"1" BESIDE APPLICABLE SCHOOL DISTRICT BELOW. 0.38
% Non-Elderly: 70.00%
HOME SALES DATA:
Average Distribution
Number of Sales Price of Units
Year Homes ($) by Year
2015 0 600,000 0.00%
2016 2 600,000 33.33%
2017 2 600,000 33.33%
2018 2 600,000 33.33%
SCHOOL DISTRICT DATA: ENTER"1" IN ( ) BESIDE SCHOOL DISTRICT IN WHICH PROJECT IS TO
LOCATED TO GENERATE STUDENT DISTRIBUTION BY SCHOOL TYPE.
School District: School Attendance:
Orange County 1 ) Elementary School 46%
Middle School 23%
Chapel Hill-Carrboro ( 0 ) High School 31%
SECTION 2 -LOCAL GOVERNMENT AND SCHOOL DISTRICT DATA
BUDGET YEAR: 2013-2014
COUNTY POPULATION: (NC Demo) 2013 US Census Population Estimate 140352
SCHOOL DISTRICT STUDENT POPULATION 2013-2014 District Enrolement (Actual) 12129
COUNTY EMPLOYMENT: POSITIONS PER CAPITA
General Services, Governing, and Management 174 0.0012
Public Safety 265 0.0019
Community & Environment+ Culture& Recreation 96 0.0007
Human Services 290 0.0021
Education (School District) 1,900 0.0135
SCHOOL DISTRICT EMPLOYMENT: POSITIONS PER STUDENT
Total 1,900 0.1566
COUNTY PER CAPITA REVENUES ($): REVENUES PER CAPITA
Taxes-Other Than Property 17,728,451 126.31
Intergovernmental 18,763,614 133.69
Charges for Service 9,778,978 69.67
7
Miscellaneous 1,663,673 11.85
COUNTY PER CAPITA EXPENDITURES ($):. EXPENDITURE PER CAPITA
General Services, Governing, and Management 19,761,677 140.80
Public Safety 18,973,569 135.19
Community& Environment+ Culture & Recreation 8,402,495 59.87
Human Services 33,623,165 239.56
Education (Recurring Capital) 3,000,000 21.37
Non-Departmental 36,682,373 261.36
COUNTY PER EMPLOYEE EXPENDITURE ($): EXPENDITURE PER EMPLOYEE
General Services, Governing, and Management 19,761,677 113572.86
Public Safety 18,973,569 71598.37
Community& Environment+ Culture& Recreation 8,402,495 87525.99
Human Services 33,623,165 115941.95
Education (Recurring Capital) 3,000,000 1578.95
SCHOOL DISTRICT PER STUDENT EXPENDITURES ($): EXPENDITURE PER STUDENT
County Government 9,088,153 749.29
School District 3,263,999 269.11
State& Federal 45,528,717 3753.71
SCHOOL DISTRICT PER EMPLOYEE EXPENDITURES ($): EXPENDITURE PER EMPLOYEE
County Government 9,088,153 4783.24
School District 3,263,999 1717.89
State 45,528,717 23962.48
TAX DATA: ENTER APPLICABLE ASSESSMENT RATIO AND ELDERLY EXEMPTION:
County Tax Rate ($) 0.8590 Per$100 Assessed Valuation
School District Tax Rate ($) includes district tax rate None Per$100 Assessed Valuation
Assessment Ratio 100.00
Elderly Exemption 0 $11,000 Where Applicable
SECTION 3 - DEMOGRAPHIC PROJECTIONS BASED ON PROJECT DATA
YEAR 2015 2016 2017 2018
HOUSING UNITS 0 2 4 6
POPULATION 0 5 10 15
SCHOOL CHILDREN
Elementary 0.00 0.35 0.70 1.05
Middle 0.00 0.17 0.35 0.52
High School 0.00 0.24 0.47 0.71
TOTAL 0 1 2 2
COUNTY GOVERNMENT
ADDITIONAL EMPLOYEES
General Government 0.00 0.01 0.01 0.02
Public Safety 0.00 0.01 0.02 0.03
Public Works 0.00 0.00 0.01 0.01
78 .
Human Services 0.00 0.01 0.02 0.03
TOTAL 0.00 0.03 0.06 0.09
SCHOOL DISTRICT 0.00 0.07 0.13 0.20
ADDITIONAL EMPLOYEES
SECTION 4- PROJECTED FISCAL IMPACT OF PROJECT ON COUNTY GOVERNMENT
YEAR 2015 2016 2017 2018
TAX BASE ($1000) 0 1200 2424 3672
REVENUES ($)
Property Tax 0 10308 20822 31547
Other Taxes 0 636 1298 1948
Intergovernmental 0 674 1374 2061
Service Charges 0 351 716 1074
Miscellaneous 0 60 122 183
TOTAL ($) 0 12029 24333 36813
EXPENDITURES ($)
General Government 0 709 1447 2171
Public Safety 0 681 1390 2084
Public Works 0 302 615 923
Human Services 0 1207 2463 3694
Education 0 689 1405 2107
Non-Departmental 0 1317 2687 4030
TOTAL ($) 0 4905 10006 15009
NET FISCAL IMPACT ($) 0 7124 14327 21804
SECTION 5 - PROJECTED FISCAL IMPACT OF PROJECT ON SCHOOL DISTRICT
YEAR 2015 2016 2017 2018
REVENUES ($)
County 0 689 1405 2107
School District 0 360 727 1102
State 0 2910 5936 8904
TOTAL ($) 0 3958 8068 12113
EXPENDITURES ($)
County 0 689 1405 2107
School District 0 209 426 638
State 0 2910 5936 8904
■
9
TOTAL($) 0 3807 7766 11650
NET FISCAL IMPACT ($) 0 151 302 463
SECTION 6 -SUMMARY OF PROJECTED DEMOGRAPHIC/FISCAL IMPACTS
YEAR 2015 2016 2017 2018
HOUSING UNITS 0 2 4 6
POPULATION 0 5 10 15
SCHOOL CHILDREN
Elementary 0 0 1 1
Middle 0 0 0 1
High School 0 0 0 1
TOTAL 0 1 2 2
COUNTY EMPLOYEES 0.00 0.03 0.06 0.09
SCHOOL EMPLOYEES 0.00 0.07 0.13 0.20
TAX BASE ($1000) 0 1200 2424 3672
COUNTY BUDGET ($)
Revenues 0 12029 24333 36813
Expenditures 0 4905 10006 15009
BALANCE 0 7124 14327 21804
SCHOOL DISTRICT BUDGET ($)
Revenues 0 3958 8068 12113
Expenditures 0 3807 7766 11650
BALANCE 0 151 302 463
COMBINED BUDGETS ($)
Revenues 0 15987 32401 48926
Expenditures 0 8712 17772 26659
BALANCE 0 7275 14628 22267
SECTION 7 -SUMMARY OF PROJECTED PUBLIC SCHOOL CAPACITY IMPACTS
SCHOOL DISTRICT DATA:
School District: School Attendance:
Orange County YES ) Elementary School 46%
Middle School 23%
Chapel Hill-Carrboro NO ) High School 31%
YEAR 2015 2016 2017 2018 2019
SCHOOL CHILDREN
Elementary 0 0 1 5 5
Middle 0 0 0 3 3
High School 0 0 0 4 4
TOTAL 0 1 2 11 11
SCHOOL CAPACITIES -ALL SCHOOLS CURRENT ENROLLMENT -ALL SCHOOLS
Elementary 5244 Elementary 5543
Middle 2840 Middle 2785
o -
High School 3875 1 High School 3796
TOTAL 119591 TOTAL 12124
YEAR 2008-09 2009-10 2010-11 2011-12 2012-13
PROJECTED ENROLLMENT
Elementary 3165 3,211 3285 3,348 3,403
Middle 1601 1,655 1698 1,704 1,684
High School 2242 2,217 2222 2,283 2,315
TOTAL 7008 7,083 7205 7,335 7,402
Attachment 4 - Part 2 - Fiscal Impact Analysis Chapel Hill/Carrboro City Schools = 81
RESIDENTIAL FISCAL IMPACT TEMPLATE: SERVICE STANDARD METHOD
Bureau of Economic&Business Research -University of Florida
Modified 10131113 -Orange County, NC Planning Department
SECTION 1 -PROJECT DATA: ENTER THE FOLLOWING DATA FOR EACH PROJECT:
PROJECT: Triple Crown Farms
TOWNSHIP: Bingham/Chapel Hill
CONSTRUCTION PERIOD: 2015-2018
Beginning Year: 2015
Ending Year: 2018
Inflation Rate: 2.00%
CHARACTERISTICS OF HOUSEHOLDS:
Persons/House: ENTER 1" BESIDE APPLICABLE SCHOOL DISTRICT BELOW, 2.56
Children/House: ENTER 1" BESIDE APPLICABLE SCHOOL DISTRICT BELOW. 0.60
% Non-Elderly= 70.00%
HOME SALES DATA:
Average Distribution
Number of Sales Price of Units
Year Homes ($) by Year
2015 2 600,000 14.29%
2016 4 600,000 28.57%
2017 4 600,000 28.57%
2018 4 600,000 28.57%
SCHOOL DISTRICT DATA: ENTER"1" IN ( ) BESIDE SCHOOL DISTRICT IN WHICH PROJECT IS TO
LOCATED TO GENERATE STUDENT DISTRIBUTION BY SCHOOL TYPE.
School District: School Attendance:
Orange County 0 ) Elementary School 46%
Middle School 23%
Chapel Hill-Carrboro ( 1 ) High School 31%
SECTION 2 -LOCAL GOVERNMENT AND SCHOOL DISTRICT DATA
BUDGET YEAR: 2013-2014
COUNTY POPULATION: (NC Demo) 2013 US Census Population Estimate 140352
SCHOOL DISTRICT STUDENT POPULATION 2013-2014 District Enrolement (Actual) 12129
COUNTY EMPLOYMENT: POSITIONS PER CAPITA
General Services, Governing, and Management 174 0.0012
Public Safety 265 0.0019
Community& Environment+ Culture &Recreation 96 0.0007
Human Services 290 0.0021
Education (School District) 1,900 0.0135
SCHOOL DISTRICT EMPLOYMENT: POSITIONS PER STUDENT
Total 1,900 0.1566
COUNTY PER CAPITA REVENUES ($): REVENUES PER CAPITA
Taxes-Other Than Property 17,728,451 126.31
Intergovernmental 18,763,614 133.69
Charges for Service 9,778,978 69.67
Miscellaneous 1,663,673 11 85 2
COUNTY PER CAPITA EXPENDITURES ($): EXPENDITURE PER CAPITA
General Services, Governing, and Management 19,761,677 140.80
Public Safety 18,973,569 135.19
Community& Environment+ Culture & Recreation 8,402,495 59.87
Human Services 33,623,165 239.56
Education (Recurring Capital) 3,000,000 21.37
Non-Departmental 36,682,373 261.36
COUNTY PER EMPLOYEE EXPENDITURE ($): EXPENDITURE PER EMPLOYEE
General Services, Governing, and Management 19,761,677 113572.86
Public Safety 18,973,569 71598.37
Community & Environment+ Culture & Recreation 8,402,495 87525.99
Human Services 33,623,165 115941.95
Education (Recurring Capital) 3,000,000 1578.95
SCHOOL DISTRICT PER STUDENT EXPENDITURES ($): EXPENDITURE PER STUDENT
County Government 38,368,205 3163.34
School District 19,470,218 1605.26
State & Federal 65,857,912 5429.79
SCHOOL DISTRICT PER EMPLOYEE EXPENDITURES ($): EXPENDITURE PER EMPLOYEE
County Government 38,368,205 20193.79
School District 19,470,218 10247.48
State 65,857,912 34662.06
TAX DATA: ENTER APPLICABLE ASSESSMENT RATIO AND ELDERLY EXEMPTION:
County Tax Rate ($) 0.8590 Per$100 Assessed Valuation
School District Tax Rate ($) includes district tax rate 0.2084 Per$100 Assessed Valuation
Assessment Ratio 100.00
Elderly Exemption 0 $11,000 Where Applicable
SECTION 3 -DEMOGRAPHIC PROJECTIONS BASED ON PROJECT DATA
YEAR 2015 2016 2017 2018
HOUSING UNITS 2 6 10 14
POPULATION 5 15 26 36
SCHOOL CHILDREN
Elementary 0.55 1.66 2.77 3.88
Middle 0.28 0.83 1.39 1.94
High School 0.37 1.12 1.87 2.62
TOTAL 1 4 6 8
COUNTY GOVERNMENT
ADDITIONAL EMPLOYEES
General Government 0.01 0.02 0.03 0.04
Public Safety 0.01 0.03 0.05 0.07
Public Works 0.00 0.01 0.02 0.02
3
Human Services 0.01 0.03 0.05 0.07
TOTAL 0.03 0.09 0.15 0.21
SCHOOL DISTRICT 0.07 0.21 0.35 0.49
ADDITIONAL EMPLOYEES
SECTION 4-PROJECTED FISCAL IMPACT OF PROJECT ON COUNTY GOVERNMENT
YEAR 2015 2016 2017 2018
TAX BASE ($1000) 1200 3624 6096 8618
REVENUES ($)
Property Tax 10308 31130 52369 74032
Other Taxes 647 1979 3364 4710
Intergovernmental 684 2095 3561 4985
Service Charges 357 1092 1856 2598
Miscellaneous 61 186 316 442
TOTAL($) 12057 36481 61465 86767
EXPENDITURES ($)
General Government 721 2206 3750 5250
Public Safety 692 2118 3601 5041
Public Works 307 938 1595 2232
Human Services 1227 3753 6381 8933
Education 3924 12009 20415 28581
Non-Departmental 1338 4095 6961 9746
TOTAL ($) 8209 25119 42702 59783
NET FISCAL IMPACT ($) 3848 11362 18763 26985
SECTION 5-PROJECTED FISCAL IMPACT OF PROJECT ON SCHOOL DISTRICT
YEAR 2015 2016 2017 2018
REVENUES ($)
County 3924 12009 20415 28581
School District 2501 7552 12705 17961
State 6548 20038 34064 47690
TOTAL($) 12974 39599 67184 94232
EXPENDITURES ($)
County 3924 12009 20415 28581
School District 1936 5924 10071 14099
State 6548 20038 34064 47690
4
TOTAL ($) 12409 37971 64550 90370
NET FISCAL IMPACT ($) 565 1628 2634 3862
SECTION 6 -SUMMARY OF PROJECTED DEMOGRAPHIC/FISCAL IMPACTS
YEAR 2015 2016 2017 2018
HOUSING UNITS 2 6 10 14
POPULATION 5 15 26 36
SCHOOL CHILDREN
Elementary 1 2 3 4
Middle 0 1 1 2
High School 0 1 2 3
TOTAL 1 4 6 8
COUNTY EMPLOYEES 0.03 0.09 0.15 0.21
SCHOOL EMPLOYEES 0.07 0.21 0.35 0.49
TAX BASE ($1000) 1200 3624 6096 8618
COUNTY BUDGET ($)
Revenues 12057 36481 61465 86767
Expenditures 8209 25119 42702 59783
BALANCE 3848 11362 18763 26985
SCHOOL DISTRICT BUDGET ($)
Revenues 12974 39599 67184 94232
Expenditures 12409 37971 64550 90370
BALANCE 565 1628 2634 3862
COMBINED BUDGETS ($)
Revenues 25030 76080 128650 180999
Expenditures 20617 63089 107252 150153
BALANCE 4413 12991 21398 30846
SECTION 7 -SUMMARY OF PROJECTED PUBLIC SCHOOL CAPACITY IMPACTS
SCHOOL DISTRICT DATA:
School District: School Attendance:
Orange County NO ) Elementary School 46%
Middle School 23%
Chapel Hill-Carrboro YES ) High School 31%
YEAR 2015 2016 2018
SCHOOL CHILDREN
Elementary 1 2 3 5 5
Middle 0 1 1 3 3
High School 0 1 2 4 4
TOTAL 1 4 6 11 11
SCHOOL CAPACITIES -ALL SCHOOLS CURRENT ENROLLMENT-ALL SCHOOLS
Elementary 5244 Elementary 5543
Middle 2840 Middle 2785
5
High School 3875 1 High School 3796
TOTAL 119591 TOTAL 12124
YEAR 2010 2011 2012 2013 2014
PROJECTED ENROLLMENT
Elementary 5389 5,541 5654 5,554 5,647
Middle 2772 2,833 2902 2,858 2,906
High School 3732 3,789 3878 3,764 3,827
TOTAL 11893 12,163 12434 12,176 12,380
86
Attachment 5
Neighborhood Information Meeting
Triple Crown Farms
Dairyland Road (PIN 9850-91-0030)
West Campus Office Building - 131 West Margaret Lane
October 3, 2013 — 12:00 p.m. to 1:00 p.m.
There were 16 people in attendance in addition to the applicant's agent (Mike Neal from
MANA and Associates) and planning staff.
Staff reviewed the Major Subdivision Concept Plan application review process, including
the need to submit a Conventional and Flexible Development subdivision layout for review,
and reviewed the physical composition of the subject property.
Staff informed those in attendance the applicant, 16 Parkside Lane LLC, had voluntarily
chosen to submit just a flexible development layout as allowed by the UDO.
Staff informed those in attendance of the meeting scheduled by the Planning Board to
begin the review of the proposed subdivision on November 6, 2013.
Once the Concept Plan is approved the applicant shall have 2 years to submit a
Preliminary Plat application package for action by the County. Staff reviewed the process
associated with the review of a Preliminary Plat application.
The applicant's agent, Mr. Mike Neal, reviewed the basic elements of the proposal as
follows:
• Development of a 20 lot single-family residential subdivision, each lot approximately 2
acres in area, on a 104 acre parcel of property located off Dairyland Road.
• The lots are intended to be served by individual well and septic systems,
• Access to the project will be from public roads as denoted on the plan. The main
roadway would be Triple Crown Drive, an existing roadway about to be accepted for
maintenance purposes by the State.
• Internal roadways serving the project are proposed to be constructed to applicable
public road standards, with the eventual goal that they will be turned over to the North
Carolina Department of Transportation for perpetual maintenance upon completion,
• The overall density of the proposed subdivision is 1 dwelling unit for every 5 acres of
property.
• The project will involve the preservation of 36 acres of land area as open space.
• The project will involve numerous stream crossings, each of which will have to be
permitted by local and State agencies.
Comment(s): Concerns were expressed about the stream crossings and over potential
environmental impact.
Answer. (Mike Neal) Specific designs on these stream crossings would be addressed at
the permitting stage with local and State review. Mr. Neal indicated these crossings would
87
be built to applicable design guidelines to avoid unnecessary runoff/safety issues while at
the same time minimizing the overall impact on the local environment.
Question: An adjacent property owner indicated there was a beaver dam that had caused
a pond to be created both on her and the subject property. The property owner asked
what the developer intended to do about the dam, indicating she liked the pond on her
property and did not want it eliminated.
Answer. (Mike Neal) The physical location of the dam is on the subject property and the
property owner had a legal right to eliminate it as it represented a long term liability issue
for him. This could be done regardless of the subdivision application process currently
under review.
There were 9 eneral comments made about preserving local wildlife.
Question: An attendee asked why the project needed to develop so many lots? Given
the environmental constraints in the area why can't you just have lots that are 5 acres in
area and lower the overall impact of the project?
Answer. (Mike Neal) The number of lots is consistent with established density and lot area
regulations as detailed within the UDO and established planning documents. All existing
floodplain will be preserved in dedicated open space areas and the proposed stream
crossings will be in accordance with applicable development standards.
Question: Is there an opportunity to reduce the speed limit on Dairyland Road? There is
a real problem with drivers currently speeding along the roadway and new development
will only exacerbate the problem.
Answer. (Mike Neal) That is a NC DOT decision and the developer can do nothing about
the speeding issue along a State maintained roadway.
Question: Can the homeowners association for Triple Crown somehow stop the
developer from using Triple Crown Drive as their means of accessing this project?
Answer. (Mike Neal) No. Triple Crown Drive is slated to be accepted by NC DOT for
maintenance purposes. The developer has the right to use the road to access the project.
This right is also spelled out in the original deed for the roadway when it was transferred
into the ownership of the Triple Crown homeowners association.
There was additional discussion on the use of Triple Crown Drive and the issues between
the residents of Triple Crown and the developer.
Question: Can the County require the culverts installed on the property to allow stream
crossings be large enough to allow for wildlife to pass through?
Answer. (Staff) No. That would not be practical given the existing grade of property
around the denoted stream crossing areas. To do that would result in unnecessary
grading requiring the possible relocation of streams having a greater impact on the local
environment.
88
Comment: Any time you develop in this area you potentially create water quality issues.
Answer. (Mike Neal) I understand. We are taking several precautions with respect to
roadway locations, stream buffer crossings, and proposed stormwater features to address
this issue.
Question: Why is there a 100 foot building setback denoted on the plan?
Answer. (Staff) The Ordinance requires a 100 foot building setback along the perimeter of
the property. This means no structure (i.e. house, shed, etc.) can be located in this area.
Question: So this means there cannot be a house built right on my property line?
Answer. (Staff) No structure can be erected within the 100 foot building setback area
denoted on the concept plan.
Question: This property was considered previously for a subdivision a long time ago.
During the review of that concept plan I seem to remember more area was designated as
being encumbered by floodplain at that time. When did the floodplain boundaries change?
Answer. (Staff) In 2007 the County adopted new floodplain maps. Portions of the property
were removed from the floodplain which is why you see a difference.
Comment: This is too much development in the University Lake watershed and the scope
of the project needs to be reduced.
Question: Who will maintain or control the open space?
Answer. (Mike Neal) A local homeowners association.
Question: What impervious surface limit will the project be held to?
Answer. (Staff) The project will be held to a 6% impervious surface limit in accordance
with the provisions of the UDO.
Question: What opportunity is there to require additional impervious surface be
transferred from this project to the adjoining subdivision? There is a real problem with the
limitations currently imposed on adjoining property owners, who are part of an earlier
project built by the same developer as Triple Crown Farms, and the developer needs to
address this discrepancy.
Answer. (Staff) The County cannot mandate the developer transfer additional impervious
surface to existing properties to the east of this project even if they are being developed by
the same individual and were once part of the same property. Impervious surface limits for
Triple Crown have already been established. If the developer chooses to transfer
impervious surface area there is a process he can go through to do that but it cannot be
required or mandated by the County because he is now looking to subdivide this parcel of
property.
There was additional discussion with respect to the impervious surface issues for the
Triple Crown project.
89
Question: How big will the houses be?
Answer. (Mike Neal) They will be comparable with surrounding houses but I do not know if
a decision with respect to their ultimate size has been made.
90
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning �4e° ��4,b 131 W. Margaret Lane
(919) 245-2575 t -: Suite 201
(919) 644-3002 (FAX) 17 5E, 52 P. O. Box 8181
www.orangecountync.gov Hillsborough, NC 27278
MOM
i. ® AW !R
September 23, 2012
Dear Property Owner:
Section 2.15.2 (D) of the Orange County Unified Development Ordinance requires notification of
landowners within five hundred feet 500' of a proposed subdivision of more than five new lots t b
( ) p p y
first class mail at least ten days prior to the date of the meeting.
The following Neighborhood Information Meeting has been scheduled to present a Concept
Plan for a subdivision near your property to address subdivision regulation requirements:
Date: Thursday, October 3, 2013
Time: 12:00 to 1:00 p.m.
Place: Ground Floor Conference Room
131 West Margaret Lane
Hillsborough, North Carolina 27278
The Triple Farms Crown Subdivision Summary
The property is located in Chapel Hill Township on the west side of Dairyland Road, west of the
intersection of Dairyland Road and Old NC 86, as shown on the enclosed vicinity map. The
developer, 16 Parkside Lane, LLC, proposes to develop twenty lots on a parcel containing some
104 acres. The property is zoned RB (Rural Buffer), University Lake Protected Watershed. All
lots will have individual well and septic systems.
The purpose of the Neighborhood Information Meeting is to provide an opportunity for you to ask
questions about the proposed development plan. At the meeting, the Orange County Planning
Department staff will describe the subdivision review process and answer questions regarding the
land subdivision process. After the Neighborhood Information Meeting, the Planning Board will
review the Concept Plan. The next Planning Board meeting is scheduled for November 6, 2013
at 7:30 p.m. in the131 West Margaret Lane Ground Floor Conference Room. You may also
attend the Planning Board meeting to ask questions.
Please refer to the enclosed map and contact the Orange County Planning Department if you
need additional information. A staff member may be reached at 919 245 2575.
91
Attachment 6—Excerpt of
1 Approved November 6, 2013
2 Planning Board Minutes
3
4
5 MINUTES
6 ORANGE COUNTY PLANNING BOARD
7 NOVEMBER 6,2013
8 REGULAR MEETING
9
10
11 MEMBERS PRESENT: Peter Hallenbeck(Chair), Cheeks Township Representative; Lisa Stuckey, Chapel Hill Township
12 Representative; Maxecine Mitchell, At-Large Bingham Township; Tony Blake, Bingham Township Representative;
13 James Lea, Cedar Grove Township Representative; Paul Guth rie At-Large Chapel
Hill Township; Buddy Hartley,,
14 Little River Township Representative;
15
16
17 MEMBERS ABSENT: Johnny Randall, At-Large Chapel Hill Township;. Andrea Rohrbacher, At-Large Chapel Hill
18 Township; Stephanie O'Rourke, Eno Township Representative; Herman Staats, At-Large, Cedar Grove Township;
19 Vacant-Hillsborough Township Representative;
20
21
22 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz,
23 Special Projects Coordinator; Ashley Moncado, Special Projects Planner; Jennifer Leaf, Planner I; Tina Love,
24 Administrative Assistant II
25
26
27 OTHERS PRESENT: Danny Jones; Michael Neal; Pam Jones; Laney Jones; Harrison Jones; Chris Hagenberger; Dean
28 Shangler;Janine Schreyack; Patti Szogas
29
30
31 Agenda Item 7: Major Subdivision Concept Plan-To review and make a decision on a major subdivision
32 concept plan application(Triple Crown Farms), located off Dairyland Road.
33 Presenter: Jennifer Leaf, Planner I and Michael Harvey,Current Planning Supervisor
34
35 Michael Harvey: Reviewed the synopsis of the cadence with respect to review of a major subdivision on page 22 of
36 the abstract.
37
38 Jennifer Leaf: Reviewed abstract.
39
40 Paul Guthrie: Does the runoff go to Morgan Creek?
41
42 Mike Neal: I believe it does go into Morgan Creek. I will have to check to be sure.
43
44 Paul Guthrie: Is there any determination on how this development will affect the water flow into Morgan Creek or
45 Phil's Creek and will that have any effect on the supply capacity to University Lake?
46
47 Michael Harvey: It is always good to bring these issues up at concept plan so the applicant and staff can think
48 about it. My honest answer is based on the preliminary stormwater designs for the project, we don't anticipate any
49 problem with respect to compliance with our code. We do not anticipate a higher increased level of water flow
50 beyond what can be handled as the result of this development. We also don't anticipate a flow problem as far as
51 water supply issues. The applicant can provide guidance on that when we get to the preliminary plat stage but we
52 don't see any issues in talking with Orange County Erosion Control Stormwater management.
53
54 Paul Guthrie: I assume the conversations will blossom and will include OWASA.
55
92
56 Michael Harvey: Typically, there is not a conversation with OWASA concerning water flow or management; that is
57 obviously the purview of the stormwater manager of Orange County. OWASA is not a required primary partner
58 related to the review of a subdivision project. If you would like for the planning staff to have that conversation with
59 OWASA, I don't see a reason why we could not do that.
60
61 Paul Guthrie: At some point it might be appropriate.
62
63 Michael Harvey: We have submitted this to our joint planning partners for review as required by the joint planning
64 agreement. We do anticipate comments as we move forward.
65
66 Paul Guthrie: Waste disposal on the property, it is probably too early to know how that is planned to be done but 1
67 think that is something we need to continue to give attention to.
68
69 Jennifer Leaf: Each lot will be served individually by onsite septic. It is prohibited in the rural buffer to have
70 connection to water and sewer so they have to be done on site and they have done preliminary soil analysis on
71 some of the lots as indicated by the stippled boxes.
72
73 Paul Guthrie: That doesn't tell me what system we are talking about.
74
75 Jennifer Leaf: Each individual system will be sized at the time the building permit is.....
76
77 Pete Hallenbeck: Paul, are focusing on whether the soil they found was suitable for conventional or low pressure
78 pump,what type of system.
79
80 Paul Guthrie: I was looking for information to draw from my own experience as to what the likely impact would be.
81 There are a number of ways to do this.
82
83 Jennifer Leaf: As the preliminary plat stage of this project the applicant will apply to Environmental Health for a
84 comprehensive review of soil suitability. At this point they have not been involved in finding or evaluating soil types
85 with respect to the location of septic systems. After the concept plan is approved, that is when Environmental
86 Health will be contacted and the official perk sites will go out and be located.
87
88 Pete Hallenbeck: This will be part of the preliminary site plan you are supplying is to have more details about the
89 soil test for septic,etc.
90
91 Mike Neal: Sure. We have had a soil scientist come out and look at the soil and there is a shading on the drawing
92 that shows what areas perk on the lot. We have these stipple boxes, we knew those were the size for a
93 conventional system. We knew the soils were acceptable for a conventional system so we ensured that each lot
94 had an area for conventional system and a repair area. When the lots are sold, we know they can put in a
95 conventional system and that will work and the homeowner may choose another system.
96
97 Tony Blake: How large is this acreage?
98
99 Jennifer Leaf: 104 acres.
100
101 Tony Blake: I have a recombination map that shows almost 200 acres. Is it the acreage that constitutes a major
102 subdivision as opposed to a minor subdivision?
103
104 Jennifer Leaf: The number of lots. One new lot up to five is a minor and then six and above is a major.
105
106 Tony Blake: I am still confused about this huge map that shows a recombination of four tracts and it is 200 acreage
107 not 100.
108
109 Michael Harvey: All we can tell you is this is a 104 acre tract by the current tax record.
110
93
111 Jennifer Leaf: This does have a label of 104 acres on it, the recombination plat, so the plat that was recorded in
112 2005,they shifted some boundary lines so that is how that lot ended up being 104 acres.
113
114 Tony Blake: Some lots are in the rural buffer and in the Chapel Hill school system and some are in the Orange
115 County School system and it appears as if they have already accounted for the impact fees and I wanted to
116 comment about that.
117
118 Michael Harvey: That is on page 36. There will be six lots potentially served by Orange County and 14 lots served
119 by Chapel Hill Carrboro.
120
121 Tony Blake: Since tracts two through four are owned by the same development company that ultimately these
122 tracts will be developed as well?
123
124 Jennifer Leaf: Those tracts are currently developed.
125
126 Pete Hallenbeck: It seems like it meets the requirements and staff is happy with it. Streams are getting good
127 protection and the soils are good enough for conventional. Is there anyone else from the public to comment on
128 this?
129
130 Christine Hagelburger: I share a 1,400 foot long boundary with the project. Please go to the vicinity map. Pointed
131 to the common line on the map. Four of these lots are going on our line which is a more significant impact to our
132 property than to the other properties and it seems you could draw those lines differently than they are on this plat at
133 this time and have less impact on that perimeter of the property. They are the smallest lots and four of them are on
134 my line. I would like to see it drawn more equitably so I do not get the brunt of the impact.
135
136 Dean Shangler: We own a couple of lots to the south. My concern is at the neighborhood information meeting,.1
137 had asked about the boundary line along that creek and understood planning staff to say the creek is entirely
138 contained within the land owned by the developers and if that is correct,that is a concern to me because that is not
139 correct as a matter of deed record. My understanding is the lot line should be the center line in the creek. Would
140 we all agree that is correct? If you look at the site analysis, you could see that the property line is the center line is
141 the creek.
142
143 Pete Hallenbeck: When a plan for this is developed, you would like to make sure there is attention paid to exactly
144 where that boundary is in regard to the creek.
145
146 Dean Shangler: Yes. I would like that to be clear.
147
148 Pete Hallenbeck: Do you know how long it was surveyed with regard to using the creek?
149
150 Dean Shangler: I don't know. In some of the older deeds, people who laid our subdivisions in some of the deeds
151 they go, it was mentioned.
152
153 Pete Hallenbeck: When the applicant makes that plan that is something they will be aware of.
154
155 Craig Benedict: The plat in your package is an appropriate survey of it and it does show that the boundary line
156 (showed map). The entire stream is not on that property, there is some on the other properties. (Reviewed map).
157 We will clarify that survey.
158
159 Dean Shangler: On our map, we show the stream buffer only on our property and do not show it on the adjacent
160 properties. It looks like the stream is on our property. The stream itself is the boundary line and it was traversed in
161 2006. 1 have another concern. I know you said there is a standard 100 foot setback, it is a rural and natural
162 preserve around the creek,could we request making the setback 150 feet to enhance the protection?
163
164 Pete Hallenbeck: That would tie into the density and impact of the houses being close.
165
94
166 Patty Zogust: When it was going to be developed before, my understanding it that it was because they were flood
167 plains and now there are not, how does that happen?
168
169 Jennifer Leaf: FEMA does modeling so they have much better technology now to model. As a result of work done
170 in 2007 the majority of the floodplain was removed from this property.
171
172 Patty Zogust: So between then and now,they got better technology?
173
174 Michael Harvey: In 2007, FEMA released new maps which we adopted and that removed a lot of flood plain from
175 this property.
176
177 MOTION by Buddy Hartley to approve the concept plan as submitted. Seconded by Lisa Stuckey.
178 VOTE:UNANIMOUS
Attachment 7—Excerpt of Draft 95
May 7, 2014 Planning Board
1 Minutes
2
3
4
5 MINUTES
6 ORANGE COUNTY PLANNING BOARD
7 MAY 7,2014
8 REGULAR MEETING
9
10
11 MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lisa Stuckey, Chapel Hill
12 Township Representative; Buddy Hartley, Little River Township Representative; Maxecine Mitchell, At-Large
13 Bingham Township; Herman Staats, At-Large, Cedar Grove Township; Tony Blake, Bingham Township
14 Representative;James Lea,Cedar Grove Township Representative
15
16
17 MEMBERS ABSENT: Andrea Rohrbacher, At-Large Chapel Hill Township; Paul Guthrie, At-Large Chapel Hill
18 Township;Vacant-Eno Township Representative; Vacant-Hillsborough Township Representative; Vacant-At-Large;
19
20
21 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz,
22 Special Projects Coordinator; Patrick Mallett, Planner 11;Tina Love,Administrative Assistant II
23
24
25 OTHERS PRESENT: Michael Neal, Hartison Jones, Danny Jones, Pam Jones, Laney Jones
26
27
28
29 AGENDA ITEM 7: MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION: To review and make a recommendation
30 to the BOCC on a major subdivision preliminary plat application (Triple Crown Farms), located
31 off of Dairyland Road,
32 Presenter: Michael Harvey,Current Planning Supervisor
33
34 Michael Harvey: Reviewed abstract.
35
36 Michael Neal: Presented a PowerPoint presentation.
37
38 Tony Blake: I have two questions, one is, is there a fire pond or some sort of water access? The second is, I've
39 been reading the NC Legislature's agenda and they have a proposal to push road maintenance and roads from DOT
40 to the counties. I don't know if it will pass or not but has DOT proposed a turn lane or anything like that on Dairyland.
41
42 Michael Neal: No, and NCDOT has reviewed the plans. Going to the first question, the fire marshal's comment is
43 that currently there is a fire pond right here (pointed out on map) and there's also Buck Fork Creek and the fire
44 marshal in his letter suggested Buck Fork may provide the flow that he is requesting. That is something that we will
45 have to do, either identify this pond or somehow amend Buck Fork Creek and allow a fire point there.
46
47 Tony Blake: Ok,that's all I had.
48
49 Buddy Hartley: Lots three,four and five, is it possible to have an option for them to go to either school district?
50
51 Michael Harvey: The developer can petition, but it has never been my experience that it has been approved (by
52 Chapel Hill/Carrboro). It is our opinion that those lots will be going to Orange County Schools.
53
1
96
DRAFT
54 Lisa Stuckey: When I was on the Chapel Hill Board, we never approved accepting additional. It's so overcrowded
55 they are not expanding the boundary.
56
57 MOTION by Lisa Stuckey to recommend approval of the Triple Crown Subdivision preliminary plat application to the
58 BOCC. Seconded by Tony Blake.
59 VOTE: UNANIMOUS
60
61
62
2
97
Attachment 8
RES-2014-049
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date: June 17, 2014
Name of Subdivision: Triple Crown Farm
Owner/Applicant: 16 Parkside Lane, LLC
2807 Homestead Road
Chapel Hill, NC 27516
Agent(s): Michael A. Neal and Associates, PLLC
105 W. Corbin Street
Hillsborough, NC 27278
The Board of County Commissioners hereby approves Triple Crown Farms Preliminary
Subdivision Plat, dated April 21, 2014 containing the following:
• 20 lots slated for single-family residential development with a density of one (1)
dwelling unit per every 5 acres of land area;
• 2 roadways, specifically Secretariat Court and Gallant Fox Crossing, constructed
to North Carolina Department of Transportation public road standards;
• The preservation of 38.53 acres of open space as denoted on the preliminary
plat;
• A 30-foot wide roadside buffer along Dairlyland Road (S.R. 1112); and
• A 100-foot wide perimeter building setback around the exterior perimeter of the
project.
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 all publically offered areas/easements, including Secretariat Court and Gallant Fox
Crossing, without maintenance responsibility.
Per the Orange County Unified Development Ordinance (UDO) the applicant shall
maintain all common areas and proposed roadways until such time as it is accepted for
maintenance by a local homeowners association, the North Carolina Department of
Transportation, or some other governmental body.
Before the Final Plat of Triple Crown Farms can be approved by the Planning
Department and recorded within the Orange County Registrar of Deeds office the
following conditions shall be addressed:
98
A. Declaration of Restrictions
1. The Orange County Planning Department shall author a Declaration of
Restrictions (hereafter `the document') establishing and describing the
various development restrictions, standards, conditions, and requirements
associated with development of, and within, the project.
The document shall be recorded concurrently with the Final Plat and
approved, as to form and content, by the applicant and the County
Attorney.
2. The document is not intended to serve, supplant, or take the place of any
document recorded by the applicant establishing local homeowner
covenants or deed restrictions enforced by either the applicant or an
established homeowners association.
B. 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.
The document shall contain this statement and further indicate information
regarding the tentative location of septic systems is available from the
Orange County Health Department, Division of Environmental Health.
Each lot that does not contain a suitable building site shall be designated
both on the Final Plat and by instrument recorded in the Orange County
Registrar of Deeds as restricted for development potential as set forth in
the UDO.
3. The owner/applicant shall not destroy trees located within identified land
use buffers, stream buffers, open space areas, or tree protection areas
denoted on the Final Plat for the installation of on-site waste disposal
system drain or repair fields.
4. No septic system shall be located within a required stream buffer as
detailed within the UDO.
5. The Owners shall include in the restrictive covenants provisions requiring
each lot owner to have their septic system serving their lot inspected by a
licensee of the North Carolina On-Site Wastewater Contractors and
Inspectors Certification Board, who is properly registered to perform such
inspections within Orange County, no less than one (1) time in every five
(5) year period (unless inspections are required more often by rule or
regulation of the Orange County Health Department) and to have the
system pumped if recommended by the inspector.
Payment for the inspections required under this condition shall be the
99
responsibility of the individual lot owner or the homeowner's association
as established by the governing Homeowner's Association declaration.
These provisions shall be in a form approved by the County Attorney.
C. Wells
1. Each residential lot shall contain an adequate area for the development of
a well to provide potable water supporting development of the property as
approved by the Orange County Division of Environmental Health.
D. Roads and Access
1. Secretariat Court and Gallant Fox Crossing shall be constructed to
standards of the North Carolina Department of Transportation in
accordance with the approved Preliminary Plat.
Each roadway shall be located within a minimum 50-foot right-of-way, with
5-foot utility easements on each side, as well as the proposed stormwater
management system. Construction shall be inspected and approved by
NCDOT.
OR
A letter of credit or escrow agreement shall be submitted to secure
construction of the aforementioned roadways to the standards of the
North Carolina Department of Transportation in accordance with the
provisions of the UDO.
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. The financial guarantee must
reflect 110% of that estimate and be issued by an accredited financial
institution licensed to do business in North Carolina.
In this instance, the document shall state posted financial guarantee(s)
will not be released until the road construction has been inspected and
approved by NCDOT.
2. All lots shall receive access from the internal subdivision roads as
depicted on the approved Preliminary Plat. No driveway access for any of
the lots shall be permitted off of Dairyland Road.
3. An erosion control and stormwater management plan for construction for
the aforementioned roadways shall be submitted by the applicant to the
Orange County Erosion Control Division for review and approval prior to
any land disturbing activity on the site in accordance with the UDO.
4. Approved double-bladed street name signs shall be erected at the
intersection of Triple Crown Drive, Secretariat Court and Gallant Fox
Crossing as well as Dairyland Road prior to Planning Department
signatures on the Final Plat or prior to issuance of any building permit if
road construction is secured by letter of credit as described herein.
100
5. Prior to any construction or alteration of any existing access within the
right-of-way of Dairyland Road, the owner/applicant shall secure a
driveway permit from the NCDOT District Office.
The owner/applicant shall submit a copy of the NCDOT-approved permit
and NCDOT approval letter to the Planning Department prior to, or at the
same time as, the request for a grading permit is made, or before
Planning Department signatures are affixed on the Final Plat, whichever is
first.
6. Sight triangles (10' x 70') shall be shown on the Final Plat at the
intersection with each of the aforementioned roadways and Dairyland
Road.
E. Land Use Buffers and Landscaping
1. The 30-foot wide land use buffer along Dairyland Road, identified on the
approved Preliminary Plat, shall be preserved in perpetuity in accordance
with the provisions of the LIDO. The document, as well as any local
covenants, shall require the applicant or future homeowners association
to preserve the required land use buffer.
2. Trees within the tree protection area denoted on the approved Preliminary
Plat shall be preserved as proposed by the applicant.
3. Upon completion of roadway improvements Planning Department staff
shall complete an inspection in the area to ascertain if additional roadway
plantings are required in accordance with the provision(s) of the UDO.
In the event additional plantings are required, the applicant shall submit a
formal landscape plan re-establishing required vegetation. The
owner/applicant shall install landscaping as indicated on the approved
Landscape Plan and the Planning Department shall inspect and approve
such landscaping before signing the Final Plat. It should be noted no part
of any additional landscaping shall encroach into the ten (10) foot by
seventy (70) foot sight triangles at the public road intersection.
OR
The owner/applicant shall submit a letter of credit or cash bond to secure
required landscape installation and preservation. The owner/applicant
shall provide, as specified within the LIDO, an estimate of the cost for
required preservation, plantings and their installation. The financial
guarantee shall reflect 110% percent of the estimate and be issued by an
accredited financial institution licensed to do business in North Carolina.
4. Provision for protection of existing trees shall be included in the Final Plat,
as well as the recorded Declaration of Restrictions as prepared by the
Orange County Planning Department.
5. Clear cutting or other removal of any trees or other vegetation on
individual lots is prohibited as specified within the UDO. This requirement
shall be further evidenced within the subdivision's recorded Declaration of
Restrictions and Final Plat.
101
6. The Landscape Plan will detail required tree plantings along common
property lines for each of the 20 proposed lots. Development of each
individual lot shall necessitate the submittal of a landscape plan providing
documentation on the installation and/or preservation of existing
vegetation to comply with established landscaping requirements detailed
within the UDO.
7. The stream buffer and floodplain area denoted on the approved
Preliminary Plat shall be left in an undisturbed, natural state with the
exception of the approved pedestrian bridge and accompanying
pedestrian pathway installed consistent with the parameters of the UDO.
F. Drainage
1. The applicant shall submit a final stormwater management and erosion
control plan for approval by Orange County Erosion Control prior to the
commencement of land disturbing activities.
2. Drainage easements shall be located on the Final Plat as required
following review and approval of the stormwater management plan by
Erosion Control staff.
3. Drainage culverts shall be sized and located appropriately, as required by
NCDOT and Erosion Control, by a licensed North Carolina Professional
Engineer.
G. Emergency Services
1. Final design capacity and flow rates for a proposed water feature intended
to serve as an emergency water access point for fire
department/emergency services personal shall be approved by the Fire
Marshal prior to the commencement of land disturbing activities.
H. Parkland
1. At the time of recordation of the Final Plat, the applicant shall pay to
Orange County a $9,100.00 ($455.00 times 20 lots) payment-in-lieu-of-
parkland dedication fee.
I. Construction Waste
1. Per Orange County Ordinance, clean wood waste, scrap metal and
corrugated cardboard and all present construction waste, must be
recycled.
2. Per Orange County Ordinance, all haulers of construction waste must be
properly licensed.
3. Prior to any demolition or construction activity on the site the applicant will
102
hold a pre-demolition/pre-construction conference with the County's Solid
Waste staff. This may be the same meeting held with other development
officials.
J. Miscellaneous
1. The Final Plat shall contain a title block and vicinity map in accordance
with the LIDO.
2. The open space shall be conveyed into the Homeowner's Association
before Planning Department signatures are affixed to the final plat.
3. Tree cutting in the delineated land use buffers along the perimeter of the
project as well as Dairyland Road is prohibited except for necessary
maintenance purposes, which has to be approved by County staff prior to
any such tree cutting taking place.
4. Tree cutting/disturbance of flora within identified stream buffers shall only
be permitted as detailed within the Orange County Unified Development
Ordinance.
5. If street lighting is proposed, then a lighting plan shall be submitted to the
Planning Department for review and approval prior to purchase of lighting
fixtures from the utility provider.
Any lighting shall meet the Outdoor Lighting Standards as set forth in the
LIDO.
6. A sign permit shall be obtained from Orange County for the subdivision
sign located at or near the entrance of the subdivision prior to beginning
construction.
7. Methods of disposal of trees, limbs, stumps and construction debris
associated with construction activity shall be by some method other than
open burning as required in the LIDO.
K. 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 the
UDO 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 the
platted portions of Secretariat Court and Gallant Fox Crossing have been
entirely constructed to State standards or that construction plans have
been approved prior to Planning Department signatures on final plat.
103
4. A Certificate of Approval signed by the Orange County Planning and
Inspections Department shall appear on the face of the final plat.
5. All other required certificates detailed within the UDO, applicable to the
project, shall be placed on the Final Plat for signature.
i
I
I
I
104
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that the Preliminary Plan for Triple Crown Farms Subdivision is
approved in accordance with the above mentioned conditions and attached Preliminary
Plat dated April 21, 2014.
Upon motion of Commissioner seconded by Commissioner
the foregoing resolution was adopted this the day of
2014.
I, Donna S. Baker, 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 , 2014 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, this day of 2014.
Clerk to the Board of Commissioners
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