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HomeMy WebLinkAboutRES-1995-008 Resolution approving the Black Walnut Farm Preliminary Plan 1 RESOLUTION OF TIRE ORANGE COUNTY BOARD OF COUNTY CONUMSIONERS Date February 21, 1995 Name of Subdivision Black Walnut Farm Owner/Applicant F. Reid Roberts The Board of County Commissioners hereby approves Black Walnut Farm Subdivision Preliminary Plat, dated September 16, 1994 and containing 25 lots in Orange County, subject to the fulfillment of requirements speed herein. The portion of Black Walnut Farm Road as shown on the Final Plat for each phase shall be irrevocably dedicated to the general public at the time of Final Plat approval for each phase. 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 Black Walnut Farm Road. This acceptance by Orange County of the dedication to the general public of Black Walnut Farm Road shall be without maintenance responsibility. The Final Plats for Black Walnut Farm shall include construction of Black Walnut Farm Road to standards of the North Carolina Department of Transportation. The road shall be maintained by the owner/applicant until such time as it is accepted for maintenance by the North Carolina Department of Transportation or some other governmental body. The Final Plat for Phase I of Black Walnut Farm shall include an irrevocable dedication to the general public of a 1/2-width right-of-way for the portion of Baldwin Road on or adjacent to the applicant's property north of Black Walnut Farm Road. The eastern boundary of the dedication shall be 30 feet east of the centerline of the existing Baldwin Road. No construction or maintenance requirements for Baldwin Road north of Black Walnut Farm Road are contained in this Resolution. 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 the 1/2-width right-of-way for Baldwin Road on the portion of the subdivision property north of Black Walnut Farm Road. This acceptance by Orange County of the dedication shall be without maintenance responsibility. The Final Plat for Phase II of Black Walnut Farm shall include an irrevocable dedication to the general public of a 60-foot right-of-way for the portion of Baldwin Road generally parallel to the existing Baldwin Road, the western boundary of which shall be the western boundary of the subdivision, between Black Walnut Farm Road and St. Mary's Road. In addition, a 60-foot wide right-of-way in the location of the proposed realignment of Lawrence Road and Baldwin Road generally as indicated on the attached Exhibit A shall be reserved for possible future dedication. If Baldwin Road is to be constructed in the reserved area, then a plat shall be recorded which irrevocably dedicates the right-of-way in the reserved area to the general public, and the dedication of right-of-way in the realigned portion of Baldwin Road along the western boundary of the subdivision will simultaneously be abandoned and revert to the owner(s) of the property over which the abandoned right-of-way lies. 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 a realigned Baldwin Road. This acceptance by Orange County of the dedication to the general public of Baldwin Road shall be without maintenance responsibility. The road shall be maintained by the owner/applicant until such time as it is accepted for maintenance by the North Carolina Department of Transportation or some other governmental body. Before a Final Plat of Black Walnut Farm can be recorded: 2 A. 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. This disclosure shall be included in a document describing development restrictions to be recorded concurrently with the Final Plat. The document shall also disclose that information regarding the tentative location of septic systems is available from the Orange County Health Department, Division of Environmental Health. B. Roads and Access 1. The portion of Black Walnut Farm Road as shown on the Final Plat for each phase shall be constructed to standards of the North Carolina Department of Transportation, within the 50-foot right-of-way, and the construction shall be inspected and approved by NCDOT. OR A letter of credit, escrow agreement, or bond shall be submitted to secure construction of Black Walnut Farm Road to the standards of the North Carolina Department of Transportation. 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. The document describing development restrictions to be recorded with the Final Plat shall state that the financial guarantee will not be released until the road construction has been inspected and approved by NCDOT. 2. Baldwin Road realigned, between Black Walnut Farm Road and St. Mary's Road, shall be constructed to standards of the NCDOT if a Final Plat for Phase H of the subdivision is recorded. The construction shall be done or secured the earlier of the time that the Final Plat for Phase III is approved or February 21, 1999. Baldwin Road realigned, between Black Walnut Farm Road and St. Mary's Road, shall be constructed to standards of the North Carolina Department of Transportation, within the 60-foot right-of-way, and the construction shall be inspected and approved by NCDOT. OR A letter of credit, escrow agreement, or bond shall be submitted to secure construction of Baldwin Road realigned to the standards of the North Carolina Department of Transportation. 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 Alternatively, the financial guarantee for the construction of Baldwin Road realigned may be equal to the property owner's share of a property owner participation paving program with NCDOT when accompanied by a commitment letter from NCDOT to construct the realigned Baldwin Road under its property owner participation paving program. The document describing development restrictions to be recorded with the Final Plat shall state that the financial guarantee will not be released until the road construction 3 has been inspected and approved by NCDOT. 3. Submit an erosion control plan for construction of the road. 4. A sight triangle to NCDOT standards shall be shown at all road intersections. 5. A turn around to NCDOT standards shall be provided at the end of Black Walnut Farm Road. 6. The intent for future extension of Black Walnut Farm Road shall be indicated on the Final Plat by the words "Subject to Future Extension". 7. The .19 acre parcel at the end of Black Walnut Farm Road indicated as public road right-of-way shall be dedicated to Orange County. 8. An approved street name sign shall be erected at the intersection of streets as required in Section IV-B-3-c-12 of the Orange County Subdivision Regulations. Evidence shall be submitted by the applicant that signs are in place or a copy of the receipt for purchase of the signs shall be submitted to the Planning Department. C. Land Use Buffers and Landscaping 1. Landscaping shall be installed or preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. OR Guaranteed financially through a letter of credit, escrow agreement, or bond submitted to secure required landscape installation and preservation. An estimate of the cost for required preservation, plantings and their installation must be provided. 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. 2. Provisions for protection of existing trees as shown on the approved landscape plan shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 3. A Type D Land Use Buffer shall be provided along the overhead electrical power lines. The buffer shall be 50 feet in width and provide sufficient vegetation to meet the standards of Section IV-B-8-e of the Subdivision Regulations. Said buffer shall be so noted on the plat, and described in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 4. A 50 foot buffer shall be provided along the east property line to preserve the existing trees. 5. Additional trees shall be planted along the rear property line of lots 22, 23 and 24 to provide additional plantings and to protect the view from St. Mary's Road. D. Parkland 1. Cash in the amount of$1,384.00 [($1,938/acre x 25/35 acre)] shall be paid to Orange County as payment in lieu of parkland dedication. 4 E. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 and V-D-3 of the Orange County Subdivision Regulations. 2. The subdivision shall be developed in accordance with the following phasing plan: Phase Lot Numbers Deadline for Submittal of Final Plat I 1,2,3,19,20,21,22 February 21, 1996 II 4,5,6,16,17,18 August 21, 1997 III 7,8,9,10,11,12,13,14,15,B February 21, 1999 I,II, or III, A,23,24 See deadlines for Phases I, II, and III ' Lots A, 23 and 24 may be included with any phase. However, each of lots A, 23 and 24 shall be designed and platted on the final plat so that the right-of-way for the realigned Baldwin Road (including that dedicated and that reserved for possible future dedication) is located wholly outside each of lots A, 23 and 24 and so that lots A, 23 and 24 meet all other requirements of the Orange County Zoning Ordinance and Orange County Subdivision Regulations. F. Certifications 1. A Certificate of Survey and Accuracy signed by a registered Land Surveyor shall be notarized on the face of the Final Plat. 2. A Certificate of Declaration and Maintenance in the form provided in Section V-D-6-b of the Orange County Subdivision Regulations signed by the 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 Department of Environmental Health shall certify that all residential lots contain sufficient area for septic tank disposal and repair. 4. The North Carolina Department of Transportation shall certify that Black Walnut Farm Road and the realigned Baldwin Road have been constructed to State standards or that construction plans have been approved. 5. A Certificate of Approval signed by the Orange County Planning and Inspections Department. Signature of Applicant Clerk to the B accept the above listed conditions of subdivision approval, and acknowledge that each must be met prior to recordation of the final plat.