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HomeMy WebLinkAboutS Planning - Habitat for Humanity OC, NC Inc. - Tinnin Woods Project - Special Use Permit lD-0� � Ck- NORTH CAROLINA ORANGE COUNTY i PREPARED BY& RETURN TO: Michael D. Harvey, Orange County Planning Department ORANGE COUNTY, NORTH CAROLINA SPECIAL USE PERMIT KNOW ALL PERSONS BY THESE PRESENTS that the undersigned, Habitat for Humanity (hereafter "the Applicant"), having applied to Orange County for a Class A Special Use Permit (hereafter "SUP") for the use and development of the property hereinafter described, the same was granted by Orange County on October 4, 2011 the terms of which are as follows: NAME OF PROJECT: Tinnin Woods — a 28 lot single family residential subdivision TYPE OF SPECIAL USE: Class A Special Use Permit. NAME OF PROPERTY OWNERS: Habitat for Humanity Orange County NC Incorporated Attention Susan Levy, Executive Director 88 Vilcom Center Drive Suite L 110 Chapel Hill, NC 27514 NORTH CAROLINA ORANGE COUNTY DESCRIPTION OF PREMISES LOCATION: The project involves the development of two (2) parcels of property totaling 8.9 acres in area further identified utilizing Orange County Parcel Identification Number(s) (PIN) 9845-40-5022 and 9844-49-3706 at the northwest intersection of Tinnin and School House Road approximately 2,600 feet north of US Highway 70 West further described within Deed Book 5258 Page 396 of the Orange County Registrar of Deeds Office. PARCEL INFORMATION: a. Parcel Identification Numbers (PIN): 9845-40- 5022 and 9844-49-3706 b. Size of parcel(s): 8.984 acres in area (PIN 9845-40-5022 PIN 9844-49-3706) c. Zoning of parcels: Rural Residential One (R-1) and Upper Eno Protected Watershed Overlay District d. Township: Cheeks, e. Future Land Use Map Designation: 10-year Transition f. Growth Management System Designation: Urban g. Existing Conditions/Physical Features: Both parcels are characterized by: i. Rolling topography on the areas proposed for development, ii. As detailed within the Environmental Impact Assessment contained within Attachment 1, there are wetlands located on both parcels, iii. Parcel 9845-40-5022 has a stream running along the western property line adjacent to the Efland Cheeks School property and Richmond Hills subdivision. The proposed development plan delineates the required stream buffer, NORTH CAROLINA ORANGE COUNTY iv. There are four derelict structures on Parcel 9845-40-5022 that will be removed if this project is approved. v. According to the Catena environmental report, there are two small wetland areas on the property as denoted on the site plan. h. Roads: Vehicular access to the parcels is through two existing streets, Tinnin Road (SR 1313) and School House Road (SR 1314), both paved, state-maintained roads. i. Utilities: There is an existing three inch public water main on the south side of School House Road. Hereafter referred to as `the Property'. DESCRIPTION OF DEVELOPMENT: In accordance with Section(s) 2.7 Special Uses, 2.9 Conditional Uses, 5.3.2 Application of Use Standards — Special Uses, 5.5.6 Standards for Miscellaneous Uses — Major Subdivisions, Article 7 Subdivisions, and 7.2.3 Major Subdivisions of the Orange County Unified Development Ordinance (hereafter `UDO') the Applicant proposes to develop a single-family residential subdivision on the property. The approved development plan for the rezoning of the property to High Intensity Residential (R-8) and the development of twenty-eight (28) lots ranging in size from 5,500 to 12,700 square feet in land area intended to support the development of single-family residences. The overall density of the approved development plan shall be three (3) units per acre. Vehicular access to the individual lots shall be via two (2) public roads constructed to NC Department of Transportation guidelines. The approved development plan also calls for: • A 200-foot extension of Tinnin Road to ensure connectivity with the northern property as required under Section 7.8.1 of the UDO. The extension shall be constructed in accordance with NC DOT and County guidelines, • For the new streets, the applicant is proposing a fifty (50) foot right-of-way with a twenty-seven (27) foot back-to-back curb and gutter travel way. • Anticipated traffic volume generated by this development is approximately 300 trips per day at build out, i.e. between 10 and 11 trips per household per day. NORTH CAROLINA ORANGE COUNTY The property is located within a Primary Service Area as denoted on the Water and Sewer Management, Planning, and Boundary Agreement (WASAMPBA) Map. Orange- Alamance Water System Incorporated (OAWS) is the water utility provider for the area. The applicant shall install 8" water and sewer lines to serve the project in accordance with County standards. Hereafter referred to as 'the Project' The terms and conditions contained herein shall encumber the Property and bind the owners and lessees thereof, their successors in title and interest. The development of the Project as well as all necessary site improvements, both internal and external to the Project, shall be reviewed, approved, and developed in accordance with: 1. The provisions of the Orange County Unified Development Ordinance (UDO), 2. Any and all applicable Federal, State, and local regulations, and 3. The SUP application, including the site plan, as submitted by the Applicant and as approved by the Board of County Commissioners on October 4, 2011. All concept plans, reports, renderings, comments, commitments, and supporting documentation contained within the record of the Project's approval are herby incorporated herein and made a part of this SUP. Copies of the approved Application, concept plans, renderings, comments, commitments, and supporting documentation are on file in the Orange County Planning and Inspections Department. As stipulated within the UDO, and contained herein for reference purposes only, the SUP will automatically expire within 12 months from the date of approval if the use has not commenced or construction has not commenced or proceeded unless a timely application for extension of this time limit is approved by the Board of County Commissioners. Further, if any condition detailed herein shall be held invalid or void, then this SUP shall be void in its entirety and of no effect. With that, the following special terms and conditions shall govern the development of the Project in addition to the provisions of the UDO: SPECIAL TERMS AND CONDITIONS A. Rezoning: 1. That an Ordinance approving the rezoning of the subject parcels as requested by the applicant as part of the Conditional Use application submittal process be approved by the Board of County Commissioners. NORTH CAROLINA ORANGE COUNTY B. Sewer Lines 1. The applicant shall execute a utility extension, installation, and service agreement(s) covering the extension of sewer lines and services to serve the project. This agreement shall be prepared by the Orange County Staff Engineer in consultation with the applicant, Planning Director, County Attorney, and other essential County personal involved with the process and shall be executed by the Board of County Commissioners prior to any earth disturbing activity. 2. The Orange County Staff Engineer shall approve sewer line construction drawings including elevations of the proposed lines, stubbed out service lines to each lot within the development, and adjacent parcel stub outs as denoted on the approved site plan prior to any clearing or grading on the site. The existing sewer main located in Tinnin Road shall be used as the outfall for the proposed sewer collection lines. No sewer lines shall be placed underneath existing paved or concreted areas with the exception of perpendicular crossings. 3. The applicant shall install, to Orange County specifications, eight-inch (8") sewer lines within the project. All construction and testing shall be certified to the State by the engineer of record as completed with copies of the certification to be provided to the Orange County Staff Engineer and Planning Department prior to Planning signatures on the Final Plat. OR A letter of credit or escrow agreement shall be submitted and approved by the County Attorney to secure construction of the sewer lines to the standards of Orange County. An estimate of the construction cost shall be prepared by a certified/licensed engineer 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. If the security option as set forth above is chosen, no certificate of occupancy for any dwelling shall be issued until all sewer line construction and testing are completed with certification sent to the State by the engineer of record and the permit is issued by the State. Copies of the engineer's certification and State permit shall be provided to the County Engineer and to the Planning Department prior to release of any certificate of occupancy. I 4. Signed encroachment agreements, if required by North Carolina Department of Transportation (NCDOT), shall be executed for all sewer NORTH CAROLINA ORANGE COUNTY lines that are placed within public right-of-ways. Copies of signed encroachment documents shall be provided to the Planning Department and the County Staff Engineer prior to Planning signatures on the Final Plat. 5. Show on the Final Plat, twenty (20)-foot permanent sewer line easements centered on all County-maintained sewer lines located outside of the NCDOT right-of-way. These easement areas shall remain free of structures, fences, and landscape plantings. 6. Sewer lines shall be designed in such a manner to allow gravity flow extensions to adjacent property rather than through the use of pump stations to the extent applicable to established engineering practices. 7. An Orange County Acreage Fee (recorded lot area acreage only), currently set at $1000 per acre for public sanitary sewer service, shall be paid at the time the Final Plat is submitted for planning signatures. The acreage fee is subject to change and, based on the acreage shown for the proposed 28 lots (approx. 6.25 acres). The total acreage fee will be approximately $6,250. 8. An Orange County Flat Fee for a public sanitary sewer service tap, currently $600 per unit, shall be paid at the time building permit applications are submitted for review and approval. This fee is subject to change and will be collected at the applicable rate at the time of review and approval of the building permit. 9. A Hillsborough Capital Facilities Fee, currently $2,672 per unit, shall be paid at the time building permit applications are submitted for review and approval. This fee is subject to change and will be collected at the applicable rate at the time of review and approval of the building permit. 10. For all locations where service is anticipated, a wye connector shall be installed as a service stub out, rather than a tap and saddle. C. Water Lines 1. Orange Alamance Water System, Inc. (OAWS) and the County Staff Engineer shall approve final water line construction drawings for the entire subdivision, including stubbed out service lines to each lot. No clearing or grading on the site shall occur until approval is obtained. No water lines shall be placed underneath paved or concreted areas with the exception of perpendicular crossings, which shall be constructed of ductile iron pipe. NORTH CAROLINA ORANGE COUNTY 2. The existing two (2) inch service main to the five customers on a private drive on the east side of Tinnin Road will remain and the developer will tie it into the new Tinnin Road water main. 3. The existing three (3) inch water main in Tinnin Road and School House Road will remain in service for existing customers only. 4. The new line will be pressure tested at the time of construction as required by OAWS and the State of North Carolina. Pressures shall meet or exceed established standards as detailed by OAWS and the State of North Carolina. 5. The applicant shall install all water lines to OAWS specifications. Monitoring of the installation of all water lines will be by OAWS and the County Staff Engineer or other designated staff. All construction and testing shall be certified to the State as completed by the engineer of record with copies of the certification to be provided to OAWS, the Orange County Engineer and Planning Department prior to Planning signatures on the Final Plat. OR A letter of credit or escrow agreement shall be submitted and approved by the County Attorney to secure construction of the water lines to the standards of OAWS. An estimate of the construction cost shall be prepared by a certified/licensed engineer and submitted to the Planning and Inspections Department for review by the Orange County Staff Engineer. The financial guarantee must reflect 110% of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. If the security option as set above is chosen, no certificate of occupancy shall be issued until the water lines are certified to the State by the engineer of record that testing and construction is completed. A copy of the certification shall be provided to the Orange County Staff Engineer and the Planning Department. OAWS shall provide written confirmation of their acceptance of the lines per the State approval letter. The letter shall include that all pressure tests and bacterial testing have been approved by the State and accepted by OAWS for inclusion into their maintenance program. 6. Encroachment agreements, if required by NCDOT, shall be executed for all water lines placed in public right-of-ways, including off-site improvements. Copies of signed encroachment documents shall be NORTH CAROLINA ORANGE COUNTY provided to the Planning Department and OAWS prior to Planning signatures on the Final Plat. 7. Twenty (20) foot permanent water line easements with five (5) foot temporary construction easements on each side shall be shown on the Final Plat for all OAWS-maintained water lines located outside of the NCDOT rights-of-way. These easement areas shall remain free of structures, fences, and substantial landscape plantings (flowers, grass, and shrubs are allowed). 8. An eight (8) inch water line shall be extended within the Tinnin Road right- of-way from US Highway 70 West to the northern end of Tinnin Road prior to recordation of the Final Plat. Encroachment agreements shall be obtained from NCDOT for any lines within an existing NCDOT right-of- way. All water line easements within the subdivision shall be shown on the Final Plat. For water line easements located offsite, i.e. outside the boundaries of the subdivision, easement documents with attached survey map shall be recorded concurrently with, or prior to, the Final Plat. Any portion of the lines that extend under concrete or paved areas shall be ductile iron pipe. 9. Eight (8) inch water lines shall be installed within the subdivision per OAWS specifications. Fire hydrants, per Fire Marshal requirements, shall be installed and approved prior to Planning Department signatures on the Final Plat or prior to the issuance of any certificate of occupancy if the security option is chosen. OAWS shall test fire hydrants and provide flow test certifications to the Fire Marshal for review and approval by the Fire Marshal and Efland Fire Department. All water lines shall be looped for fire protection purposes as denoted on the plan and under no circumstances shall a dead end line be created in area not denoted on the approved utility plan. 10. The existing six (6) inch water line in Richmond Hills at the end of Alice Miller Court (or Boundbrook Drive) shall be connected into the eight (8) inch water lines within the subdivision at the time of construction. A signed encroachment agreement with NCDOT shall be obtained prior to any construction activity within the NCDOT right-of-way. The water line shall be extended as denoted on the approved utility plan. 11. After installation of the eight (8) inch water main within the Tinnin Road right-of-way, NCDOT will require driveway and utility permits of the developer, as well as a three-party encroachment agreement, for all work within the public right-of-way. NORTH CAROLINA ORANGE COUNTY 12. Assessment and connection fees shall be paid to OAWS prior to the recordation of the Final Plat consistent with the OAWS adopted fee schedule. Proof of fee payment shall be required to be submitted to the County at the time of application for building permits. D. Roads and Access 1. Road "A" and Road "B" shall be designed and constructed to standards of the NCDOT Subdivision Road manual, dated January 2011, within a fifty (50) foot right-of-way with five (5) foot utility easements on each side. Roads "A", "B", and School House Road shall be paved with a 27-foot back-to-back roadway cross-section with curb and gutter and two eleven- foot lanes. Tinnin Road extension shall be within a fifty (50) foot right-of- way. Since Tinnin Road is a primary collector road, it shall be paved with a 27-foot back-to-back roadway cross-section with curb and gutter and two twelve-foot lanes. The construction shall be inspected and approved by NCDOT. OR A letter of credit or escrow agreement shall be submitted and approved by the County Attorney to secure construction of Road "A", Road "B", and the extension of Tinnin Road to the standards of the NCDOT. An estimate of the construction cost must be prepared by a certified/licensed engineer or grading contractor and submitted to the Planning 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 all road construction as been inspected and approved by NCDOT. If the security option is chosen, no building permit shall be issued until access roads are constructed to an all-weather state (i.e. base gravel condition). 2. No driveway shall be permitted within established site triangles as denoted on the approved plan with the exception of lot 23. The Final Plat shall contain "No Vehicular Access Easement" for lots 5, 20 and 23 on School House Road (1314). 3. Erosion control plans for construction of Road "A", Road "B", and the extension of Tinnin Road shall be submitted to, and approved by, the Erosion Control Division prior to any clearing or land disturbance. NORTH CAROLINA ORANGE COUNTY 4. Approved double-bladed street name signs shall be erected at all street intersections shown on the Final Plat prior to issuance of any building permit if road construction is not completed prior to recording of the final plat. 5. Prior to any construction or alteration of any existing access within the platted rights-of-way, 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 with dimensions of ten (10) feet by seventy (70) feet shall be shown and labeled at all street intersections as depicted on the Final Plat. These areas are to remain clear of plantings, fences, vehicles, and all structures. 7. Dedicate, in fee simple, a fifty (50) foot wide right-of-way, centered on the existing right-of-way of Tinnin Road, to the northern property line. Said dedication shall meet local residential road right-of-way standards as required in Section 7.8.2 of the Unified Development Ordinance (UDO). 8. The termination point at the northern terminus of Road "A" or extension Tinnin Road extension shall be improved to NCDOT standards (i.e. asphalt). 9. A ground sign shall be installed at the north terminus of Road "A" noting that there may be an extension of the road right-of-way and travel way at a future date. 10. NCDOT shall require that weight reducing load allowances along School House Road and Tinnin Road during construction of subdivision improvements be imposed and shall require the developer to post a maintenance bond to ensure that the road is returned to proper functionality once the project is completed. E. Land Use Buffers and Landscaping 1. Landscaping shall be preserved as indicated on the approved preliminary plan and Resources Management Plan that show the typical building envelopes/open space areas and shall be inspected and approved by the Planning and Inspections Department prior to signatures on Final Plat. NORTH CAROLINA ORANGE COUNTY No part of the landscaping shall encroach into the 10' x 70' sight triangles at the intersection. OR Guaranteed financially through a letter of credit or escrow agreement 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% of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina in a form approved by the County Attorney. 2. Provisions for protection of existing trees as shown on the approved preliminary site 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. No clear cutting on individual lots or mass grading is permitted pursuant to Section 6.8 of the UDO. 3. The applicant shall retain and maintain existing plantings within the Typical Building Setbacks as indicated on the Site Plan to the greatest possible exclusive of drive cuts and utility easements. Removal, replacement, or re-establishment of required vegetation shall be allowed consistent with Orange County standards as denoted within the UDO. 4. A minimum of twenty (20) foot buffer shall be maintained (i.e. left undisturbed) along the subdivision perimeter. Language shall be provided in the Homeowners Association documents to the effect that clearing within the twenty (20) -foot buffer shall not be permitted. 5. A fifty (50) foot undisturbed buffer shall be maintained around the wetland area identified on and near Lot 28 as denoted on the approved plan consistent with County and State regulations. 6. No mass grading of the site shall occur. Lots shall be graded only after lot specific plans showing the extent of grading are submitted to the Planning Department and approved at the time of building permit applications. 7. Common area landscaping trees and shrubs shall be of a native species and drought tolerant. F. Storm Drainage 1. Drainage easements shall be located on the Final Plat as required NORTH CAROLINA ORANGE COUNTY following review and approval of the Erosion Control Plan by County staff. 2. All structural stormwater Best Management Practices (BMP's), as defined in the North Carolina Department of Environment and Natural Resources Stormwater BMP Manual shall be within stormwater easements and shown on the Final Plat. A stormwater maintenance agreement shall be recorded along with the Final Plat. The agreement shall designate the responsible party for maintenance. Public access to the BMP devices shall be provided. 3. Drainage culverts shall be sized and located appropriately by a licensed North Carolina Professional Engineer as required by NCDOT and Orange County Erosion Control. 4. The site runoff for the one (1)-year twenty-four (24)-hour storm shall be the same post- development as pre-development regardless of the BMP option chosen. 5. The Falls Lake (Upper Neuse Basin) nutrient reduction rules apply to this site. 6. Sediment and erosion control measures shall be installed prior to and during any land clearing or construction. G. Parkland and Recreation 1. Lawful currency of the United States in the amount of $11,394 ($422 x 28 lots) shall be paid to Orange County as payment-in-lieu of parkland dedication at the time of recordation of the Final Plat. 2. The applicant shall incorporate provisions into the declaration of restrictive covenants that effectively restricts and maintains the common area open space. These protected areas shall be shown and labeled accordingly on the Final Plat. All maintenance responsibilities for the open space shall be with the Homeowner's Association. 3. Section 7.11 of the UDO requires a minimum recreation space ratio of 0.20 square feet of recreation space per land area dedicated to residential use (0.20 * 6.917 acres = 1.383 acres, or 60,260 square feet). In those cases where the required minimum recreation space results in a larger amount than the public recreation space requirement of 1/20 acre per lot (1/20 x 28 lots = 1.4 acres or 60,984 square feet), the difference shall be established as private recreation space for the use of the residents of the development (60,260 — 60,984 = no additional private open space needed. i NORTH CAROLINA ORANGE COUNTY 4. Approximately 0.584 acres or 23,450 square feet of connected HOA open space (6.50%) will be protected and available to individual lot owners. 5. The applicant shall provide a minimum of 19,463 square feet of private recreation area (e.g. trails, picnic area, etc.). 6. A five (5)-foot wide mulched trail connection shall be made to the existing trail that runs from Efland Cheeks Elementary School through the open space of Richmond Hills. The connection shall be made from the end of Road "B". H. Construction Waste 1. Per the Orange County Solid Waste Ordinance, clean wood waste, scrap metal, corrugated cardboard, and all present construction waste shall be recycled. 2. All haulers of construction waste shall be properly licensed. The applicant shall confirm that hauling contractors are licensed to haul waste in Orange County. 3. Prior to any demolition or construction activity on the site the applicant shall arrange for a pre-demolition / construction conference with Orange County Solid Waste staff. This may be the same meeting held with other county officials. I. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map in accordance with Section 7.14.3 of the UDO. 2. The Homeowner's Association (hereafter `Association') shall be incorporated and a deed conveying the open space into the Association shall be submitted along with the Final Plat for review and approval by the County Attorney's office. Planning Department signatures will be affixed to the Final Plat after attorney review is complete. The County Attorney shall approve the declaration of restrictive covenants applicable to the property. 3. Tree cutting in the roadside open space is prohibited except for necessary maintenance purposes or for the placement of driveway cuts, drainage features, or utility lines that have been approved by County staff consistent with the adopted site plan prior to any such tree cutting taking place. NORTH CAROLINA ORANGE COUNTY 4. All street lighting shall conform to the Outdoor Lighting Standards as set forth in Section 6.11 of the UDO. The light fixture shall be submitted to the Planning Department for review and approval prior to entering into a contract or sales agreement or purchase of lighting fixtures from the utility provider. 5. 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. Any lighting for the sign shall be approved by the Planning Department prior to purchase or installation. 6. 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 Orange County Unified Development Ordinance. 7. Parcel Identification Numbers for the existing lots shall be shown on the Final Plat. 8. Impervious surface coverage for the entire subdivision is limited to thirty percent (30%) including the amount of impervious surface for streets and sidewalks. The maximum impervious surface for the entire subdivision is 117,403 square feet or 2.70 acres. 9. Impervious surface data, as pursuant to Section 4.2.2 of the UDO shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. The impervious surface for each lot shall indicate the maximum impervious surface for each lot, net of the roadway (i.e. excluding roadway). Impervious surface allocations shall be shown on the Final Plat for each lot. 10. A twenty (20) foot open space strip conveyed into the HOA shall be provided on the rear of lots 16, 21, 22, and 25. A reconfiguration of the lots to a minimum of 5,000 square feet will be necessary. No surface stormwater shall be directed across the lots. 11. The maximum number of lots approved is twenty-eight (28), the final number of platted lots shall be determined after compliance with all ordinances, regulations or conditions of approval. No ordinance, regulation or condition of approval shall be relaxed in order to accommodate more than twenty-eight (28) lots. 12. The owner shall file, with the Planning Department and record with the Final Plat, a declaration of covenants and restrictions, articles of NORTH CAROLINA ORANGE COUNTY incorporation, where required, and/or by-laws, all as approved by the County Attorney, that will govern the maintenance and control of the improvements as set forth in Section 7.14.3 of the UDO. Said documents shall provide for ownership of open space and the dedication of easements to access open space, common area POSA's, drainage easements and buffers, for maintenance. The Owner has agreed that said documents shall not restrict the use of energy efficient measures, including but not limited to clotheslines by the lot owners, nor shall said documents require any lot owner to engage in water intensive lawn maintenance. 13. A waiver from Section 7.13 (B)(6)(e) of the Unified Development Ordinance to reduce the minimum 100-foot spacing between building envelopes and the subdivision boundary to allow a variable-width buffer of less than 100 feet around the inside perimeter of the subdivision is permitted. 14. A waiver from Section 6.8.6(D) to reduce the Type "A" landscape buffer from 30 feet to 20 feet to conform to the R-8 front yard setback standard is permitted. 15. Sidewalks should be located within the right-of-way of Tinnin Road, School House Road, and Road 'A' of the project as denoted on the approved site plan. Installation, construction, and perpetual maintenance costs shall be assumed by a third party, either the County or NC DOT, and shall not be assumed by the applicant or the proposed Homeowner's Association of the Tinnin Woods subdivision. If agreements cannot be reached on the installation, construction, and perpetual maintenance costs, no sidewalks will be provided. J. Certifications 1. All Certificates and Endorsements as set forth Section 7.14.3 of the UDO signed by the landowner, developer and appropriate staff persons shall be on the face of the plat and included in a document describing development restrictions to be recorded concurrently with the Final Plat. 2. Certificate of Improvements as set forth in Section 7.14.3 of the UDO signed by the County Manager shall be on the face of the Final Plat. 3. OAWS shall certify on the Final Plat that the water lines have been installed in accordance with construction drawings or secured by a letter of credit, whichever the case. 4. The NCDOT shall certify that the platted portions of Road "A", Road "B" NORTH CAROLINA ORANGE COUNTY and the extension of Tinnin Road have been entirely constructed to State standards or that construction plans have been approved with a letter of credit or cash bond security posted prior to Planning Department signatures on Final Plat. NORTH CAROLINA ORANGE COUNTY IN WITNESS WHEREOF, Orange County, has caused this instrument to be executed in its name as evidence of the issuance of said permit, and the undersigned being all of the property owners of the property above described, have executed this instrument as evidence of their acceptance of said Special Use Permit as a covenant running with the land. ORANGE COUNTY By:/(�5 l�l cc.(•.c.�-e ���cas�` 1 raig edict G Plannin6 Director ATTEST: 17 , j S sou s2 Donn Ba erg Clerk to the Board of County Commissioners °��� 1% I, :v A a Notary Public of the County and State aforesaid, certify that Donna Baker personally came before me this day and acknowledged that she is Clerk to the Board of County Commissioners for Orange County and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by Craig Benedict, the Orange County Planning Director, and attested by her as Clerk to said Board of County Commissioners. tWitness my hand and official stamp or seal, this the 1 `°'`day of 2014. h-� N-OTARY PUBLIC My Commission expires: oFFICIALSEA� Notary Public,North Caroline *° ORANGE COUNTY i• iC' 7, Lo �c\ E DAVID HUNT ion Expires