HomeMy WebLinkAboutRES-1995-038 Resolution of Approval of Hannah Creek Subdivision (Revised) Preliminary Plan R
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RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date August 3. 1995
Name of Subdivision Hannah Creek (Revised)
Owner/Applicant Ann Moss Joyner
The Board of County Commissioners hereby approves Hannah Creek Subdivision (Revised) Preliminary
Plan, dated June 5, 1995 and containing forty-five residential lots and two open space lots, as originally
approved by the Board of Commissioners on November 1, 1994 and revised for the purpose of creating
an additional open space lot (Lot B) per the Preliminary Plan dated May 1, 1995 subject to the
fulfillment of requirements specified herein.
Elizabeth Walters Road shall be irrevocably dedicated to the general public and be constructed to
standards of the North Carolina Department of Transportation. 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 Elizabeth Walters Road. This acceptance by Orange County
of the dedication to the general public of Elizabeth Walters Road shall be without maintenance
responsibility. These road shall be maintained by the owner/applicant until such time as they are
accepted for maintenance by the North Carolina Department of Transportation or some other
governmental body.
Before the Final Plat of any phase of Hannah Creek can be recorded:
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. Elizabeth Walters Road shall be constructed to standards of the North Carolina
Department of Transportation, within a 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 Elizabeth Walters Road to the standards of the North Carolina Department of
Transportation. An estimate of the construction cost must be prepared by a -
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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. Austin Peck Trail and McArthur Park Road shall be constructed to Class A private
road standards within a 50-foot right-of-way, and Leland Lane shall be constructed to
Class B private road standards within a 50-foot right-of-way.
Each of the above-mentioned private roads shall be inspected, and the construction
certified in writing to the Orange County Planning Department by a North Carolina
Professional Engineer, or a North Carolina Registered Land Surveyor. The location of
the travelway within the platted private road right-of-way shall also be certified.
OR
A letter of credit, escrow agreement, or bond shall be submitted to secure construction
and inspection of above-mentioned roads to the indicated private road class. An
estimate of the construction and certification costs 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 certified by a North Carolina Professional Engineer or a North Carolina
Registered Land Surveyor.
3. A Private Road Maintenance Agreement for Austin Peck Trail, McArthur Park Road
and Leland Lane shall be received by the Planning Department and approved by the
County Attorney. The Road Maintenance Agreement shall reference the dedication of
right-of-way for Elizabeth Walters Road and include provisions for the maintenance of
Elizabeth Walters Road such time as the maintenance responsibility is accepted by the
North Carolina Department of Transportation.
4. An erosion control plan for construction of the roads shall be submitted by the
applicant for review and approval by the Orange County Erosion Control Division.
5. 10'by 70' sight triangles shall be shown at the entrance of Elizabeth Walters Road and
High Rock Road, and at the intersections of the proposed private roads with Elizabeth
Walters Road.
6. All lots shall access onto the new subdivision roads. This restriction shall be stated in a
document describing development restrictions and requirements to be prepared by
Planning Staff and recorded concurrently with the Final Plat.
7. Approved street name signs 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 the sign is in place or a copy of the receipt for
purchase of the sign shall be submitted to the Planning Department.
C. Land Use Buffers and Landscaping
1. Landscaping shall be preserved and installed in an amount needed to meet landscaping
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requirements of Section IV-B-8-d of the Subdivision Regulations, as indicated on the
approved landscape plan dated September 22, 1994. Locational provisions of Section
• IV-B-8-d are hereby waived to allow additional trees required for lots which are
accessed by one of the proposed private roads to be planted within the easement of
that road for the purpose of creating a canopy over the road, provided that at least 14
feet of vertical and horizontal clearance is maintained in all cases. Installation of
landscaping must be inspected and approved by the Planning and Inspections
Department.
If the Final Plat is to be recorded prior to installation of landscaping, then the
applicant shall secure landscape requirement installation and preservation through a
letter of credit, escrow agreement, or bond. An estimate of the cost for required
preservation, plantings and their installation must be provided. The fmancial
guarantee shall reflect 110% 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.
D. Drainage
1. Impervious surface data, as pursuant to Article 6.23 of the Zoning Ordinance shall be
included in a document describing development restrictions and requirements to be
• prepared by Planning Staff and recorded concurrently with the Final Plat.
2. Locate additional drainage easements as required following review and approval of the
Erosion Control Plan.
E. Parkland
1. Cash in the amount of$1,890 ($1,470/acre X 45/35 acre) shall be paid to Orange
County as payment in lieu of parkland dedication.
F. 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 following natural and man-made site features shall be shown on the plat: (Include
streams, rivers, ponds, lakes, swamps, marshes, sites in"Inventory", houses, barns,
sheds, railroads, overhead utility lines, cemeteries)
a perennial stream
b. pedestrian/equestrian trail in vicinity of perennial stream
3. The following easements shall be shown on the plat:
• a A conservation easement extending 75 feet from the edge of the right-of-way of
High Rock Road.
b. A conservation easement extending 125 feet from each edge of the perennial
stream.
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C. A pedestrian/equestrian easement extending 50 feet from each edge of the
perennial stream.
4. A front setback of 125 feet shall be maintained as measured from the edge of public or
private road right-of-way for lots 13, 14, 15, and 16. A front setback of 75 feet shall be
maintained as measured from the edge of the public or private road right-of-way for
lots 113, 5, 6, 7, 40, 25, 26, 31, 2, 12, 35 and 19. A rear setback of 40 feet shall be
maintained as measured from the rear property line for lots 36, 37, 38, 39, 40, 35 and
34. Other setbacks are as required by Article 5.1 of the Zoning Ordinance, except
where conservation easements result in a larger setback.
These setback requirements shall be stated on the plat, and in a document describing
development restrictions and requirements to be prepared by Planning Staff and
recorded concurrently with the Final Plat.
5. Lots AR and B shall be designated on the Final Plat as being of restricted development
potential. Lots AR and B shall be owned by an entity established for the purpose of
conserving and maintaining natural resources. Such an entity may include, but is not
limited to, a homeowners association, provided that conservation of natural resources is
one of its established purposes. Documents associated with compliance of this
condition shall be reviewed and approved by the County Attorney. The restricted use
of Lots AR and B shall be included in a document describing development restrictions
and requirements to be prepared by the Planning Staff and recorded concurrently with
the Final Plat.
6. The area included in the conservation easements must remain natural and undisturbed.
• Removal of any vegetation and all construction or disturbance in the easement is
prohibited, except as necessary to allow the construction of the pedestrian/equestrian
trail along the stream. The recipient of the easements shall be an entity established
for the purpose of conserving and maintaining natural resources. Such an entity may
include, but is not limited to a homeowners association, provided that conservation of
natural resources is one of its established purposes. Documents associated with
compliance of this condition shall be reviewed and approved by the County Attorney.
The restricted use within the easements shall be included in a document describing
development restrictions and requirements to be prepared by the Planning Staff and
recorded concurrently with the Final Plat.
7. A pedestrian/equestrian trail for use by the residents shall be constructed along the
stream outside of any identifiable flood-prone area. The trail may cross the stream as
necessary to maintain minimize disturbance of slopes and vegetation. The Erosion
Control Supervisor shall approve the specific location of the trail prior to its
construction. Upon construction of the trail, the Erosion Control Office shall certify
that the final construction is in accordance with acceptable erosion control practice and
the trail is in the approved location.
If a Final Plat is to be recorded prior to the construction of the trail, then future
construction of the trail shall be guaranteed through a letter of credit, escrow
agreement, or bond. 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.
8. If the subdivision is to be completed in more than one phase, then Lot AR and the
conservation easements and equestrian/pedestrian trail shall be constructed or secured
in the first phase, and an easement be provided to assure access from Elizabeth
Walters Road to Lot AR.
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9. The Final Plat for Phase A, recorded in Plat Book 73 Page 148 shall be revised to
combine lot Al and A2 into a single lot. A revised Final Plat shall be recorded by the
Orange County Register of Deeds prior to approval of the Final Plat for Phase C.
G. 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, developer and
homeowners association 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 Division of Environmental Health shall certify that each lot contains a suitable
area for septic disposal.
4. The North Carolina Department of Transportation shall certify that Elizabeth Walters
Road has 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.
S' pplicant Clerk to the Boarfi
I, n IT Pe"n-- , accept the above listed conditions of subdivision approval, and
acknowledge that each must be met prior to recordation of the final plat.
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Appli c i�¢ �_ Date