HomeMy WebLinkAboutAgenda - 11-01-94 - VIII-G-attch 1
RESOLUTION
OF TIIE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date November 1, 1994
Name of Subdivision Hannah Creek
Owner/Applicant Ann Moss Joyner
The Board of County Commissioners hereby approves Hannah Creek Subdivision Preliminary Plat,
dated August 22, 1994 and containing forty-six lots, 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. 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 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 Count Division of Environmental Health.
PP Y County
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
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.
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2. Hannah Lane shall be renamed to avoid duplication with a similar street name in the
Town of Carrboro.
3. Pippin Trail and McMillan Park Road shall be constructed to Class A private road
standards within a 50-foot right-of-way, and Hannah Lane (to be renamed) 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 the 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.
4. A Private Road Maintenance Agreement for Pippin Trail, McMillan Park Road and
Hannah Lane (to be renamed) 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.
5. 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.
6. 10' by 70' sight triangles shall be shown at the intersection of Elizabeth Walters Road
and High Rock Road, and at the intersections of the proposed private roads with
Elizabeth Walters Road.
7. 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.
8. 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
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
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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 financial
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 Final 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.
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 the
public or private road right-of-way for lots D2, D3, D4, and D5. A front setback of 75
feet shall be maintained as measured from the edge of the public or private road
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right-of-way for lots Al, A2, A5, A6, A7, B5, C5, C6, C11, C12, D1, E2 and E6. A rear
setback of 40 feet shall be maintained as measured from the rear property line for lots
B1, B2, B3, B4, B5, E2 and E3. 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. Lot F shall be designated on the Final Plat as being of restricted development
potential. Lot F 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 Lot F 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
prohibit, 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 Officer shall certify
that the fmal 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 F 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 F.
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.
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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 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.
d ' ' °
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Signatur- • ; :•licant lerk to the Bod
I, {a /t-t45as Sq.vex , accept the above listed conditions of subdivision approval, and
acknowledge that etch must be met prior to recordation of the final plat.
Applicant Date