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Home My WebLink AboutRES-2002-105 Resolution approving Davis Farm Subdivision Preliminary Plan 5 RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONNERS TO APPROVE DAVIS FARM SUBDIVISION PRELIMINARY PLAN Date June 18, 2002 Name of Subdivision Davis Farm Owner/Applicant Homer Davis The Board of County Commissioners hereby approves the Preliminary Plan for Davis Farm Subdivision as shown on the preliminary plat dated February 19, 2002 and subject to fulfillment of requirements specified herein. All roads shall be irrevocably dedicated to the general public and be constructed to standards of the North Carolina Department of Transportation (NCDOT). The approval of this resolution authorizes and directs the Orange County Manager to accept for the County, and on behalf of the public generally, the offer of dedication of Linnet Drive. This acceptance of dedication to the general public shall be without maintenance responsibility. These roads shall be maintained by the owner/applicant (Homer Davis) until such time as they are accepted for maintenance by NCDOT or some other governmental body. All easements for drainage, pedestrian access or other purposes, all private open space shall likewise be maintained by the owner/applicant until such time as they are transferred to the control of a Homeowners Association, individual lot owners through deed restrictions, or are accepted for maintenance by the County. Before the Final Plat of Davis Farm can be recorded: A. Sewage Disposal 1. All lots shall contain adequate septic disposal and repair areas, approved by the Orange County Division of Environmental Health. Septic areas shall not extend into required landscape buffers. 2. Disclosure that the septic system location may restrict the size and location of improvements shall be included in a document describing development restrictions to be recorded concurrently with the Final Plat. B. Roads and Access 1. Linnet Drive shall be constructed to NCDOT minor local standards with a 50-foot right-of-way and 5-foot utility easements on each side. Construction shall be inspected and approved by NCDOT. OR 6 A letter of credit or escrow agreement or other security shall be submitted to secure construction of Linnet Drive to NCDOT standards. An estimate of the construction cost must be prepared by a certified/licensed engineer or grading contractor and submitted to the Orange County Planning Department and approved by the County Engineer. The financial guarantee must reflect 110 percent 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. An erosion control plan for the entire project, including Linnet Drive, shall be submitted by the applicant to the Orange County Erosion Control Division for review and approval prior to any disturbance on the site. The Erosion Control Plan shall include a stormwater management plan that meets the requirements of both the County and the Neuse River Basin rules. 3. Prior to any construction or any alteration of any existing access within the right- of-way Davis Road (SR 1129), the developer/owner shall secure a driveway permit from the NCDOT District Office. A copy of the NCDOT-approved permit and letter to the Planning Department shall be submitted at the same time as the request for Planning Department signatures on the Final Plat. Sight distance triangles shall be shown at all intersections within the subdivision, or included within the right-of-way of the proposed street. 4. Access to all lots shall be from Linnet Drive. Driveway cuts for lots 1 and 4 shall be a minimum of 100 feet from the right-of-way intersection with Davis Road. This restriction shall be stated in a document to be prepared by Planning Staff and recorded concurrently with the final plat. Non-vehicular access easements (NVA)—areas where driveways shall not be located—shall also be shown on the final plat. 5. Street name shall be approved by Land Records prior to submittal of final plat. 6. An approved street name sign shall be erected at the intersections of: Davis Road (SR 1129) and Linnet Drive, as required in Section IV-B-3-c-12 Street Name Signs of the Orange County Subdivision Regulations. The applicant shall submit either evidence that the sign is in place or a receipt for purchase of the sign prior to Planning Department signatures on the Final Plat. 7. The applicant shall dedicate, in fee simple to the North Carolina Department of Transportation, an additional 5 feet or 35 feet from the centerline of the existing right-of-way whichever is greater, along those portions of the property that front Davis Road (SR 1129) for future road improvements. The dedication shall be shown on the final plat. Property lines to stop at new right-of-way. C. Land Use Buffers and Landscaping 1. Landscaping shall be installed [or preserved] as indicated on an approved landscape plan and shall be inspected and approved by the Planning Department prior to Final Plat approval. Landscaping shall include a 30-foot Type A Land Use Buffer along Davis Road and a 50-foot Type D Land Use Buffer along both sides of the overhead utility transmission line. 7 OR A letter of credit or escrow agreement or other security shall be submitted to secure the required landscape installation and preservation. An estimate of the cost for required preservation, new plantings, and their installation must be provided. The financial guarantee shall reflect 110 percent of the estimate and must be issued by an accredited financial institution licensed to do business in North Carolina. 2. The landscaping shall be maintained by the owner/applicant (Homer Davis) until such time as it is accepted for maintenance by a homeowners association, or by private property owners through deed restrictions. 3. Provisions for the 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. 4. Trees may not be removed within the required Land Use Buffers for the installation of septic systems. D. Drainage 1. Drainage easements shall be located on the Final Plat as required following review and approval of the Erosion Control Plan. 2. Drainage culverts shall be sized and located as required by NCDOT and approved by the Orange County Erosion Control Officer. E. Parkland 1. The proposed six-lot subdivision is located within the Cheeks District Park Service Area. As per the decision of the Board of County Commissioners, cash in the amount of$2,730 ($455/lot) shall be paid to Orange County as payment in- lieu-of parkland dedication. 2. The developer is reserving 20,370 square feet of open space easement on Lot 6, to be identified on the Final Plat as "(20,370 sq. ft.) Open Space Easement." This easement area shall be designed with common ownership among the six (6) property owners. Appropriate legal documents shall also provide for the six (6) property owners to share maintenance responsibilities for the open space area which documents shall be submitted along with the Final Plat for legal review and approval by the County Attorney. 3. The "Conservation Area[s]" shown on the Preliminary Plan shall be shown on the Final Plat. Each of the Conservation Areas will be subject to a conservation easement(s) prohibiting structures in the easement area and otherwise preserving the natural condition of the easement area in favor of all six lots in the subdivision. The conservation easement(s) shall be assignable to Orange County or a Land Conservancy that is tax-qualified under State and federal law and permitted by its charter to hold conservation easements in perpetuity. At the 8 request of the County or the Land Conservancy the conservation easement(s) shall be assigned to the County or the Land Conservancy. Appropriate legal documents to carry out this condition shall be submitted along with the Final Plat for legal review and approval by the County Attorney. F. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 Title Block and V-D-3 Vicinity Map of the Orange County Subdivision Regulations. 2. The buffers, building setbacks, easements, open space, and conservation areas, 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. 4. Drainage easements shall be provided as required by section D. item 2. outlined above. 5. The Final Plat shall contain a note restricting any further subdivision. 6. If a subdivision sign is anticipated, reserve an easement location on either Lot 1 or Lot 4. 7. If any condition of this Resolution shall be held invalid or void, the Resolution itself shall be void and of no effect. G. 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 Section V-D- 6-b of the Orange County Subdivision Regulations signed by the landowners 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 all roads have been constructed to State standards or that construction plans have been approved. 4. A Certificate of Approval signed by the Orange County Planning and Inspections Department. 9 NOW, THEREFORE BE IT RESOLVED, by the Board of Orange County Commissioners, that the Preliminary Plan for Davis Farm subdivision is approved in accordance with the above mentioned conditions and attached Preliminary Plat dated February 19, 2002. Upon motion of Commissioner 'seconded by Commissioner yi the foregoing resolution was adopted this the day of , 2002. I, Beverly A. Blythe, 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 , 2002 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 sa'd County, this day of , 2002. 1 rk to the oard of Comm' sioners