HomeMy WebLinkAboutAgenda - 01-08-1990EL
ORANGE COUNTY
BOARD OF COMMISSIONERS
AGENDA
REGULAR MEETING NOTE: BACKGROUND MATERIAL
MONDAY, JANUARY 8, 1990 ON ALL ABSTRACTS
7 : 30 P.M. AVAILABLE IN THE
OLD COUNTY COURTHOUSE CLERK'S OFFICE.
HILLSBOROUGH, NC
A. BOARD AND MANAGERS COMMENTS
B. PUBLIC COMMENTS
1. Matters on the Printed Agenda
(We would appreciate you signing the pad ahead of
time so that you are not overlooked. )
2. Matters not on the Printed Agenda
C. MINUTES
PUBLIC CHARGE
The Board of Commissioners pledges to the citizens of
Orange County its respect. The Board asks its citizens
to conduct themselves in a respectful, courteous manner,
both with the Board and with fellow citizens. At any
time should any member of the Board or any citizen fail
to observe this public charge, the Chair will ask the
offending -person to leave the meeting until that
individual regains personal control. Should decorum fail
to be restored, the Chair will recess the meeting until
such time that a genuine commitment to this public
charge is observed.
D. RESOLUTIONS OR PROCLAMATIONS
E. REPORTS
F. ITEMS FOR DECISION--CONSENT AGENDA
(Any item may be removed for separate consideration)
1. Contract Award--Telecommunications Equipment
2 . Budget Ordinance Amendment #6
3 . Grant Project Ordinance Amendment--Section 8
Program Grant 1989
4 . Remapping Capital Project Ordinance Amendment
5. Public Hearing on Capital Improvement Plan (CIP)
for 1990-95
6. Contract Award--Rencher Street CDBG Public
Facilities Improvements
7. Subdivision Regulations Text Amendment--Definitions
8. Subdivision Regulations Text Amendment--Preliminary
Plat Review Procedures
9. Right-of-Way Agreement
G. ITEMS FOR DECISION--REGULAR AGENDA
1. Subdivision Regulations Text Amendment--Preliminary
Plat Approval
2 . Wyndsong--Preliminary Plan
3 . Proposed Text Amendments--Wetlands Permits
4. Proposed Text Amendment--Special Uses
H. APPOINTMENTS
I. ADJOURNMENT
(*) Indicates items that need immediate attention.
, .w
PAGE 1
APPROVED 2/5/90 MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
JANUARY 8, 1990
The Orange County Board of Commissioners met in regular session on January 8, 1990
at 7:30 p.m. in the Courtroom of the Old Courthouse, Hillsborough, North Carolina.
BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , and Commissioners Stephen
Halkiotis, John Hartwell, Shirley E. Marshall and Don Willhoit.
ATTORNEY PRESENT:_ Geoffrey Gledhill.
STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Managers Albert
Kittrell and Ellen Liston, Clerk to the Board Beverly A. Blythe, Planning Director
Marvin Collins, Purchasing Director Pam Jones, Department on Aging Director Jerry
Passmore, Planners Emily Crudup and Mary Scearbo.
NOTE: Copies of all documents referred to in these minutes are in the permanent
agenda file in the Clerk's Office.
A. BOARD AND MANAGERS COMMENTS
Chairman Carey announced that a special meeting will be held on Thursday, January
18 in the meeting room at the American Health Association building for further
discussion on the Rural Character Report.
The next regular meeting of the Board of Commissioners will be held on Tuesday,
January 23 at 7:30 in the courtroom of the old Post Office in Chapel Hill.
County Manager John Link announced that the County received an official notice
that they have been awarded 2-1/4 million dollars for Culbreth Park. A press release
will be sent out to the news media on how this proposal was put together.
Commissioner Halkiotis noted he received several calls about the highway 54 area.
Citizens in that area are under the impression that the County is going to have a
program where as soon as any person sells land on which there is a stream or creek
flowing, the stream or creek and a certain portion of the land on both sides will
revert to the County as a public right-of-way. He stated that if this is part of the
County's agenda, that he does not endorse it.
B. PUBLIC COMMENTS
1. Matters on the Printed Agenda
None
2. Matters not on the Printed Agenda
None
C. MINUTES
Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to
approve the December 19, 1989 minutes as amended.
VOTE: UNANIMOUS.
PAGE 2
PUBLIC CHARGE
Chairman Carey read the public charge
D. RESOLUTIONS OR PROCLAMATIONS - NONE
E. REPORTS - NONE
F. ITEMS FOR DECISION - CONSENT AGENDA
Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to
approve those items on the Consent Agenda as listed below:
1. CONTRACT AWARD .. TELECOMMUNICATIONS EQUIPMENT
To award and authorize the Chair to sign a contract with Centel for a
telecommunications system for a sum of $366,509.75 and award a contract for existing
cable owned by Centel for a sum of $11,155.00
2. BUDGET ORDINANCE AMENDMENT #6
To approve an amendment to the 1989-90 Budget Ordinance as stated below:
GENERAL FUND
Source - Intergovernmental $ 17,458
Appropriation - Contributions to Outside Agencies 17,458
(To budget for Grassroots Grant from the North Carolina Arts Council) .
Source - Intergovernmental 71,584
Appropriation - Human Services 71,584
(To budget for additional Child Day Care funding)
Source - Intergovernmental $ 15,054
Appropriation - Human Services 15,054
(To budget for additional Health Department funding)
Source - Intergovernmental $ 10,180
Appropriation - Human Services 10,180
(To budget for Medicaid reimb. for the Dept. on Aging) .
Source - Intergovernmental $ 18,948
Appropriation - Human Services 18,948
(To budget for NCDOT grant awarded to Dept. on Aging) .
Source - Intergovernmental $ 31,745
Appropriation - Human Services 31,745
(To budget for state grants awarded to Department on Aging) .
3. GRANT PROJECT ORDINANCE AMENDMENT - SECTION'PROGRAM GRANT 1989
To approve a 1989 Section 8 Program Grant Project Ordinance amendment as
stated below:
GRANT PROJECT ORDINANCE AMENDMENT
SECTION 8 PROGRAM GRANT - 1989
Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter
159 of the General Statutes of North Carolina the ordinance adopting the "Section 8
Program Grant - 1989 Grant Project" is hereby amended as follows:
SECTION 1. Section 3 of the above mentioned ordinance is
amended to read as follows:
Existing $1,593,629
J
PAGE 3
Moderate Rehab 257,848
Voucher 90,273
Total Revenues $1,941,750
SECTION 2. Section 4 of the above mentioned ordinance is amended to read as
follows:
Rental Assistance - Existing $1,507,926]
Rental Assistance - Mod Rehab 236,388
Rental Assistance - Voucher 90,273
Administration - Existing 85,703
Administration - Mod Rehab 21.460
Total Appropriations $1,941,750
4 REMAPPING CAPITAL PROJECT ORDINANCE AMENDMENT
To approve the capital project ordinance amendment for the remapping capital
project as stated below:
REMAPPING PROJECT
CAPITAL PROJECTS ORDINANCE AMENDMENT
Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter
159 of the General Statutes of North Carolina the ordinance adopting the "Remapping
Project" is hereby amended as follows:
SECTION 1. Section 3 of the above mentioned ordinance is amended to read as
follows:
Transfer from General Fund $ 119,946
Transfer from County Capital Reserve 353,021
State Grant 72,419
Charges for Services 57,195
Miscellaneous 3.905
TOTAL REVENUES $ 606,486
SECTION 2. Section 4 of the above mentioned ordinance is amended to read as
follows:
Remapping Project ,`606,486
TOTAL APPROPRIATIONS $ 606,486
5. PUBLIC HEARING ON CAPITAL IMPROVEMENT PLAN FOR 1990-95
To approve setting a public hearing for February 5, 1990 at 7:30 in the Old
Courthouse, Hillsborough for the purpose of receiving comments from Orange County
citizens concerning the proposed Capital Improvement Plan for 1990-95.
6. CONTRACT AWARD = RENCHER STREET CDBG PUBLIC FACILITIES IMPROVEMENTS
To approve and authorize the Chair to sign the Public Facilities Improvement
Contract with Billings and Garrett in the amount of $282,083 contingent upon staff and
attorney review.
7. SUBDIVISION REGULATIONS TEXT AMENDMENT - DEFINITIONS
To approve an amendment to Section II of the Subdivision Regulations as
presented which will add language to the definition of "subdivision" to be more
consistent with State enabling legislation and to clarify standards for lots resulting
from the combination or recombination of existing lots.
PAGE 4
8. SUBDIVISION REGULATIONS TEXT AMENDMENT - PRELIMINARY PLAT REVIEW PROCEDURES
To approve an amendment to Section III-D-2-c/d of the Subdivision Regulations
to establish a minimum time period within which recommendations from the Planning
Board will be transmitted to the Board of County Commissioners. Amendment shall read
as follows:
"The Board of Commissioners shall receive the Planning Department's
report and the Planning Board's recommendation within forty-five (45) days of the
Planning Board meeting at which time the application is forwarded to the
Commissioners. The Board of Commissioners shall take action on the proposal within
forty-five (45) days of the close of the County Commissioners meeting at which the
Planning Board's recommendation is submitted to it. "
9. RIGHT-OF-WAY AGREEMENT
To approve and authorize the Chair to sign this agreement which will allow
Duke Power Company access and use of the described property for transporting
electricity and communications purposes.
VOTE: UNANIMOUS.
G. ITEMS FOR DECISION = REGULAR AGENDA
1. SUBDIVISION REGULATIONS TEXT AMENDMENT .. PRELIMINARY PLAT APPROVAL
This proposed amendment will authorize the Board of County Commissioners to
amend, at its discretion, the phasing plans of major subdivisions. The new text will
list the factors which must be considered when an applicant requests an amendment to a
phasing plan. The proposed addition to Section III-D-2-e will provide a remedy for
development plans on which the 12-month time limit has expired or is about to expire.
Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis
to approve the amendment as presented at the November 27, 1989 public hearing and as
amended by the County Attorney.
VOTE: UNANIMOUS.
2. WYNDSONG = PRELIMINARY PLAN
The property is located off the north side of Davis Road in Chapel Hill
Township. The property is zoned R-1 and PW-II. Fifteen lots are proposed out of 50.5
acres. There will be 14.60 acres proposed for common land.
Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis
to approve the resolution for the preliminary plan for Wyndsong as presented.
VOTE: UNANIMOUS.
3. PROPOSED TEXT AMENDMENTS - WETLANDS PERMITS
The proposed amendments would add a new Article 6.19 to the Zoning Ordinance
and a new Section IV-B-11 to the Subdivision Regulations, serving as notification to
anyone who may be planning construction/filling activities. It is the responsibility
of the Corps of Engineers to identify the wetland jurisdiction limits and discuss the
need for, and availability of, Federal permits.
Commissioner Halkiotis questioned the language in Section IV-B-11 which states
"Federal permit authorization may be required from the U.S. Army Corps of Engineers
prior to commencement of . . . " Marvin Collins explained that if any of these
activities (construction of road crossings, sewer or utility line installations,
grading, placement of soil from ditching or other excavations) are not disturbing the
wetlands, then a 404 permit would not be required. The only time it would be required
is when any of these activities directly affect the wetlands. It was decided to
reword this amendment to show that the Army Corps of Engineers may require the permit
PAGE 5
and not the County.
Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to
approve the proposed amendments as presented at the November 27, 1989 public hearing
with the amendment as stated above.
VOTE: UNANIMOUS.
4. PROPOSED TEXT AMENDMENT - SPECIAL USES
The proposed amendment to the Zoning Ordinance would clarify the intent of
Articles 8.2.1 and 8.2.2 in regard to the findings required for approval of Special
Uses.
Motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to
approve the proposed amendment as presented at the November 27, 1989 public hearing.
VOTE: UNANIMOUS.
H. APPOINTMENTS
The following appointments were duly approved by the Board:
BOARD OF HEALTH - Carole Stemkowski (To fill unexpired term of the veterinarian) .
EMERGENCY RESPONSE PLANNING COMMITTEE - Joseph H. Robertson and Chief Robert
Swiger
NURSING HOME COMMUNITY ADVISORY COMMITTEE - Dr. Marvin J. Block
ORANGE COUNTY BOARD OF ADJUSTMENT - Karen Barrows
I. ADJOURNMENT
With no further items to be considered, Chair Carey adjourned the meeting. The
next regular meeting will be held on January 23, 1990 at 7:30 in the Courtroom of the
Post Office in Chapel Hill.
Moses Carey, Jr. Chair
Beverly A. Blythe, Clerk
1
7-
)21-12
/7//1"
ORANGE COUNTY
BOARD OF COMMISSIONERS ACTION AGENDA
ACTION AGENDA ITEM ABSTRACT ITEM NO. f-I
MEETING DATE JANUARY 8, 1990
SUBJECT: CONTRACT AWARD; TELECOMMUNICATIONS EQUIPMENT
*****************************************************************************
DEPARTMENT: PURCHASING AND CENTRAL SERVICES PUBLIC HEARING YES X NO
********************************************************************** ******
ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES
EXT: 498
CONTRACT DOCUMENTS
PHONE NUMBERS: HILLSBOROUGH 732-8181
HILLSBOROUGH 732-9361
CHAPEL HILL 967-9251
MEBANE 227-2031
DURHAM 688-7331
****************.*************************************************************
PURPOSE: To award a contract to Central Telephone Company (Centel ) for
telecommunications equipment and existing cable owned by Centel .
BACKGROUND:The Board authorized purchase of a telecommunications system
and existing cable owned by Centel from Centel at the December 19 ,
1989 BOCC meeting.
RECOMMENDATION: Award a contract for a telecommunications system to Centel
for a sum of $366 , 509 . 75 and award a contract for existing cable
owned by Centel for a sum of $11 , 155 . 00; and authorize the chair to
sign on behalf of the board.
DEC 2q 89 17: 14 TO 919 732 4743 FROM CENTEL ELK IN T-187 P.02
2
_PURCHASE AGwRR E11T CENT`j,
This Agreement is made as of DEER 19 199 9 between
("Centel"), having an office at ; :� CENTRAL TELEPFIr CMANY
("Customer"), having office
office at �' B; e! y and �'�
proprietorship! Roma, Nc _, a corpora P so
1• meat. Centel agrees to sell, deliver and install the Equipment identified In SCHEDULE A,attached,to pay for the Equipment, or cause the Equipment to be purchased and paid for by a third r'and Customer
Purchase for the Customer. y person tinsnemg the
2. Premise& The Equipment is to be installed at and, so long as any.part of the Cash Price remains unpaid, it will remain
at:
II Al 111:11 401i Z are not own by Customer, ustomer represents that i tn � -- (the "Pmts . Where the Prey
Equipment Shall remain personal a of xa on to own the Equipment on the Premises where necessary. The
property end shall not become a fixture.
3. Financ- • Financing Requested? Yes No . If Yes, Customer
hereto. Cente a performance is conditioned on Customers v. agrees to the terms peof rson SCHEDULE B attached
Customer's obligation to purchase the Equipment � approved for financing by a third person within thirty days.
of the financing. Customer's provision of false information and Custom's rejection r failure gtora cept theeterms and conditions of
the financing shall be deemed to be a breach of this Agreement.
4. Price. The price of the Equipment is $ 50 7? ,
and includes =oat of installation. Telephone number, listings q c peas applicable not included. No , (the included Price")
specifically stated on a Schedule, CUSTOMER WILL PAY A CHARGES OFaTHE LOCAL TELEPHONE COMPANY ANDuANY
OTHER CARRIER.
Where financing is not requested pursuant to Section 3,payment of the Cash Price will be made as follows:
$_N/A (25%), plus all applicable taxes of $ , on execution
of this Agreement,as a downpayment.
$ N A (50%)on the Delivery Date.
$ (20%)on the Cutover Date,
(5%)on Customer Aceptanee.
(100%) ON CUSTOMER ACCEPTANCE
ere manci is
ri requested pursuant to Section 3, payment of the Cash Price will be made in accordance with SCHEDULE B,
provided that where financing is so requested but not obtained,payments will be required on the percentage schedule set forth
above as if Customer had not requested financing.
All payments will be subject to a late payment service charge of 1-1/2%per month on the balance in arrears for more than thirty(30)
days,but in no event shall such charge exceed the maximum permitted by law.
• 5. Sched and Warren Period. The Delivery Date is the date Centel tenders substantially all of the Equipment for
delivery to the Premises. a anticipated Delivery Date is MAR('H 1
Delivery Date, Centel may store the If the Premises are not ready to the
y Equipment at Custome?s expense. The Cuto�ver Datethe date the Equipment Is connected to
the public telephone network and activated. The anticipated Cutover Date is g�,
when th��uipeme t is c tover and operating in accordance with manufacturer's speci elatl n& The warranty Period under Section 11
of this 155 days.
6. schedules. This Agreement and the Schedules listed are the entire Agreement between Centel and Customer. Any
alteration or m'odiifcation must be in writing and signed by Centel and Customer. ATTACHED FLEE FIND A SCHEDULE
LIST WITH EACH ATTACHED SCHEDULE DEFINED.
-77- Governing Law. This Agreement is deemed made and governed by the law of the State of
_Hoy CAROLINA
S. Terms and Execution. This Agreement includes the additional provisions stated on the reverse side. This Agreement
binds both parties when it is executed by both parties.
Customers COUNTY OF ORANGE Centel:
By: _ Byt
l+lan►e-Title: Name-Title:
(B.l2/6$-2)
DEC 29 '89 17:15 TO 919 732 4743 FROM CENTEL ELKIN T-187 P. 03
3
Customer :
aF ORANGE
Address : 300 %EaLgRYON STREET
UGH/ NC 27278
Telephone # : 919-712-8181 --
Contract Date:
SCHEDULE LIST
SCHEDULE A Orange County Request for Proposal as developed by
Communications Consultants Corporation of Virginia in
its entirety (50 pages) including all released addendums.
SCHEDULE B Central Telephone Company's response to The Orange County
RFp dated November 1, 1989 plus subsequent correspondence
of merit listed as follows:
- Letter dated November 30, 1989 to Ms. Pam Jones from
Steve Norman
- Northern Telecom Rebate Extension Letter from Mr. David
Kidd dated December 7, 1989
- Orange County's Letter of Intent dated December 20, 1989
SCHEDULE C Pricing Detail showing all additions and deletions from
original pricing form in response
(R.5/Y3)
DEC 29 '89 17:15 TO 919 732 4743 FROM CENTEL ELKIN T-187 P. 04
4
Schedule ! curritli.
Equipment
Customer : County of Orange _
Address : 300 West Tryon Street
Hillsborough, NC 27278
Telephone # : 919-
Contract Date:
PRICING DETAIL
Equipment Material Price Installation Charge
SL-1 NT E/W 2 RPE's $194,851.00 $14,084.00
Station Apparatus 60 504.00 15,017.00
Power Failure Transfer (20 Trks) 595.45
Electronic Key System 18,284.00 5,340.00
Battery Back-Up (2 Hr. Minimum) 5,260.00 534.00
Meridian Mail - 4 Port x 8 Hours 22,694.00 1,825.00
Music On-Hold 585.00
Repeat Number Dialed 585.00 __-
$303,358.45 $36,800.00
ADDITIONS
RPE-Battery - 2 Hr. Minimum . 3,366.00 534.00
Norstar 824 - Battery 2 Hr. Minimum 688.00 89.00
Norstar 616 - Battery 2 Hr. Minimum 305.00 89.00
10-M2616 Digital Sets @ $302.00 3,020.00
2-QPC 450 CO/WATS/FX 8 $1081.00 2,162.00 89.00
1-QPC 71 Page Access 608.00 44.50
2-QPC 578 ISDL Card @ 1324.00 2,648.00 178.00
1-Norstar Key System 616 E/W 4 Feature 1,475.00 467,25
Sets
2-CSU Shelf E/W 14 CSU's & Cables 17,966.00 534.00
1-Meridian Mail Addition - 4 Ports 9,900.00 845.00
3 Hours
$42,138.00 $2,869.75
ADJUSTMENTS
1 System Rearrangement
Remove Planning RPE and add to -11,500.00
main SL-1NT
Remove 10-M-2008 @ 150.00 - 1,500.00
Remove 2 Ste. Cards & 23 Feature - 5,656.00
Sets from Sheriffs Norstar _18,656.00
Total 326,840.00 39,669.75
SYSTEM! TOTAL $366,509.75
(H.S/A3)
IN-PLACE SYSTEM PURCHASE AGSBBMENT - CA 5
This Agreement Is made as of January 19111_, between
Central Tele hone Com an• _'�-- '� (Venter),
having- ail. ffice at a
and Coe of Ora a "G{ustomer'�,
having an o cm at Ea"t gin St. $i11eboroa so �, a
(eorporation/partne srd: a prop: e
In consideration of the covenants and agreements herein, the parties agree:
L Centel agrees to ,sail to Customer, and Customer agrees to purchase from Centel
the telephone equipment described in Schedule A, attached, (the Equipment) in accordance
with the terms and conditions of this Agreement. •
2. The Equipment is installed • and located at:
Hill aborou 1h ;. (the "Premises").
era e em - = are not owned by Customer, •mer represents 4 t it has permission
to own the Equipment on the Premises. The Equipment shall remain personal property and
shall not become a fixture.
3. The cash purchase prim: for the Equipment is $ l i.is . f plus applicable
taxes of $ 4g7.7s — , to be paid by Customer upon execution a Agreement by the
parties.
4. Title to the Equipment shall pass to Customer at the time full payment is made
to Centel pursuant to this Agreement.
5. This Agreement shall be governed by the law of the State of
N. C.
6. This Agreement binds both parties when it is executed by both parties.
7. THIS AGREEMENT INCLUDES THE ADDNAL TERMS AND CONDITIONS
SET FORTH ON THE REVERSE SIDE.
CUSTOMER: coheirs or OMNGii CENTEL: cg p co.
- Bye
Name-Title: Name"Title:
cry.'Ian
DEC 13 '89 16:06 TO 919 732 4743 FROM CENTEL ELK IN T-119 P.03
ADDITIONAL TERMS AND CONDITIONS r}r C'T 4 z • I"- iP I4f r r= 6
11. Customer assumes all responsibility for repairs, maintenance, alterations,
relocations,additions or other changes to the Equipment after this rearrangements,
• Agreemen! is executed.
9. Customer assumes the risk of loss and damage to the Equipment from the date this
Agreement Is executed.
- -
10. CUSTOMER UNDERSTANDS AND AGREES THAT THERE ARE NO WARRANTIES,
EXPRESS OR IMPLIED, MADE OR GIVEN IN THIS TRANSACTION, AND THAT THE EQUIPMENT IS
PURCHASED AS IS. IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS ARE
SPECIFICALLY EXCLUDED FROM THIS TRANSACTION.
11. The parties acknowledge that Centel is not an insurer and that Customer may secure such
additional insurance as it deems desirable with respect to this Agreement. Centel shall not be liable for
and Customer shall indemnify and hold Centel harmless from any and all claims,loss or damages of any
nature of any person, Including Customer, arising out of the use of or'Inability to use, breakdown of, or
interruption of communications through the Equipment, whether by itself or with other
including claims, loss, or damages for special, incidental or con Equipment,of
business or profits or for commercial loss of any kind, whether or not Centel has been ad advised loss the
possibility of such damages. •_
12. In the event Customer fails to pay any sums when due, Centel, in addition to all other
remedies available to it at law or in equity and not in limitation thereof, may at its option enter
Customer% premises with or without notice and take possession of and remove the Equipment, and
either (I)terminate this Agreement, retaining all sums paid, or (ii)dispose of the Equipment for
Customer's Account at the best price obtainable at public or private sale with Customer to remain
liable for any deficiency.
13. This Agreement is not assignable without the prior written consent of Centel. Any attempt
to assign any of the rights, duties or obligations under this Agreement without such consent will, at
Centel% option, be deemed void or a default, or accepted in Centel's sole discretion.
19. The waiver by Centel of any default by Customer will not operate as a waiver of any default
at any subsequent time.
15. Any provision of this Agreement which is in conflict with any applicable statute or
regulation shall be deemed null and void only to the extent that it may conflict therewith, and all other
provisions of this Agreement shall remain in full force and effect.
16. CUSTOMER AGREES THAT NO ORAL REPRESENTATION OF ANY SALES
REPRESENTATIVE, AGENT, OFFICER, OR EMPLOYEE OP CENTEL SHALL OPERATE TO VARY THE
WRITTEN TERMS HEREOF. This Agreement supersedes all prior or contemporaneous proposals or
representations made to Customer, and it constitutes the entire Agreement between the parties with
respect to the subject matter contained herein. No representation or statement not expressed herein is
binding. No modification shall be valid unless made in writing, referring to this Agreement, and
executed by an authorized representative of the party against whom enforcement is sought.
17. All notices given under this Agreement shall be in writing, served on a party in person or at
its address as specified herein by U.S. registered or certified mail, return receipt requested. Mailed
notice shall be effective the day after mailing.
7
Schedule A Mat&
Equipment
Customer : COUNTY OP Ogg
Address: S. K/NG STREBT
HILLSBOROUGB, NC
Telephone /: 919-732-8181
Contract Dete : JANUARY 1990
IN.PLACE SYSTEM ?UMW AQRB HT
IN-PLACE CABLE
IT IM 1: Human Reiourees Building to Central Telephone Co. Oftl.ce
400 pair cable, 24 gauge
usntit. Lqulapnt
3655 ft. 400 pair, 24 gauge buried cable
ITEM 2r Old agriculture Building to Central Telephone Co.
92.11.1115.X !quipmsnt
250 ft. 23 pair-24 gauge buried cable
50 ft. 50 pair-24 gauge buried cable
ITEM 3: Orange County Courthouse
Orange County Sheriff's Department
Orange County Tax Dept. I`
Orange County Jail
Orange County (Old Courthouse)
200 pair, 24 g
Two (2) P gnus cable
{
airentity E92011e2
334 ft. 200 pair, 24 gauge buried cable
(two (2) two hundred pair 24 gauge cables)
ITU 41 Orange County Courthouse
4uan ,tZ Soul.pMeet
174 ft. 200 pair, 24 gauge buried cable
(two (2) 200 pair 24 gauge buried cable)
io
8
SChedule A . ,� v
i,
Equipaent
Customer : =NTT OF OAS
Address: B. RING ST.
s LLSIOROUCa, NC
Telephone I: 919-732-6181
Contract Date: JANUARY 1990
XJ PLACE SYSTEM PIIRCgpgg AGREEMENT
1N-PLAGE CABLE
IT1t$ 4A. Sheriff's Dspartasst:
antic Equipment
116 ft. 50 pair, 24 gauge
116 ft. 100 pair, 24 gauge buried cable
ITIM 42: Tax Office:
rntit ct
942 ft. 100 pair, 24 gauge buried cable
MIN 4C: :ail
1astLty, !pima.
216 ft, 50 pair, 24 gage buried cable
ITEM 4D: Old Courthouse
Q►Iatitt *Nutriment
352 ft. 50 pair, 24 gauss buried cable
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No Jr-Z,
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 8 , 1990
SUBJECT: Budget Ordinance Amendment #6
DEPARTMENT Budget PUBLIC HEARING YES NO X
ATTACHMENT(S) INFORMATION CONTACT Budget
(1) Proposed Budget Ordinance Office, extension 490
Amendments TELEPHONE NUMBER
(2) NC Arts Council Contract Hillsborough 732-8181
(3) DSS Funding Authorization Chapel Hill 968-4501
(4) Notification of Jordan-Adams Mebane 227-2031
Allocations (1989-90) Durham 688-7331
(5) Notification of MCH Delivery
Fund Allocation
(6) Notification of Environmental
Health Programs
(7) Memos from Department on Aging
Director
PURPOSE: To approve proposed budget ordinance amendments.
BACKGROUND: (1) The Orange County Arts Commission has been awarded
a State Arts Grant from the North Carolina Arts
Council in the amount of $17 , 458 . These funds will
be used to provide grants to arts-oriented agencies
throughout the County.
(2) The Orange County Department of Social Services has
been awarded an additional Child Day Care allocation
from the Department of Human Resources. These funds
total $71, 584 .
(3) The Orange County Health Department has received
additional funding allocations from the State.
Sources of this funding include: Jordan Adams
allocations, Maternal Child Health Delivery Funds and
Environmental Health Funds. These funds total
$15, 054 and require no County match.
2
(4) The Orange County Department on Aging provides case
management services to eligible Medicaid recipients,
and is reimbursed for these services from the State.
It is anticipated that these reimbursements will
total $10, 180. This amendment will budget for the
anticipated revenues and expenditures related to this
program. No County match is required.
(5) The Orange County Department on Aging has received a
grant from the North Carolina Department of
Transportation to supplement existing elderly and
handicapped transportation programs. This contract
was approved by the Board of Commissioners on
November 6, 1989. The total amount of the
supplemental funding is $18, 948, and no County match
is required.
(6) Additional state funding has been awarded to the
Orange County Department on Aging for the following
programs: Senior Center (home repairs) , Care
Management (Respite) , and Transportation. The Board
of Commissioners approved this additional funding on
December 4 , 1989 . The total amount of the funding is
$31, 745 with no County match required.
RECOMMENDATION(S) : Approve amendment to the 1989-90 Budget Ordinance by
the proposed amendments.
3
ORANGE COUNTY
PROPOSED
1989-90 BUDGET AMENDMENTS
The 1989-90 Orange County Budget Ordinance, as amended, is hereby
amended as follows:
BEFORE AFTER
AMENDMENT AMENDMENT AMENDMENT
GENERAL FUND
(1) Source:
Intergovernmental $5, 310, 642 $ 17,458 $5, 328, 100
Appropriation:
Contributions to Outside 1, 812 , 063 17, 458 1,829,521
Agencies
To budget for Grassroots Grant from the North Carolina Arts
Council.
(2) Source:
Intergovernmental $5, 328 , 100 $ 71, 584 $5, 399,684
Appropriation:
Human Services 9, 070, 155 71, 584 9, 141,739
To budget for additional Child Day Care funding.
(3) Source:
Intergovernmental $5, 399, 684 $ 15, 054 $5,414,738
Appropriation:
Human Services 9 , 141, 739 15, 054 9,156,793
To budget for additional Health Department funding.
(4) Source:
Intergovernmental $5, 414 , 738 $ 10, 180 $5,424,918
Appropriation:
Human Services 9 , 156,793 10, 180 9, 166, 973
To budget for Medicaid reimbursements for the Department on Aging.
4
(5) Source:
Intergovernmental $5, 424 , 918 $ 18, 948 $5,443 ,866
Appropriation:
Human Services 9, 166, 973 18, 948 9, 185,921
To budget for NCDOT grant awarded to Department on Aging.
(6) Source:
Intergovernmental $5, 443 , 866 $ 31, 745 $5,475, 611
Appropriation:
Human Services 9, 185, 921 31,745 9,217, 666
To budget for state grants awarded to Department on Aging.
BUDGET AMENDMENT NUMBER: 6
Raleigh 5
North Carolina
:7611
010/733-2111
Ardath Goldtirein Wearer
,rc'or O!•
or Support Serv,crs
Mary 8 RrKao
SE P �j �98� Eaecurivr�:recror
1 G CO r Parnc pvrsr.
Secrerar, Drpa
nr CyltUra■RrSnurc UrCe.
Dear Grantee: Ia mesC \tu rr;n cnrr-
Srare or North Carvnna
The North Carolina Arts Council will award you the grant specified on the
attached sheet subject to the availability of funds from the North
Carolina Legislature and compliance with the following:
It is understood that you are in agreement with and will comply with the
attached North Carolina Arts Council's Grantee Requirements.
You must match this grant according to the project budget shown in
application or any subsequent approved revision of that budget. your
You must ensure that grant funds are not used for (1) personnel
positions, including but not limited to wages and benefits, (2) deficit
funding, including but not limited to expenses incurred prior to the
grant period, and (3) capital expenditures, including but not limited to
building, renovating, or remodeling facilities.
All published materials and announcements regarding this project should
contain the following special note:
N.1
this project is supported by a grant from the
Grassroots Arts Program of the North Carolina
Arts Council, a state agency.
If you agree to the terms outlined above and on the attached sheets,
please sign and return 3 copies of the attached sheet to this office as
soon as possible. An additional copy is enclosed for your records.
It is understood that you will return 3 copies of the contract no later
than October 16, 1989, or there may be a considerable delay in the
payment of these grant funds.
Acceptance of this award constitutes an obligation upon you to fulfill
the terms of this letter and the attachments.
Sincerely,
A J�C i4t, (. -Pao
A. Poston
Grants Officer
JAP/tak y�. s H STA l E FUNDS
Attachments
h1S ATTACH"!ENT TO THE N. C. ARTS COUNCIL CONTRACT LETTER OF SEPTEMEER 23 1939
'NCORPORATES THE TERMS OF THAT LETTER AND THE GRANTEE REQUIREMENTS REFERENCED
HEREIN
,A,ME Orange County Arts Commission
,PPLICANT OCACXX1
'AILING ADDRESS 300 West Tryon Street
P. O. Sox 8181
Hillsborough , NC 27278
:ONTACT PERSON Tinney, Wilma
:Di' TACT TITLE County Liaison
:OUNTY Orange
ISCAL AGENT
:RANT DEADLINE 01.15-89
,'PLICATIO+N/GRANT NUMBER9010049
,ECTION COMMUNITY
DEVELOPMENT
+RANT PROGRAM GRASSROOTS ARTS
WARDED 517, 458
.ROJECT SUMMARY/TITLEVarious projects and subgrants
,TIPULATIONS
.ASH EXPENSES 34916
,TART DATE 07-01-89
ND DATE 06-30-90
'EPORT DUE 07-30-90
•
E PROJECT AND TOTAL CASH EXPENSES ARE OUTLINEED IN DETAIL IN YOUR GRANT
PLICATION AND ALL N . C. ARTS COUNCIL APPROVED REVISIONS AND/OR
TACHMENTS; ANY SPECIAL STIPULATIONS ARE NOTED ON EITHER PAGE.
, ATURE OF AUTHORIZING OFFICIAL/AND TITLE LATE
'7 7 7 7'"'':':" 'I'ra': 6.6'7'76'V"4tt-
,IGNATURE OF CONTACT PER"N DATE
iIGNATURE OF FISCAL AGENT DATE
: IF NOT IRS TAX EXEMPT AND SHOWN ABOVE )
)E, . POSTON, GRANTS OFFICER
7
•
North Carolina Department of Human Resources
Division of Facility Services
701 Barbour Drive• Raleigh, N. C. 27603-2008
James G. Martin, Governor I. 0.Wilkerson, Jr.,Director
David T. Flaherty, Secretary Telephone
M E M O R A N D U M
TO: Selected Directors of County
artments of Social Services
FROM: K Frances F. Tomlin
Child Day Care Section Chief
DATE: October 30, 1989
Re: Child Day Care Funding Authorization For SFY 89-90
This memo describes your county' s new funding authorization for SFY
89-90 which includes your initial allocation plus a reallocated
amount based on your request and the available funds.
Your reallocation was reduced by a proportionate amount based on the
expectation that the Gramm-Rudman-Hollings Deficit Reduction Law will
cause a reduction in North Carolina' s Social Services Block Grant.
If the reduction does not occur, you will get an additional
reallocation at a later date. We felt that we needed to get this
reallocation out instead of waiting for the Gramm-Rudman decision to
be made.
Using your revised allocation, please complete Form DFS-0342C, which
is also enclosed. This form is designed to allow you to make
projections on your expenditure pattern throughout the four quarters
of the year. Please enter your actual first quarter expenditure
since that is already known to you.
By providing the Child Day Care Section with accurate projections,
your county can be assured that money will not be involuntarily
reverted because your spending pattern does not match projections .
Without your projections, we can only assume that your county spends
its allocation in four equal portions . Also, please indicate on the
form how many children you will now be able to serve within each of
the target populations. The form should be returned to the Child Day
Care Section by November 13 , 1989 .
If you have any questions, call Beth Hui, Nancy Wilson at (919 )
733-4801, or Sarah Moore at (919 ) 733-5644.
Enclosures
;G 11, , , - J 8
F U N D I N G A U T H O R I Z A T I O N
Issued To: Issued by:
The Department of Human Resources
Division of Facility Services
Child Day Care Section
ORANGE County Department of Social Services
Authorization: 1. Initial Allocation Effective Authorization
Child Day Care Funds Date of 4�
276,386 7-1-89 1
2. Annual Allocation 276,386
3. Add/Delete This Increment 71,584
4. Adjusted Annual Allocation 347,970
5. GRANT INFORMATION:
CHILD DAY CARE ALLOCATION
Obligations incurred and Expenditures made under this advice will be subject to
limitations published by Federal and State Agencies as to the availability of Funds
6. ALLOCATION DISTRIBUTION STATE FISCAL YEAR 7/1/89-6/30/90.
1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER
AUTHORIZED SIGNATURES -iv, ' & ff_ Date: /G//e//1y
-4(: !::).
DFS-0300 (Rev.5/85)
Fiscal Unit
9
NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
JORDAN-ADAMS ALLOCATIONS (FY 1989-90)
County/District Health Department
November 13 , 1989
GENERAL (14 0) $ 13 `k'
AIDS CONTROL (232 )
TUBERCULOSIS (240) Art .1
CDC-TUBERCULOSIS PROJECT ( 241)
ADULT HEALTH (510 ) III.
HYPERTENSION (512)
ARTHRITIS (513 )
CDC-DIABETES ( 514 )
HEALTH PROMOTION ( 516) 19 Co
RENAL DISEASE PREVENTION (520 )
HOME HEALTH (521)
CANCER CONTROL ( 522 )
MIGRANT HEALTH ( 523 )
REFUGEE HEALTH (FED. ) ( 524)
REFUGEE HEALTH (DSS) ( 525 )
EPILEPSY (526 )
NUTRITION T. XX ( 610 )
WIC ADM. ( 611 )
WIC ED. ( 612 )
SICKLE CELL ( 620 )
CHILD HEALTH ( 631) 2, 011
MATERNAL HEALTH ( 632)
ADOLESCENT HEALTH ( 633 )
CHILDHOOD INJURY PREVENTION ( 634 )
FAMILY PLANNING ( 640 ) 1 ) 1-1r0
D.E.C. ( 650 )
CSHS/CARDIOLOGY ( 661 )
CSHS/NEUROLOGY (662 )
CSHS/ORTHOPEDIC ( 663 ) I 'I
CSHS/SPEECH & HEARING ( 664)
MOSQUITO CONTROL ( 820 )
DEHNR 292 (11/89)
Purchase & Contract (Review 11/90)
10
North Carolina Department of Human Resources
Division of Health Services
P.O. Box 2091 • Raleigh, North Carolina 27602-2091
James G. Martin, Governor Ronald H. Levine,M.D., M.P.H.
David T. Flaherty,Secretary State Health Director
November 14, 1989
MEMORANDUM
TO: Local Health Director ,
FROM: Jimmie L. Rhyne, M.D. , MPH, Chief
Maternal and Child Health Section
SUBJECT: FY 1989-90 MCH Delivery Fund Allocation
Your original MCH budgetary guidance for FY 1989-90 did not include an
allocation for MCH Delivery Funds. The amount of MCH Delivery Funds available
for use statewide is $240,000. This equals the level of funding initially
allocated last fiscal year.
The Orange County Health Department's allocation for FY 1989-90
is $3,405 . This amount was calculated based upon a $300 minimum
allocation for each county and each health department's utilization of MCH
Delivery Funds during last fiscal year. Also, various man4gement
considerations including recommendations from regional staff were taken into
account in this process.
Please prepare a budget revision increasing your Maternal Health Activity
Budget by the above amount and submit it by January 15, 1990. If you are
unable to utilize your allocation or choose not to accept the allocation for
any reason, please notify your Regional MCH Nursing Consultant as soon as
possible. Other health departments will be able to use additional funds.
Please remember also that MCH Delivery Fund rules regulate the use of these
funds and the MCH Delivery Fund Annual Report for FY 1989-90 will be due in
August of 1990.
If you have any questions, please do not hesitate to contact Jess L. Berman
at (919) 733-7791.
JLR/JLB/mf d
cc: Regional Administrative Consultants
Regional MCH Supervisors
Regional MCH Nursing Consultants
Mr. Rodney Hobbs
Dr. Ann Wolfe
17
•
r .
;ter.
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Health
P.O.Box 27687 • Raleigh.North Carolina 27611-7687
James G.Martin.Governor Richard K. Rowe
William W.Cobey,Jr.,Secretary Director
October 27, 1989
MEMORANDUM
TO: Local Health Directors
_i) )
i
FROM: Richard K. Rowe, Director,
1 ) �
SUBJECT: Funds for Environmental Health Programs
and Services at the Local Level
The N. C. General Assembly has ratified legislation allowing each county
health department to receive funds for environmental health programs. This year
$6000 per county will be available. Completion of DHS Forms 2948 and 3300 will be
used as a way to initiate the process of allocating these funds. As soon as
possible, please complete the enclosed forms, including signatures for your county
finance officer and you, and return them to the Division of General Services.
In determining objectives to be achieved as a result of this funding, you
should consider that the funds were appropriated to support local environmental
health programs which have been given by the legislature to local health
departments for implementation.
The funds for the 1989-90 year for training in environmental health programs
should be one of the top priorities. We have discussed the needs for personnel to
be up to date in all environmental programs and this would certainly help in
getting environmental health staff educated. Other appropriate uses include: (1)
salary adjustments for sanitarians; (2) computer hardware and software; (3)
clerical support for environmental health; (4)• environmental health related
audiovisual aids and equipment; (5) environmental health technical journal
subscriptions and reference books; and (6) technical equipment such as engineer
tevc>ts, - tr_ipods, rods, concrete testing rebound hammers, metal detectors, sludge
judges, pocket pH meters, recording thermometers, water activity meters,
pasteurization equipment testing equipment, and black lights. Of course, there are
other uses which would also be quite acceptable. In any event, it should be
remembered that this appropriation is for environmental programs and development of
personnel to carry these out.
An Equal Opportunity Affirmative Action Employer
12
TO: County Budget Office
From: Jerry ��J
rry M. F'assmor� A ing Director
Date: December 19, 1 . 89
Re: DOA Budget Amendment #1 to incorporate State Medicaid Funds
for DOA Case Management Services.
This is to request Dept. on Aging budget amendment #1 to include
the state Medicaid reimbursement funds anticipated from Provider
Agreement for Case Management service to State Community Alternatives
Program and additional required expenditures. This service is
coordinated with the DOA Care Management funded with OAA Title III-B
funds. Thus, DOA bills the appropriate agency (COG- Title III or
EDS- Medicaid) depending on the clients situation and funding source
requirements. DOA is reimbursed by EDS at $95 per initial assessment
and $4 : per Case management hour. DOA Director monitors closely the
reimbursement revenue in order to cover all additional expenses.
See attached signed provider agreement.
Please establish 'the following Revenue account and amount for tracking
separate state fund program income.
Rev. Acct. Tax Acct. Description
Incr. Amount
XAG-17 St. Medicaid Reimb. (Case Mgt ) in
, 180
Total $ 10, 180
Please distribute the $10, 180 in the following expenditure accounts.
Acct Number Description Incr. Amount
10-675-(x)10 DOA Care Mgt. -Temp Pers r
1 0-475-005x0 DOA Care Mgt. -Soc. Security J 428
10-675-10e:)} DOA Care Mgt. -F'ersonal_.Mi loge 820
10-675-18(:)1 DOA Care Mgt. -Printing
10-675-2201 DOA Care Mgt. -Prof. Contract Services 1 , 000
10-675-7401 DOA Care Mgt. -Capital , Equip.
1 , 649
Total $ 10, 180
FN: BudAmenl . Doc
1]
TO: County Budget Office
From: Jerry M. F'assm , ' .ging Director
Date: December 19, 1989
Re: DOA Budget Amendment #2 to incorporate State Elderly and
Handicapped Transportation Assistance Program Funds (E&H TAP)
This is to request Dept. on Aging budget amendment #2 to include
the new state funds approved by the County Commissioners on
November 6, 1989. See attached application and signed participation
statement.
Please establish the following Revenue and Tax accounts and amounts for
tracking separate state fund program income.
Rev. Acct. Tax Acct. Description
Incr, Amount
XAG- St. Elderly/Handi . . Tran. Assistance Frog 18, 948
Total $ 18, 948
Please distribute the $18, 946 in the following expenditure accounts.
DOA plans to operate CAT vehicles as well as use outside agencies.
and private taxi service.
Acct Number Description
Incr. Amount
10-677-0010 i St. E&H Trans-- Temp Pers
.10-677-0050 St. E&H Trans- Soc. Security 7, 800 6
10-677-1701 St. E&H Trans- Re 586
lei- � p' "& Maint.
67-1.702 St. E&H Trans- Gas & Oil
10-677-1714 St. E&H Trans- Motor Pool 700
10.677-1801 St. E&H Trans- Printing
10-677-1901 v. 1100
St. E&H Trans- Advertising -
1 t_i-677-21 i�2 St. E&H Trans- Office Supply 100
10-677-2201 St. E&H Trans- Prof . Contract Services 1 . 000
10-677-5501 St. E&H Trans- Bus Passes
1 , 462
Total $ 18, 948
FN: BudAmen2. Doc
J._!,
TO: County Budget Office
From: Jerry M. F�assm—P ng Director
Date: December 19, 1989
Re: DOA Budget Amendment #7 to incorporate State Funds from
Revised COG Contract
This is to request Dept. on Aging budget amendment to include
the new state funds approved by the County Commissioners on
December 4, 1989. See revised COG signed contract.
Please establish the following Revenue and Tax accounts and amounts for
tracking separate state fund program income and required client -Fees.
Rev. Acct. Tax Acct. Description Incr. Amount
XAG- 16 St. Title III-D -home repairs $ 2, 307
XAG- St. Caregiver Sup. -Respite 7, 050
XAG_ - St. SSBG Respite 3, 454
XAG- St. In Home - Chore 8, 08
XAG- St. Caregiver Sup. Med. Trans. 6, 000
XAG-- St. Sr. Ctr Outreach Fund 3, 739
XAG- St. Respite Client Fees 787
10550055 XAG- 12 Misc. Restricted Donations 100
$ 31 , 745
Please distribute the $31 , 745 in the following expenditure accounts
and establish the three professional contract accounts for respite
and chore.
Acct Number Description Incr. Amount
10-671-2150 Cr. Ctr. - Other Supply 2, 707
10-675- Care Mgt- Contract St Caregiver Respite 7, 522
10-675- Care Mgt- Contract St SSBG Respite 7, 769
10-675- Care Mgt- Contract St Chore 8! .306
10-674-0010 Aging Trans- Temp Fers 7, 658
10-674--0050 Aging Trans- Soc. Security 275
10-674-1714 Aging Trans- Motor Pool y, n67
10-674-2102 Aging Trans- Office Supply 100
10-676-0010 Aging Outreach-Temp Pers 2, 265
10-676-0050 Aging Outreach-Soc. Security 174
10-676-1002 Aging Outreach-Personal Milage 500
10-676-1801 Aging Outreach- Printing Boo
$ 31 , 745
FN: BudAmen3. Doc
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No F-3
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 8, 1990
SUBJECT: Grant Project Ordinance Amendment - Section 8 Program Grant -
1989
DEPARTMENT Budget PUBLIC HEARING YES NO X
ATTACHMENT(S) INFORMATION CONTACT Budget
Proposed Grant Project Office, extension 490
Ordinance Amendment TELEPHONE NUMBER
Hillsborough 732-8181
Chapel Hill 968-4501
Mebane 227-2031
Durham 688-7331
PURPOSE: To approve proposed grant project ordinance amendment for the
1989 Section 8 Program Grant.
BACKGROUND: Orange County Housing and Community Development has been
awarded an additional allocation from Housing and Urban
Development for the Existing program. The Board of
Commissioners approved this grant on November 6, 1989.
This grant addition totals $372, 074.
RECOMMENDATION(S) : Approve motion to adopt the 1989 Section 8 Program
Grant Project Ordinance Amendment.
2
GRANT PROJECT ORDINANCE AMENDMENT
SECTION 8 PROGRAM GRANT - 1989
Be it ordained by the Board of Commissioners that pursuant to Section
13.2 of Chapter 159 of the General Statutes of North Carolina the
ordinance adopting the "Section 8 Program Grant - 1989 Grant Project"
is hereby amended as follows:
Section 1. Section 3 of the above mentioned ordinance is
amended to read as follows:
Existing $1,593, 629
Moderate Rehab 257,848
Voucher 90, 273
Total Revenues $1,941,750
Section 2. Section 4 of the above mentioned ordinance is
amended to read as follows:
Rental Assistance - Existing $1,507,926
Rental Assistance - Mod Rehab 236,388
Rental Assistance - Voucher 90,273
Administration - Existing 85,703
Administration - Mod Rehab 21,460
Total Appropriations $1,941,750
Adopted this 8 day of January, 1990.
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No F-If_
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 8, 1990
SUBJECT: Remapping Capital Project Ordinance Amendment
DEPARTMENT Budget PUBLIC HEARING YES NO X
ATTACHMENT(S) INFORMATION CONTACT Rod Visser,
Proposed Remapping Capital Project extension 492
Ordinance Amendment TELEPHONE NUMBER
Hillsborough 732-8181
Chapel Hill 968-4501
Mebane 227-2031
Durham 688-7331
PURPOSE: To appropriate additional revenues that have accrued to
the Remapping Project.
BACKGROUND: Since this capital project ordinance was first adopted,
the project has received additional revenue from a
number of sources, including State grant funds already
accepted by the Board of Commissioners and charges for
services to municipalities participating in the project.
This amendment would appropriate the additional revenues
and permit additional progress under Phases IV and V of
the project.
RECOMMENDATION(S) :
Approve the proposed capital project ordinance
amendment.
2
REMAPPING PROJECT
CAPITAL PROJECTS ORDINANCE AMENDMENT
Be it ordained by the Board of Commissioners that pursuant to
Section 13 .2 of Chapter 159 of the General Statutes of North
Carolina the ordinance adopting the "Remapping Project" is
hereby amended as follows:
section 1. Section 3 of the above mentioned ordinance is
amended to read as follows:
Transfer From General Fund $ 119,946
Transfer From County Capital
Reserve 353 , 021
State Grant 72 ,419
Charges for Services 57, 195
Miscellaneous 3 , 905
Total Revenues $ 606,486
Section 2 . Section 4 of the above mentioned ordinance is
amended to read as follows:
Remapping Project 606,486
Total Appropriations $ 606, 486
Adopted this 8 day of January, 1990.
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No 1:-.5
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 8, 1990
SUBJECT: Public Hearing on Capital Improvement Plan (CIP) for 1990-95
DEPARTMENT Budget PUBLIC HEARING YES X NO
ATTACHMENT(S) None INFORMATION CONTACT Rod Visser
ext 492
TELEPHONE NUMBER
Hillsborough 732-8181
Chapel Hill 968-4501
Mebane 227-2031
Durham 688-7331
PURPOSE: To set a public hearing for the purpose of receiving comments
from Orange County citizens concerning the proposed Capital Improvement
Plan for 1990-95.
BACKGROUND: The County Manager and staff are developing a set of
funding recommendations for County and school capital projects for the
next five years. These will be presented to the Board of Commissioners
at the regular Board meeting on January 23, 1990 for their
consideration. A public hearing should be conducted to obtain the
views of citizens on the recommended funding priorities and levels in
the CIP for 1990-95. The establishment of the public hearing date at
the January 8 meeting will provide ample opportunity to notify the
public of the proposed February 5 hearing date.
RECOMMENDATION(S) : To approve setting a public hearing for February 5,
1990, at 7: 30PM in the Old Courthouse.
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No._�k
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 8, 1990
SUBJECT: Contract Award - Rencher Street CDBG Public Facilities
Improvements
DEPARTMENT: Housing/Community Dev. PUBLIC HEARING YES: NO: x
ATTACHMENT(S) : INFORMATION CONTACT: Tara L. Fikes
Contract (under separate cover)
TELEPHONE NUMBER-
Hillsborough - 732-8181
Chapel Hill -- 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To execute a contract for public facilities improvements in
the Rencher Street CDBG Area with Billings and Garrett ,
Inc. for $282, 083 . 00 .
BACKGROUND: A main activity of the Rencher Street CDBG Program is the
provision of the following public facility improvements:
water and sewer installation and street paving. The bid for
this construction work was awarded by the Board on Tuesday,
December 19, 1989 to Billings and Garrett, Inc. of Raleigh,
N.C. .
Execution of the contract document with this firm will
allow construction to begin according to the County 's
project schedule.
RECOMMENDATION(S) :
Approve the execution of the Public Facilities Improvement
Contract with Billings and Garrett in the amount of
$282, 083 contingent upon staff and attorney review and
authorize the Chair to sign the document on behalf of the
Board.
1
ORANGE C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date January 8, 1990
Action Agenda
Item # F -'7
SUBJECT: SUBDIVISION REGULATIONS TEXT AMENDMENT
(SECTION II DEFINITIONS)
DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: Emily Crudup
Extension 574
Proposed Amendment
11-1-89 Letter from Town of Carrboro
11-1-89 Letter from Town of Chapel Hill
11-27-89 Public Hearing Minutes
12-18-89 Draft Planning Board Minutes
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: To consider an amendment to Section II of the
Subdivision Regulations which will add language to the
definition of "subdivision" to be more consistent with
State enabling legislation and to clarify standards
for lots resulting from the combination or
recombination of existing lots .
BACKGROUND: The definition of subdivision in Section II of the
Subdivision Regulations follows the language of the
North Carloina General Statutes and contains a list of
exceptions to the regulations .
The words, "portions of, " have been added to the
description of combinations and recombinations to be
more consistent with the wording in the General
Statutes. According to the definition, combinations
and recombinations are exempt from the regulations
provided "the total number of lots is not increased
•
2
and the resultant lots are equal to or exceed the
standards of the County as shown in its subdivision
regulations . "
The applicable standards for resultant lots have been
specified as 1) minimum lot size and lot width, 2 )
access to a public road, and 3) evaluation of septic
tank disposal sites by the Health Department, or
notice of restricted development potential. The
purpose of listing these standards is to make clear
the intent that recreation and landscape requirements
are not applicable to combinations and recombinations
since the number of lots is not increased.
No citizen comments were received on this item at the
public hearing on November 27, 1989 . On December 18,
1989, the Planning Board recommended approval of the
amendment to Section II of the Subdivsion Regulations.
RECOMMENDATION: Administration recommends approval of the proposed
amendment.
3
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: SUBDIVISION REGULATIONS
REFERENCE: SECTION II - DEFINITIONS
ORIGIN OF AMENDMENT: Staff Planning Board
BOCC Public
Other: County Attorney
STAFF PRIORITY RECOMMENDATION: High X Middle Low
Comment:
EXPECTED PUBLIC HEARING DATE: November 27, 1989
PURPOSE OF AMENDMENT:
To add language to the definition of "subdivision" to provide
consistency with State enabling legislation and to clarify
standards for lots resulting from the combination or recombi-
nation of existing lots .
IMPACTS/ISSUES:
The State enabling legislation gives the County the
authority to regulate subdivision activity within its
jurisdiction. The definition of subdivision in Section II of
the Subdivision Regulations follows the language of the North
Carloina General Statutes. It contains a list of exceptions
which are not included in the definition of subdivision and
are not subject to the regulations .
The words, "portions of" has been added to the description of
combinations and recombinations to be more consistent with
the wording in the General Statutes. According to the defini-
tion, combinations and recombinations are exempt from the
regualtions provided "the total number of lots is not
increased and the resultant lots are equal to or exceed the
standards of the County as shown in its subdivision regula-
tions. "
The applicable standards for resultant lots have been speci-
fied as 1) minimum lot size and lot width, 2) access to a
public road, and 3) evaluation of sewage disposal sites by
the Health Department, or notice of restricted development
potential. The purpose of listing these standards is to make
clear the intent that recreation and landscape requirements
are not applicable to combinations and recombinations since
the number of lots is not increased.
EXISTING AND PROPOSED ORDINANCE PROVISIONS:
4
*Amended *SUBDIVISION - "Subdivision means all divisions
4-1-85 of a tract or parcel of land into two or more
lots, building sites, or other divisions for
the purpose of sale or building development
(whether immediate or future) and includes all
division of land involving the dedication of a
new street or a change in existing streets;
however, the following is not included within
the definition and is not subject to any
regulations pursuant to this part.
( 1) The recombination or combination of
portions of previously subdivided and
recorded lots if the total number of lots
is not increased and the resultant lots
are equal to or exceed the standards of
the County as shown in its subdivision
regulations;
Resultant lots, as referred to herein
shall be deemed to equal standards of the
Orange County Subdivision Rec7ulations if
the following standards are met:
a, dimensional requirements pertaining
to lot area and lot width only,
b. access to a public road, either
direct, or by recorded easement,
o. approval by the Orange County Health
Department of a site suitable for
sewage disposal. Where soil is
unsuitable for sewage disposal, or
soil suitability is undetermined, a
notice of restricted development
potential shall be submitted and
the lot(s) in question shall be so
noted on the plat.
(2) The division of land into parcels greater
than 10 acres if no street right-of-way
dedication is involved;
(3) The public acquisition by purchase of
strips of land for widening or opening
streets; and
(4) The division of a tract in single
ownership of the entire area of which is
no greater than two acres into not more
than three lots, if no street right-of-
way dedication is involved and if the
5
resultant lots are equal to or exceed the
standards of the County as shown by its
subdivision regulations.
**********************************
ORDINANCE REVIEW SUBCOMMITTEE: 10/4/89
PLANNING BOARD REVIEW:
BOCC REVIEW:
a ECEIVE D 6
P.O Box 337
arrboro 301 West Man Street
Carrboro, North Carolina 27510
N.C. (919) 968-7700 (919)942-8541
November 01, 1989
Ms. Emily Crudup, ASLA
Planner II
Orange County Planning Department
306-F Revere Road
Hillsborough, North Caroilna 27278
RE: Courtesy Review of Amendments
to the Orange County
Subdivision Regs (10/89)
Dear Emily:
Thank you for sending me a set of the proposed amendments to
Orange County's Subdivision Regulations for review and comment. I
have completed my review and have no substantive comment to offer
since these changes attempt to further clarify your existing
regulations and have no direct affect on Carrboro's Joint
Planning interest.
Again, thank you for the opportunity to review and comment
on your proposed changes.
Sincerellr,
Roy M. 1Williford
Planni-n & Ecorr• •- c Development
RMW/7 es
7
TOWN OF CHAPEL HILL o E C E I V E
306 NORTH COLUMBIA STREET D
CHAPEL HILL, NORTH CAROLINA 27516
Telephone(919)968-2700
November 1, 1989
Ms. Emily Crudup, ASLA
Orange County Planning Dept.
306F Revere Rd.
Hillsborough, NC 27278
Re: Courtesy Review of Proposed Amendments tot he Orange County Subdivision
Regulations ti _
Dear M rudup:
Thank you for providing an opportunity for the Chapel Hill Planning Department
to review and comment on the four (4) proposed amendments to the Orange County
Subdivision Regulations. I understand these items are scheduled to be
presented at the public hearing on November 27, 1989. Because these proposed
amendments do not appear to have an impact on the Joint Planning Agreement, we
have no comments to offer at this time.
Thank you again.
Sincerely,
Roger S. Waldon, AICP
Planning Director
cc: Roy Williford, Carrboro Planning Director
RSW/gps
��1Z718� Fi�13UG (-��dC2113C� Ml1lUt�-� 4'
A 1 T If 8
for a recommendation to be returned to the Board of Commissioners
no sooner than January 8, 1990.
VOTE: UNANIMOUS
3. Subdivision Regulations Text Amendments
a. Section IV-C--2 - Interim Development Standards
This item was heard concurrently with Item 2 a.
b. Section II - Definitions
This presentation was made by Emily Crudup. The purpose
of this presentation was to receive citizen comment on an amendment
to Section II of the Subdivision Regulations which will add
language to the definition of "subdivision" to be consistent with.
State enabling legislation and to clarify standards for lots
resulting from the combination or recombination of existing lots.
The definition of subdivision in Section II of the Subdivision
Regulations follows the language of the North Carolina General
Statutes and contains a list of exceptions to the regulations.
The words, "portions of, " have been added to the description
of combinations and recombinations to be more consistent with the
wording in the General Statutes. According to the definition,
combinations and recombinations are exempt from the regulations
provided "the total number of lots is not increased and the __
resultant lots are equal to or exceed the standards of the County
as shown in its subdivision regulations. "
The applicable standards for resultant lots have been
specified as 1) minimum lot size and lot width, 2) access to a
public road, and 3) evaluation of sewage disposal sites by the
Health Department, or notice of restricted development potential.
The purpose of listing these standards is to make clear the intent
that recreation and landscape requirements are not applicable to
combinations and recombinations since the number of lots is not
increased.
Subdivision means all divisions of a tract or parcel of land
into two or more lots, building sites, or other divisions for the
purpose of sale or building development (whether immediate or
future) and includes all divisions of land involving the dedication
of a new street or a change in existing streets; however, the
following is not included within the definition and is not subject
to any regulations.
THERE WERE NO COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING
BOARD, OR CITIZENS ON THIS ITEM.
A motion was made by Commissioner Willhoit, seconded by
Commissioner Marshall, to refer this item to the Planning Board for
a recommendation to be returned to the Board of Commissioners no
sooner than January 8, 1989.
n
D e 9
VOTE: UNANIMOUS
c. Section III-D-2-c/d - Preliminary Plat Review
Procedures
This presentation was made by Emily Crudup. The
purpose of this presentation was to receive citizen comment on an
amendment to Section III-D--2-c/d of the Subdivision Regulations to
establish a minimum time period within which recommendations from
the Planning Board will be transmitted to the Board of County
Commissioners.
Currently there is no time limit on the period between the
time the Planning Board makes its recommendation and when the
Commissioners take action on a preliminary plan. A time limit is
necessary so that the projects are not delayed indefinitely between
meetings.
THERE WERE NO COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING
BOARD OR CITIZENS
A motion was made by Commissioner Willhoit, seconded by
Commissioner Carey, to refer this item to the Planning Board for
a recommendation to be returned to the Board of Commissioners no
sooner than January 8, 1990.
VOTE: UNANIMOUS
d. Section III-D-2-e - Preliminary Plat Approval
This presentation was made by Emily Crudup. The purpose
of this
presentation was to receive citizen comment on an amendment
to Section III-D-2-e of the Subdivision Regulations to allow
subdividers to request amendments to phasing plans.
The proposed amendment will authorize the Board of County
Commissioners to amend, at its discretion, the phasing plans of
major subdivisions. . The new text will list the factors which must
be considered when an applicant requests an amendment to a phasing
plan. The proposed addition to Section III-D-2-e will provide a
remedy for development plans on which the 12-month time limit has
expired or is about to expire.
MERE WERE -NO QUESTIONS OR COMMENTS FROM THE BOARD OF
COMMISSIONERS, PLANNING BOARD OR CITIZENS.
A motion was made by Commissioner Willhoit, seconded by
Commissioner Hartwell, to refer this item to the Planning Board for
a recommendation to be returned to the Board of Commissioners no
sooner than January 8, 1990.
VOTE: UNANIMOUS
e. Section IV-B-1 - Lot Standards
presentation citizen The purpose
of this presentat on wato rece ve comet nt on an amendment
pepo is_ ig- 89 m mutt--S
%0
AM
Planning Staff . Seconded by Best.
VOTE: Unanimous .
David Stancil gave an update on the Durham-Chapel
Hill-Carrboro Thoroughfare Plan (memo an
attachment to these minutes on page ) -
b. Subdivision Regulations Text Amendments
( 1 ) Section IV-C-2 Interim Development
Standards (Considered with Item #a( 1 ) .
(2 ) Section II - Definitions
Presentation by Emily Crudup.
(A copy of the abstract an attachment to these
minutes on pages . )
MOTION: Eidenier moved approval as recommended by the
Planning Staff. Seconded by Best.
VOTE: 7 in favor.
1 opposed (Yuhasz - could see the need for a
change, but was not sure this change was the
best. Would prefer to ask questions of the
County Attorney before making such a decision. )
(3 ) Section III-D--2-c/d - Preliminary Plat
Review Procedures
Presentation by Emily Crudup.
(A copy of the abstract an attachment to these
minutes on pages . )
There was considerable discussion about what
would happen if the staff did not meet the time
requirements .
Yuhasz felt that there should be some wording to
cover such a possibility as staff not adhering to
the time guidelines .
Waddell suggested that staff provide wording to
cover such a possibility.
MOTION: Best moved approval as recommended by the
Planning Staff. Seconded by Hamilton.
Yuhasz suggested an amendment to the motion:
The Board of Commissioners shall receive the
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date January 8, 1990
Action Agenda
Item # F-8
SUBJECT: SUBDIVISION REGULATIONS TEXT AMENDMENT
(SECTION III-D-2-c/d PRELIMINARY PLAT REVIEW PROCEDURES)
DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: Emily Crudup
Extension 574
Proposed Amendment
11/1/89 Letter from Town of Carrboro
11/1/89 Letter from Town of Chapel Hill
11/27/89 Public Hearing Minutes
12/18/89 Planning Board Minutes TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: To consider an amendment to Section III-D-2-c/d of the
Subdivision Regulations to establish a minimum time
period within which recommendations from the Planning
Board will be transmitted to the Board of County
Commissioners .
BACKGROUND: Currently there is no time limit on the period between
the time the Planning Board makes its recommendation
and when the Commissioners take action on a prelimina-
ry plan. A time limit is necessary so that projects
are not delayed indefinitely between meetings .
No citizen comments were received when the amendment
was presented at public hearing on November 27, 1989 .
The amendment was considered by the Planning Board on
December 18, 1989 . The Planning Board agreed with the
45-day deadline suggested by the Planning Staff, but
recommended additional language to clarify when the
45-day period begins:
The Board of Commissioners shall receive the
Planning Department's report and the Planning
Board's recommendation within forty-five (45) days
2
of the Planning Board meeting at which the
application is forwarded to the Commissioners .
RECOMMENDATION: The Administration recommends approval of the proposed
amendment per the Planning Board's recommendation with
the additional wording as underlined below.
The Board of Commissioners shall take action on the
proposal within forty-five (45) days of the close of
the County Commissioners meeting at which the Planning
Board's recommendation is submitted to it. . . .
The addition clarifies at whose meeting the 45-day
time period begins.
3
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: SUBDIVISION REGULATIONS
REFERENCE: SECTION III-D-2-c/d PRELIMINARY PLAT
REVIEW PROCEDURES
ORIGIN OF AMENDMENT: Staff Planning Board
BOCC Public
X Other: County Attorney
STAFF PRIORITY RECOMMENDATION: High Middle X Low
Comment:
EXPECTED PUBLIC HEARING DATE: November 27, 1989
PURPOSE OF AMENDMENT:
To establish a minimum time period within which
recommendations from the Planning Board will be transmitted
to the Board of County Commissioners .
IMPACTS/ISSUES:
Once a preliminary plan application has been accepted as
complete, the Planning and Inspections Department must submit
its report to the Planning Board within 85 days, unless the
applicant requests an extension of that deadline. The Plan-
ning Board prepares its recommendations within 45 days of the
meeting at which the Planning Staff presents its report. When
the Board of Commissioners receives the Planning Board' s
recommendation, it has 45 days to take action on the prelimi-
nary plan. Currently there is no time limit on the period
between the time the Planning Board makes its recommendation
and when the Commissioners receive the recommendation. A time
limit is necessary so that projects are not delayed
indefinitely between meetings .
EXISTING AND PROPOSED ORDINANCE PROVISIONS:
III-D-2. Preliminary Plat Approval
III-D-2-a. Application Requirements
III-D-2-b. Planning Department Review Procedures
4
III-D-2-c. Planning Board Review Procedures
The Planning Board shall review the application
and the Planning Department's report and shall
prepare a written recommendation to the Board of
Commissioners . All interested persons shall be
given the opportunity to speak and ask questions
regarding the application. The Planning Board
may place reasonable and fair limitations on
comments, arguments and questions to avoid undue
delay.
The Planning Board shall take action on the
application solely on its findings as to
compliance with applicable regulations and
conditions and shall :
( 1) Recommend approval of" the application;
(2 ) Recommend approval subject to conditions; or
(3) Recommend denial of the application.
The Planning Board shall prepare its
recommendations within forty-five (45) days of
the meeting at which the Planning Department's
report is submitted to it or within such further
time consented to in writing by the applicant.
If the Planning Board fails to prepare its
recommendation to the Board of Commissioners
within the specified time period, or extensions
thereof, the Planning Board shall be deemed to
conditionc have advanced the application without
recommendation.
If the Planning Board approves the application
subject to conditions, such conditions shall be
reasonable and shall seek to insure compliance
with applicable regulations and the provision of
utilities and/or other facilities needed to serve
the proposed development. If the Planning Board
recommends approval of the application with
conditions, the applicant may amend his/her
application to conform to all or some of the
conditions, provided the Planning Department
reviews the amended application for compliance
with applicable regulations and certifies that
the amendments conform to the conditions of the
Planning Board recommendation. In such cases,
the Planning Department may amend its report to
conform to any or all of the Planning Board's
recommendations . The Planning Department shall
then forward its report and the Planning Board's
recommendation to the Board of Commissioners at
its next available regularly scheduled meeting. 5
III-D-2-d. Board of Commissioners Review and Approval
Procedures
The Board of Commissioners shall receive the
Planning Department' s report and the Planning
Board's recommendation as soon as practical after
the Planning Board meeting at which the applica-
tion was presented.
After receiving the Planning Department's report
and the Planning Board's recommendations or, if
'applicable, the expiration of the time period
- - _ = the Board of
Commissioners shall consider the application and
take action on the proposal. All interested
persons shall be given the opportunity to speak
and ask questions regarding the application. The
Board of Commissioners may place reasonable and
fair limitations on comments, arguments and
questions to avoid undue delay.
The Board of Commissioners shall base its action
on its findings as to conformity with all
applicable regulations and shall:
( 1) Approve the application;
(2 ) Approve the application subject to
conditions; or
(3) Deny the application.
The Board of Commissioners shall take action on
the proposal within forty-five (45) days of the
close of th nr ing° gt which the Planning
Board's recommendation is submitted to it or
within such further time consented to in writing
by the applicant. If the Board of Commissioners
fails to take action within the specified time
period, or extensions thereof, the Board of
Commissioners may be deemed to approve the appli-
cation without conditions.
**********************************
ORDINANCE REVIEW SUBCOMMITTEE: 10/4/89
PLANNING BOARD REVIEW:
BOCC REVIEW:
• 6
❑ E .+l IVE� P.p.Box 337
/ ' D 301 West Main Street
EarrbN°.rC°. Carrboro, North Carolina 27510
(919)968-7700 (919)942-8541
November 01, 1989
Ms. Emily Crudup, ASLA
Planner II
Orange County Planning Department
306-F Revere Road
Hillsborough, North Caroilna 27278
RE: Courtesy Review of Amendments
-to the Orange County
Subdivision Regs (10/89)
Dear Emily:
Thank you for sending me a set of the proposed amendments to
Orange County's Subdivision Regulations for review and comment. I
have completed my review and have no substantive comment to offer
since these changes attempt to further clarify your existing
regulations and have no direct affect on Carrboro' s Joint
Planning interest.
Again, thank you for the opportunity to review and comment
on your proposed changes.
Sincere-IV ,
- c
/de
Roy M.gillifor.d
Planni-n & Ecorl• c Development
Director
RMW/j e s
TOWN OF CHAPEL HILL RECEIVE
Li' 7
306 NORTH COLUMBIA STREET
CHAPEL HILL. NORTH CAROLINA 27516
Telephone(919)968-2700
November 1, 1989
Ms. Emily Crudup, ASLA
Orange County Planning Dept.
306F Revere Rd.
Hillsborough, NC 27278
Re: Courtesy Review of Proposed Amendments tot he Orange County Subdivision
Regulations
61.10-1
Dear M rudup:
Thank you for providing an opportunity for the Chapel Hill Planning Department
to review and comment on the four (4) proposed amendments to the Orange County
Subdivision Regulations. I understand these items are scheduled to be
presented at the public hearing on November 27, 1989. Because these proposed
amendments do not appear to have an impact on the Joint Planning Agreement, we
have no comments to offer at this time.
Thank you again.
Sincerely,
Roger S. Weldon, AICP
Planning Director
cc: Roy Williford, Carrboro Planning Director
RSW/gps
II/27/81 Rig LU C WA4.17-04 G M I N' TES
D1 _ 10
VOTE: UNANIMOUS
c. Section III-D-2--c/d - Preliminary Plat Review
Procedures
This presentation was made by Emily Crudup. The
purpose of this presentation was to receive citizen comment on an
amendment to Section III-D-2-c/d of the Subdivision Regulations to
establish a minimum time period within which recommendations from
the Planning Board will be transmitted to the Board of County
Commissioners.
Currently there is no time limit on the period between the
time the Planning Board makes its recommendation and when the
Commissioners take action on a preliminary plan. A time limit is
necessary so that the projects are not delayed indefinitely between
meetings.
. .
THERE WERE NO COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING
BOARD OR CITIZENS
A motion was made by Commissioner Willhoit, seconded by
Commissioner Carey, to refer this item to the Planning Board for
a recommendation to be returned to the Board of Commissioners no
sooner than January 8, 1990.
VOTE: UNANIMOUS
d. Section III-D-2-e - Preliminary Plat Approval
This presentation was made by Emily Crudup. The purpose
of this presentation was to receive citizen comment on an amendment
to Section III--D-2-e of the Subdivision Regulations to allow
subdividers to request amendments to phasing plans.
The proposed amendment will authorize the Board of County
Commissioners to amend, at its discretion, the phasing plans of
major subdivisions. The new text will list the factors which must
be considered when an applicant requests an amendment to a phasing
plan. The proposed addition to Section III-D-2-e will provide a
remedy for development plans on which the 12-month time limit has
expired or is about to expire.,
T WERE -NO QUESTIONS OR COMMENTS FROM THE BOARD OF
COMMISSIONERS, PLANNING BOARD OR CITIZENS.
A motion was made by Commissioner Willhoit, seconded by
Commissioner Hartwell, to refer this item to the Planning Board for
a recommendation to be returned to the Board of Commissioners no
sooner than January 8, 1990.
VOTE: UNANIMOUS
e. Section IV-B-1 - Lot Standards
This presentation was made by Emily Crudup. The purpose
of this presentation was to receive citizen comment on an amendment
Pe t2. -18- Bq 1.-t mu'CE5 9
MN
Planning Staff . Seconded by Best.
VOTE: Unanimous .
David Stencil gave an update on the Durham-Chapel
Hill-Carrboro Thoroughfare Plan (memo an
attachment to these minutes on page ) .
b. Subdivision Regulations Text Amendments
( 1) Section IV-C-2 Interim Development
Standards (Considered with Item #a( 1 ) .
(2 ) Section II - Definitions
Presentation by Emily Crudup.
(A copy of the abstract an attachment to these
minutes on pages . )
MOTION: Eidenier moved approval as recommended by the
Planning Staff. Seconded by Best.
VOTE: 7 in favor.
1 opposed (Yuhasz - could see the need for a
change, but was not sure this change was the
best. Would prefer to ask questions of the
County Attorney before making such a decision. )
( 3) Section III-D-2-c/d - Preliminary Plat
Review Procedures
Presentation by Emily Crudup.
(A copy of the abstract an attachment to these
minutes on pages . )
There was considerable discussion about what
would happen if the staff did not meet the time
requirements .
Yuhasz felt that there should be some wording to
cover such a- possibility as staff not adhering to
the time guidelines .
Waddell suggested that staff provide wording to
cover such a possibility.
MOTION: Best moved approval as recommended by the
Planning Staff . Seconded by Hamilton.
Yuhasz suggested an amendment to the motion:
The Board of Commissioners shall receive the
to
e:
Planning Department' s report and the Planning
Board' s recommendation within forty-five (45 )
days of the Planning Board meeting at which the
application was forwarded.
Yuhasz expressed concern with the statement "at
the close of the meeting" and said he would like
to know if a meeting could be closed before
another is opened before he could vote in favor
of such a recommendation.
VOTE: 5 in favor.
3 opposed (Eddleman, Waddell, Yuhasz - for reason
stated above) .
(4 ) Section III-D-2-e - Preliminary Plat
Approval
Presentation by Emily Crudup.
(A copy of the abstract an attachment to these
minutes on pages . )
MOTION: Eidenier moved approval as recommended by the
Planning Staff . Seconded by Best.
Best asked if this amendment was generated by the
Planning Staff . Crudup responded this wording
was recommended by the County Attorney.
VOTE: Unanimous .
Adjournment time was reached.
MOTION: Best moved to extend the meeting to complete the
agenda. Seconded by Eidenier.
VOTE: 7 in favor.
1 opposed (Cantrell) .
(5 ) Section IV-B-1 - Lot Standards
Presentation by Emily Crudup.
(A copy of the abstract an attachment to these
minutes on pages • )
Yuhasz asked if the Health Department had been
consulted regarding this amendment. Crudup
responded they had been consulted at the
beginning of the process and were in agreement.
There was considerable discussion about the
minimum lot sizes, particularly in regard to
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. F -41—- j
ACTION AGENDA_ITEM_ABSTRACT
Meeting Date: January 8, 1990
SUBJECT: Right-of-Way Agreement
DEPARTMENT: Public Works PUBLIC HEARING YES: X NO:
ATTACHMENT(S) : INFORMATION CONTACT: Wilbert McAdoo
Right-of-Way Agreement Ext . 480
Drawing of Proposed Work TELEPHONE_NUMBER-
Hillsborough - 732-8181
Chapel Hill -_968-4501
Mebane -_227-2031
Durham - 688-7331
PURPOSE: The Right-of-Way Agreement will allow Duke Power Company access
and use of the described property for transporting electricity
and communications purposes. Duke Power Company plans to re-
route three primary lines from Churton, which will require
relocation of two poles and installation of one additional pole.
See attached drawing.
BACKGROUND: This relocation of poles and lines are a part of
Hillsborough's downtown revitalization efforts.
RECOMMENDATION(S) : Grant right-of-way and authorize Chair to sign.
4 r
Project Name: Hillsborough
romiOO2t815-877 Pole Relocation
2
Project No. 438175221 ----
Drawn By Harvey Bynum
STATE OF NORTH CAROLINA
COUNTY OF Orange
KNOW ALL MEN BY THESE PRESENTS,That Orange County
hereinafter called"Grantor"(whether one or more),in consideration of the sum of One Dollar($1.00)and other good
and valuable considerations,does hereby grant unto DUKE POWER COMPANY,its successors and assigns,herein-
after called "Grantee", the right, privilege and easement to go in and upon that certain land of Grantor(hereinafter
"premises")situated in said County and State, bounded by lands of:
Tax Map 36, Block D, Lot 1
East side of Court Street, South side of King St. , and North side Margaret Lane;
and over and across said premises within a right-of-way strip having a width of ._15_ feet on each side of a
centerline determined by the centerline of the electrical facilities as installed, to(check applicable):
la construct,maintain and operate with poles,crossarms,wires,guys,anchors,cables,transformers and other nec-
essary apparatus and appliances,overhead lines for the purpose of transporting electricity and for the communica-
tions purposes of Grantee and regulated telephone utilities. The following rights are also granted to Grantee: to
enter said premises to inspect said lines, to perform necessary maintenance and repairs, and to make alterations
and additions thereto;to remove from the right of way strip,now or at any time in the future,trees,structures or other
obstructions that may endanger the proper maintenance and operation of said lines and trees of any species that
Grantee determines will grow at maturity to a height that will endanger the proper maintenance and operation of said
lines; to trim or remove and to keep trimmed or removed dead, diseased,weak or leaning trees or limbs outside of
the right of way strip which,in the opinion of Grantee,might interfere with or fall upon the electric or communication
facilities within the right of way strip;and to install guy wires and anchors extending beyond the limits of the right of
way strip when determined necessary by Grantee.
❑construct,maintain and operate underground lines and conduits with other necessary apparatus and appliances,
either above ground or below ground, to include transformers and service connections, for the purpose of trans-
porting electricity and for the communications purposes of Grantee and its licensees. The following rights are also
granted to Grantee:to enter said premises to inspect said lines,to perform necessary maintenance and repairs,and
to make alterations and additions thereto; and to clear the land within the right of way strip and to keep it clear of
trees, structures or other obstructions; and to clear that land outside the right-of-way strip within ten feet of the
service door of any transformer or cabinet located within the right-of-way strip and to keep the area within ten feet
of said door clear of trees, structures or other obstructions. All underground facilities are to be installed in accord-
ance with the provisions of Grantee's Underground Distribution Installment Plan, NCUC Docket E-7, Sub 421, re-
ceipt of a copy of which is acknowledged by grantor.
This right-of-way is given to permit the construction of electrical facilities presently proposed.Facilities at other loca-
tions and future extensions of presently constructed facilities are not permitted by this agreement. The foregoing
notwithstanding,Grantee may relocate its electrical facilities and right-of-way strip over the premises to conform to
any future highway or street relocation, widening or improvement.
AETU TI:iTU.
C.'k FCANER COMPANY
Ann:Eai th Carter
P.O.Boa 76909
Chapel I-U,N,C.27519
3
tr IN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal, or if corporate, has caused this instru-
ment to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by author-
ity of its Board of Directors,this day of 19
Witness:
(AFFIX CORPORATE SEAL) _(SEAL)
(SEAL)
_(SEAL)
(SEAL)
ORANGE COUNTY
ATTEST . (Corporate Name)
Secretary By
President
STATE OF • - - AROLINA,. COUNTY
I, , a Notary Public for the abo = - _ : d County,hereby certify that
me this day and being duly sworn, stated-that in his 1,- personally appeared before
signed the foregoing instrument. Witnes •• • and official,sea, ' •
day of , 19
My Commission Expi
Notary Public
STATE OF NORTH CAROLINA,.' COUNTY
I, , a Notary Public for the above State and County, hereby certify that
personally came before me this day and acknowledged that—he is
_Secretary of- _,a corporation, and that by authority
duly given and as the act of said corporation, the foregoing and annexed instrument was signed in its name by
, its President, sealed with its corporate seal and attested by
as its Secretary. Witness my hand and official seal, this the• day of 19`
My Commission Expires •
Notary Public
PEIURN TO
DUKE POWER MY
Ann.Edith Ca1r
P.O.Boa 1I
Clr*M Fq r
The foregoing Certificate(s)of
to be correct. This day of A.D., 19 is/are certified
_REGISTER OF DEEDS FOR COUNTY
By Deputy/Assistant-Register of Deeds.
1
ORANGE C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date January 8, 1990
Action Agenda
Item # (T-/
SUBJECT: SUBDIVISION REGULATIONS TEXT AMENDMENT
(SECTION III-D--2-e PRELIMINARY PLAT APPROVAL)
DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: Emily Crudup
Extension 574
Proposed Amendment
11/1/89 Letter from Town of
Carrboro TELEPHONE NUMBERS:
11/1/89 Letter from Town of Hillsborough - 732-8181
Chapel Hill Durham -- 688-7331
11/27/89 Public Hearing Minutes Mebane - 227-2031
11/30/89 Letter from County Chapel Hill - 967-9251/968-4501
Attorney
12/18/89 Planning Board Minutes
(Draft)
PURPOSE: Consideration of an amendment to Section III-D-2-e of
the Subdivision Regulations to allow subdividers to
request amendments to phasing plans .
BACKGROUND: The proposed amendment will authorize the Board of
County Commissioners to amend, in its discretion, the
phasing plans of major subdivisions . The new text
will list the factors which must be considered when an
applicant requests an amendment to a phasing plan. The
proposed addition to Section III--D-2--e will provide a
remedy for development plans on which the 12-month
time limit has expired or is about to expire.
The amendment was presented at public hearing on
November 27, 1989 . No citizen comments were received
at that time. However, the Board of Commissioners
expressed concern with the wording in the last
paragraph which refers to when the Commissioners may
not approve an amendment to the phasing plan of a
major subdivision. Subsequent to the public hearing, a
•
2
change to the language was recommended by the County
Attorney :
The last paragraph of III-D-2-e shall read,
After consideration of the evidence submitted by
the applicant concerning each of the factors listed
above, the Board may, in its discretion and for
good cause shown, grant the amendment to the
phasing plan unless it concludes that to do so
would not maintain or promote, in some specific
manner, the general health, safety and welfare. If
the Board approves an amendment to the phasing
plan, it may require reasonable additional
conditions of approval of the unapproved final
plat(s) .
On December 18, 1989, the Planning Board recommended
approval of the amendment with the addition proposed
by the County Attorney.
RECOMMENDATION: The Administration recommends approval of the proposed
amendment as per the Planning Board's recommendation.
3
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: Subdivision Regulations
REFERENCE: Section III-D-2-e Preliminary Plat Approval
ORIGIN OF AMENDMENT: Staff Planning Board
BOCC Public
Other: County Attorney
STAFF PRIORITY RECOMMENDATION: X High Middle Low
Comment:
Expected Public Hearing Date: November 27, 1989
PURPOSE OF AMENDMENT: To add provisions to Section III-D-2-e
of the Subdivision Regulations which
will describe under what conditions
phasing plans of major subdivisions
may be amended.
IMPACTS/ISSUES: The proposed amendment will authorize the
Board of County Commissioners to amend, in
its discretion, the phasing plans of major
subdivisions . The new text will list the
factors which must be considered when an
applicant requests an amendment to a phasing
plan. The proposed addition to Section III-D
2-e will provide a remedy for development
plans on which the 12-month time limit has
expired or is about to expire.
EXISTING AND PROPOSED ORDINANCE PROVISIONS:
Section III-D-2-e.Action Subsequent to Approval
[ This section states that the developer may proceed with
construction of required improvements, such as roads,
when the preliminary plat is approved by the County
Commissioners. However, no building permits will be
issued until the final plat is recorded. It also
specifies the 12-month time limit between preliminary
and final plats and between final plats of phases . ]
•
•
•
4
Where a time period has elapsed, the developer shall be
required to resubmit a new Preliminary Plat for the tract
or portion thereof for which approval has expired. The
new plat shall be subject to all applicable regulations
in existence at the time of resubmittal. Provided,
however the develo ment hasin lap a roved as art of
the Preliminary Plat (hereafter "the phasing plan" ) may
be amended by the Board of Commissioners upon application
by the subdivider. In determining whether to approve an
amended phasing plan, the Board of Commissioners shall
consider:
1 whether or not a roval of other dili entl
pursued regulatory requirements can be obtained
before the expiration of the time periods
established in the phasing plan; and
•
(2) the quality of and length of time of the
experience of the subdivider in managing
development pro-iects; and
(3) whether factors other than market conditions and
beyond the control of the subdivider caused a
delay in meeting the phasing plan; and
whether the development project, if completed
consistent with the approved Preliminary Plat,
will tend to aid or meet an important public
olic oal established b the Board of Count
Commissioners; and
(5) whether the application for an amended phasing
plan was submitted before the previously approved
time limit(s) has lapsed; and
(6) the possibility of and practicality of the subdi-
vider and developer completing the development
project consistent with Orange County regulations
applicable if the phasing plan amendment is not
granted.
After consideration of the evidence submitted by the
applicant concerning each of the factors listed above,
the Board may, in its discretion and for good cause
shown rant the amendment to the hasin lan unless it
concludes that to do so would not promote, in some
specific manner, the general health, safety and welfare.
If the Board approves an amendment to the phasing plan,
5
it may require reasonable additional conditions of
approval of the unapproved final plat(s ) .
ORDINANCE REVIEW COMMITTEE:
PLANNING BOARD: 12/18/89
BOCC:
o IV 6
TO P 0 Box 337
a r r b o ro _ t Man Street
Carrboro. North Carolina 27510
(919)968-7700 (919) 942-8541
N•C.
November 01, 1989
Ms. Emily Crudup, ASLA
Planner II
Orange County Planning Department
306-F Revere Road
Hillsborough, North Carolina 27278
RE: Courtesy Review of Amendments
ti to the Orange County
Subdivision Regs (10/89)
Dear Emily:
Thank you for sending me a set of the proposed amendments to
Orange County's Subdivision Regulations for review and comment. I
have completed my review and have no substantive comment to offer
since these changes attempt to further clarify your existing
regulations and have no direct affect on Carrboro's Joint
Planning interest.
Again, thank you for the opportunity to review and comment
on your proposed changes.
S incerel; ,
:
Roy M. illiford
Planni-n & Economic Development
Director
RMW/j e s
7
TOWN OF CHAPEL HILL EIVE
306 NORTH COLUMBIA STREET � _ 2 - 0
CHAPEL HILL, NORTH CAROLINA 27516
Telephone(919)968-2700
November 1, 1989
Ms. Emily Crudup, ASLA
Orange County Planning Dept.
306F Revere Rd.
Hillsborough, NC 27278
Re: Courtesy Review of Proposed Amendments tot he Orange County Subdivision
Regulations
Dear M rudup:
Thank you for providing an opportunity for the Chapel Hill Planning Department
to review and comment on the four (4) proposed amendments to the Orange County
Subdivision Regulations. I understand these items are scheduled to be
presented at the public hearing on November 27, 1989. Because these proposed
amendments do not appear to have an impact on the Joint Planning Agreement, we
have no comments to offer at this time.
Thank you again.
Sincerely,
Roger S. Weldon, AICP
Planning Director
cc: Roy Williford, Carrboro Planning Director
RSW/gps
11/27/8q wgu c b.is;dttitG 1-11Ni-roes
M 8
VOTE: UNANIMOUS
c. Section III-D-2-c/d - Preliminary Plat Review
Procedures
This presentation was made by Emily Crudup. The
purpose of this presentation was to receive citizen comment on an
amendment to Section III-D-2-c/d of the Subdivision Regulations to
establish a minimum time period within which recommendations from
the Planning Board will be transmitted to the Board of County
Commissioners.
Currently there is no time limit on the period between the
time the Planning Board makes its recommendation and when the
Commissioners take action on a preliminary plan. A time limit is
necessary.so that the projects are not delayed indefinitely between
meetings.
THERE WERE NO COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING
BOARD OR CITIZENS
A motion was made by Commissioner Willhoit, seconded by
Commissioner Carey, to refer this item to the Planning Board for
a recommendation to be returned to the Board of Commissioners no
sooner than January 8, 1990.
VOTE: UNANIMOUS
d. Section III-D-2-e - Preliminary Plat Approval
This presentation was made by Emily Crudup. The purpose
of this presentation was to receive citizen comment on an amendment
to Section III-D-2-e of the Subdivision Regulations to allow
subdividers to request amendments to phasing plans.
The proposed amendment will authorize the Board of County
Commissioners to amend, at its discretion, the phasing plans of
major subdivisions. The new text will list the factors which must
be considered when an applicant requests an amendment to a phasing
plan. The proposed addition to Section III-D-2-e will provide a
remedy for development plans on which the 12-month time limit has
expired or is about to expire.
THERE WERE NO QUESTIONS OR COMMENTS FROM THE BOARD OF
COMMISSIONERS, PLANNING BOARD OR CITIZENS.
A motion was made by Commissioner Willhoit, seconded by
Commissioner Hartwell, to refer this item to the Planning Board for
a recommendation to be returned to the Board of Commissioners no
sooner than January 8, 1990.
VOTE: UNANIMOUS
e. Section IV-B-1 - Lot Standards
This presentation was made by Emily Crudup. The purpose
of this presentation was to receive citizen comment on an amendment
COLEMAN, BERNHOLZ,
BERNHOLZ, GLEDHILL & HARGRAVE
ATTORNEYS AT LAW
RECEIVED DEC 0 4 1�
P.O. DRAWER 1529 ��
129 E. TRYON ST.
HILLSBOROUGH, NC 27278
919-732-2196
919-929-8000
FAX 9194324997 November 30, 19 8 9
CHAPEL HILL OFFICE
SUITE 300,THE CENTER
1506 E. FRANKLIN STREET
CHAPEL HILL.NC 27514
919-929-7151
FAX 919-929-3892
ALONZO B.COLEMAN,JR. Mr. Marvin Collins
STEVEN A. BERNHOLZ
ROGER B. BERNHOLZ Planning Director
GEOFFREY E.GLEDHILL Orange County Planning Department
DOUGLAS HARGRAVE
G.NICHOLAS HERMAN 3061 Revere Road
KIM K.STEFFAN Hillsborough, North Carolina 27278
NATHANIEL E. CLEMENT
MARILYN E.TOMEI
JOE L.WEBSTER Re: Amendments to Planning Ordinances presented
TERRY G. HARN
JANET B. DUTTON at the November 27, 1989 public hearing
REX T.SAVERY,JR.
Of Counsel Dear Marvin:
BONNER D.SAWYER
(1902-19'2) This letter contains two comments concerning
observations made at the November 27, 1989 public
hearing. The first involves an addition to the
amendment to the preliminary plat approval section
(Section III--D-2-e) . On the fourth line of the last
paragraph the words "maintain or" should be inserted
between the words "not" and "promote. " That paragraph
should read:
After consideration of the evidence
submitted by the applicant concerning each of
the factors listed above, the Board may, in its
discretion and for good cause shown, grant the
amendment to the phasing plan unless it
concludes that to do so would not maintain or
promote, in some specific manner, the general
health, safety and welfare. If the Board
approves an amendment to the phasing plan, it
may require reasonable additional conditions of
approval of the unapproved final plat(s) .
Second, I recommend that the amendment to
Section IV-B-1 (Lot Standards) of the Subdivision
Regulations be changed in Subsection (d) as follows :
(d) Lots served by public/community water
or sewer (but not both) must contain the greater
10
Mr. Marvin Collins
Page 2 November 30, 1989
of the minimum acrea a of the a--licable zonin district
or 20 000 s uare feet.
The last sentence in Subsection (e)e a P
redundant and can be deleted. Idon'tbelieve these changes
significant enough to require another public hearing on the
amendments .
Very truly yours,
milmowl 1110
ei Gledhill
GEG/lsg
12- 18 -$4 Mtub1 S
II
A
Planning Department's report and the Planning
Board' s recommendation within forty-five (45 )
days of the Planning Board meeting at which the
application was forwarded.
Yuhasz expressed concern with the statement "at
the close of the meeting" and said he would like
to know if a meeting could be closed before
another is opened before he could vote in favor
of such a recommendation.
VOTE: 5 in favor.
3 opposed (Eddleman, Waddell, Yuhasz - for reason
stated above) .
(4 ) Section III-D-2-e - Preliminary Plat
Approval
Presentation by Emily Crudup.
(A copy of the abstract an attachment to these
minutes on pages . )
MOTION: Eidenier moved approval as recommended by the
Planning Staff . Seconded by Best.
Best asked if this amendment was generated by the
Planning Staff . Crudup responded this wording
was recommended by the County Attorney.
VOTE : Unanimous .
Adjournment time was reached.
MOTION: Best moved to extend the meeting to complete the
agenda. Seconded by Eidenier.
VOTE: 7 in favor.
1 opposed (Cantrell) .
(5 ) Section IV--B-1 - Lot Standards
Presentation by Emily Crudup.
(A copy of the abstract an attachment to these
minutes on pages . )
Yuhasz asked if the Health Department had been
consulted regarding this amendment. Crudup
responded they had been consulted at the
beginning of the process and were in agreement.
There was considerable discussion about the
minimum lot sizes, particularly in regard to
0
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 8,4 1990
Action A enda
Item, # O-2•
SUBJECT: WYNDSONG - PRELIMINARY PLAN
ACTION BY: February 22, 1990
DEPARTMENT: PLANNING PUBLIC HEARING Yes x No
ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk
Extension 348
Application
Vicinity Map
Private Road Justification TELEPHONE NUMBERS:
Staff Evaluation of Private Hillsborough - 732-8181
Road Justification Durham - 688-7331
Agency Comments Mebane - 227-2031
Preliminary Plan Chapel Hill - 967-9251
Resolution of Approval
Draft 12/18/89 Planning Board
Minutes
PURPOSE: Consideration of the Preliminary Plan for Wyndsong.
BACKGROUND: The property is located off the north side of Davis
Road (SR 1129) in Chapel Hill Township. The property
is zoned R-1 and PW-II . It is located in the Upper
Eno Watershed and designated Rural Residential and
Protected Watershed in the Land Use Element of the
Comprehensive Plan. Adjacent land uses include large
acreage undeveloped tracts .
The total acreage of the tract is 50.5 acres. Fifteen
lots are proposed including the common area. The
average lot size of the residential building lots is
2 .56 acres . There will be 14. 60 acres proposed for
common land. Each lot will be served by individual
wells and septic tanks . The applicant has submitted a
private road justification for the proposed private
road. The justification and Planning Staff's
evaluation are included with the attachments .
The latest traffic count on Davis Road ( 1985)
indicated 400 vehicles per day. This count was taken
close to Old NC 86 . With the design, amount of
acreage to remain in open space, and density of the
subdivision, the staff determined that private roads
are justified. The private road justification is
attached.
0
2
The Concept Plan for Wyndsong was approved by the
Planning Board on September 18, 1989 with a
requirement for a Class A private road from Davis Road
to the major fork of the road.
All applicable agency comments are attached. The
Health Department has located a suitable area on each
lot for a septic tank and drain field.
The County Attorney has reviewed the Restrictive
Covenants and Road Maintenance Agreement and
recommended minor changes . There was no comment on
the Preliminary Plan from the County Attorney or the
County Engineer.
NCDOT has indicated the site distance is adequate and
the intersection angle requirements may be attained by
shifting the entrance inside the private road right-
of-way.
An Erosion Control Plan has been approved by the
Orange County Erosion Control Officer.
The Planning Board recommended that the preliminary
plan for Wyndsong be approved through the attached
Resolution of Approval in its meeting on December 18,
1989 .
RECOMMENDATION: The Administration recommends approval per the
Planning Board recommendation.
APPLICATION FOR PRELIMINARY PLAN APPROVAL
•PLEASE TYPE OR PRINT (INK ONLY) MAJOR S U B D I V I S I O N 2/E9 3
ORANGE COUNTY .
DATE: J 7- 81
SUBDIVISION NAME: L.L.)L d S , ,t_,L,
LOCATION:
OWNER/DEVELOPER: Al14N ev S.. 7' /Er/74 - c- ��.4 -j
ADDRESS: ar- -.-'- +k...t' TELEPHONE NO.: dr Si - 2 0-6
Cii tp 0-/ - /717 //
AGENT/CONTACT: r+/- LM- TELEPHONE NO.: /32 - 9‘lJ
1)2 S . icc 43 J./
,U,//f.
A. SUMMARY INFORMATION: /'+�/ //�/
Orange County Tax Map , / Block Lot(s) 36 ti Township C_..41�c / /'r/ //I
Zoning District(s):
Total Number of Acres: 5-2. •5 Phases:
//
Total Number of Lots: ilp Average Lot Size: 2• W Minimum Lot Size /• 3
Number/Type of Structures: (existing) (proposed) /
Lineal Feet in Streets: k3 9 ja S Acres in Open Space / 1.9 W
Water Supply: Public (specify) Community LJ a// individual
wastewater Disposal: Public (specify) _ Community s ,0 7Li c Individual
School District: Fire District:
General Land Uses in Area: f _ ,J - r Oda 8
Critical Areas: 3f.•-t -(-�25. k rainageways flood prone areas
watershed (specify) historic sites
other (explain) "CIO e-44- / /),,,c/' ,
B. All plats must be submitted on sheet no smaller than one inch equals two-hundred feet (1"=200') and no larger
than one inch equals twenty feet (1"=20') and must contain the following information:
V , subdivision name
,,•�: {: zoning of tract and adjacent properties
a f:i'r ;:;J' name & address of owner(s) �r building setback lines by notation or typical lot
0 ,mac; : name & address of subdivider = .:_:.;: layout
r < (if other than owner) location and width of existing and proposed
5 �4∎11 :::: name of surveyor, engineer, ,�_� >:; easements (drainage, utilities, roads, etc.)
r�:'#?' - landscape architect or architect, L•_-;; E existing, proposed and adjoining rights-of-way
LI 0 "`'�••••a address, registration k and seal ---= W including dimensions and street names and state
w �x�''"�� (title) Preliminary Plan = - ::.': road numbers. Lineal feet of road centerlines and
-I C) :'•-4i scale, north arrrow ,,// _•�'�-__•: approximate acreage of new street rights-of-way
.4 ': date (including revision dates) N "' ?'`�•:: existing and proposed utilities, including type,
v4+ �::.v, y, township, tax map-block-lot __-:::�r:�>: sizes, hydrants, valves, manholes
v f:»:=:-::=` references ( '?. existing and proposed curbs, gutters and culverts,
1 : Parent Parcel Identification k including sizes and grades
O ra
a a deed book and page k of property 42AA/''•"`
.d J-G :. p y Location and width of alleys, sidewalks, bike lanes,
U '0 to be subdivided •• transit systems, and bus stops
ti m j boundary described with bearings typical street cross-sections and intersection
a ii=' `•`is and distances EM details including design and width of travelway and
�j"'s, ' total acreage of the tract and --= shoulders
•••-•i %:' acreage of lots, including and '_. horizontal alignment and general curve data (public
excluding area within rights-of-way :r_:.....ti. roads)
(please complete reverse side)
control corner :3 centerline radius on all proposed streets
= ? .: proposed lot lines •with dimensions ;.{ :_: permanent features such as buildings, cemeteries, 4
�f� �-` lot & block numbers ;: = historic landmarks
•?i phasing lines — l� �-�:�= adjoining lot layout names of adjoining property
m •U f ] 9 Y ] 9 p Pe Y
topography at ten foot (10) intervals M owners. If subdivided, subdivision plat name, plat
0 water bodies, streams, floodway and __-_:: ` book & page number, and perimeter lot numbers.
v
4-3 w "` floodplains � landscaping and buffer requirements
+� :-" ;:;: stream buffers Vp 1. township, corporate and extra-territorial planning
ti /er: location and size of parcels dedicated J >::. jurisdiction lines which cross the property
ca _- < for public use, recreational use or A✓ location and size of lots of restricted development
U .ti reserved in common, with purpose noted potential and notation on plat regarding same
U . impervious surface data (if located stormwater detention and/or retention sites and
v _ro "'' ' ii water supply watershed) undisturbed areas for infiltration purposes (if
U y vicinity map showing general location located in water supply watershed)
,... : of subdivision with streets and roads
identified by State road number and
name
C. OTHER SUBMITTAL REQUIREMENTS
1. Twenty-five (25) copies of the preliminary plat.
2. One full size copy of an Orange County Tax map (with tax parcels involved clearly marked in pencil).
3. Where municipal or OWASA sewer is not available, a copy of the Preliminary Plat indicating Health
Department soils analysis approval/denial for each lot shown thereon. .
4. Where a private road is proposed a written statement by the applicant or his/her authorized representative
which sets forth the justification for a private road (see Section IV-B-3-d-1 of the Orange County
Subdivision Regulations).
5. Auxiliary documents, in draft form, prepared in accordance with Section VI of this Ordinance which assure
completion and/or maintenance of improvements required by this Ordinance. Such documents may include, but
not be limited to, a private road maintenance agreement, and articles of incorporation and restrictive
covenants pertaining to a homeowner's association. These documents may be required as necessary as
evidence that the ordinance requirements are being met.
I, the applicant, hereby certify that the foregoing application is complete and accurate. I understand that a
5105.00 fee (subdivisions of 1-5 lots), S210.00 fee (subdivisions of 6-9 lots), 5315.00 fee (subdivisions of 10-25
lots) or a 5420.00 fee (subdivisions of 26 lots or more) is due at the time of application. A 55.00 per lot fee is
due at the time the final plat is presented for recordation.
APPLxCA4'S SIG4Tti5E OWNER'S SIGNATUR
DATE DATE
FEES: Amount 7 JQ• Date Paid *-2-2---S-9 Receipt i! e 71
WYHD5ONG 53 N J;n: .. ,. .c
_ ....
P ,�
/ 2.72 AC.\A�{Y 3 P ...1._ 76.
APPLICANT: TED LATTA -r__
r/ sE�• I 40` 1 8882
E d . 1 ZONING: R1 & PWII 5 ice.
4 830.0x• _ I ! t
LUP: RURAL RESIDENTIAL AND C-2r6-
°`l
Z z L- - ' PROTECTED WATERSHED 5 A .
Ii/
3 3 5 AC.
O O EXEMPT r
I / RossAO•n e4an5f —66.73AG �� 927.
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•
6
WYNDSONG SUBDIVISION
Provided, however, private roads may be allowed in a
subdivision where, in the judgment of the Planning Board and
with the approval of the Board of County Commissioners, it is
found that the nature and location of the subdivision are
such that a private road is justified.
In determining whether to permit private roads in
subdivisions, the following design features will be
considered:
1 . The location and design of the subdivision is such that
it clearly preserves the rural character of the County
through:
a . The provision of lot sizes and building setback
lines greater than required by ordinance
provisions;
(Lot sizes proposed on the concept plan are greater than
40, 000 square feet as required by the ordinance . Lot
sizes are 1 .28 to 4. 00 acres with a common area of 14.50
acres. The setbacks are not shown, but will be of a
greater size than required by ordinance . )
b. The retention and/or provision of landscaping and
use of clustering or dwelling units to screen the
view of the subdivision from public roads and/or
maintain a wooded or forested character;
(Existing woods would be protected and maintained as
much as possible . The subdivision can not be seen from
public roads, there is a 262 foot easement to the
property which is all wooded. )
c . The maintenance of scenic views, including vistas
of open farmland and/or forested hills and
mountains; and/or
(By designing the subdivision this way we are protecting
the scenic view of all the lot owners. Several of the
lots will have views of natural low areas and others
will have views of an old wagon road bed, all of the
lots are heavily wooded. Also in this Plan we will able
to have an open area of 14 .60 acres for all the lot
owners. )
d. The clustering of dwelling units to preserve
wildlife, botanical , historic, archaeological
and/or recreation sites;
7
(This is not exactly a cluster subdivision even though
most of the Iots are located in one area . This was done
to preserve the natural beauty of the land, also it will
preserve the spirit of clustering by allowing a large
amount of open space . )
2. The number, location and/or size of lots to be located
in the subdivision are such that, even if constructed to
State standards, the streets would not be accepted by
the State for maintenance due to density or other State
requirements;
(With a total of 15 lots and 4100 feet of roads this
subdivision will not qualify for State maintenance (15.5
lots) . I feel that the State would prefer that this
subdivision be served by private roads to maintain the
rural character. )
3. Restrictive covenants are proposed which prevent
further subdivision of the property and the same shall
be made a condition of approval , thus maintaining
project density;
(Restrictive covenants are proposed which will restrict
further subdivision of the property, including a further
subdivision of any of the proposed lots. )
4. Recreation and/or open space areas, including lands
containing significant botanical , wildlife, historic
and/or archaeological sites, are to be dedicated and/or
preserved through restrictive covenants in amounts
greater than required by standards for recreation/open
space dedication; and/or
(In this application we propose to preserve 14 .60 acres
of open space in the common area. In this open area
there is a stream that flows west, several natural
springs, and a growth of low land trees. )
5 . Larger than required stream buffers and lot sizes,
and/or -other design features are proposed as part of
a subdivision to be located in a Protected Watershed as
designed on the Orange County Comprehensive Plan to
reduce the amount of impervious surface and cause
infiltration of storm water runoff to prevent the
pollution of water supply reservoirs .
(This property is located in a PW2 watershed for Seven
Mile creek. However we feel that the design features
with a large open space and a private road would reduce
the amount of impervious surface, which would allow more
infiltration of storm water runoff, there by providing
more protection for the watershed. )
8
In the Wyndsong subdivision the roads will be running through
a heavily wooded area . We feel that a Class B private gravel
road can be used to route around the trees and that the
gravel surface will enhance the rural character. With the
large amount of open space in this subdivision a gravel road
will be more in harmony with nature .
With the planed restrictive covenants and larger setbacks our
aim is to maintain the heavily forested area, trees will only
be removed as needed to install roads and home sites .
•
•
• ORANGE COUNTY PLANNING DEPARTMENT V - 9
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278 0 1
4 . t `
STAFF EVALUATION OF PRIVATE ROAD JUSTIFICATION
SUBDIVISION: Wyndsong - Major Subdivision Concept Plan
DATE: September 12, 1989
The standards contained in the Subdivision Regulations pertaining to
public and private roads are listed below. The Planning Staff comment
regarding each is provided in italics .
IV-B-3-d--1. Roads - Public roads are generally required in all
subdivisions and will be required where it is found
that:
1 . The subdivision roads, if constructed to State
standards, would be accepted by the State for
maintenance due to density or other State
requirement; or
(A private road must have at least two houses per tenth
of a mile before it may be accepted by the State for
maintenance. The proposed subdivision has a total of
4100 feet of roads with 14 residential lots. Based on
the proposed density it would not meet minimum State
requirements. )
2 . The subdivision streets extend existing streets
which are public; or
(The subdivision street does not extend existing public
streets. )
3 . The subdivision roads are part of a development
which is located in an area designated as Urban or
Transition on the Orange. County Comprehensive Plan;
or
(The subdivision is not located in a designated Urban or
Transition Area. )
4 . A proposed street is designated as an arterial or
collector street on an approved Thoroughfare Plan
for a municipality or in the Orange County
Comprehensive Plan.
(The proposed street is not designated as an arterial or
collector. )
10
Provided, however, private roads may be allowed in a
subdivision where, in the judgment of the Planning Board
and with the approval of the Board of County
Commissioners, it is found that the nature and location
of the subdivision are such that a private road is
justified.
(The proposed road is presently located in a rural
area. )
In determining whether to permit private roads in
subdivisions, the following design features will be
considered:
1 . The location and design of the subdivision is such
that it clearly preserves the rural character of
the County through:
a. The provision of lot sizes and building
setback lines greeter than required by
ordinance provisions;
(The average lot size is 2. 4 acres which is
larger than required in zoned townships. Setbacks
are not indicated, but the private road
justification states they will be greater than
required by the ordinance. )
b. The retention and/or provision of landscaping
and use of clustering of dwelling units to
screen the view of the subdivision from public
roads and/or maintain a wooded or forested
character;
(The tract is heavily wooded. The private road
justification states there will be minimal
destruction of existing trees. This must be
indicated in proposed covenants to be submitted.
The subdivision is 262 feet from Davis Road and
could not be seen from the road. Clustering of
dwelling units is not proposed. )
c. The maintenance of scenic views, including
vistas of open farmland and/or forested hills
and mountains; and/or
(The private road justification indicates the
forested acres will be maintained, thereby
maximizing screening and maintaining a scenic view
of woodlands. This must also be indicated in
proposed covenants. )
d. The clustering of dwelling units to preserve
wildlife, botanical, historic, archaeological
and/or recreation sites;
(Individual lots with separate homesites are
proposed. No clustering of units is proposed,
--- 11
however, there is a 14. 60 acre common area
indicated on the plan. )
2 . The number, location and/or size of lots to be
located in the subdivision are such that, even if
constructed to State standards, the streets would
not be accepted by the State for maintenance due to
density or other State requirements;
(The roads as they are presently proposed would not be
accepted by the State due to density requirements of two
houses per tenth of a mile. )
3 . Restrictive covenants are proposed which prevent
further subdivision of the property and the same
shall be made a condition of approval, thus
maintaining project density;
(Restrictive covenants are proposed which restrict
further division of lots. )
4 . Recreation and/or open space areas, including lands
containing significant botanical, wildlife,
historic and/or archaeological sites, are to be
dedicated and/or preserved through restrictive
covenants in amounts greater than required by
standards for recreation/open space dedication;
and/or
(A common open space area of 14. 60 acres is proposed for
this subdivision. )
5 . Larger than required stream buffers and lot sizes,
and/or other design features are proposed as part
of a subdivision to be located in a Protected
Watershed as designated on the Orange County
Comprehensive Plan to reduce the amount of
impervious surface and cause infiltration of storm
water runoff to prevent the pollution of water
supply reservoirs .
(Lot sizes average 2. 4 acres, and the subdivision is
located in the Upper Eno Watershed. Much of the
. drainage would flow toward the creek which is located in
the common area. This design feature along with private
roads would allow more infiltration of stormwater
runoff. )
EVALUATION SUMMARY: Staff finds that the density, size of lots,
design, amount of common area and rural character of the surrounding
area justify private roads .
COLEMAN, BERNHOLZ,
12.
BERNHOLZ, GLEDHILL & HARGRAVE
ATTORNEYS AT LAW
P.O. DRAWER 1529
129 E. TRYON ST.
HILLSBOROUGH, NC 27278
919-732-2196 December 1, 1989
919-942-8000
FAX 919-732-7997
CHAPEL HILL OFFICE
SUITE 300,THE CENTER Mr. Eddie Kirk
1506 E.FRANKLIN STREET Planner
CHAPEL.HILL.NC 27514
919-929-7151 Orange County Planning Department
FAX 919-929-3892 306F Revere Road
ALONZO B.COLEMAN.JR. Hillsborough, North Carolina 27278
STEVEN A.BERNHOLZ
ROGER B. BERNHOLZ
GEOFFREY E.GLEDHILL Re: Wyndsong Subdivision
DOUGLAS HARGRAVE
G.NICHOLAS HERMAN
KIM K.STEFFAN Dear Eddie:
NATHANIEL E.CLEMENT
MARILYN E.TOMEI
JOE L. WEBSTER We received and reviewed a Preliminary Plan,
TERRY G. HARN Restrictive Covenants and R to the
JANET B. DUTTON MA pertaining
REX T.SAVERY,JR. Wyndsong major subdivision proposal. Also included in
Of counsel the materials sent to us for review was an Easement
BONNER D.SAWYER recorded at Book 789 , Page 553, the grantees of which
(1902-1972) easement are the Declarants in the road maintenance
agreement.
The Restrictive Covenants are generally
acceptable, but need a few minor changes . In two
places, the first paragraph on page 1 and the first
line on page 2, the document recites that the
subdivision has 16 lots . The preliminary plan shows
only 15 lots . The number of lots can be stricken from
the description using the form "all of the Lots . " At
the top of page 2, the document restricts all lots to
single family residential use. Lot 3, however, will be
used for recreational purposes . Also, the document
provides that "only one single family dwelling shall be
built upon each of lots 4 through 16 . " Only one single
dwelling may be built on each of Lots 1 and 2 as well,
and the document should be revised to reflect this .
The road maintenance agreement needs a few
editing changes . First, the word "Agreement" should be
deleted from the document's title. Also, in Article I,
the property affected is described as "Lots 1 through
16" and the development appears to only contain 15
lots . A better description would be "Being all of the
Lots . . . . " There is a substantive problem with the RMA
in that a portion of Andante Drive is the easement
conveyed to the Declarants by Thomas C. and Eleanor
Williams . In the easement document, there is an error
in the description: the last call, "South 61° 17 ' 01 "
•
13
Mr. Eddie Kirk Page 2 December 1, 1989
West" should read "South 61° 17 ' 01" East. " That problem can
be taken care of if the parties to the easement execute and
record a correction deed containing an accurate description.
We have no comment on the Preliminary Plan.
Very truly yours,
71/14)fil,1 ■
Marilyn E. Tomei
MET/lsg
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.a.
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Graham . North Carolina 27253-0766
JAMES G. MARTIN December 1 1 . 1989 DIVISION OF HIGHWAYS
GOVERNOR
JAMES E. HARRINGTON GEORGE E.WELLS, P.E.
SECRETARY STATE HIGHWAY ADMINISTRATOR
ORANGE COUNTY
Mr . Eddie Kirk
Orange County Planning Department ,-
306-F Revere Road
Hillsborough , N . C . 27278
Subject : Wyndsong Subdivision (private ) off SR 1129
(Davis Road)
Dear Mr . Kirk :
This is to advise that the proposed location the subject
private road has been inspected by this office . Based upon
this inspection , the preliminary plan is approved by this
office . It is required that the roadway be shifted inside the
dedicated right-of-way to intersect with SR 1129 at a 75
degree angle or greater .
A driveway permit for this entrance must be obtained from
this office .
If you have any questions , please do not hesitate to contact
this office .
Yours very truly ,
. - 1"-j-CCD%-s.... firr1/4_)A*
E . M. Cowan
DISTRICT ENGINEER
EMC/SPI/pi
cc : Mr . Alois Callemyn , Callemyn Land Surveyors
An Equal Opportunity/Affirmative Action Employer
15.
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
MEMORANDUM
TO: Eddie Kirk, Current Planning
FROM: Warren Faircloth, Erosion Control Supervisor
SUBJECT: Wyndsong Subdivision
DATE: December 5, 1989 ti '
The erosion control plan for this subdivision has been approved.
0(44",bAfj,)/
SOIL &WATER 16
CONS ERVAT , O °N
Orange Soil and Water Conservation District
306 Revere Road • P.O. Box 8181
Hillsborough, NC 27278 • Phone: 919-732-9361 • Ext. 451
November 21 , 1989
TO: Eddie Kirk, Planner
FROM: Gail Hughesoil Conservationist
RE: Wyndsong Subdivision
According to the Orange County Soil Survey, the following soils
are located on this site:
Enon loam, B slope (2-6q) - Septic tank absorption field has
severe limitations due to slow percolation. Building site
development has severe limitations due to shrink-swell potential
and low strength (Enonsoil type located primarily throughout
recreation area) .
Herndon silt loam, C slope (6-10%) - Septic tank absorption field
has moderate limitations due to slow percolation and steep slope.
Building site development - slight to moderate limitations due to
slope steepness.
Hiwassee clay loam, B slope (2-6%) - Septic tank absorption
field: moderate limitations due to slow percolation. Building
site development: slight limitations.
Orange silt loam (0-3q) - Septic tank absorption field: severe
limitations due to wetness and slow percolation. Building site
development: severe limitations due to wetness and shrink-swell
potential (Orange soil type located primarily around stream, in
flood plain area, and surrounding area) .
Please feel free to call if you have any questions.
GMH:jw
1./
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date December 11, 1989
Name of Subdivision Wyndsonq
Owner/Applicant _,___ Nancy S . Tempesta & Betty June Hayes
The Board of County Commissioners hereby approves the Preliminary Plat
of Wyndsong Subdivision recommended by the. Administration, containing
15 lots, subject to the fulfillment of requirements specified herein.
A. Roads
1. Andante Drive is to be constructed to Class A private road
standards from Davis Road to Lyric Circle. From Lyric Circle
to the cul-de-sac, Andante Drive shall be constructed to
Class B private road standards . Lyric Circle shall be
constructed to Class B private road standards and Forte Lane
shall be constructed to Class C private road standards .
OR
A letter of credit, escrow agreement, or bond shall be
submitted to secure for future improvement/construction of
Andante Drive, Lyric Circle, and Forte Lane to the standards
specified above. 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.
2 . All private roads shall be contained within the rights-of-way
indicated on the final plat. ..
3. A .Private Road Maintenance Agreement shall be approved by the
County Attorney and recorded with the final plat.
B. Land Use Buffers and Landscaping
1. Landscaping shall be installed or preserved as indicated on
the preliminary plan dated September 12, 1989, and must be
inspected and approved by the Planning and Inspections
Department.
18
2
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 Duke
Power transmission line along the north side of the
subdivision. The buffer shall be 50 feet in width and
provide sufficient vegetation to meet the standards of
Section IV-B-8-e. The existence of the buffer shall be noted
on the plat.
C. Drainage
1 . Indicate a 60 ' drainage easement along the intermittent
stream which flows west-east in the southern portion of the
subdivision.
2 . Impervious surface data, as required by Article 6 . 23 . 4 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.
D. Parkland
1 . Cash in the amount of $822 . 00 ($1, 919 . 00/acre x 1/35 acre =
$54. 85/lot x 15 lots = $822 . 00) shall be paid to Orange
County as payment-in-lieu of parkland dedication.
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 following natural and man-made site features shall be
shown on the plat:
a. Intermittent Stream
b. Overhead Utility Lines
3. The following easements shall be shown on the plat:
- Existing access easement on western subdivision boundary
- 60 ' drainage easement as required by Orange County
Erosion Control
- Existing overhead powerline easements
4. A setback of 40 feet shall be maintained as measured from the
edge of right-of-way. Side yards shall be a minimum of 20
feet, and rear yards a minimum of 20 feet. 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.
19
-i
5 . Receive final approval of easement agreements, restrictive
covenants, and private road maintenance agreement documents
from the County Attorney.
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 Dedication and Maintenance signed by the
property owner(s) shall be notarized on the face of the plat.
3 . The Department of Environmental Health shall certify that
each lot contains a suitable area for septic disposal.
Signature of Applicant Clerk to the Board
I� , accept the above listed conditions of
subdivision approval, and acknowledge that each must be met prior to
recordation of the final plat.
g - g q MiuuTES 20
Waddell continued expressing concern that if
any one owner would not sign the addendum to the
Road Maintenance Agreement, the applicant would
not be able to build his subdivision. Crudup
responded that she felt there would be
alternatives for the applicant if an owner was
not willing to sign the addendum.
Waddell asked if Best would accept an amendment
to his motion stating that the road be upgraded
to Class A standards . Best responded no. He
felt there would be no problem in getting the
signatures of the other property owners and,
that, if private roads are to be continued, they
should be standardized as much as possible.
VOTE: 6 in favor.
1 opposed (Waddell - reasons as stated in the
discussion. )
1 abstained (Yuhasz -due to professional
conflict of interest. )
b. Preliminary Plat ( 15 Lots)
( 1) Wyndsong
( 15 Lots - Chapel Hill Township)
Presentation by Eddie Kirk.
The property is located off the north side of
Davis Road ( SR 1129 ) in Chapel Hill Township.
The property is zoned R-1 and PW-II . It is
located in the Upper Eno Watershed and designated
Rural Residential and Protected Watershed in the
Land Use Element of the Comprehensive Plan.
Adjacent land uses include large acreage
undeveloped tracts .
The total acreage of the tract is 50 .5 acres .
Fifteen lots are proposed including the common
area. The average lot size of the residential
building lots is 2 . 56 acres . There will be 14 . 60
acres proposed for common land. Each lot will be
served by individual wells and septic tanks .
(A copy of the applicant' s private road
justification and the staff ' s evaluation are
attachments to these minutes on pages • )
The latest traffic count on Davis Road ( 1985)
indicated 400 vehicles per day. This count was
taken close to Old NC 86 . With the design,
amount of acreage to remain in open space, and
IV
21
I
density of the subdivision, the staff determined
that private roads are justified.
The Concept Plan for Wyndsong was approved by the
Planning Board on September 18, 1989 with a
requirement for a Class A private road from
Davis Road to the major fork of the road.
All applicable agency comments are attached. The
Health Department has located a suitable area on
each lot for a septic tank and drain field.
The County Attorney has reviewed the Restrictive
Covenants and Road Maintenance Agreement and
recommended minor changes . There was no comment
on the Preliminary Plan from the County Attorney
or the County Engineer.
NCDOT has indicated the site distance is adequate
and the intersection angle requirements may be
attained by shifting the entrance inside the
private road right-of-way.
An Erosion Control Plan has been approved by the
Orange County Erosion Control Officer.
The Planning Staff recommends that the
preliminary plan for Wyndsong be approved through
the attached Resolution of Approval.
MOTION: Best moved approval as recommended by the
Planning Staff . Seconded by Boland.
Yuhasz noted that since Forte Lane serves only
one lot, he felt this would be a situation where
a flag lot would be appropriate. Eddleman
indicated agreement. Collins responded that
there are only four situations where flag lots
are permitted. They are: to eliminate access
onto arterials , to utilize irregularly shaped
lots, to utilize land with difficult topography,
and to utilize land with limited septic sites .
This property meets none of that criteria.
Collins noted that the flag lot issue will be
reviewed in the near future in conjunction with
the public relations issues in process .
VOTE: Unanimous .
c. Final Plats ( 16 Lots )
( 1 ) La Mesa - Phase I Final Plat
( 8 Lots - Little River Township)
1
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 1990
Action Agenda
Item # G-.3
SUBJECT: PROPOSED TEXT AMENDMENTS - WETLANDS PERMITS
(ZONING ORDINANCE - ARTICLE 6 . 19 )
(SUBDIVISION REGULATIONS - SECTION IV-B-11 )
DEPARTMENT: Planning PUBLIC HEARING: Yes _X No
ATTACHMENT(S) : INFORMATION CONTACT:
Proposed Amendments Planning Director - Extension 346
11/27/89 Public Hearing Minutes
12/18/89 Planning Board Minutes TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: To consider proposed amendments to the Zoning Ordinance
and Subdivision Regulations . The amendments are
proposed in response to a request of the U. S. Army
Corps of Engineers, Wilmington District.
BACKGROUND: The Regulatory Branch of the U. S. Army Corps of
Engineers is responsible for implementation of the
Department of the Army permit program pursuant to
Section 404 of the Clean Water Act, and Section 10 of
the Rivers and Harbors Act of 1899 . Due to the broad
areas of jurisdiction and numerous projects in or
adjacent to such areas, the Corps of Engineers is
requesting placement of a paragraph concerning Federal
jurisdiction and permit requirements in the Zoning
Ordinance and Subdivision Regulations.
The proposed amendments would add a new Article 6 . 19 to
the Zoning Ordinance and a new Section IV-B-11 to the
Subdivision Regulations, serving as notification to
anyone who may be planning construction/filling
activities . It is the responsibility of the Corps of
Engineers to identify the wetland jurisdiction limits
and discuss the need for, and availability of, Federal
permits .
The proposed amendments were presented at public
hearing on November 27, 1989 . No substantive comments
were received other than questions about the method of
informing someone that a project was in a wetland.
2
At its December 18, 1989 meeting, the Planning Board
recommended approval of the proposed amendments .
RECOMMENDATION: The Administration recommends approval of the proposed
amendments per the Planning Board recommendation.
3
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: ZONING ORDINANCE
SUBDIVISION REGULATIONS
REFERENCE: ARTICLE 6 . 19 FEDERAL WETLANDS PERMITS
SECTION IV-B-11 WETLANDS
ORIGIN OF AMENDMENT: Staff Planning Board
BOCC Public
_XOther: U. S. Army Corps of Engineers
STAFF PRIORITY RECOMMENDATION: _X_High Middle Low
Comment:
EXPECTED PUBLIC HEARING DATE; November 27, 1989
PURPOSE OF AMENDMENT: To respond to a request of the
U. S. Army Corps of Engineers, Wilmington District.
IMPACTS/ISSUES: The Regulatory Branch of the U. S. Army Corps
of Engineers is responsible for implementation of the
Department of the Army permit program pursuant to Section 404
of the Clean Water Act, and Section 10 of the Rivers and
Harbors Act of 1899 . Due to the broad areas of jurisdiction
and numerous projects in or adjacent to such areas, the Corps
of Engineers is requesting placement of a paragraph
concerning Federal jurisdiction and permit requirements in
the Zoning Ordinance and Subdivision Regulations.
The proposed amendments serve as notification to anyone who
may be planning construction/filling activities . It is the
responsibility of the Corps of Engineers to identify the
wetland jurisdiction limits and discuss the need for, and
availability of, Federal permits .
EXISTING ORDINANCE PROVISIONS: None.
PROPOSED AMENDMENT: Zoning Ordinance.
If approved, the proposed amendment would add a new Article
6. 19 Federal Wetlands Permits to the Zoning Ordinance. The
proposed amendment is as follows :
6. 19 Federal Wetlands Permits
If a developer, corporation, private landowner or
4
other person proposes to perform construction/filling
activities in or near a lake, stream, creek,
tributary or any unnamed body of water and its
adjacent wetlands, Federal permit authorization may
be required from the U. S. Army Corps of Engineers
prior to commencement of earth-disturbing activities .
Filling activities include, but are not limited to,
construction of road crossings, sewer or utility line
installations, grading, placement of spoil from
ditching or other excavations, or placement of fill
for commercial or residential development.
A wetlands determination and specific permit
requirements may be obtained from the Raleigh Field
Office of the U. S. Army Corps of Engineers .
PROPOSED AMENDMENT: Subdivision Regulatons .
If approved, the proposed amendment would add a new Section
IV-B-11 Wetlands to the Subdivision Regulations . The proposed
amendment is as follows :
IV-B-11 WETLANDS
If a developer, corporation, private landowner or
other person proposes to perform construction/filling
activities in or near a lake, stream, creek,
tributary or any unnamed body of water and its
adjacent wetlands, Federal permit authorization may
be required from the U. S. Army Corps of Engineers
prior to commencement of earth-disturbing activities .
Filling activities include, but are not limited to,
construction of road crossings, sewer or utility line
installations, grading, placement of spoil from
ditching or other excavations, or placement of fill
for commercial or residential development.
A wetlands determination and specific permit
requirements may be obtained from the Raleigh Field
Office of the U. S . Army Corps of Engineers .
*******************************************************
ORDINANCE REVIEW COMMITTEE:
PLANNING BOARD REVIEW:
BOCC REVIEW:
.
-= o DEPARTMENT OF THE ARMY
11•`r� WILMINGTON DISTRICT,CORMS OF ENGINEERS
o
k:l P.0-60X 1e90 5
WILMINGTON,NORT, CAROLINA 28402.1890
June 23, 19E9
IN REPLY REFER TO
Regulatory Branch
Mr. Marvin Collins
Orange County Planning Director
Post Office Box 8181
Hillsborough, North Carolina 27278
Dear Mr. Collins:
The Regulatory Branch of the U.S. Army Corps of Engineers is responsible
for implementation of the -Department of the Army permit program pursuant to
Section 404 of the Clean Water Act, and Section 10 of the Fivers and Harbors
Act of 1899. Due to the broad areas of jurisdiction and numerous projects in
or adjacent to such areas, we are requesting placement of a paragraph
concerning Federal jurisdiction and permit requirements in your county's
current subdivision or zoning regulations. The following is an example
containing the recommended verbage:
If a developer, corporation, private landowner or other person proposes to
- perform construction/filling activities in or near a lake, stream, creek,
tributary or any unnamed body of water and its adjacent wetlands, Federal
permit authorization may be required from the U.S. Army Corps of Engineers
prior to commencement of earth—disturbing activities. Please contact
Ms. Kathy Trott of the Raleigh Field Office at (919) S —0749 for a
wetland determination and specific permit requirements.
We are only requesting that you forward the above infcrnation to anyone
who may be planning filling activities (e.g. , construction of road crossings,
sewer or •other utility line installations, grading, placement of spoil from
ditching or other excavation, or placement of fill for commercial or
residential development) in or near any water bodies. It is the
responsibility of Ms. Trott to identify the wetland jurisdiction limits and
discuss the need for., and availability cf, Federal permits.
As there:is •a strong need for. dispensing. information to the general public
- — concerning Federal permit regulations for work within waters of the United
States, we are extremely grateful for your help in this matter. Should you
decide that the above paragraph must be modified to fit your subdivision
•
-2-
6
regulations, effort should be made to retain the point without causing undue
confusion. If you have any questions, please contact Ms. Trott at the above
telephone number.
Sincerely,
•
mar)s W. H ,lis
hief, Regulatory Branch
•
{
ORANGE COUNTY PLANNING DEPARTMENT
��. 7
PI EE PI Q R P4 P4 D U M
Datut July 11, 1585
Tot County Attorney
From: Planning Director
Rat Section 404 Permit Pronrarn
Da you see any problem with the Corps of Engineers request
contained in the attached letter?
If not, it may be possible to prepare the amendment in time for
the August 26 public hearing.
Please advise.
I .
Marvin Collins
Planning Director
cct Planner III-Current
County Manager
206F Revere Roc, Ni lfaborou;h, N. C. 27E78
•
COLE N
, , BERN-Holz, DICKERSON, K=�C 1Y�j] J U 1. r
BERNHOLZ, GLEDHILL & HARGRAV'E g
ATTORNEYS AT LAW
P.C. DRAWER 1529
129 E. TRYON ST.
HILLSBOROUGH. N.C. 27278
915-732-2196
919-9A2-8000
CHAPEL KILL omCE July 20, 19 8 9
sUrTE 20. FRANKLIN BUILDING
137 E.FRANKLIN STREET
CHAPEL HILL.N.C.275)4
•
919-9�9-7151
ALONZO B.COLEMAN.JR
STEVEN A. BERNHOL2
DONALD R. DICKERSON
ROGER B. BERNHOL2 Er. Marvin
GEOFFREY E. GLEDHILL n Collins
DOUGLAS HARGRAYE Director
C.NICHOLAS HERMAN Oran County P
KIM K.STEFFAN Orange Caun Planning Department
NATHANIEL E.CLEMENTS 306F Revere Road
MARILYNELLISON Hillsborough, North Carolina 27278
Of CCunre)
BONNER D.SAWYER
(190:-1972) Re: Section 404 Permit Program
Dear Marvin:
There is merit to including the first sentence
of the Department of the Army reouest. However, I'd - -
like to see where the proposed language would be
inserted in the ordinances. The second sentence is not
appropriate ordinance language. It could read:
"Please contact the Raleigh Field Office of the U. S.
Army Corps of Encineers for a wetland determination and
permit requirements . "
Very truly yours,
Ir
4frey E. Gledhill
GEG/lsg
xc: .John. M. Link, Jr
•
tvg7/act 1?- Lic. umb i),A6 M►Nor�S D m W U u 9
Attorney Geoffrey Gledhill indicated that he wanted to clarify
that the case law in North Carolina almost uniformly analyzes
ordinances that have a standard that is as ours will be if this
amendment is approved. This will bring the County's ordinance in
line with the norm in North Carolina.
THERE WAS NO PUBLIC COMMENT ON THIS ITEM
A motion was made by Commissioner Marshall, seconded by
Commissioner Willhoit, to refer this item to the Planning Board for
a recommendation to be returned to the Board of Commissioners no
sooner than January 8, 1990.
VOTE: UNANIMOUS
d. Article 6. 19 -- Federal Wetlands Permits
3. f. Section IV-B-II-Wetlands
This item was presented by Marvin Collins. The purpose
of this presentation was to receive citizen comment on proposed
amendments to the Zoning Ordinance and Subdivision Regulations.
The amendments are proposed in response to a request of the U. S.
Army Corps of Engineers, Wilmington District.
The Regulatory Branch of the U. S. Army Corps of Engineers is
responsible for implementation of the Department of the Army permit
program pursuant to Section 404 of the Clean Water Act, and Section
10 of the Rivers and Harbors Act of 1899. Due to the broad areas
of jurisdiction and numerous projects in or adjacent to such areas,
the Corps of Engineers is requesting placement of a paragraph
concerning Federal jurisdiction and permit requirements in the
Zoning Ordinance and Subdivision Regulations.
The proposed amendments would add a new Article 6.19 to the
Zoning Ordinance and a new Section IV-B-II to the Subdivision
Regulations, serving as notification to anyone who may be planning
construction/filling activities. it is the responsibility of the
Corps of Engineers to identify the wetland jurisdiction limits and
discuss the need for, and availability of, Federal permits.
QUESTIONS AND COMMENTS FROM THE BOARD OF COMMISSIONERS AND THE
PLANNING BOARD.
Best questioned how a builder would know that they are in
wetlands.
Collins indicated that the flood plain maps and the USGS
topographical maps both show the wetlands. The Planning Department
has ordered wetland maps which are being prepared at this time.
This will indicate all wetlands in Orange County.
A motion was made by Commissioner Willhoit, seconded by
Commissioner Marshall, to refer this matter to the Planning Board
0, 1.0
L) /I
for a recommendation to be returned to the Board of Commissioners
no sooner than January 8, 1990.
VOTE: UNANIMOUS
3. Subdivision Regulations Text Amendments
a. Section IV-C-2 - Interim Development Standards
This item was heard concurrently with Item 2 a.
b. Section II - Definitions
This presentation was made by Emily Crudup. The purpose
of this presentation was to receive citizen comment on an amendment
to Section II of the Subdivision Regulations which will add
language to the definition of "subdivision" to be consistent with
State enabling legislation and to clarify standards for lots
resulting from the combination or recombination of existing lots.
The definition of subdivision in Section II of the Subdivision
Regulations follows the language of the North Carolina General
Statutes and contains a list of exceptions to the regulations.
The words, "portions of, " have been added to the description
of combinations and recombinations to be more consistent with the
wording in the General Statutes. According to the definition,
combinations and recombinations are exempt from the regulations
provided "the total number of lots is not increased and the
resultant lots are equal to or exceed the standards of the County
as shown in its subdivision regulations, "
The applicable standards for resultant lots have been
specified as 1) minimum lot size and lot width, 2) access to a
public road, and 3) evaluation of sewage disposal sites by the
Health Department, or notice of restricted development potential.
The purpose of listing these standards is to make clear the intent
that recreation and landscape requirements are not applicable to
combinations and recombinations since the number of lots is not
increased.
Subdivision means all divisions of a tract or parcel of land
into two or more lots, building sites, or other divisions for the
purpose of sale or building development (whether immediate or
future) and includes all divisions of land involving the dedication
of a new street or a change in existing streets; however, the
following is not included within the definition and is not subject
to any regulations.
THERE WERE NO COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING
BOARD, OR CITIZENS ON THIS ITEM.
A motion was made by Commissioner Willhoit, seconded by
Commissioner Marshall, to refer this item to the Planning Board for
a recommendation to be returned to the Board of Commissioners no
sooner than January 8, 1989.
II
gi
The Planning Staff recommends approval of the
proposed amendment.
Best asked why write it in such a way if it is
not expected to happen. Collins responded just
to make it clear with regard to what the intent
of the watershed protection is .
Best continued asking how it affected impervious
surfaces . Collins responded that if the density
bonus is increased by 25% in University Lake
Watershed we would be departing from the
recommended standard of -CDM of one unit per five
acres . The more units allowed, the more
difficult it will be to comply with a 4%
impervious surface ratio. Best continued that he
felt such an exclusionary clause was unnecessary.
Eidenier expressed concern that there was no
public direction from the public hearing. She
continued that if the Transition Area is where
the low cost housing seems to be going, she felt
it would not be ill-planned to state that is
where it should be.
MOTION: Yuhasz moved approval as recommended by the
Planning Staff . Seconded by Eddleman.
VOTE: 6 in favor.
2 opposed (Best & Waddell - both felt that the
amendment was unnecessary since the density
bonuses would only occur in Transition Areas ) .
(3 ) Article 8 . 2 . 1 -- Special Uses
Presentation by Marvin Collins .
(A copy of the abstract and complete information
is an attachment to these minutes on pages . )
MOTION: Best moved approval as recommended by the
Planning Staff . Seconded by Yuhasz .
VOTE: Unanimous .
(4) Article 6 . 19 - Federal Wetlands Permits
(Consider concurrently with Item #b( 6)
Subdivision Regulations Text Amendment
Section IV-B-11 - Wetlands)
(Copies of the abstracts and information an
attachment to these minutes on pages . )
MOTION: Yuhasz moved approval as recommended by the
12
int
Planning Staff. Seconded by Best.
VOTE: Unanimous .
David Stancil gave an update on the Durham-Chapel
Hill-Carrboro Thoroughfare Plan (memo an
attachment to these minutes on page ) .
b. Subdivision Regulations Text Amendments
( 1 ) Section IV-C-2 Interim Development
Standards (Considered with Item #a( 1 ) .
(2 ) Section II - Definitions
Presentation by Emily Crudup.
(A copy of the abstract an attachment to these
minutes on pages . )
MOTION: Eidenier moved approval as recommended by the
Planning Staff . Seconded by Best.
VOTE: 7 in favor.
1 opposed (Yuhasz - could see the need for a
change, but was not sure this change was the
best. Would prefer to ask questions of the
County Attorney before making such a decision. )
(3 ) Section III-D-2-c/d - Preliminary Plat
Review Procedures
Presentation by Emily Crudup.
(A copy of the abstract an attachment to these
minutes on pages . )
There was considerable discussion about what
would happen if the staff did not meet the time
requirements .
Yuhasz felt that there should be some wording to
cover such a possibility as staff not adhering to
the time guidelines .
Waddell suggested that staff provide wording to
cover such a possibility.
MOTION: Best moved approval as recommended by the
Planning Staff . Seconded by Hamilton.
Yuhasz suggested an amendment to the motion:
The Board of Commissioners shall receive the
1
ORANGE C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 1990
Action Agenda
Item # 6.-4
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT
(Articles 8 .2 . 1 and 8.2 .2 -- Special Uses)
DEPARTMENT: Planning PUBLIC HEARING: Yes _X_No
ATTACHMENT(S) : INFORMATION CONTACT:
Proposed Text Amendments Planning Director - Extension 346
11/27/89 Public Hearing Minutes
12/18/89 Planning Board Minutes TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: To consider a proposed amendment to the Zoning
Ordinance. The amendment, if approved, would clarify
the intent of Articles 8 .2 . 1 and 8.2 .2 in regard to the
findings required for approval of Special Uses.
BACKGROUND: Under Article 8 .2 . 1 of the Zoning Ordinance, before any
application for a Special Use Permit is approved, the
applicant has the burden of establishing, by competent
material and substantial evidence, the existence of the
facts and conditions which the Zoning Ordinance
requires for approval.
In addition, the Board of Commissioners, for Class A
Special Uses, and the Board of Adjustment, for Class B
Special Uses, must make written findings certifying
compliance with the specific rules governing the
special use under consideration and that the use
complies with all the required regulations and
standards, including three general conditions and all
applicable provisions of Articles 4, 5, 6, 7, 9, 10,
and 12 of the Zoning Ordinance. Among the three general
conditions is the following:
( 1) The use will promote the public health, safety,
and general welfare, if located where proposed and
developed and operated according to the plan as
submitted.
Under Article 8.2 .2, a similar finding is required.
Where the Board finds a preponderance of evidence to
2
indicate compliance with the general standards and
specific rules governing the special use, and that the
use complies with all required regulations and
standards, the application must be approved unless the
Board finds, in some specific manner, that:
a) The use will not promote the public health,
safety, and general welfare, if located where
proposed and developed and operated according to
the plan as submitted.
The findings referenced above are generic in the sense
that they are widely used in zoning ordinances around
North Carolina. The wording is also that with which
courts are familiar.
The use of the wording "will promote" and "will not
promote" sets too great a standard for an applicant to
meet. The principal concern is that a project not do
harm to the public health, safety, and general welfare.
Thus, a preferable standard, and that proposed for
Articles 8 .2 . 1 b) (2 ) and 8.2 .2 a) , is that a project at
least "maintain" if not promote the public health,
safety, and general welfare. Such a standard already
exists in Article 8.2 . 1 b) (2) .
(2) The use will maintain or enhance the value of
contiguous property (unless the use is a public
necessity, in which case, the use need not
maintain or enhance the value of contiguous
property) .
A similar provision also exists in Article 8 .2 .2 b) .
The proposed amendment was presented at public hearing
on November 27, 1989 . No comments were received.
At its December 18, 1989 meeting, the Planning Board
recommended approval of the proposed amendments.
RECOMMENDATION: The Administration recommends approval of the proposed
amendment per the Planning Board recommendation.
3
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: ZONING ORDINANCE
REFERENCE: ARTICLE 8 .2 . 1 AND 8 .2 .2 - SPECIAL USES
ORIGIN OF AMENDMENT: _X Staff Planning Board
�BOCC Public
_X_Other: County Attorney
STAFF PRIORITY RECOMMENDATION: X_High Middle Low
Comment:
EXPECTED PUBLIC HEARING DATE: November 27, 1989
PURPOSE OF AMENDMENT: To clarify the intent of Articles 8 .2 . 1
b) ( 1) and 8.2 .2 a) of the Zoning Ordinance in regard to the
findings required for approval of Special Uses.
IMPACTS/ISSUES: Under Article 8 .2 . 1 of the Zoning Ordinance,
before any application for a Special Use Permit is approved,
the applicant has the burden of establishing, by competent
material and substantial evidence, the existence of the facts
and conditions which the Zoning Ordinance requires for
approval.
In addition, the Board of Commissioners, for Class A Special
Uses, and the Board of Adjustment, for Class B Special Uses,
must make written findings certifying compliance with the
specific rules governing the special use under consideration
and that the use complies with all the required regulations
and standards, including three general conditions and all
applicable provisions of Articles 4, 5, 6, 7, 9, 10, and 12
of the Zoning Ordinance. Among the three general conditions
is the following:
(1) The use will promote the public health, safety, and
general welfare, if located where proposed and developed
and operated according to the plan as submitted.
Under Article 8 .2 .2, a similar finding is required. Where the
Board finds a preponderance of evidence to indicate
compliance with the general standards and specific rules
governing the special use, and that the use complies with all
required regulations and standards, the application must be
approved unless the Board finds, in some specific manner,
that:
A
a) The use will not promote the public health, safety, and
general welfare, if located where proposed and developed
and operated according to the plan as submitted.
The findings referenced above are generic in the sense that
they are widely used in zoning ordinances around North
Carolina. The wording is also that with which courts are
familiar.
The use of the wording "will promote" and "will not promote"
sets too great a standard for an applicant to meet. The
principal concern is that a project not do harm to the public
health, safety, and general welfare. Thus, a preferable
standard is that a project at least "maintain" if not promote
the public health, safety, and general welfare. Such a
standard already exists in Article 8 .2 . 1 b) (2 ) .
(2) The use will maintain or enhance the value of contiguous
property (unless the use is a public necessity, in which
case, the use need not maintain or enhance the value of
contiguous property) .
A similar provision exists in Article 8 .2 .2 b) .
EXISTING ORDINANCE PROVISIONS: Attached.
PROPOSED AMENDMENT:
The proposed amendment to Article 8.2 . 1 b) (2 ) is as follows :
( 1) The use will maintain or promote the public health,
safety, and general welfare, if located where proposed
and developed and operated according to the plan as
submitted.
The proposed amendment to Article 8.2 .2 a) is as follows:
a) The use will not maintain or promote the public health,
safety, and general welfare, if located where proposed
and developed and operated according to the plan as
submitted.
*******************************************************
ORDINANCE REVIEW COMMITTEE:
PLANNING BOARD REVIEW:
BOCC REVIEW:
ARTICLE 8 . SPECIAL USES
.� 8 .1 It is the intention of the Board of County Commis- 5
j sioners to create, and from time to time amend . a
list of Special Uses within Article 4 Permitted Use
Table which. because of their inherent nature ,
extent and external effects, require special care
in the control of their location and methods of
operation. The Board of County Commissioners is
aware of its responsibility to protect the public
health. safety and general welfare and believe that
certain uses which now or in the future may be
included on this list are appropriately handled as
Special Uses , subject to review in relation to
general and specific requirements. rather than as
uses permitted by right.
In addition to the listing of such uses . the Board
of County Commissioners intends that the general •
standards , established in Section 8 .2 .1 . and the
more specific requirements in 8 .2 .2 , established
below, shall be used by the Board of Adjustment.
the Planning Board and the Board of County
Commissioners, as appropriate , to direct
deliberations upon application or the approval of
Special Uses. It is the express intent of the
Board of County Commissioners to delineate the
areas of concern connected with each .Special Use
and to provide standards by which applications for
such Special Use shall be. evaluated. •
8 .2.1 Before any application for a Special Use shall be
_ approved:
a) The applicant shall have the burden of
establishing , by competent material and
substantial evidence, the existence of the facts
and conditions which this ordinance requires for
approval; and
b) The Board shall make written findings certifying
compliance with the specific rules governing
. such . individual Special Use and that the use .
which is listed as a Special Use in the district -
in which it is proposed to be located. complies
with all required regulations' and standards
including the following general conditions:
8-1
v 6
(1) The use will promote the public health►
safety and genera_ Welfare . if located w ere (—
proposed and developed and operated
according to the plan as submitted;
0°
(2) The use will maintain or enhance the value
of contiguous property (unless the use is a
public necessity, in which case the use need
not maintain or enhance the value of
contiguous property) ;
(3) The use is in compliance with the general
plan for the physical development of the
County as embodied in these regulations or
in the Comprehensive Plan, or portion
thereof, adopted by the Board of County
Commissioners;
and including all applicable provisions of Articles
4 ► 5 ► 6 , 7 , 9 , 10 and 12 of this Ordinance , unless '
greater or different regulations are contained in
the individual standards for the specific Special
Use. It shall be the responsibility of� . the
applicant to present evidence in the form of
testimony, exhibits , documents , models. plans and
the like to support the application for approval of
a Special Use .
8 .2 .2 Where the Board finds, a preponderance of evidence
to indicate compliance with the general standards ,
specific rules governing the specific use and that
the use complies with all required regulations and
standards the application must be approved unless
the Board shall also find, in some specific manner
that: •
OPa) The a will not promote the public health,
safety and general welfare , if located where
`proposed and ... developed and operated according
to the plan as submitted;
b) The use will not maintain or enhance the value
onticuous property, (unless the use is a public
necessity, in which case the use need not
maintain or enhance the value of contiguous
property) ;
c) The use is not in compliance with the general
• plans for the physical development of the
County as embodied in these regulations or in
the Comprehensive Plan, or portion thereof ,
adopted by the Board of County Commissioners .
8-2
Those opposing approval of the application on the 7
grounds that the use will not promote the public
health, safety and general welfare , will not
maintain or enhance the value of contiguous
property or is not in compliance with the general
plans for the physical development of the County
shall have the burden of establishing, by competent
material and substantial evidence the specific
manner in which. the proposed use does not satisfy
the requirements for approval of the application
for a Special Use.
8.2 .3 RESERVED
8.2 .4 In addition to the general standards stated in 8 .2
the following specific standards shall be addressed
by the applicant before the issuance of a Special
Use Permit:
a) Method and adequacy of provision of sewage
disposal facilities , solid waste, and water .
b) Method and adequacy of police, fire and rescue
squad protection.
c) Method and adequacy of vehicular access to the
site and traffic conditions around the site .
l • .d) Other use specific standards are set forth in
•
Section 8 . 8 .
8 .3
To Approve Or Disapprove
There is hereby established two classes of Special
Uses which shall be approved or disapproved as
shown:
Class A -- Approved or disapproved by Board of
Commissioners
•
Class B - Approved or disapproved by Board of
Adjustment
8 .4 ' Procedure For Submission and Cor.side-atipn of
8 .4 .1* xe rpi'c„zt. on -on`er,e )o
*Amended Prior ' to the application being received as
6-5-86 prescribed in Article 8 .4 .2 . the applicant must
. .request a pre-application meeting . with the Orange
J County Planning Department . A sketch plan illus-
trating the location, size and major design ele-
ments of the development of the site must be
submitted five (5) working days prior to the pre-
application meeting. The Planning Department may
p_•7a
1 27/89 ?JF`tc 14 e:+1;z 946 MLMo Ewa
CO 1 LA orlr-- 8
At the August 28, 1989 public hearing, a proposed amendment
to the Zoning Ordinance was considered which would provide density
bonus incentives to encourage the construction of low and moderate-
income housing. The density bonuses ranged from 25 to 50 percent,
depending upon the percentage of low and/or moderate-income
families benefiting from such a project.
At its October 16, 1989 meeting the Planning Board considered
the proposed amendments and recommended approval with specific
revisions. However, concern was expressed by the Planning Board
that the granting of density bonuses in water supply watersheds
would need to be balanced against the goals of watershed
protection. The Planning Board recommended that the applicability
of the bonus provisions in protected watersheds be considered at
this public hearing.
The density bonus provisions presented at the August 28, 1989
public hearing were scheduled to be considered by the Board of
Commissioners at its November 21, 1989 meeting. The proposed
amendment would change the subsection entitled "Applicability" of
Article 7.14.4 by adding the following provision: A density bonus
may not be approved for a Planned Development project located on
land designated in the Comprehensive Plan as a Protected Water
Supply Watershed in a Water Quality Critical Area except land that
is also designated as a Transition Area.
QUESTIONS AND COMMENTS FROM THE BOARD OF COMMISSIONERS AND PLANNING
BOARD
In response to a question from Commissioner Willhoit, Collins
indicated that the percentage of impervious surface would still
need to be met.
Commissioner Marshall indicated that she agreed with the
Planning Staff that this not be approved for water quality critical
areas.
Best indicated that he felt that affordable housing was needed
in the University Lake Watershed area and it is not }mown what
effect clustering would have on the water quality.
THERE WERE NO CITIZEN COMMENTS
A motion was made by Commissioner Willhoit, seconded by
Commissioner Hartwell, to refer this item to the Planning Board for
a recommendation to be returned to the Board of Commissioners
office no later than January 8, 1990.
c. Article 8.2. 1 - Special Uses
This presentation was made by Marvin Collins. The
purpose of this presentation was to receive citizen comment on a
�
•
D o
proposed amendment to the Zoning Ordinance. The amendment, if
approved, would clarify the intent of Articles 8.2.1 and 8.2.2 in
regard to the findings required for approval of Special Uses.
Under Article 8.2.1 of the Zoning Ordinance, before any
application for a Special Use Permit is approved, this applicant
has the burden of establishing, by competent material and
substantial evidence, the existence of the facts and conditions
which the Zoning Ordinance requires for approval.
In addition, the Board of Commissioners, for Class A Special
Uses, and the Board of Adjustment, for Class B Special Uses, must
make written findings certifying compliance with the specific rules
governing the special use under consideration and that the use
complies with all the required regulations and standards, including
three general conditions and all applicable provisions of Articles
4, 5, 6, 7, 9, 10, and 12 of the Zoning Ordinance. Among the three
general conditions is the following: The use will promote the
public health, safety, and general welfare, if located where
proposed and developed and operated according to the plan as
submitted.
Under Article 8.2.2, a similar finding is required. Where the
Board finds a preponderance of evidence to indicate compliance with
the general standards and specific rules governing the special use,
and that the use complies with all required regulations and
standards, the application must be approved unless the Board finds,
in some specific manner, that: The use will not promote the public
health, safety, and general welfare, if located where proposed and
developed and operated according to the plan as submitted.
The findings referenced above are generic in the sense that
they are widely used in zoning ordinances around North Carolina.
The wording is also that with which courts are familiar.
The use of the wording "will promote" and "will not promote"
sets too great a standard for an applicant to meet. The principal
concern is that a project not do harm to the public health, safety,
and general welfare. Thus, a preferable standard, and that
proposed for Articles 8.2 . 1 b) (2) and 8 .2.2 a) , is that a project
at least "maintain" if not promote the public health, safety, and
general welfare. Such a standard already exists in Article
8.2.1 b) (2) . The use will maintain or enhance the value of
contiguous property (unless the use is a public necessity, in which
case, the use need not maintain or enhance the value of contiguous
property) .
QUESTIONS OR COMMENTS FROM THE BOARD OF COMMISSIONERS AND PLANNING
BOARD
Commissioner Hartwell indicated that he was very pleased to
see this recommended change in wording.
, 0
Attorney Geoffrey Gledhill indicated that he wanted to clarify
that the case law in North Carolina almost uniformly analyzes
ordinances that have a standard that is as ours will be if this
amendment is approved. This will bring the County's ordinance in
line with the norm in North Carolina.
THERE WAS NO PUBLIC COMMENT ON THIS ITEM
A motion was made by Commissioner Marshall, seconded by
Commissioner Willhoit, to refer this item to the Planning Board for
a recommendation to be returned to the Board of Commissioners no
sooner than January 8, 1990.
VOTE: UNANIMOUS
d. Article 6. 19 - Federal Wetlands Permits
3. f. Section IV-B-II-Wetlands
This item was presented by Marvin Collins. The purpose
of this presentation was to receive citizen comment on proposed
amendments to the Zoning Ordinance and Subdivision Regulations.
The amendments are proposed in response to a request of the U. S.
Army Corps of Engineers, Wilmington District.
The Regulatory Branch of the U. S. Army Corps of Engineers is
responsible for implementation of the Department of the Army permit
program pursuant to Section 404 of the Clean Water Act, and Section
10 of the Rivers and Harbors Act of 1899. Due to the broad areas
of jurisdiction and numerous projects in or adjacent to such areas,
the Corps of Engineers is requesting placement of a paragraph
concerning Federal jurisdiction and permit requirements in the
Zoning Ordinance and Subdivision Regulations.
The proposed amendments would add a new Article 6.19 to the
Zoning Ordinance and a new Section IV--B-II to the Subdivision
Regulations, serving as notification to anyone who may be planning
construction/filling activities. It is the responsibility of the
Corps of Engineers to identify the wetland jurisdiction limits and
discuss the need for, and availability of, Federal permits.
QUESTIONS AND COMMENTS FROM THE BOARD OF COMMISSIONERS AND THE
PLANNING BOARD.
Best questioned how a builder would know that they are in
wetlands.
Collins indicated that the flood plain maps and the USGS
topographical maps both show the wetlands. The Planning Department
has ordered wetland maps which are being prepared at this time.
This will indicate all wetlands in Orange County.
A motion was made by Commissioner Willhoit, seconded by
Commissioner Marshall, to refer this matter to the Planning Board
12-18- 69 kc A m vns5
The Planning Staff recommends approval of the
proposed amendment.
Best asked why write it in such a way if it is
not expected to happen. Collins responded just
to make it clear with regard to what the intent
of the watershed protection is .
Best continued asking how it affected impervious
surfaces . Collins responded that if the density
bonus is increased by 25% in University Lake
Watershed we would be departing from the
recommended standard of CDM of one unit per five
acres . The more units allowed, the more
difficult it will be to comply with a 4%
impervious surface ratio. Best continued that he
felt such an exclusionary clause was unnecessary.
Eidenier expressed concern that there was no
public direction from the public hearing. --She
continued that if the Transition Area is where
the low cost housing seems to be going, she felt
it would not be ill-planned to state that is
where it should be.
MOTION: Yuhasz moved approval as recommended by the
Planning Staff . Seconded by Eddleman.
VOTE: 6 in favor.
2 opposed (Best & Waddell -- both felt that the
amendment was unnecessary since the density
bonuses would only occur in Transition Areas ) .
(3 ) Article 8 . 2 . 1 - Special Uses
Presentation by Marvin Collins .
(A copy of the abstract and complete information
is an attachment to these minutes on pages . )
MOTION: Best moved approval as recommended by the
Planning Staff . Seconded by Yuhasz .
VOTE: Unanimous .
(4) Article 6 . 19 - Federal Wetlands Permits
(Consider concurrently with Item #b( 6)
Subdivision Regulations Text Amendment
Section IV--B-11 - Wetlands)
(Copies of the abstracts and information an
attachment to these minutes on pages . )
MOTION: Yuhasz moved approval as recommended by the
f- Project Name: Hillsborough
g -- CI® Pole Relocation
Form 09216(5417)
Project No.. _ 438175221
Drawn By Harvey Bynum
STATE OF NORTH CAROLINA
COUNTY OF Orange
KNOW ALL MEN BY THESE PRESENTS,That Orange County
hereinafter called"Grantor"(whether one or more),in consideration of the sum of One Dollar($1.00)and other good
and valuable considerations,does hereby grant unto DUKE POWER COMPANY,its successors and assigns,herein-
after called "Grantee",the right, privilege and easement to go in and upon that certain land of Grantor(hereinafter
"premises")situated in said County and State, bounded by lands of:
Tax Map 36, Block D, Lot 1
East side of Court Street, South side of King St. , and North side Margaret Lanes
and over and across said premises within a right-of-way strip having a width of _15_ feet on each side of a
centerline determined by the centerline of the electrical facilities as installed, to(check applicable):
M construct,maintain and operate with poles,crossarms,wires,guys,anchors,cables,transformers and other nec-
essary apparatus and appliances,overhead lines for the purpose of transporting electricity and for the communica-
tions purposes of Grantee and regulated telephone utilities. The following rights are also granted to Grantee: to
enter said premises to inspect said lines, to perform necessary maintenance and repairs, and to make alterations
and additions thereto;to remove from the right of way strip,now or at any time in the future,trees,structures or other
obstructions that may endanger the proper maintenance and operation of said lines and trees of,,any:species that
Grantee determines will grow at maturity to a height that will endanger the proper maintenance and operation of,said
lines;to trim or remove and to keep trimmed or removed dead, diseased, weak or leaning trees or limbsoutside.of
the right of way strip which,in the opinion of Grantee,might interfere with or fall upon the electric or communication
facilities within the right of way strip;and to install guy wires and anchors extending beyond the limits of the right of
way strip when determined necessary by Grantee. _ • _,
❑construct,maintain and operate underground lines and conduits with other necessary apparatus and appliances,
either above ground or below ground, to include transformers and service connections, for the purpose of trans-
porting electricity and for the communications purposes of Grantee and its licensees.The following rights are also
granted to Grantee:to enter said premises to inspect said lines,to perform necessary maintenance and repairs,and
to make alterations and additions thereto; and to clear the land within the right of way strip and to keep it clear of
trees, structures or other obstructions; and to clear that land outside the right-of-way strip within ten feet of the
service door of any transformer or cabinet located within the right-of-way strip and to keep the area within ten feet
of said door clear of trees, structures or other obstructions. All underground facilities are to be installed in accord-
ance with the provisions of Grantee's Underground Distribution Installment Plan, NCUC Docket E-7, Sub 421, re-
ceipt of a copy of which is acknowledged by grantor.
This right-of-way is given to permit the construction of electrical facilities presently proposed.Facilities at other loca-
tions and future extensions of presently constructed facilities are not permitted by this agreement.The foregoing
notwithstanding,Grantee may relocate its electrical facilities and right-of-way strip over the premises to conform to
any future highway or street relocation, widening or improvement.
CUvTCMER'S COPY
CUCTV:IC:VS COPY
. IN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal, or if corporate, has caused this instru-
ment to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by author-
ity of its Board of Directors,this day of -, 19
Witness:_ (SEAL)
(AFFIX CORPORATE SEAL) (SEAL)
(SEAL)
(SEAL)
ORANGE COUNTY -
' (Corpo - = Name)
ATTEST: Vii_ _ - _ �� �� By -�( ,A�
r
/ Seamy •G/cr/ Preside,/
STATE O AROLINA, COUNTY
I, , a Notary Public for the abo - - - -nd County, hereby certify that
personally appeared before
me this day and being duly sworn, stated that in his - •ce
signed the foregoing instrument. Witness - • and official sea, - day of. , 19
My Commission Expire
Notary Public
STATE OF NORTH CAROLINA, /3A E COUNTY
, a Notary Public for the above State and County, hereby certify that
nf�s Ca.-ex) 3 ' personally came before me this day and acknowledged that—he is
-Seerot ry of , a corporation, and that by authority
dul •iven an• as the - of said N rPpratiorf;the foregoing nd annexed instrument was signed in its name by
, its_ (-h a r- -President, sealed with its corporate seal and attested by. gev r 8/rte-
as.its (1 -'-+E - .-_--- . Witness my hand and official seal,this the I d day of .7-1;11-iu, d , 19 4 y .
My Commission Expires ' /1- 30 - `T 3 /65,4
- Notary Public
The foregoing Certificate(s)of
is/are certified
to be correct.This day of , A.D., 19
REGISTER OF DEEDS FOR COUNTY
By Deputy/Assistant-Register of Deeds.
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Project Name: Hillsborough
r-armooals(s-s7) Pole Relocation
Project No. 438175221
Drawn By Harvey Bynum
STATE OF NORTH CAROLINA
COUNTY OF Orange
KNOW ALL MEN BY THESE PRESENTS,That Orange County
hereinafter called"Grantor"(whether one or more),in consideration of the sum of One Dollar($1.00)and other good
and valuable considerations,does hereby grant unto DUKE POWER COMPANY,its successors and assigns,herein-
after called "Grantee", the right, privilege and easement to go in and upon that certain land of Grantor(hereinafter
"premises")situated in said County and State, bounded by lands of:
Tax Map 36, Block D, Lot 1
East side of Court Street, South side of King St. , and North side Margaret Lane;
and over and across said premises within a right-of-way strip having a width of 15•_ feet on each side of a
centerline determined by the centerline of the electrical facilities as installed, to(check applicable):
M construct, maintain and operate with poles,crossarms,wires,guys,anchors,cables,transformers and other nec-
essary apparatus and appliances,overhead lines for the purpose of transporting electricity and for the communica-
tions purposes of Grantee and regulated telephone utilities. The following rights are also granted to Grantee: to
enter said premises to inspect said lines, to perform necessary maintenance and repairs, and to make alterations
and additions thereto;to remove from the right of way strip,now or at any time in the future,trees,structures or other
obstructions that may endanger the proper maintenance and operation of said lines and trees of any species that
Grantee determines will grow at maturity to a height that will endanger the proper maintenance and operation of said
lines; to trim or remove and to keep trimmed or removed dead, diseased, weak or leaning trees or limbs outside of
the right of way strip which, in the opinion of Grantee,might interfere with or fall upon the electric or communication
facilities within the right of way strip; and to install guy wires and anchors extending beyond the limits of the right of
way strip when determined necessary by Grantee.
❑construct, maintain and operate underground lines and conduits with other necessary apparatus and appliances,
either above ground or below ground, to include transformers and service connections, for the purpose of trans-
porting electricity and for the communications purposes of Grantee and its licensees. The following rights are also
granted to Grantee:to enter said premises to inspect said lines,to perform necessary maintenance and repairs,and
to make alterations and additions thereto; and to clear the land within the right of way strip and to keep it clear of
trees, structures or other obstructions; and to clear that land outside the right-of-way strip within ten feet of the
service door of any transformer or cabinet located within the right-of-way strip and to keep the area within ten feet
of said door clear of trees, structures or other obstructions. All underground facilities are to be installed in accord-
ance with the provisions of Grantee's Underground Distribution Installment Plan, NCUC Docket E-7, Sub 421, re-
ceipt of a copy of which is acknowledged by grantor.
This right-of-way is given to permit the construction of electrical facilities presently proposed.Facilities at other loca-
tions and future extensions of presently constructed facilities are not permitted by this agreement. The foregoing
notwithstanding, Grantee may relocate its electrical facilities and right-of-way strip over the premises to conform to
any future highway or street relocation, widening or improvement.
RET1;rrN s):
I;:Jr POWER CO& ,4KY
A:tri:ca:Ih Carter
P.O.Box 169of
enaPei H.C.27518
•
. IN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal,or if corporate, has caused this instru-
ment to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by author-
ity of its Board of Directors,this day of__ , 19
Witness: _(SEAL)
(AFFIX CORPORATE SEAL) (SEAL)
(SEAL)
(SEAL)
ORANGE COUNTY
' (Co ••rte Name)
By I1 c2.4-{A' - • 41
/ Stio Clerk Pres; et
STATE OF ` •' - AROLINA, COUNTY
I, , a Notary Public for the abov- . -nd County, hereby certify that
- personally appeared before
me this day and being duly sworn, stated that in his - t • -• -
signed the foregoing instrument.Witnes •• • and official sea, ' •- day of , 19
My Commission Expire
Notary Public
r `
STATE OF NORTH CAROLINA, COUNTY
, a Notary Public for the above State and County, hereby certify that
et,/3. personally came before me this day and acknowledged that-he is
a t.r Aux" Socrgtary of' G r- 1 . J( , a corporation, and that by authority
duly given and as the act of said corporation, the foregoing and annexed instrument was signed in its name by
/445 Cc �,-e y�T�-_ , its C—A c-z r P. ewt, sealed with its corporate seal and attested by ieve9^y ' / e_
as its G CL, S>xretaq Witness my hand and official seal,this the 1 u day of Ter " C'/ , 19- 7 o
My Commission Expires 3 C. -.�-6�
Notary Public
RETURN TO:
DUKE POWER COWAN
Attu:Edith Castor
P.O.sox 16931
Ctwpal FY,N.C.051111
The foregoing Certificate(s)of
is/are certified
to be correct.This day of , A.D., 19
REGISTER OF DEEDS FOR COUNTY
By Deputy/Assistant-Register of Deeds.
.
tt
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CONDUIT FACTLT IES
THIS AGREEMENT, made this 5th day of March 1990
by and between CENTRAL TELEPHONE COP1PANY-NORTH CAROLINA, a Delaware
corporation (hereinafter called "Licensor"), and Orange County
a Government Agency amponatiart authorized to do business in N 0 RT H CA RO LIN A
(hereinafter called "Licensee"):
WITNESSETH:
WHEREAS, Licensee is certificated to furnish telecom municatiors services
within the State of North Carolina, and for such purposes desires to place cable
facilities and associated equipment in the underground conduit system of Licensor; and
WHEREAS, Licersor is willing to permit, to the extent that it may lawfully
do so, the placement of said cable facilities and equipment in its undetyfound conduit
system where in the judgment of Licensor such use will not interfere with its own service
requirements, or the service requirements of other parties jointly using Licensors
undergrcund conduit system, including consideration of economy and safety.
N 0 W, THEREFORE, in corsideration of the mutual covenants, terms and
conditions herein contained, the parties hereto do hereby mutually covenant and agree as
follows:
1. Before placement of any facilities in the underground conduit systems of
the Licensor, Licensee shall make application and receive a permit
therefore in the form of Exhibit A, hereto attached and made a part
hereof. The granting of permits shall be at the sole discretion of
Licensor. Licensee shall notify Licensor five (5) days in advance of any
placement or scheduled maintenance activity so that Licensor can take
appropriate security and operational measures. This will not apply in the
event of an emergency.
2. $ is understood by Licensee that Licensor has heretofore entered into, and
may in the future enter into, contractual agreements with other parties for
the joint use of its underground conduit system and ducts or sub-ducts
thereof. Therefore, any application submitted by Licensee under terms of
this Agreement and any license granted by Licensor shall be subject to the
attachment rights which may be exercised by such other parties under
joint-use agreements, as provided in Paragraph 4 hereof.
C O N D Ufl FACILITIES
3. Licensee's cable farilities and associated equipment, in each and every
location, shall be placed within the applicable practices and specifications
of the Licensor and in compliance with any rules or orders now in effect or
that hereafter may be issued by the North Carolina Utilities Corn mission or
other authority having juriPdiction. Licensor's specifications shall require
that Licensee's cable facilities be irst4Ped in the conduit with sub-ducting
enclosing said cable facilities. Licensees cable facilities and associated
equipment shall be marked to clearly indicate ownership in each manhole.
lb is distinctly understood, however, that Licensor reserves the right to
refuse to permit or limit the occurrence and character of said placement in
any section or sections of the L.icensor's underground conduit system.
4. Licensee shall" at its own expense, make and maintain said placements in
safe condition and in thorough repair, and in a manner suitable to Licensor
and so they will not conflict with the use of said underground conduit
system by Licensor, cr by other parties using er having reserved the right
to use said system, or interfere with the working use of facilities therein or
which may from time to time be placed therein. Licensee shall at any
time, at its own expense, upon thirty (30) days notice from Licersor,
relocate, replace, or renew its facilities placed in said conduit system, and
transfer them to substituted ducts within the Licersox's conduit system or
perform any other work in connection with said facilities that may be
required by Licersor; provided, however, that in cases of an emergency, or
the need to provide prompt service to a customer, Licensor may relocate,
replace, or renew the facilities of Licensee, transfer them to substituted
ducts ar perform any other work in connection with said facilities that may
be required in the maintenance, replacement, removal, or relocation of said
conduit system the facilities therein or which may be placed therein, or for
the service needs of Licensor, and Licensee shall, on demand, reimburse
Licensor for the full cast and expense thereby incurred.
5a. In the event that Licensor determines that any section or sections of the
underground conduit system of Licensor to which Licensee desires to make
placements are inadequate to support the additional facilities in
CONDUrr FACILTIE5
accordance with the aforesaid specifications, Licensor will indicate on said
Exhibit A the changes necessary to provide adequate underground conduit
space and the estimated cost thereof to Licensee and return it to Licensee
and if Licensee still desires to make the placements and returrs the E xhihit
A marked to so indicate together with payment of the estimated cost,
Licensor will replace such section or sections of conduit with suitah1P
conduit. Where Licensee's desired placements can be accom modated in
present ducts of Licensor by rearranging Licersor's facilities therein, and
Licensee pays to Licensor the estimated cost of such rearrangements,
Licensor will so rearrange its facilities.
5b. All charges for engineering, rearrangements, and removal of Licensee's
facilities from Licersor;s conduit system shall be based upon the full cost
and expense to Licersor for performing such work. The cost to Licensor
shall be determined by the regular and customary methods used by Licensor
in determining such costs. Licensor shall refund, or Licensee shall pay, as
the case may be, any difference between estimated cost advanced by
Licensee under paragraph 5a and actual cast as determined by Licensor.
5c. The charge for replacement of section or sections of conduit shall include
the increased cast of the conduit, the undepreci.ated value of conduit
removed, the cast of removal less any salvage recovery, and the expense of
transferring Licensor's facilities from the old to new conduit.
5d. Licensee will also on demand reimburse the owner of other facilities placed
within said conduit system for any expense incurred by it or them in
transferring or rearranging said facilities.
6. Licensor reserves to itself, its success= and arts► the right to maintain
its conduit system and to operate its facilities therein in such manner as
will best enable it to fulfill its own service requirements, but in accordance
with the specifications hereinbefore referred to. Licersor shall not be
liable to Licensee for any interruption to service of Licensee or for
interference with the operation of the cable facilities and associated
equipment, of Licensee arising in any manner out of the use of Licersor's
conduit system hereunder.
CONDUIT FACILITIES
7. Licensee represents that it has obtained all legally required authority to
place and maintain its facilities within public streets, highways, and other
thoroughfares and has obtained all legally required consents from state,
county, or municipal authorities and from the owners of property to
construct and maintain facilities at the location of the Licenser's conduit
system which it desires to use, and will hold Licensor harmless from any
claims for damage or liability of whatever nature arising out of failure of
Licensee to secure such consents, franchises, or such certificates of
convenience and necessity as may be lawfully required. Licensor may
require from Licensee proof of such authority and consent.
8. Licensee shall pay to Licensor, for placements of Licensee's cable facilities
and associated equipment in the Licensor's conduit system, rental, at the
rate of $ 1.13 per year for each leased conduit duct foot, as hereinafter set
forth. Rental pay meats shall be made annually, in advance, on the 15 th
day of January of each year. The amount of the advance payment
shall be $ 1. 13 times the number of conduit duct feet contracted for
on each Dec. 15 th preceding payment date. Upon termination of this
Agreement, the rental payment shall be prorated for the time of actual
occupancy during the final annual period and shall be set off against the
advance rental paid by Licensee for that period. Rental shall be payable
for duct feet physically in place by Licensee without regard to whether
service is actually provided by Licensee through the facilities within.
Adjustments in the rental rate may be made by Licensor during the term of
the Agreement upon sixty (60) days'prior written notice to Licensee.
Notwithstanding any other provision of this Agreement, Licensee may
terminate this Agreement at the end of such notice period if the prapcsed
rate adjustment is not acceptable to Licensee, but Licensee shall remain
liable for and shall pay to Licensor the adjusted rental for any placements
which remain thereafter.
CONDUIT FACILITIES
9. In the event the Federal Corn municatiors Corn mission or the state
regulatory agency which has jurisdiction over underground conduit system
agreements, sets rental rates, terms or conditions which apply to such
agreements, such rental rates, terms or condition shall apply to this
Agreement in place of the rates, terms and conditions stated herein.
10. In the event that Licensor files a tariff during the term of this Agreement
covering placements in its underground conduit system, Licensor reserves
the right to substitute the rates and charges covered by such tariff in place
of the rentals set forth in Section 10 and 11 above. Licensor shall notify
Licensee in writing, with respect to any such tariff requesting an increase
in rates concurrently with the filing thereof.
11. Licensee agrees to take all necessary precautions by the irstallation of
protective equipment cr otherwise, to protect persons and property against
injury or damage that may result from Licensee's placements in Licensoe's
underground conduit system. If, in Licensoe's opinion, Licensee has not
taken such necessary precautions, Licensor shall have the right to
terminate the permission herein granted upon written notice to Licensee.
However, Licensor shall not be considered in any way responsible for the
adequacy or inadequacy of such precautions of Licensee.
12. In the event Licensee, its contractors, agents or employees cause damage
to the facilities of Licensor and joint users and associated equipment or
damage is caused by the presence of Licensee's equipment or in Licensee's
conduit systems, Licensee shall assume all responsibility for, and agrees
promptly to reimburse in full, Licersor and through Licersor, the joint
users, for all Ices and expense occasioned by such damage. Licensee shall
make an im mediate report to Licensor of the occurrence of any such
damage.
13. Licensee shall inde m nlify, protect, save harmless, and insure Licensor, its
successors and assigns, and any joint user from and against any and all
claims or demands for damages as a result of injury or destruction of
property or as a result of injury to or death of a person or persons,
including payments made under any workmen's C o mpenrsation law or under
any plan for employee's disability and death benefits, and including all
expenses incurred in defending against any such claims or demands, which
may arise out of or be caused by the creation, installation, maintenance,
CONDUIT FACILITIES
presence, use, rearrangements, removal or withdrawal of the placements of
Licensees equipment in Licersor's conduit system or by the proximity of
the respective facilities of the parties hereto or by an act of Licensee, its
contractors, agents and employees in the vicinity of Licersor's conduit
system. Licensee shall submit to Licensor evidence of Licensee's irsurance
coverage in such form and with such companie, as is satisfactory to
Licensor to protect the parties hereto from and agairst any and all claims,
demands, actions, judgments, costs, expense and liabilities of every name
and nature which may arise or result directly or indirectly from or by
reason of such claims and demands for damages, including contractual
7iahility coverage with respect to liability assumed by Licensee hereunder
and including claims under any Workmen's Compensation laws. The
amounts of such inurance against liability due to damage or destruction of
property shall be not less than $1,000,000 as to any one claim or damage
and $1,000,000 as to any one occurrence and against liability due to injury
to or death of persons shall be not less than $1,000,000 as to any one person
and $1,000,000 as to any one occurrence. All insurance here required shall
be furnished by Licersee at its own expense and shall remain in force for
the entire life of this Agreement, and all such insurance here required shall
provide that such insurance will not be canceled or changed except after
thirty (30) days written notice to Licersor. Unless it requests otherwise in
writing, Licensor shall be named as additional insured in each of said
policies other than Workmen's C o m pe rs ation policies.
14. In addition, Licensee shall inde m nify, protect, save harmless and irsure
Licersor and any Joint User:
a. from and agairst any and all claims and demands for damages to
property and for injury to or death to persons which may arise out of
or be caused by excessive electrical voltages and currents being
conducted over Licensee's equipment, whether resulting from
lightning, electric power line current or otherwise and regardless of
whether such electrical voltages and currents were also conducted
along and through Licersor's facilities and;
CONDUIT FACILITIES
b. from all loss and expense which may result from any claims of
governmental bodies, property owns or others that Licensee has
not a sufficient right or authority for placing and maintaining its
ern..ip m e nt at the locations of Licerrs underground conduit
system.
15. Licensor shall not be liable to Licensee, its customers, or any others, for
any interruptions to service of Licensee or for any interference with the
operation of Licensee's equipment arising in any manner out of the use of
Licensoe's conduit syste m hereunder unless due solely to Licer son's
negligence and in any event, the extent of Licensoe's liability shall be
limited to the actual damage, if any, caused to Licensee's equipment.
16. Licensee may at any time remove its placement from any section or
sections of conduit of the Licensor, but shall im mediately give Licensor
w rotten notice of such removaL No refund of any rental will be due on
account of such removaL
17. Upon notice from Licensor to Licensee that the use of any section or part
thereof, of the conduit system is forbidden by state, county c r municipal
authorities or property owners, the permit covering the use of such shall
im mediately terminate, and the facilities of Licensee shall be removed at
once by Licensee, at its expense, from the affected conduit system.
18. If Licensee shall fail to comply with any of the provisions of this
Agreement including the specficatiors hereinbefore referred to, or default
in any of its obligations under this Agreement and shall fail within thirty
(30) days after written notice from Licensor to correct such default or non-
compliance, Licensor may, at its option, forthwith terminate this
Agreement or the permit covering the placements to which such default ar
non-compliance shall have occurred. In cage of such termination, no
proportionate refund of prepaid rentals shall be made.
19. Except as otherwise provided, bills rendered under this Agreement shall be
payable by Licensee within one calendar month after presentation. Non-
payment of bills shall constitute a default under this Agreement.
20. Failure to enforce or insist upon compliance with any of the terms Cr
conditions of this Agreement shall not constitute a general waiver or
CONDUIT FA CILTTIE S
relinquishment of any such terms or condition, but the same shall be and
remain at all times in full force and effect.
21. Nothing herein contained shall be construed as affecting the rights or
privileges previously conferred by Licersor, by contract or otherwise, to
others, not parties to this Agreement, to use any such conduit system
covered by this Agreement; and Licensor shall have the right to continue
and extend such rights or privileges. The place m ent privileges herein
granted shall at all times be subject to such existing contracts and
arrangements, and renewal and extensions thereof.
22. Licensee shall not assign, transfer or sublet the privileges hereby granted
without the prior written consent of Licensor, which will not be
unreasonably withheld.
23. No use, however extended, of Licensor's conduit system under this
Agreement, shall create or vest in Licensee any ownership or property
rights in said conduit system, but Licensee's rights therein shall be and
remain a mere license. Nothing herein contained shall be construed to
compel Licensor to maintain any of said conduit system for a period longer
than demanded by its own service requirements.
24. This Agreement shall become effective upon its execution and if not
terminated in accordance with the provisions hereof shall continue in
effect for a term of five (5) years. Either party may terminate this
Agreement at the end of its term by giving to the other written notice at
least six (6) months prior to the expiration of said term; but, in the absence
of such notice, this Agreement shall continue in force upon the sa m e
covenants, terms, and con itiors for a further term of (1) year, and so on
fcr one (1) year periods, until terminated by either party at the end of any
current term by giving to the other written notice at least six (6) months
prior to the end of such term. Upon termination of the Agreement in
accordance with any of its terms, Licensee shall immediately remove its
facilities from all sections of the conduit system of the Licensor. If not so
removed, Licensor shall have the right to remove them at the cost and
expense of Licensee and without any obligation to Licensee to account for
any equipment so removed. If, however, an insurance carrier shall notify
CONDUIT FACILITIES
Licensor that policy or policies of insurance, as required under Section 13
hereof, will be canceled or changed, then this Agreement shall cease and
terminate upon the effective date of such cancellation, unless Licensee
provides replacement policies prior to cancellation date.
25. Licensee shall furnish a bond issued by a company satisfactory to Licensor
to cover the faithful performance by Licensee of its obligations under this
Agreement The amount of the bond shall be computed on the basis of $1
for each conduit duct foot placed in by Licensee provided, however, that
the minimum amount of said bond shall be $1,000. All bonds must specify
that the Licensor be notified thirty (30) days prior to the expiration or
cancellation of the bond.
26. Licensor, because of the importance of its service, reserves the right to
make periodic inspections of installations of Licensee in its conduit system;
and Licensee shall, on demand, reimburse,e Licersor for the expense of such
inspections. Inspections will not be made more often than once each three
years and upon notice to Licensee unless, in Licersor's judgment, such
inspections are required for reasons involving safety or because of a
violation of the terms of this Agreement by Licensee. Such inspections,
made or not, shall not operate to relieve Licensee of any responsibility,
obligation, or liahility assumed under this Agreement. Should such
inspections reveal any unauthorized placement, Licensee shall pay to
Licensor rental as specified in Section 10 hereof, retroactive to the date
such placement was made, if known, or if not known, then to the date of
the most recent prior inspection or the date of this Agreement, whichever
is later.
27. Subject to the provisions of Section 24 hereof, this Agreement shall extend
to and bind the successors and assigns of the parties hereto.
28. A31 prior placement Agreements and Supplements thereto between the
parties hereto for the use of the conduit system upon a rental basis within
the territory covered by this Agreement are hereby terminated; and all
placements in the conduit system after the effective date of this
Agreement shall be governed and paid for in accordance with the terms
hereof.
CONDU= FACILITIES
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed as of the day and year first above written.
CENTRAL TELEPHON COMPANY-
NORTH CAROLINA
WITNESS:
t��i h By: %�.r•L!
Vice wide - Operations
WITNESS:
/
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CONDUIT FACILITIES
PERMIT # 1-90
EXHIBIT A
CABLE SUB-DUCTING •
OUTSIDE OUTSIDE ''' TYPE TYPE
STREET OR PIANHOLE 0 DIAMETER DIAMETER DUCT OF OF
ROUTE ADDRESS FROM TO ( INCHES) ( INCHES) FEET CABLE JACKET
A' £7 Caide Ifg ucr ra " 37-# Q 5
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R 0441.T�►a+sr hµ#3 DIAGRAM OP CONDU ITS ROUTE
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CENTRAL TELEPHONE COMPANY-
NORTH CAROLINA
( Licensee) (Licensor)
BY: BY: 407 ,i
(Signature of Authorized Person) g atu ; o -uthor1zed Person)-
ITS: ITS: Vice President - Operations
(Title of Authorized- Person) ' T tle of Author ze Person
TELEPHONE 0 : TELEPHONE • : (704)328-0221
AMENDMENTS TO THE CONDUIT FACILITIES AGREEMENT
1. Change the first line of the paragraph that reads:
WHEREAS, Licensee is certified to furnish telecommunication
services. . .
to read:
WHEREAS, Licensee furnishes telecommunication services. . .
2 . Change the first sentence of section 1 to read:
Licensee shall make application and receive a permit for the
placement of its facilities in the underground conduit
systems of Licensor in the form of Exhibit A, hereto attached
and made a part hereof.
3 . Change the words "shall be" in the second line of section 3 to
read "have been. " Strike the word "shall" from the second
sentence. Replace the words "shall be" with the word "are" in the
third sentence. Strike the last sentence of section 3 in its
entirety.
4 . Strike in their entirety sections 5a, 5b, 5c and 5d.
5. Strike in its entirety section 7.
6. Strike the words "or damage is caused by the presence of
Licensee's equipment or in Licensee's conduit systems" from the
second, third and fourth lines of section 12.
7. Add the phrase "to the extent authorized by North Carolina law, "
to section 13 between the words "shall" and "indemnify" on the
first line of section 13.
8 . Strike in its entirety section 14 .
9 . Strike in its entirety section 25.
h z
PfriC
POLE ATTACHNIENTS
THIS AGREEMENT, made this 5th day of M rch 1990 by and
between CENTRAL TELEPHONE COMPANY-NORTH CAROLINA, a Delaware corporation
(hereinafter called "Licensor"), and_ Orange County
a Government Agency Iszospaigazim authorized
to do business in NORTH C A R O LIN A (hereinafter called "Licensee"):
W IT N ESSET N:
W HE RE AS, Licensee is certificated to furnish telecom m unications servrices
within the State of North Carolina, and for such purposes desires to attach cables, wires
and associated appliances to poles of Licensor; and
W H ERE AS, Licensor is willing to permit to Licensee, to the extent that it
may lawfully do so, the attachment of said cables, wires and appliances to its poles -
where in the judgment of Licensor such use will not interfere with its own service
requirements, or the service requirements of other parties jointly using Licensor's poles,
inciuding consideration of economy and safety.
NO W, T If E R E F O R E, in consideration of the mutual covenants, terms and
conditions herein contained, the parties hereto do hereby mutually covenant and agree as
follows:
1. Before placing attachment on any pole or poles of Licensor, Licensee shall
make application and receive a permit therefore in the form of Exhibit A,
hereto attached and made a part hereof. The granting of permits shall be
at the sole discretion of Licensor.
2. It is understood by Licensee that Licensor has heretofore entered into, and
may in the future enter into, contractual agreements with other parties for
the joint use of its poles. Therefore, any application submitted by Licensee
under terms of this Agreement and any license granted by Licensor shall be
subject to the attachment rights which may be exercised by such other
parties under joint-use agreements, as provided in Paragraph 4 hereof.
3. Licensee's cables, wire and appliances, in each and every location, shall be
erected and maintained in accordance with the requirements and
specifications of the National Electrical Safety Code - 1984 Edition, the
National Electrical Code, and applicable practices and specifications of the
Licensor and any amendments or revisions of said Codes, Practices, or
POLE ATTACHMENTS
Specifications and in compliance with any rules or orders now in effect or
that hereafter may be issued by the North Carolina Utilities Commission
or other authority having j.nisdiction. Licensee's cables, wire and
appliances to be placed on either side of the pole and 12" above cables,
wires and appliances of Licersor as indicated on a drawing attached to the
application form. Random switching from 12" above to 12" below Licensor
facilities on any particular pole line will not be permitted. Licensee's
cables, wires or appliances shall be marked to clearly indicate ownership at
each pole. It is distinctly understood, however, that Licensor reserves the
right to refuse to permit or limit the number and character of attachments
on any pole or poles.
4. Licensee shall, at its own expense, make and maintain said attachments in
safe condition and in thorough repair, and in a manner suitable to Licensor
and so they will not conflict with the use of said poles by Licersor, or by
other parties using or having reserved the right to use said poles, or
interfere with the wonting use of facilities thereon or which may from time
to time be placed thereon. Licensee shall at any time, at its own expense,
upon five days notice from Licersor, relocate, replace, or renew its
facilities placed on said poles, and transfer them to substituted poles, or
perform any other work in connection with said facilities that may be
required by Licensor. In the event the Licensee fails to relocate, replace
or renew its facilities after five days and in cases of emergency, or the
need to provide prompt service to a customer, Licensor may relocate,
replace, or renew the facilities of Licensee, transfer them to substituted
poles or perform any other work in connection with said fatalities that may
be required in the maintenance, replacement, removal or relocation of said
poles, the facilities thereon or which may be placed thereon, or for the
service needs of Licensor, and Licensee shall, on demand, reimburse
Licensor for the full cost and expense thereby incurred.
5a. In the event that Licensor determines that any pole or poles of Licensor to
which Licensee desires to make attachments are inadequate to support the
additional facilities in accordance with the aforesaid specifications,
Licensor will indicate on said Exhibit A the changes necessary to provide
adequate poles and the estimated cost thereof to Licensee and return it to
POLE ATTACHMENTS
Licensee and if Licensee still desires to make the attachments and retains
the Exhibit A marked to so indicate together with payment of the
estimated cost, Licensor will replace such inadequate poles with suitable
poles. Where Licensee's desired attachments can be accom modated on
present poles of Licensor by rearranging Licensor's facilities thereon, and
Licersee pays to Licersor the estimated ccst of such rearrange merits,
Licensor will so rearrange its facilities.
5b. All charges for engineering, rearrangements, and removal of Licensee's
facilities from Licensor's poles shall be based upon the full cast and
experse to Licersor for performing such work. The cost to Licensor shall
be determined by the regular and customary methods used by Licensor in
determining such cash. Licensor shall refund, or Licersee shall pay, as the
case may be, any difference between estimated cast advanced by Licersee
under paragraph 5a and actual cost as determined by Licersor.
5c. The charge for replace merit of poles shall include the increased cost of the
tal1Pr poles, the undepredated value of poles removed, the cost of removal
less any salvage recovery, and the expense of transferring Licensor
facilities from the old to new poles.
5d. Licensee will also on demand reimburse the owner of other facilities
attached to said poles for any expense incurred by it or them in
transferring or rearranging said facilities.
6. Any strengthening of poles (guying) required to accom modate the
attachments of Licensee shall be provided by and at the expense of
Licensee and to the satisfaction of Licensor. Whenever Licersee desires to
attach its guy wire to an anchor rod of Licensor, Licensee shall make
written application therefore, specifying therein the location of the anchor
rod in question and giving the ultimate strength of the proposed guy wire to
be attached to the anchor rod. Within ten days after the receipt of such
application, the Licensor shall notify the Licensee, in writing, whether or
not it will approve the attachment of said guy wire to said anchor rod. It is
understood and agreed that all attachments to existing anchor rods by
Licersee shall be made with a Licensor approved fitting attached to the
anchor rod. The Licensor reserves the right to require the Licensee to
POLE ATTACHMENTS
remove its attachment from an anchor rod if, in the future, Licensor
requires the full holding power of said anchor rod.
7. Licensor reserves to itself, its successors and assigns, the right to maintain
its poles and to operate its facilities thereon in such mariner as will best
enable it to fulfill its own service requirements, but in accordance with the
specifications hereinbefore referred to. Licensor shall nct be liable to
Licensee for any interruption to service of Licensee or for interference
with the operation of the cables, wire and appliances of Licensee arising in
any manner out of the use of Licensor's poles hereunder.
8. Licensee represents that it has obtained all legally required authority to
erect and maintain its facilities within public streets, highways, and other
thoroughfares and has obtained all legally required consents from state,
county, cr municipal authorities and from the owners of properly to
construct and maintain facilities at the locations of poles of Licensor which
it desires to use, and will hold Licensor harmless from any claims for
damage or]i hility of whatever nature arising out of failure of Licensee to
secure such consents, franchises, or such certificates of convenience and
necessity as may be lawfully required. Licensor may require from Licensee
proof of such authority and consent.
9. The Licensee shall, at its own cost and expense do such tree trim ming as it
deems necessary to keep its farili*i es free of encumbrances. "Tree
Trim ming" is defined as initial tree trim ming done by each party to make
its own wires and fariliries free and clear in a non-uniform right-of-way
situation and maintenance trim ming done to keep the wires and facilities
free and clear whether the right-of-way is uniform or non-uniform. "Non-
Uniform Right-of-Way" means a right-of-way where no ground clearing is
required, such as along city streets, towns, and subdivisions. By mutual
agreement, such tree trim ming may be done for the benefit of the two
parties by one contractor.
10. Licensee shall pay to Licensor, for attachments of Licensee's equipment to
Lioersor's pole, rental, at the rate aE $ 23.47 per year for each pole
contacted, as hereinafter set forth. Rental payments shall be made
annually, in advance, on the 15th day of January of each year. The amount
POLE ATTACHMENTS
of the advance payment shall be $ 23.47 times the number of poles
physically contacted on each December 15th preceding payment date. In
addition , Licensee shall pay to Licensor, on the 15th day of January of
each year, for past occupancy, $ 11.74 time the excess if any, of the
number of poles physically contacted on December 15th preceding the
pay ment date over the nu mber of poles physically contacted on the
preceding December 15th. Upon termination of this Agreement, the rental
payment shall be prorated for the time of actual occupancy during the final
annual period and shall be set off against the advance rental paid by
Licensee for that period. Rental shall be payable for poles physically
contacted by Licensee without regard to whether service is actually
provided by Licensee through the attached facilities. Adjustments in the
rental rate may be made by Licensor during the term of the Agreement
upon six (6) months' prior written notice to Licensee. Notwithstanding any
other provision of this Agreement, Licensee may terminate this Agreement
at the end of such notice period if the proposed rate adjustment is not
acceptable to Licensee, but Licensee shall remain liable for and shall pay
to Licensor the adjusted rental for any attachments which remain in place
thereafter.
11. In the event the Federal Communications Com mission or the state
regulatory agency which has jurisdiction over pole attachment agreements,
sets rental rates, terms or conditions which apply to such agreements, such
rental rates, terms or conditions shall apply to this Agreement in place of
the rates, terms and conditions stated herein.
12. In the event that Licensor files a tariff during the term of this Agreement
covering attachments made to its poles, Licensor reserves the right to
substitute the rates and charges covered by such tariff in place of the
rentals set forth in Section 10 and 11 above. Licensor shall notify Licensee
in writing, with respect to any such tariff requesting an increase in rates
concurrently with the filing thereof.
13. Licensee agrees to take all necessary precautions by the installation of
protective equipment or otherwise, to protect persons and property against
injury or damage that may result from Lice nsee t attachments to Lice rsort
poles. If, in Licensor's opinion, Licensee has not taken such necessary
POLE ATTACHMENTS
precautions, Licensor shall have the right to terminate the permission
herein granted upon written notice to Licensee. However, Licensor shall
nit be considered in any way responsible for the adequacy or inadequacy of
such precautions of Licensee.
14. In the event Licensee, its contractors, agents or employees cause damage
to the poles or facilities of Licensor and joint users and associated
equipment or damage is caused by the presence of Licensee's equipment or
Licersor's poles, Licensee shall assume all responsibility for, and agrees
promptly to reimburse in full, Licensor and through Licensor, the pint
users, for all less and expense occasioned by such damage. Licensee shall
make an im mediate report to Licensor of the occurrence of any such
damage.
15. Licensee shall inde mnify, protect, save harmles, and insure Licensor, its
successors and assigns, and any joint user from and against any and all
claims or demands for damages as a result of injury or destruction of
property or as a result of injury to or death of a person or persons,
including payments made under any Work men's Compensation law or under
any plan for employee's disability and death benefits, and including all
expenses incurred in defending against any such claims or demands, which
may arise out of or be caused by the creation, installation, maintenance,
presence, use, rearrangements, removal or withdrawal of the attachments
or placements of Licensee's equipment on Licersor's poles or by the
proximity of the respective cables, wires, apparatus, and appliances of the
parties hereto or by an act of Licensee, its contractors, agents and
employees on or in the vicinity of Licensor's poles. Licensee shall submit
to Licensor evidence of Licensee's insurance coverage in such form and
with such companies as is satisfactory to Licensor to protect the parties
hereto from and against any and all claims, demands, actions, judgments,
costs, expense and liabilities of every name and nature which may arise or
result directly or indirectly from or by reason of such claims and demands
for damages, including contractual liability coverage with respect to
liahility a- ?i med by Licensee hereunder and including claims under any
Work men's C o m persation laws. The amounts of such insurance against
POLE ATTACHMENTS
liability due to damage or destruction of property shall be not less than
$1,000,000 as to any one claim or damage and $L000,000 as to any one
occurrence and against liability due to injury to or death of persons shall be
not less than $1,000,000 as to any one person and $1,000,000 as to any one
occurrence. All insurance here required shall be furnished by Licensee at
its own expense and shall remain in force for the entire life of this
Agreement, and all such insurance here required shall provide that such
insurance will not be canceled or changed except after thirty (30) days
w dtten notice to Licensor. Unless it requests otherwise in writing,
Licensor shall be named as additional irsured in each of said policies other
than Workmen's C o m persation policies.
16. In addition, Licensee shall inde mnify, protect, save harmless and irsure
Licensor and any Joint User:
a. from and agairst any and all claims and demands for damages to
property and for injury to or death to persons which may arose out of
or be caused by excessive electrical voltages and currents being
conducted over Licensee's equipment, including drop wires, whether
resulting from lightning, electric power line current or otherwise
and regardless of whether such electrical voltages and currents were
also conducted along and through Licensor's facilities and;
b. from all loss and expense which may result from any claims of
governmental bodies, property owners or ethers that Licensee has
not a sufficient right or authority for plating and maintaining its
equipment at the locations of Licensee's poles.
17. Licensor shall not be liable to Licensee, its customers, or any others, for
any interruptions to service of Licensee or for any interference with the
operation of Licensee's equipment arising in any manner out of the use of
Licensor poles hereunder unless due solely to Licersor's negligence and in
any event, the extent of Licensor's liability shall be limited to the actual
damage, if any, caused to Licensee's equipment.
18. Licensee may at any time remove its attachment from any pole or poles of
Licensor, but shall im mediately give Licensor written notice of such
removal in the form of Exhibit 1, hereto attached and made a part hereof.
POLE ATTACHMENTS
No refund of any rental will be due on account of such re movaL
19. Upon notice from Licensor to Licensee that the use of any pole or poles is
forbidden by state, county or municipal authorities or property owner, the
permit covering the use of such pole or poles shall im mediately terminate,
and the cables, wires, and appliances of Licensee shall be removed at once
by Licensee, at its expense, from the affected pole or poles.
20. If Licensee shall fail to comply with any of the provisions of this
Agreement including the specificatiors hereinbefore referred to, or default
in any of its ohligatiors under this Agreement and shall fail within thirty
(30) days after written notice from Licensor to correct such default or non-
compliance, Licensor may, at its option, forthwith terminate this
Agreement or the permit covering the poles as to which such default or
non-compliance shall have occurred. In case of such termination, no
proportionate refund of prepaid rentals shall be made.
21. Except as otherwise provided, bills rendered under this Agreement shall be
payable by Licensee within one calendar month after presentation. Non-
payment of bills shall constitute a default under this Agreement.
22. Failure to enforce or insist upon compliance with any of the terms or
conditions of this Agreement shall not constitute a general waiver or
relinquishment of any such terms or condition, but the same shall be and
remain at all times in full force and effect.
23. Nothing herein contained shall be construed as affecting the rights or
privileges previously conferred by Licensor, by contract or otherwise, to
others, net parties to this Agreement, to use any poles covered by this
Agreement; and Licensor shall have the right to continue and extend such
rights or privileges. The attachment privileges herein granted shall at all -
times be subject to such existing contracts and arrangements, and renewal
and extersior s thereof.
24. Licensee shall not assign, trarsfer or sublet the privileges hereby granted
without the prior written consent of Licensor, which will not be
unreasonably withheld.
25. No use, however extended, of Licensor's poles, under this Agreement, shall
create or vest in Licensee any ownership or property rights in said poles,
POLE ATTACHMENTS
but Licensee's rights therein shall be and remain a mere license. Nothing
herein contained shall be construed to compel Licensor to maintain any of
said poles for a period longer than demanded by its own service
require merits.
26. This Agreement covers the provisioning of telecom municatiors services and
shall become effective upon its execution and if not terminated in
accordance with the provisions hereof shall continue in effect for a term of
five (5) years. Either party may terminate this Agreement at the end of its
term by giving to the other written notice at least six (6) months prior to
the expiration of said term; but in the absence of such notice, this
Agreement shall continue in force upon the same covenants, terms, and
conditions for a further term of (1) year, and so on for one (1) year periods,
until terminated by either party at the end of any current term by giving to
the other written notice at least six (6) months prior to the end of such
term. Upon termination of the Agreement in accordance with any of its
terms, Licensee shallim mediately remove its cables, wires, and appliances
from all poles of Licensor. If not so removed, Licensor shall have the right
to remove them at the cast and expense of Licensee and without any
obligation to Licensee to account for any equipment so removed. If,
however, an insurance carrier shall notify Licensor that policy or policies
of insurance, as required under Section 13 hereof, will be canceled or
changed, then this Agreement shall cease and terminate upon the effective
date cf such cancellation, unless Licensee provides replacement policies
prior to cancellation date.
27. Licensee shall furnish a bond issued by a company satisfactory to Licensor
to cover the faithful performance by Licensee of its obligations under this
Agreement. The amount of the bond shall be computed on the basis of $25
for each pole attached to by Licensee provided, however, that the minimum
amount of said bond shall be $1000. All bonds must specify that the
Licensor be notified thirty (30) days prior to the expiration or cancellation
of the bond.
28. Licensor, because of the importance of its service, reserves the right to
make periodic inspections of installations of Licensee on its poles and in
POLE ATTACHMENTS
the vicinity of its lines and appliances; and Licensee shall on demand,
reimburse Licensor for the expense of such inspections. Inspections will
not be made more often than once each three yeas and upon notice to
Licensee unless, in Licensor's judgment, such inspections are required for
reasons involving safety or because of a violation of the terms of this
Agreement by Licensee. Such inspections, made or not, shall not operate
to relieve Licensee of any responsibility, obligation, or liability assumed
under this Agreement. Should such inspections reveal any unauthorized
attachments, Licensee shall pay to Licensor rental as specified in Section
10 hereof, retroactive to the date such attachments were made, if known,
or if not known, then to the date of the most recent prior inspection or the
date of this Agreement, whichever is later.
29. Subject to the previsions of Section 24 hereof, this Agreement shall extend
to and bind the successors and assigns of the parties hereto.
30. All prior attachment Agreements and Supplements thereto between the
parties hereto for the use of poles upon a rental basis within the territory
covered by this Agreement are hereby terminated; and all attachments to
poles after the effective date of this Agreement shall be governed and paid
far in accordance with the terms hereof.
POLE ATTACHMENTS
IN WITNESS WHERE 0 F, the parties hereto have caused this Agreement to be duly
executed as at the day and year fiat above written.
CENTRAL TELEPHONE COMPANY-NORTH
WITNESS: CAROLINA
4 arr'Iu By:
Vice •resi•ent- operations
LJITN ESS:
•
/Plei ' ,..> �_ ' %. =! By: X . / 4
POLE ATTACHMENTS
EXHIBIT A
APPLICATION AND PERMIT
CENTRAL TELEPHONE COMPANY-NORTH CAROLINA
In accordance with the terms and conclitinns of the License Agreement
between us, dated March 5 , 19 90 , application is hereby made for a license to
make attachments to the following telephone poles
TABLE OF ATTACHMENT
POLE NO. LOCATION CABLE AMPLIFIER OTHER
V-11 W. Corbin St. X
V-12 W. Corbin St. X
V-13 W. Corbin St. X
V-14 Bus. Hwy 70 X
V-15 Bus. Hwy 70 X
V-16 Bus. Hwy 70 X
SUBMIT IN DUPLICATE
Licensee
BY _ /: • ,
a .
AIR; 0- - ' ••
TITLE BOARD OF COMMISSIONERS
• f
Permission granted March 5 , 19 90 subject to your agreement to the
fallowing changes and rearrangements at an estimated cast to you of $ NA
CENTRAL TELEPHONE COMPANY-NORTH CAROLINA
BY
TITLE Vice President -- Operations
AGREED:
Licensee
BY PERMIT NO. NC C
TITLE TOTAL POLES 6
POLE ATTACHMENTS
EXHIBIT 1
NOTIFICATION OF REMOVAL BY LICENSEE
CENTRAL TELEPHONE COMPANY—NORTH CAROLINA
In accordance with the terms and conditions of the License Agreement
between us, dated , 19 , notice is hereby given that the license
covering attachments to the following poles in surrendered (or modified, if indicated):
License No. Dated , 19
Pole Identification Attachment Removed From Permit No.
Licensee
BY
TITLE
Date Notice Received By
Total Poles Discontinued
AMENDMENTS TO THE POLE ATTACHMENTS AGREEMENT
1. Change the first line of the paragraph that reads:
WHEREAS, Licensee is certified to furnish telecommunication
services. . .
to read:
WHEREAS, Licensee furnishes telecommunication services. . .
2 . Change the first sentence of section 1 to read:
Licensee shall make application and receive a permit for the
attachment on poles of Licensor in the form of Exhibit A hereto
attached and made a part hereof.
3 . The words "shall be" in the first line of section 3 should be
changed to "have been". The words "to be" in the ninth line of
section 3 should be changed to "have been" . Strike the
sentence beginning "Random swithching. . . " in the eleventh line of
section 3 . The sentence in line thirteen of section 3 should read
"Licensee's cables, wires or appliances are marked to clearly. . . " .
Strike the sentence beginning "It is distinctly understood. . . " in
the fourteenth line of section 3.
4. Strike in their entirety sections 5a, 5b, 5c and 5d.
5. Strike in its entirety section 8.
6. Strike the words "or damage is caused by the presence of
Licensee's equipment or in Licensee's poles" from the third and
fourth lines of section 14.
7. Add the phrase "to the extent authorized by North Carolina law, "
to section 15 between the words "shall" and "indemnify" on the
first line of section 15.
8. Strike in its entirety section 16.
11. Strike in its entirety section 27.
:. ' 1
RESOLUTION
IOF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date -- -- -- Sfa.vt.uar/ g, )9'
X70
Name of Subdivision Wyndsonq
Owner/Applicant Nancy S. Tempesta & Betty June Hayes
The Board of County Commissioners hereby approves the Preliminary Plat
of Wyndsong Subdivision recommended by the Administration, containing
15 lots, subject to the fulfillment of requirements specified herein.
A. Roads
1. Andante Drive is to be constructed to Class A private road
standards from Davis Road to Lyric Circle. From Lyric Circle
to the cul-de-sac, Andante Drive shall be constructed to
Class B private road standards. Lyric Circle shall be
constructed to Class B private road standards and Forte Lane
shall be constructed to Class C private road standards.
OR
A letter of credit, escrow agreement, or bond shall be
submitted to secure for future improvement/construction of
Andante Drive, Lyric Circle, and Forte Lane to the standards
specified above. 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.
2 . All private roads shall be contained within the rights-of-way
indicated on the final plat.
3. A Private Road Maintenance Agreement shall be approved by the
County Attorney and recorded with the final plat.
B. Land Use Buffers and Landscaping
1. Landscaping shall be installed or preserved as indicated on
the preliminary plan dated September 12, 1989, and must be
inspected and approved by the Planning and Inspections
Department.
2
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 Duke
Power transmission line along the north side of the
subdivision. The buffer shall be 50 feet in width and
provide sufficient vegetation to meet the standards of
Section IV-B-8-e. The existence of the buffer shall be noted
on the plat.
C. Drainage
1. Indicate a 60 ' drainage easement along the intermittent
stream which flows west-east in the southern portion of the
subdivision.
2 . Impervious surface data, as required by Article 6 .23 .4 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.
D. Parkland
1. Cash in the amount of $822 . 00 ( $1, 919 .00/acre x 1/35 acre =
$54 . 85/lot x 15 lots = $822 . 00) shall be paid to Orange
County as payment-in-lieu of parkland dedication.
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 following natural and man-made site features shall be
shown on the plat:
a. Intermittent Stream
b. Overhead Utility Lines
3. The following easements shall be shown on the plat:
- Existing access easement on western subdivision boundary
- 60' drainage easement as required by Orange County
Erosion Control
- Existing overhead powerline easements
4. A setback of 40 feet shall be maintained as measured from the
edge of right-of-way. Side yards shall be a minimum of 20
feet, and rear yards a minimum of 20 feet. 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.
it
3
5. Receive final approval of easement agreements, restrictive
covenants, and private road maintenance agreement documents
from the County Attorney.
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 Dedication and Maintenance signed by the
property owner(s) shall be notarized on the face of the plat.
3. The Department of Environmental Health shall certify that
each lot contains a suitable area for septic disposal.
■ 7.7.S• \ �\ \
At Age- / 41106111%/r ,
Signa ire of Applic't Clerk /io the =oar.
I, , accept the above listed conditions of
subdivision approval, and acknowledge that each must be met prior to
recordation of the final plat.