HomeMy WebLinkAboutAgenda - 04-20-2018 6-a - Major Subdivision Preliminary Plat Application – Triple Crown FarmsORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 17, 2018
Action Agenda
Item No. 6-a
SUBJECT: Major Subdivision Preliminary Plat Application – Triple Crown Farms
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
1. BOCC June 17, 2014 Approval Items
(Abstract, Minutes, Preliminary Plat,
Resolution of Approval, and Approval
Letter)
2. May 18, 2015 Extension Letter and
Email Chain
3. Memo from Pennoni Outlining
Roadway Issues
4. Resolution of Approval
Patrick Mallett, Planner II, (919) 245-2577
Michael D. Harvey, Planner III, (919) 245-2597
Craig Benedict, Director, (919) 245-2575
PURPOSE: To continue review and take final action on a request to modify a previously approved
Major Subdivision Preliminary Plat application.
STAFF COMMENT: At its April 3, 2018 regular meeting, the BOCC voted 3 to 3 on a motion
to approve the requested modification. As a result of the tie vote, the request was technically
denied. The BOCC then voted unanimously to bring the item back to the April 17, 2018
regular meeting so the full BOCC could re-review and take action on the request.
Agenda materials from the April 3, 2018 BOCC meeting can be access via the following link:
http://server3.co.orange.nc.us:8088/weblink8/0/doc/52008/Page1.aspx
BACKGROUND: The request seeks to modify conditions associated with roadway construction
within the Triple Crown Farms subdivision. Specifically, the applicant is seeking a modification to the
County’s original approval, which required internal roadways to be constructed to NC Department of
Transportation (NCDOT) public road standards.
STAFF COMMENT: As detailed during the April 3, 2018 BOCC regular meeting, the Triple
Crown Farms Major Subdivision was originally approved by the BOCC on June 17, 2014 as a
20 lot single-family residential subdivision. At that time the applicant proposed, and the
BOCC approved, internal roadways to be constructed to applicable NCDOT public road
standards.
The developer is requesting that the roads be constructed to Class A private road standards as
detailed in Section 7.8.5 of the Unified Development Ordinance (UDO). The roads could still meet
NCDOT road standards except for elements of the drainage culvert/bridge construction (i.e. the wing
walls, side slopes, and bottom flow material) and other similar items.
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STAFF COMMENT: Private roads that are built to applicable NCDOT public road standards
but privately maintained by local homeowners are acceptable in Orange County for the
following reasons:
i. Subdivision roads will not serve beyond the subject property because of the
presence of environmental features (i.e. stream crossings, floodplain, steep
slopes, wetlands, etc.) and the potential for negative impacts to same resulting
from development activity. Under these circumstances, connectivity is not
warranted.
ii. Although the stream crossing (i.e. culvert construction) does not meet applicable
NCDOT design standards, the design does apparently meet a 75 year road life
threshold as indicated by the applicant. As a result there is opportunity for funds
to be secured and saved for eventual repair/replacement.
iii. As constructed, the roadway has had less significant environmental impact on
existing waterways than the alternative(s) based on the information available to
staff at this time.
iv. The future homeowners association (HOA), based on recommended conditions
and revised neighborhood covenants, will be fully aware of the costs associated
with maintaining roadways to applicable standard(s) and that said roadways
cannot be maintained by NCDOT unless modified to address deficiencies.
A synopsis of the review and approval of this project is as follows:
• Concept Plan was originally approved by the Planning Board on November 6, 2013. Link to
Agenda and Minutes:
http://www.orangecountync.gov/document_center/PlanningInspections/PBAgendaNov2013_web.pdf
http://www.orangecountync.gov/document_center/PlanningInspections/11613PBMinutes.pdf
• Preliminary Plat was originally approved by the Planning Board on May 7, 2014. Link to
Agenda and Minutes:
http://www.orangecountync.gov/document_center/PlanningInspections/5_7_14PBAgenda.pdf
http://www.orangecountync.gov/document_center/PlanningInspections/5_7_14PBMinutes.pdf
• Preliminary Plat was originally approved by the BOCC on June 17, 2014. Link to Agenda and
Minutes:
http://www.orangecountync.gov/document_center/BOCCAgendaMinutes/June_17__2014.pdf
http://server3.co.orange.nc.us:8088/weblink8/0/doc/33741/Page1.aspx
• Erosion Control plans were approved for the project on February 27, 2017. The Land
Disturbance permit (EC17-0027) was issued on March 16, 2017.
• The request to modify the Preliminary Plan and the NCDOT design standards requirement
was submitted on January 10, 2018.
Proposal: The developer, Mr. Danny Jones, has submitted a request to modify/amend the
previously approved Major Subdivision Preliminary Plat for Triple Crown Farms as follows:
1. Construct roads serving the proposed single-family residential lots to the applicable County
private road standard (i.e. a Class A Roadway per Section 7.8.5 of the UDO) versus the
NCDOT public road standard(s);
2
STAFF COMMENT: The developer has indicated compliance with NCDOT standards
associated with stream crossings will require further US Army Corps of Engineers
(USACE) and NC Department of Environmental Quality (NCDEQ) review/approval as
well as mandate additional land disturbance/grading, thereby creating additional
negative impacts on existing waterways.
Unfortunately, the developer and the engineering firm working on this project,
specifically Pennoni, were unable to provide any specific details on these purported
impacts at the BOCC’s April 3, 2018 regular meeting other than a cell phone picture
purportedly depicting the crossing.
2. Reduce proposed roadway widths from 20 feet to 18 feet consistent with the County’s Class
A Roadway private road standard(s);
STAFF COMMENT: Staff would support the reduction in road width because it will
reduce the overall impervious cover for the project and match the roadway width of
Whirlaway Lane (the public road serving Triple Crown Estates) to the north of this
request.
3. Reduce the total number of lots for the development from 20 to 19;
STAFF COMMENT: Lots 9 and 10, as approved on the original preliminary plat, were
recombined and recorded via an Exempt Subdivision within Plat Book 118 Page 21
with the Orange County Register of Deeds and assigned PIN 9860-01-0141.
4. Eliminate a proposed fire pond.
STAFF COMMENT: Fire suppression shall be achieved via a nearby OWASA owned
water line and hydrant, which has been tentatively reviewed and approved by the
Orange County Fire Marshal, thereby negating the need for the previously approved
fire pond.
All other aspects of the project (i.e. road alignment, lot size, open space, etc.) shall be consistent with
the previously approved Preliminary Plat.
At the April 3, 2018 BOCC meeting, the following questions/observations were made:
a. What did the developer propose, with respect to the roads, as part of the original application
reviewed and acted on at the June 17, 2014 meeting?
STAFF COMMENT: The developer proposed to develop all roadways to the
applicable NCDOT public road standard(s). Please refer to Attachment 1 for additional
detail.
b. Did the staff indicate that private roads would be allowed within the development?
STAFF COMMENT: Staff has stated that the roadways have to be
designed/constructed to applicable NCDOT public road standards consistent with the
action of the BOCC (refer to Attachment 1) regardless of who ultimately maintains said
roadways (i.e. maintained privately by the local property owners or maintained as part
of the public road system by NCDOT).
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As late as May 18, 2015, when the Planning Director authorized an extension of the
approved Preliminary Plat consistent with Section 2.15.3 (G), the developer was
reminded that internal roadways had to be developed to applicable NCDOT public
road standards.
Please refer to Attachment 2 for additional detail.
c. Why was this not caught at the permitting stage?
STAFF COMMENT: Orange County staff (i.e. Current Planning, Engineering and
Erosion Control, etc.) reviewed various plans (concept plan, preliminary plan, erosion
control, stormwater, etc.) indicating the roadways would be developed/constructed to
the applicable NCDOT public road standard(s).
There is a disagreement between the engineer for this project and local NCDOT staff
with respect to what is necessary/allowed/required to comply with applicable public
road standards, including but not limited to:
i. Required permit authorization(s) from NCDOT prior to the commencement of
land disturbing activity;
ii. Required improvement(s) for stream crossing(s);
iii. Allowable slopes and associated easements;
iv. Required/mandatory NCDOT inspections; and
v. General construction requirement(s).
County staff typically does not review these elements. Adherence to NCDOT road
standards is solely NCDOT’s purview.
Staff agrees with several BOCC member comment(s) from the April 3, 2018 regular
meeting that all this could have been avoided with better communication between the
project engineer and NCDOT staff prior to the initiation of land disturbing activity.
d. If approved, will this request impact previously approved open space?
STAFF COMMENT: No, the total area preserved as open space for this project shall
remain at approximately 1,678,305 square feet of land area or 38.53 acres.
e. What are the differences between the County’s Class A road and a NCDOT public road?
STAFF COMMENT: The following table illustrates the main similarities/differences
between the aforementioned standards:
Class A Private Road
NCDOT Public Road
Standards
(Local Residential Subdivisions)
Required
right-of-way 50 ft. 50 ft.
Required
travel-lane
width
18 ft.
18 ft.
(for Local Residential Roads per NCDOT Subdivision
Roads Min. Design Standards)
Composition
of travel lane
(i.e. how
improved)
Gravel, concrete, or
asphalt
Asphalt
4
Composition
of road
4” Compacted
Aggregate Base
And
2” Travel lane base
material (i.e. gravel,
concrete, asphalt)
8” Compacted Aggregate Base
And
2” Travel lane base material (i.e. asphalt)
Typical cross
section for
drainage
ditches
Maximum
allowable
grade of road
12% 12%
Orange County does not have a road/structural design standard associated with
stream crossings. We either defer to an engineered design, which is
reviewed/approved by County staff (i.e. Current Planning, Fire Marshal, Building
Inspections, Engineering, etc.), or require the developer to defer to NCDOT design
standards.
f. What is the applicant’s justification supporting the requested modification?
STAFF COMMENT: As previously indicated there was a dearth of information
provided at the April 3, 2018 BOCC regular meeting in support of this request. The
project engineer has since provided additional detail, which is contained in Attachment
3.
g. If the modification is approved, how can the County guarantee property owners are advised of
their responsibilities to maintain the road(s)?
STAFF COMMENT: Staff has recommended imposition of the following conditions
if the modification is approved:
i. Development and recordation of a Private Road Maintenance
Agreement (RMA) denoting all roadways are private and shall be
maintained by the local property owners. This agreement will have to be
recorded within the Orange County Registrar of Deeds Office.
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ii. The inclusion of a disclosure statement on the Final Plat, which also has
to be recorded within the Orange County Registrar of Deeds Office,
indicating all roadways are privately maintained by local property
owners.
iii. Local covenants for the development that specifically indicate all
roadways are privately maintained.
As indicated by the County Attorney during the April 3, 2018 regular meeting, both
of these document(s) would appear as part of a title search on the property and
will have to be disclosed to individuals purchasing property within the
development.
As a reminder, Section 7.4.7 of the UDO requires Planning staff to hold a meeting
between the developer and local property owners when maintenance
responsibilities are about to be turned over to a local homeowners association.
The purpose of this meeting is to ensure all parties are aware of their
responsibilities to maintain the common elements of the development (i.e. open
space, roadways, etc.) prior to the transfer.
While staff is aware this does not address concerns over the future sale of
property to new owners, other mechanisms as detailed herein have been
recommended to address this specific concern.
h. Will this impact the previously issued Erosion Control/Stormwater Permit(s)?
STAFF COMMENT: The simple answer is there should not be any impact on the
Erosion Control/Stormwater Permit(s) previously reviewed/approved by Orange
County. If the developer alters the design/construction elements of the proposed
roadways, revisions to these previously approved plans will be required.
i. Will there be a cost savings associated with the conversion of the roadways from public to
private road standards?
STAFF COMMENT: In short, yes there will be a savings on expenditures by the
developer if the requested modification is approved.
At this time the developer has not divulged the extent of these potential savings.
Please note there is no legal requirement within County regulations to do so.
Analysis: As required under Section 2.15.3 (E) of the UDO, the Planning Director is required to
deliver a Planning Director’s report and Planning Board recommendation to the BOCC for
consideration. In analyzing this request, the Planning Director offers the following:
1. The Preliminary Plat application has been deemed complete in accordance with the
requirements of Section 2.2 and 2.15.2 of the UDO.
2. Staff has determined that the property is of sufficient size to continue to support the
proposed subdivision.
3. Staff has determined the conversion of the proposed roadways would comply with the
applicable provisions of the UDO with respect to the number of lots being served by a
proposed Class A roadway.
Further staff has recommended, and the applicant has agreed to, several conditions to
ensure property owners are informed all roadways and stream crossings are privately
maintained.
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4. The proposal appears consistent with the various goals outlined within the
Comprehensive Plan concerning development, including:
a. Land Use Overarching Goal: Coordination of the amount, location, pattern, and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County’s population and economy
consistent with other Comprehensive Plan element goals and objectives.
b. Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources, and
community character.
c. Land Use Goal 3: A variety of land uses that are coordinated within a program
and pattern that limits sprawl, preserves community and rural character, minimizes
land use conflicts, supported by an efficient and balanced transportation system.
5. Staff has determined that the proposed subdivision is consistent with the provisions and
goals of the Joint Planning Land Use Plan and Joint Planning Agreement.
Planning Director’s Recommendation: The Planning Director recommends approval of the
requested modification developing the roadways to the applicable County private road
standard(s) consistent with the recommended Conditions of Approval as contained within
Attachment 4.
STAFF COMMENT: These conditions include a requirement for the developer to record a
Road Maintenance Agreement (RMA); Design Standards; and Disclosure Statements
regarding the private roads with the Final Plat.
These documents would specify that the roads are privately maintained, the cost
associated with the maintenance of same is the responsibility of the local property
owners, and provide an assessment on what modifications would be necessary to bring
said roads into compliance with State public road standards.
FINANCIAL IMPACT: Staff has determined the project would not require augmentation of
County budgetary outlays to support services and that anticipated revenues from property taxes
should supplement increases in cost.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals is applicable to
this item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental, and commercial operations or
policies.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the Planning Board and Planning Director’s recommendations on the
Preliminary Plat application for the revised Triple Crown Farms Subdivision,
2. Discuss the proposal as desired, and
3. Approve the Preliminary Plat as submitted and the Resolution of Approval contained in
Attachment 4.
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 17, 2014
Action Agenda
Item No. 7-e
SUBJECT: Major Subdivision Preliminary Plat Application – Triple Crown Farm
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENTS: INFORMATION CONTACT:
1. Preliminary Plat Application Package (p. 8)
2. Property and Vicinity Map (p. 68)
Michael D. Harvey, Planner III, (919) 245-
2597
3. Staff Generated Correspondence (p. 69)
4. Fiscal Impact Analysis (p. 76)
Patrick Mallett, Planner II, (919) 245-2577
Craig Benedict, Director, (919) 245-2575
5. Notes from October 3, 2013 Neighborhood
Information Meeting (p. 86)
6. Excerpt of Approved November 6, 2013
Planning Board Meeting Minutes (p. 91)
7. Excerpt of Draft May 7, 2014 Planning
Board Minutes (p. 95)
8. Resolution of Approval (p. 97)
9. Preliminary Plat (p. 105)
PURPOSE: To receive the Planning Board recommendation, review, and make a decision on a
Major Subdivision Preliminary Plat application proposing a 20 lot single-family residential subdivision
in accordance with the provisions of Section 2.15 and Article 7 Subdivisions of the Unified
Development Ordinance (UDO).
BACKGROUND: The basic facts concerning the current application are as follows:
Applicant(s): 16 Parkside Lane, LLC
2807 Homestead Road
Chapel Hill, NC 27516
Owner: 16 Parkside Lane, LLC
2807 Homestead Road
Chapel Hill, NC 27516
Agent(s): Michael A. Neal and Associates, PLLC
105 W Corbin St
Hillsborough, NC 27278
Location: Dairyland Road - Please refer to Attachment 2 for a vicinity map of the
parcel.
Parcel Information: a. PIN: 9850-91-0030.
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b. Size of parcel: 104.25 acres in area.
c. Zoning of parcels: Rural Buffer (RB), University Lake
Protected Overlay District (UNIV-PW), and Special Flood Hazard
Area (SFHA) Overlay District. The area of property encumbered
by the SFHA is approximately 30,000 square feet.
d. Township: Chapel Hill.
School District: The project is split between the Chapel Hill-
Carrboro and Orange County School Systems. Please refer to
Attachment 2 for additional information.
Staff from both school districts indicate there is no issue with
respect to the issuance of a Certificate of Adequate Public
School Facilities (CAPS) for the project.
The applicants have indicated that they will petition to have all
new residences within the project assigned to the Chapel Hill-
Carrboro School System. Chapel Hill-Carrboro School
administrators have been informed of the request and are
seeking guidance on its viability.
As of this date the County has received no formal response.
e. Future Land Use Map Designation: Rural Buffer.
f. Growth Management System Designation: Rural.
g. Joint Land Use Plan Designation: Rural Buffer – University
Lake category.
h. Existing Conditions/Physical Features: Varying topography
with heavy vegetation, primarily mixed hardwoods, throughout.
There are streams running through the property with varying
slopes. Stream corridor width varies from 120 feet to 250 feet.
The property is encumbered by floodplain along Dairyland Road.
i. Roads: Vehicular access to the parcel is through Dairyland
Road, a state-maintained road and Triple Crown Drive, a private
road that is in the process of being accepted by the North
Carolina Department of Transportation (NCDOT) for addition to
the State maintained system.
j. Water and Sewer Service: The property is not located within a
primary public utility service area according to the Water and
Sewer Management Planning Boundary Agreement
(WASMPBA).
Proposed lots are to be served by individual well and septic
systems.
Surrounding Land Uses: a. NORTH: Triple Crown Drive, single family residences on lots
ranging in area from 3 to 10 acres all zoned RB and University Lake
Protected Watershed Protection Overlay District.
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b. SOUTH: Single-family residences on lots ranging in area from 1.5
to 5 acres zoned RB and University Lake Protected Watershed
Protection Overlay District.
c. EAST : Single-family residences on lots ranging in area from 6 to 10
acres zoned RB and University Lake Protected Watershed
Protection Overlay District.
d. WEST: Dairyland Road, single family residences on lots ranging in
area from 9 to 14 acres all zoned RB, University Lake Protected
Watershed Protection Overlay District, and Special Flood Hazard
Area Overlay District.
Development Process, Schedule, and Action: The typical cadence for the review of a major
subdivision is as follows:
• First Action – Planning staff schedules a Neighborhood Information Meeting (NIM).
Staff Comment – DONE. This meeting was held on October 3, 2013. A
synopsis of comments from this meeting is contained within Attachment 5.
• Second Action – The Planning Board reviews and takes action on the Concept
Plan application approving either the ‘conventional’ or ‘flexible development’ layout.
Staff Comment – DONE. The Concept Plan application package was approved
at the November 6, 2013 Planning Board meeting with a ‘flexible development’
layout. Agenda materials for this meeting can be viewed at:
http://www.co.orange.nc.us/planning/documents/PBAgendaNov2013-web.pdf.
Minutes from this meeting are contained in Attachment 6.
• Third Action – Once a concept plan is approved, the Planning Board reviews and
makes a recommendation on the approval of the Preliminary Plat for the project.
Staff Comment. - DONE. The Planning Board met at its May 7, 2014 regular
meeting and voted unanimously to recommend approval of the preliminary plat
application packet.
Agenda materials for this meeting can be viewed at:
http://orangecountync.gov/planning/documents/5.7.14PBAgenda.pdf
Draft Minutes from this meeting are contained in Attachment 7.
• Fourth Action – The BOCC reviews and takes action on the Preliminary Plat
application.
Staff Comment. - The item is set for the BOCC meeting on June 17, 2014.
• Fifth Action – Once all construction activities have been completed, or appropriate
bonds have been approved, staff will sign off and allow the recordation of a Final
Plat allowing for the individual lots to be created.
Proposal: The petitioner has submitted a Major Subdivision Preliminary Plat application package,
consistent with the approved Concept Plan, proposing to develop a Conservation Cluster Flexible
Development Subdivision with 20 single-family residential lots at a density of one (1) dwelling unit per
every 5 acres of land area with approximately 38 acres of dedicated open space.
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The following modification(s) were made to the Preliminary Plat application in an effort to address
staff, Planning Board, and adjacent property owner comments associated with the project:
i. A Pedestrian Open Space Access (POSA) has been added between lot(s) 17 and 18
with 6,374 sq. ft. of accessible space.
ii. The applicant has added a 6’ wide natural walking trail within POSA and Secondary
Open Space (south side of stream).
iii. Additional information has been provided about the proposed recreation area denoted
on the preliminary plat.
iv. The applicant indicates they will make a payment in lieu the County addressing
recreation requirements for the project in accordance with Section 7.11.3 of the UDO.
v. The required stream buffer has been properly denoted on the preliminary plat.
vi. The proposed Open Space has been increased by 2.28 acres.
A summary of the proposal is as follows:
Subdivision Type Number of Lots Average Lot
Size
Area in Open
Space
Open Space
Percentage
Flexible
Development Plan
20
(density is 1
dwelling unit for
every 5 acres of
property)
3 acres 38.53 acres in
open space
37% open
space
proposed
(33% required
by the UDO)
STAFF COMMENT – PROPOSAL: The proposal is in accordance with the anticipated densities
for properties located within the Rural Buffer land use category as defined within the adopted
Comprehensive Plan, Rural Designated area as denoted on the Growth Management Systems
Map, and the requirements of the Joint Planning Land Use Plan.
Roads: The applicant is proposing the creation of two roads serving the proposed lots. Per Section
7.8.5 of the UDO the roads will have to be constructed to NC Department of Transportation
(NCDOT) public road standards. Specifically, the plan calls for:
• Two cul-de-sac roadways. The first roadway will provide access to lots 12 through 20. The
second roadway will provide access to lots 1 through 9.
• Both roads will require stream crossings and the crossings will be engineered to meet
NCDOT standards.
STAFF COMMENT - ROADS: Staff has determined that the proposed roadway layout is
consistent with the requirements of the UDO.
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In reviewing the matter with Mr. D’Angelo Jones of NCDOT, staff has been informed there
are no concerns over the two proposed roadways gaining access from Triple Crown Drive
once it is accepted into the state maintained system. It was indicated that the roads could be
potentially accepted for State maintenance if they are constructed to NCDOT standards.
This development does not lend itself to a requirement of extending proposed right-of-way to
adjacent properties in an effort to promote street connectivity. Adjacent parcels, to the north,
south, and west are already developed. Further, requiring extension of proposed right-of-
way could impact environmentally sensitive areas (i.e. streams/waterways).
UTILITIES – WATER AND SEWER: The applicant is proposing to serve the project with individual
wells and septic systems developed on each lot.
STAFF COMMENT - UTILITIES: Orange County Environmental Health has approved the
Preliminary Plat layout identifying septic and well locations for each proposed lot. Please
refer to Attachment 3 for additional information.
STORMWATER DRAINAGE: Drainage will be engineered according to Best Management Practices
(BMP) at the time of permit application for construction. The property is subject to recently
adopted stormwater management guidelines limiting total nitrogen runoff of 2.2 pounds per acre
annually and 0.82 pounds per acres annually for total phosphorus.
STAFF COMMENT - STORMWATER: Orange County Erosion Control has indicated the
applicant will need to submit a detailed stormwater management plan for the project for
review and approval prior to the commencement of land disturbing activities. The project will
also require an Erosion Control permit. Please refer to Attachment 3 for additional
information.
OPEN SPACE: The flexible development plan denotes the preservation of a 30-foot natural buffer
along Dairyland Road and a 100-foot building setback along the perimeter of the project.
Open space is identified in and around the existing streams. The total area reserved as open space
is approximately 1,678,305 square feet of land area or 38.53 acres. The proposed open space is
composed of existing, mature, vegetation and trees with an approximate height of between 50 to 70
feet.
STAFF COMMENT – OPEN SPACE: Staff has determined the proposed open space and
land use buffers meet the requirements of the UDO.
Land Use Buffer: The site plan indicates there will be a 30-foot buffer along Dairyland Road
comprised of existing, dense, vegetation composed of existing, mature, shrubs and trees with an
approximate height of between 50 to 70 feet.
STAFF COMMENT – LAND USE BUFFER: Section 6.8.6 (D) of the UDO requires that this
project maintain a thirty (30) foot land use buffer separating the project from adjacent
roadways. Staff has determined the proposed open space and land use buffers meet the
requirements of the UDO.
Emergency Services: The Orange County Fire Marshal has indicated there are no concerns
with respect to the proposed road layout or construction.
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The Fire Marshal has recently identified a need for an adequate water feature for fire
suppression purposes to serve residences both within and adjacent to the project. The specific
volume of the feature as well as water flow rate capacity is still being discussed by the applicant
and Emergency Services staff.
The applicant has proposed to construct a pond to allow for the collection/storage of water for
this purpose. At the writing of this abstract the capacity of the pond was still being discussed by
the Fire Marshal and the project engineer.
STAFF COMMENT – WATER ACCESS: Staff is working with the project engineer and the
Fire Marshal to ensure that some form of adequate access, volume and flow is achieved. A
recommended condition contained within the resolution of approval for this project calls for
the final approval of the aforementioned water feature prior to the commencement of land
disturbing activities. Please refer to Attachment 8 for additional information.
Staff Generated Correspondence: Attachment 3 contains the various comments for this
project as of the date of abstract preparation.
JPA Re view: In accordance with the Joint Planning Area Agreement, this project was sent to
the Towns of Chapel Hill and Carrboro for review and comment on September 13, 2013 and
again March 21, 2014. As of this date staff has not received any comments.
Analysis: As required under Section 2.15.2 (E) of the UDO, the Planning Director is required
to: ‘prepare and submit a recommendation’ on the concept plan to the Planning Board for
consideration. In analyzing this request, the Planning Director offers the following:
1. The Preliminary Plat application has been deemed complete in accordance with the
requirements of Section 2.2 and 2.15.2 of the UDO.
2. Staff has determined that the property is of sufficient size to support the proposed
subdivision.
3. The proposal appears consistent with the various goals outlined within the
Comprehensive Plan concerning development, including:
a. Land Use Overarching Goal: Coordination of the amount, location, pattern, and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County’s population and economy
consistent with other Comprehensive Plan element goals and objectives.
b. Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources, and
community character.
c. Land Use Goal 3: A variety of land uses that are coordinated within a program
and pattern that limits sprawl, preserves community and rural character, minimizes
land use conflicts, supported by an efficient and balanced transportation system.
4. Staff has determined that the proposed subdivision is consistent with the provisions and
goals of the Joint Planning Land Use Plan and Joint Planning Agreement.
FINANCIAL IMPACT: Attachment 4 provides a financial impact for the project, as a whole, on
County services. Staff has determined the project would not require augmentation of County
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budgetary outlays to support services and that anticipated revenues from property taxes should
supplement increases in cost.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the Planning Board and Planning Director’s recommendation on the
Preliminary Plat application for the Triple Crown Farm Subdivision;
2. Discuss the proposal as needed; and
3. Approve the Preliminary Plat as submitted and the Resolution of Approval contained in
Attachment 8.
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VOTE: UNANIMOUS
Commissioner McKee said he understands that this will be coming back in the fall. He
said the sooner the better for staff, and he suggested this be scheduled in September.
Bret Martin said this is currently scheduled for the September 11 work session, but that
was a tentative placeholder.
Commissioner Pelissier requested more information about existing services, especially
related to the zonal routes. She is not sure how these differ from the existing response
demand routes. She does not understand how the proposed additions fit into what is already
being done. She does not have a clear picture of whether or not we are saturated. She is
aware that some of the service is paid through Medicaid, but she would like to see a big picture
of what is being added.
Commissioner McKee said he would like clarification on whether these zonal routes
make more sense as a comprehensive approach compared to the route in Efland.
Bret Martin said he will work to pull all of this information together for the September
meeting.
Commissioner Gordon asked if the mid day route on 70 is considered a commuter
service.
Staff indicated no.
Commissioner Gordon asked what the Efland- Hillsborough commuter route is
considered to be.
Bret Martin said the Efland- Hillsborough commuter route is a service that would run
during peak periods to coincide with the ODX route to provide a peak direction service from
Efland to Hillsborough to tie into the ODX stop in Hillsborough. He said the service would offer
a pre - Hillsborough circulator service, hitting a number of stops on the north side of
Hillsborough in transit dependent areas before going through downtown and the south side of
Hillsborough where a lot of employment destinations are located.
Commissioner Gordon said the zonal routes are the demand response routes, and she
thinks the survey feedback showed a strong interest in this. She asked if this is correct.
Bret Martin said option 2 is nothing more than the result of the public comment.
e. Major Subdivision Preliminary Plat Application — Triple Crown Farm (8:45 -9:05)
The Board received the Planning Board recommendation, reviewed, and made a
decision on a Major Subdivision Preliminary Plat application proposing a 20 lot single - family
residential subdivision in accordance with the provisions of Section 2.15 and Article 7
Subdivisions of the Unified Development Ordinance.
Michael Harvey introduced this item. He reminded the Board of a lime green sheet at
their places, representing comments from the Department of Environment, Agriculture,
Parks and Recreation (DEAPR). He introduced the Board to new planning board staff
member Pat Mellot, who has been processing this information.
Pat Mellot reviewed the following PowerPoint slides and maps:
Triple Crown Farms
Preliminary Plat
Review and Action on a 20 -lot Major Subdivision off of Dairyland Road
Orange County Planning Department
16
Vicinity Map - MAP
Land Use Element of the Comprehensive Plan - MAP
JPA Land Use Plan - MAP
Growth Management System - MAP
Preliminary Plat: - MAP
Site Analysis Map - MAP
Conventional - Cluster Design Options — GRAPH
Conservation Cluster - Flexible Design Attributes
• Average lot size — 3 acres (consistent with established density limits)
• 34% (36.69 acres) Open Space proposed
• 6,374 sq. ft. of POSA (Pedestrian Open Space Access)
• 22,932 sq. ft. in 30 -foot wide Roadside Buffer along Dairyland Road
• 100 foot building setback from perimeter of entire subdivision
Site Photograph — 1
Site Photograph — 2
Site Photograph - 3
Site Photograph — 4
Site Photograph -5
Site Photograph — 6
Neighborhood Information Meeting:
- Held on October 3, 2013 at the West Campus Office Building.
- Approximately 16 people in attendance.
- Concerns were expressed over proposed density
Staff comment: The proposed density is consistent with the UDO (i.e. 1 unit for every 5
acres)
- Concerns were expressed over stream crossings and clearing of existing vegetation
Staff comment: Stream crossings will require permitting. They are consistent with UDO.
- Concerns were expressed over the possible disturbance of an existing beaver dam.
Staff comment: according to the applicant, the dame has been removed.
- Questions related to compliance with stormwater standards
Staff comment: project will have to comply with County stormwater regulations.
Planning Board Meeting
- Held on May 7, 2014 at the West Campus Office Building
- No residents were present to speak on the matter
- PB asked questions regarding adequate turn lanes from Dairyland Road, Orange County
Emergency Services Fire Water Collection, and School Assignments.
Staff Comments:
1. NCDOT will not require a turn lane on Dairyland Road.
2. 17 lots are located within the Chapel Hill - Carrboro Schools. The remaining 3 lots are within
Orange County Schools.
3. A wet pond and access drive to meet the fire protection needs has been provided.
Pat Mellot said this is a major subdivision of 20 lots proposed off Dairyland Road. He
reviewed the maps and photos. He said the site is designated rural buffer. He said the plat is
17
the same as the concept plan that was approved last year. He reviewed the recommendation
and introduced the applicant, Michael Neal.
Michael Neal said he is representing the owners of this project. He gave background
on the subdivision and how it came to be. He reviewed the topographical maps and said the
stream buffers and flood plains came out to be a total of 25 acres. He said the steep slopes
were also preserved. He said a recreation area was located next to the roundabout, as well as
a spring fed water source, as requested by the fire department. He said the flood plains, steep
slopes, recreation, and fire protection areas combined will leave 37 percent of the site
preserved.
He said the remaining useable land was then divided into lots. He said the result was a
conservation themed sub - division where the environmental areas were preserved. He said the
total project area is 104.5 acres, and the proposed open space is 38.5 acres, which exceeds
the required amount of open space by 4.2 acres. He said each lot has a viable septic area.
He said the two roads in the neighborhood will be built according to DOT specifications, and a
pond will be supplied to provide fire protection to the homes. He said there is a plan to petition
the Chapel Hill - Carrboro City School (CHCCS) system to take the 3 Orange County School
(OCS) district properties, to avoid having two bus routes in the neighborhood.
Commissioner Gordon asked what kind of water feature would be used for fire
protection. She referred to page 101 and the emergency services condition.
Michael Neal said at this point the amount of water is not known yet, as the size of the
homes to be built has not been determined yet. He said the amount listed on page 101 in their
packet is the minimum amount of water that would be needed. He said the proposal is to base
the pond size on the largest structure that will be built in the subdivision. He said this will
equate to a certain volume of water necessary to fight a fire for 2 hours. He said the size of
the structure, as well as the materials used in building will determine the amount of water. He
said once there are builders lined up and the details of the structures are determined, the pond
will be built to accommodate. .
Commissioner Gordon asked how the maximum building size can be determined before
the houses are built. She does not see how you can restrict the size of the houses.
Michael Neal said the septic fields will determine the maximum size house that can be
built. He said once the builder or builders are selected there will be more information available.
He said there is also an option to build the largest size pond necessary to be in compliance.
Commissioner Gordon referred to page 15, Article 3, regarding membership and voting
rights. She asked for clarification on the 2 classes of voting membership.
Pat Mellot said these are the articles of membership for the proposed HOA. He said
this is a standard provision.
Commissioner Gordon asked why it was in the packet.
Michael Harvey said the ordinance requires the auxiliary document be presented and
provided.
John Roberts said the HOA document is there only for the Board to review, and it does
not require any action.
Commissioner McKee referred to the water requirement. He said there is an automatic
three department response to all structure fires. He said these responding departments, with
the exception of Chapel Hill, run tankers. He said there is water transport available in addition
to the pond on site.
Commissioner Rich asked if any of the homes would be part of an affordable housing
plan.
Michael Harvey said this property is in the water supply watershed and is not allowed to
participate in the density credit system.
Michael Harvey said Michael Neal proposed a pond for the worst case scenario, and
this may be reduced once the size of the homes being built is determined. He said the fire
marshal will continue to work with the neighborhood to make sure the conditions are met.
Commissioner Dorosin asked for clarification on the location of the 3 lots in the Orange
County school district.
Michael Harvey designated this on the map.
Chair Jacobs asked if there had been any communication from either of the school
districts.
Michael Harvey said both school districts have stated that issuing caps would not be a
problem at the appropriate time. He said the applicant has to make formal petitions to both
school districts to see if the transfer will be allowed.
Chair Jacobs said both school systems have to be involved. He noted that there are
issues with capacity.
Michael Harvey said Chapel Hill will need to decide if they want to assume
responsibility for three additional lots.
Commissioner Gordon said it was stated in the materials that staff feels it is unlikely
that CHCCS would accept the 3 additional lots.
Chair Jacobs noted that the restrictive covenants state that the neighborhood road is a
private road, but subsequent documents state that it is a public road.
Pat Mellott said that would be need corrected. He said this is a unique situation in that
the road has a private 50 foot right of way and a paved asphalt 20 foot section. He said it is
built to DOT standards, and it would remain a private road and would be maintained by a road
maintenance agreement.
Chair Jacobs said there are several Board members who are disappointed that the
covenants would not allow poultry in the sub - division. He noted that it is a trend in both towns
and especially suburban areas to allow people to have chickens.
Commissioner Price asked, in the event there are children in those three lots that will
be in the OCS system, how far they would have to ride on the bus to CHCCS.
Michael Neal said the bus would need to come in on Dairyland Road and exit the same way.
Commissioner Price asked what is to the west of this property.
Michael Neal said it is undeveloped land.
Chair Jacobs asked about the decision to propose cul de sacs, and whether there was
no possibility of connectivity.
Pat Mellott said cul de sacs were the best option for being as environmentally sensitive
as possible.
Michael Harvey noted that there are houses and farms in the area that might have
been disturbed by a connectivity plan.
A motion was made by Commissioner McKee, seconded by Commissioner Price for the
Board to:
1. Receive the Planning Board and Planning Director's recommendation on the
Preliminary Plat application for the Triple Crown Farm Subdivision;
2. Discuss the proposal as needed; and
3. Approve the Preliminary Plat as submitted and the Resolution of Approval contained in
Attachment 8.
VOTE: UNANIMOUS
VICINITY MAP
TRIPLE CROWN DR. D
X
SITE Z
0
SITE INFORMATION.
OWNERSNIP.
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DAI RYLAN D ROAD
ORANGE COUNTY, NORTH CAROLINA
OWNER
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OWNER
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'1 e�
RES- 2014 -049
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date: June 17. 2014
Name of Subdivision: Triple Crown Farm
Owner /Applicant: 16 Parkside Lane, LLC
2807 Homestead Road
Chapel Hill, NC 27516
Agent(s): Michael A. Neal and Associates, PLLC
105 W. Corbin Street
Hillsborough, NC 27278
The Board of County Commissioners hereby approves Triple Crown Farms Preliminary
Subdivision Plat, dated April 21, 2014 containing the following:
• 20 lots slated for single - family residential development with a density of one (1)
dwelling unit per every 5 acres of land area;
• 2 roadways, specifically Secretariat Court and Gallant Fox Crossing, constructed
to North Carolina Department of Transportation public road standards;
• The preservation of 38.53 acres of open space as denoted on the preliminary
plat;
• A 30 -foot wide roadside buffer along Dairlyland Road (S. R. 1112); and
• A 100 -foot wide perimeter building setback around the exterior perimeter of the
project.
The approval of this resolution authorizes and directs the Orange County Manager to
accept for Orange County and on behalf of the public generally, the offer of dedication
of all publically offered areas /easements, including Secretariat Court and Gallant Fox
Crossing, without maintenance responsibility.
Per the Orange County Unified Development Ordinance (UDO) the applicant shall
maintain all common areas and proposed roadways until such time as it is accepted for
maintenance by a local homeowners association, the North Carolina Department of
Transportation, or some other governmental body.
Before the Final Plat of Triple Crown Farms can be approved by the Planning
Department and recorded within the Orange County Registrar of Deeds office the
following conditions shall be addressed:
26
A. Declaration of Restrictions
1. The Orange County Planning Department shall author a Declaration of
Restrictions (hereafter 'the document') establishing and describing the
various development restrictions, standards, conditions, and requirements
associated with development of, and within, the project.
The document shall be recorded concurrently with the Final Plat and
approved, as to form and content, by the applicant and the County
Attorney.
2. The document is not intended to serve, supplant, or take the place of any
document recorded by the applicant establishing local homeowner
covenants or deed restrictions enforced by either the applicant or an
established homeowners association.
B. Sewage Disposal
1. Each residential lot shall contain an adequate area for septic disposal and
repair area, approved by the Orange County Division of Environmental
Health.
2. The septic system location may restrict the size and location of
improvements.
The document shall contain this statement and further indicate information
regarding the tentative location of septic systems is available from the
Orange County Health Department, Division of Environmental Health.
Each lot that does not contain a suitable building site shall be designated
both on the Final Plat and by instrument recorded in the Orange County
Registrar of Deeds as restricted for development potential as set forth in
the UDO.
3. The owner /applicant shall not destroy trees located within identified land
use buffers, stream buffers, open space areas, or tree protection areas
denoted on the Final Plat for the installation of on -site waste disposal
system drain or repair fields.
4. No septic system shall be located within a required stream buffer as
detailed within the UDO.
5. The Owners shall include in the restrictive covenants provisions requiring
each lot owner to have their septic system serving their lot inspected by a
licensee of the North Carolina On -Site Wastewater Contractors and
Inspectors Certification Board, who is properly registered to perform such
inspections within Orange County, no less than one (1) tirne in every five
(5) year period (unless inspections are required more often by rule or
regulation of the Orange County Health Department) and to have the
system pumped if recommended by the inspector.
Payment for the inspections required under this condition shall be the
27
responsibility of the individual lot owner or the homeowner's association
as established by the governing Homeowner's Association declaration.
These provisions shall be in a form approved by the County Attorney.
C. Wells
1. Each residential lot shall contain an adequate area for the development of
a well to provide potable water supporting development of the property as
approved by the Orange County Division of Environmental Health.
D. Roads and Access
1. Secretariat Court and Gallant Fox Crossing shall be constructed to
standards of the North Carolina Department of Transportation in
accordance with the approved Preliminary Plat.
Each roadway shall be located within a minimum 50 -foot right -of -way, with
5 -foot utility easements on each side, as well as the proposed stormwater
management system. Construction shall be inspected and approved by
NCDOT.
OR
A letter of credit or escrow agreement shall be submitted to secure
construction of the aforementioned roadways to the standards of the
North Carolina Department of Transportation in accordance with the
provisions of the UDO.
An estimate of the construction cost must be prepared by a
certified /licensed engineer or grading contractor and submitted to the
Planning and Inspections Department. The financial guarantee must
reflect 110% of that estimate and be issued by an accredited financial
institution licensed to do business in North Carolina.
In this instance, the document shall state posted financial guarantee(s)
will not be released until the road construction has been inspected and
approved by NCDOT.
2. All lots shall receive access from the internal subdivision roads as
depicted on the approved Preliminary Plat. No driveway access for any of
the lots shall be permitted off of Dairyland Road.
3. An erosion control and stormwater management plan for construction for
the aforementioned roadways shall be submitted by the applicant to the
Orange County Erosion Control Division for review and approval prior to
any land disturbing activity on the site in accordance with the UDO.
4. Approved double - bladed street name signs shall be erected at the
intersection of Triple Crown Drive, Secretariat Court and Gallant Fox
Crossing as well as Dairyland Road prior to Planning Department
signatures on the Final Plat or prior to issuance of any building permit if
road construction is secured by letter of credit as described herein.
5. Prior to any construction or alteration of any existing access within the
right -of -way of Dairyland Road, the owner /applicant shall secure a
driveway permit from the NCDOT District Office.
The owner /applicant shall submit a copy of the NCDOT- approved permit
and NCDOT approval letter to the Planning Department prior to, or at the
same time as, the request for a grading permit is made, or before
Planning Department signatures are affixed on the Final Plat, whichever is
first.
6. Sight triangles (10' x 70') shall be shown on the Final Plat at the
intersection with each of the aforementioned roadways and Dairyland
Road.
E. Land Use Buffers and Landscaping
The 30 -foot wide land use buffer along Dairyland Road, identified on the
approved Preliminary Plat, shall be preserved in perpetuity in accordance
with the provisions of the UDO. The document, as well as any local
covenants, shall require the applicant or future homeowners association
to preserve the required land use buffer.
2. Trees within the tree protection area denoted on the approved Preliminary
Plat shall be preserved as proposed by the applicant.
3. Upon completion of roadway improvements Planning Department staff
shall complete an inspection in the area to ascertain if additional roadway
plantings are required in accordance with the provision(s) of the UDO.
In the event additional plantings are required, the applicant shall submit a
formal landscape plan re- establishing required vegetation. The
owner /applicant shall install landscaping as indicated on the approved
Landscape Plan and the Planning Department shall inspect and approve
such landscaping before signing the Final Plat. It should be noted no part
of any additional landscaping shall encroach into the ten (10) foot by
seventy (70) foot sight triangles at the public road intersection.
OR
The owner /applicant shall submit a letter of credit or cash bond to secure
required landscape installation and preservation. The owner /applicant
shall provide, as specified within the UDO, an estimate of the cost for
required preservation, plantings and their installation. The financial
guarantee shall reflect 110% percent of the estimate and be issued by an
accredited financial institution licensed to do business in North Carolina.
4. Provision for protection of existing trees shall be included in the Final Plat,
as well as the recorded Declaration of Restrictions as prepared by the
Orange County Planning Department.
5. Clear cutting or other removal of any trees or other vegetation on
individual lots is prohibited as specified within the UDO. This requirement
shall be further evidenced within the subdivision's recorded Declaration of
Restrictions and Final Plat.
29
6. The Landscape Plan will detail required tree plantings along common
property lines for each of the 20 proposed lots. Development of each
individual lot shall necessitate the submittal of a landscape plan providing
documentation on the installation and /or preservation of existing
vegetation to comply with established landscaping requirements detailed
within the UDO.
7. The stream buffer and floodplain area denoted on the approved
Preliminary Plat shall be left in an undisturbed, natural state with the
exception of the approved pedestrian bridge and accompanying
pedestrian pathway installed consistent with the parameters of the UDO.
F. Drainage
1. The applicant shall submit a final stormwater management and erosion
control plan for approval by Orange County Erosion Control prior to the
commencement of land disturbing activities.
2. Drainage easements shall be located on the Final Plat as required
following review and approval of the stormwater management plan by
Erosion Control staff.
3. Drainage culverts shall be sized and located appropriately, as required by
NCDOT and Erosion Control, by a licensed North Carolina Professional
Engineer.
G. Emergency Services
1. Final design capacity and flow rates for a proposed water feature intended
to serve as an emergency water access point for fire
department/emergency services personal shall be approved by the Fire
Marshal prior to the commencement of land disturbing activities.
H. Parkland
1. At the time of recordation of the Final Plat, the applicant shall pay to
Orange County a $9,100.00 ($455.00 times 20 lots) payment-in- lieu -of-
parkland dedication fee.
Construction Waste
1. Per Orange County Ordinance, clean wood waste, scrap metal and
corrugated cardboard and all present construction waste, must be
recycled.
2. Per Orange County Ordinance, all haulers of construction waste must be
properly licensed.
3. Prior to any demolition or construction activity on the site the applicant will
30
hold a pre - demolition /pre- construction conference with the County's Solid
Waste staff. This may be the same meeting held with other development
officials.
J. Miscellaneous
1. The Final Plat shall contain a title block and vicinity map in accordance
with the LIDO.
2. The open space shall be conveyed into the Homeowner's Association
before Planning Department signatures are affixed to the final plat.
3. Tree cutting in the delineated land use buffers along the perimeter of the
project as well as Dairyland Road is prohibited except for necessary
maintenance purposes, which has to be approved by County staff prior to
any such tree cutting taking place.
4. Tree cutting /disturbance of flora within identified stream buffers shall only
be permitted as detailed within the Orange County Unified Development
Ordinance.
5. If street lighting is proposed, then a lighting plan shall be submitted to the
Planning Department for review and approval prior to purchase of lighting
fixtures from the utility provider.
Any lighting shall meet the Outdoor Lighting Standards as set forth in the
UDO.
6. A sign permit shall be obtained from Orange County for the subdivision
sign located at or near the entrance of the subdivision prior to beginning
construction.
7. Methods of disposal of trees, limbs, stumps and construction debris
associated with construction activity shall be by some method other than
open burning as required in the UDO.
K. Certifications
1. A Certificate of Survey and Accuracy signed by a Professional Land
Surveyor shall be notarized on the face of the Final Plat.
2. A Certificate of Declaration and Maintenance in the form provided in the
UDO signed by the landowner and developer shall be on the face of the
plat and included in a document describing development restrictions to be
recorded concurrently with the Final Plat.
3. The North Carolina Department of Transportation shall certify that the
platted portions of Secretariat Court and Gallant Fox Crossing have been
entirely constructed to State standards or that construction plans have
been approved prior to Planning Department signatures on final plat.
31
4. A Certificate of Approval signed by the Orange County Planning and
Inspections Department shall appear on the face of the final plat.
5. All other required certificates detailed within the UDO, applicable to the
project, shall be placed on the Final Plat for signature.
32
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that the Preliminary Plan for Triple Crown Farms Subdivision is
approved in accordance with the above mentioned conditions and attached Preliminary
Plat dated April 21, 2014.
1 Upon motion of Commissioner . &k , seconded by Commissioner
J U, the foregoing resolution was adopted this the day of -�
2014.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on �2 / , 2014 as
relates in any way to the adoption of the foregoing and at said proceedings are
recorded in Minute Book No. of the minutes of said Board.
WITNESS m ' and a he seal f said County, this day a 2ck 2014.
Clerk to the Board of ommissioners
®c
'' Loy
rah (GR0�
33
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration ® 131 W. Margaret Lane
(919) 245 -2575 Suite 201
(919) 644 -3002 (FAX) ORANGE COUNTY P. O. Box 8181
www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278
July 10, 2014
Mr. Michael Neal, PE
Michael A. Neal & Associates PLLC
105 West Corbin Street
Hillsborough, NC 27278
Re: Major Subdivision Preliminary Plat Review and Approval for Triple Crown
Farms, 104.05 acres located at southwest intersection between Dairyland Road
(SR 1112) and Triple Crown Drive in Chapel Hill Township (Orange County PIN
9850 -91- 0030).
NOTICE OF PRELIMINARY PLAT APPROVAL FOR TRIPLE CROWN
FARMS - MAJOR SUBDIVISION PRELIMINARY PLAN
Dear Mr. Neal:
On March 11, 2014, the Orange County Planning Department received a Major
Subdivision Preliminary Plat application for the Major Subdivision named Triple Crown Farms
(hereafter `the project'), which is further identified by Orange County PIN 9850 -91 -0030.
Specifically, the application submitted calls for 20 single family - residential lots ranging
in size from 1.93 to 6.21 acres. The plan utilizes the Flexible Design Option (UDO Section 7.13)
with Common Open Space (Primary and Secondary) and Recreational amenities.
In accordance with the process for Major Subdivisions as outline in UDO Section 2.15.1.
The Concept and Preliminary Plans for the project were received, reviewed and approved as
follows:
1. On October 3, 2013 the Planning Board approved the project Concept Plan with the
Flexible Design Option.
2. On May 7, 2014 the Planning Board recommended approval of the project's Preliminary
Plat.
3. On June 17, 2014 the Orange County Board of Commissioners received the
recommendations of the Planning Director and the Planning Board and approved the
Preliminary Plat with the proposed Flexible design Option in accordance with the
attached resolution.
1
34
Please remember that this resolution spells out the various conditions /requirements that
shall be adhered to in order for the Final Plat to be recorded within the Orange County
Registrar of Deeds office.
Per Section 2.15.1 and 2.15.3 (F) of the UDO, you hereby authorized to proceed to
prepare and submit your Final Plat application materials. Note, the approved Preliminary Plat
valid until June 18, 2015, at such time a complete Final Plat application package, must be
submitted. If the Final Plat application is not filed by the aforementioned date, Preliminary Plat
shall be deemed null and void.
Please also remember that only after the Final Plat is approved, AND the required site
improvements (e.g. private roads, erosion control, storm water and fire protection water source
pond) are made /bonded, inspected and certified and lots recorded may ownership be transferred
and building permits obtained.
As part of completing work on the Final Plat application, your client is required to initiate
the following:
A. STEP ONE — PERMITTING OF DEVELOPMENT IMPROVEMENTS: As
previously indicated your client is responsible for installing all proposed improvements
and /or bonding them prior to submitting the final plan application package. Please bear
in the mind the following permitting requirement(s):
i. An Erosion Control and Grading permit shall be required prior to any earth
disturbing activity associated with the installation of the roadway. Bear in
mind the various land disturbance thresholds requiring permits for the County
Erosion Control division are as follows:
a. More than 10,000 square feet of proposed disturbance will require an
Erosion Control Permit; and
b. More than 43,560 square feet of proposed disturbance will require a
stormwater permit.
Please bear in mind that stream crossings will also have to be permitted. This
will be done in conjunction with appropriate local, State, and Federal officials
as required by law.
Appropriate references need to be included in all grading/erosion control
permit application(s) to ensure compliance with applicable standards is
adhered to.
ii. All environmental permits (i.e. USACE 401/404 permits, NC DEHNR, etc.)
have to be secured prior to the commencement of earth disturbing activity.
The County will require documentation of said permit(s) being submitted and
approved by the appropriate agency.
iii. Road construction plans will need to be reviewed by the County Planning
Department, including engineering, and NC DOT for compliance with
applicable standard. While we understand it is your client's intent to initially
privately maintain the approved roadways, the roads could be turned over to
K
35
NC DOT for maintenance in the future. As a result NC DOT will need to
review and comment on the roadway design.
iv. Final design of the stormwater fire pond shall be addressed at this stage by
yourself and Orange County Emergency Services to ensure a properly sized
pond.
As we understood from out last conversation the pond may actually be re-
configured to address fire suppression needs of the development only, which
may cause the pond to be reduced in size.
v. NC DOT will need to issue a driveway permit for the project if Triple Crown
Drive is accepted for public maintenance.
B. STEP TWO — COMPLETION/REVISION OF FINAL PLAT APPLICATION
ANCILLARY DOCUMENT(S): In preparation for submitting the Final Plat application
package, you are required to complete the following document(s) associated with your
specific project. Please note the Final Plat application package will not be accepted, or
considered complete without all required documents as detailed on the actual application
and /or referenced herein:
i. Road Maintenance Agreement (RMA): You will need to prepare a document
detailing the perpetual care and maintenance of the roadway as approved
within the approved Preliminary Plat.
The agreement previously submitted was sufficient, with respect to form and
content, but contained several errors inconsistent with the approved project,
most notably erroneous references to the classification of roadway throughout
the document. We recommend your client's attorney review this draft and re-
submit for review by staff.
Please remember you are required to develop /improve said private roads
consistent with the approved Preliminary Plat. Note, if you elect to bond
some of the roads as allowed in the UDO Section 7.4, you must submit the
required items to execute the performance bond(s) and guarantees.
Per Section 7.8.5 of the UDO you will need to submit a letter providing a
name for the approved roadway. This document shall be submitted to Orange
County Land Records who shall make the formal determination as its
approvability.
ii. Declarations, Restrictive Covenants, easements and legal descriptions. You
will need to provide copies of all legal documents associated with the
construction/installation, perpetual ownership and maintenance of all entries,
common areas, open space, buffers, and access areas.
C. STEP THREE — SUBMISSION OF FINAL PLAT APPLICATION PACKAGE:
Per Section 2.15 of the UDO the following information shall be required as part of the
Final Plat application package:
Completed and signed Final Plat application form,
ii. Documentation denoting all conditions, referenced within the attached Resolution
of Approval, have been adhered to,
3
36
iii. Application fee of $500.00 per the adopted Orange County Fee Schedule,
iv. 5 paper copies of the Final Plat FOLDED in such a manner as to fit inside a
standard file folder.
2 copies of the landscape plans denoting protected tree areas on each lot
demonstrating compliance with the provisions of the UDO as further detailed
herein shall also be submitted.
Please ensure the landscape plan demonstrates compliance with the Resolution of
Approval as well as the provisions of Section 6.8 of the UDO, including:
1. Label the area within identified building setback areas for each lot as
`Primary' tree protection areas.
2. Indicate the location and species of existing trees in primary tree
protection areas, if seeking credits for existing vegetation in accordance
with Section 6.8.8.
Upon submittal of the landscape plan, the Planning Department will conduct a site
inspection to determine if there is enough existing vegetation to meet landscape
requirements. If there is not enough existing vegetation, the planting of additional
trees shall be required. Development of additional landscape plans may be
required based on site conditions.
v. Payment -in -lieu of parkland dedication fee of $9,100. The property is located
within the R8 Chapel Hill District Park and the fee is $455 per lot.
vi. All ancillary, revised, legal documents as detailed herein (i.e. completed Road
Maintenance Agreement and Road Name request letter etc.)
D. FINAL PLAT REQUIREMENTS: The Final Plat shall contain all required
information as detailed on the application form as well as the following: additional
information:
A. ROAD STANDARDS: The proposed private roads for the project shall be
constructed and /or Bonded per the requirements of the UDO Section 7.8 and the
design provisions outlined in the project's approved Preliminary Plat.
B. NOTES ON THE PLAT: Ensure that all applicable certificates are on the final
plat as required by the Subdivision Regulations, Section 7.14, Specifications for
Plat Drawings, including, but not limited to: Approval by Planning,
Environmental Health, Orange County Schools and certificates of dedication and
maintenance.
Please note all certificates and endorsement signatures on the Final Plat, except
those of the County Manager, Planning Director and Environmental Health
Officer, shall be notarized by the statement of a Notary Public, as set by General
Statute G. S. § IOB -41 Notarial Certificate For Acknowledgment.
Staff has included a copy of all required notes as detailed in Section 7.17 of the
UDO for convenience.
11
37
Additional notes may be required by staff as part of our review of the Final Plat
application package.
As a reminder this approval does not exempt you from the requirements of the Orange
County Soil Erosion & Sedimentation Control Ordinance. This project will require Erosion
Control and Stormwater Plans and permits. If you are not familiar with these regulations, you
may consult our website for additional information. The address is:
http: / /www.co. orange .nc.us /planningjerosion.asp if you have further questions you may contact
Wesley Poole or Steve Kaltenbach with Orange County Erosion Control at (919) 245 -2575.
After the above noted requirements are met, the Planning Department will approve the
Final Plat. The Final Plat, Declarations, Easements, Legal documents, and Road Maintenance
Agreement can then be recorded with Orange County Land Records and the Register of Deeds.
Staff looks forward to receiving the Final Plat documents, and continuing to work with
you on Triple Crown Farms project. Should you have any additional questions, please call me at
(919) 245 -2577, or e-mail me at pmallett@oran eg countync.gov.
Very Respectfully,
Patrick R. Mallett, Planner II
Orange County Planning & Inspections Department
Attachments:
1. Final Plat Application Form;
2. Triple Crown Farms Resolution of Approval; and
3. Signed and Approved Preliminary Plat.
CC:
Craig Benedict, Planning Director;
James Bryan, County Attorney's Office;
Dan Bruce, Inspections Director;
Alan Clapp, Environmental Health;
Jeff Scouten, Solid Waste;
Wesley Poole, Erosion Control;
Jason Shepherd, Orange County Fire Marshal;
Chuck Edwards, NC DOT; and
File.
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration ORANGE COUNTY West Margaret Lane
(919) 245 -2575 P O Box 8181
(919) 644 -3002 (FAX) NOKI'H CAROLINA Hillsborough,
www.or2ngecountync.gov North Carolina, 27278
May 18, 2015
Mr. Michael Neal, PE
MANA/ Michael A. Neal & Associates PLLC
105 West Corbin Street
Hillsborough, NC 27278
Re: REVIEW OF EXTENSTION REQUEST
Extension of Major Subdivision Preliminary Plat Approval for Triple
Crown Farms (PIN 9850 -91 -0030)
Approval of extension request and authorization to record initial plat
Dear Mr. Neal:
am in receipt of your request, dated May 8, 2015, for a twenty -four (24) -month
extension of the deadline for recording the Final Plat for Triple Crown Farms, a 20 -lot
subdivision located on 104.05 acres (PIN 9850 -91 -0030) at southwest intersection
between Dairyland Road (SR 1112) and Triple Crown Drive in the Chapel Hill Township.
As you are aware, the Orange County Board of County Commissioners approved
the Preliminary Plan for this subdivision on June 17, 2014. The plan is set to expire on
June 18, 2015. As discussed, the marketing and development plans for the project
have been on- going. However, it is unlikely that plans, permitting and construction will
be completed prior to the above expiration date. You are, therefore, requesting the
permitted extension as outline below.
Per Section 2.15.3 (G) of the Orange County Unified Development Ordinance
(UDO) the Planning Director: "May, within one year of the expiration of a Preliminary
Plat, re- approve the expired Preliminary Plat or portions thereof, so long as the
subdivision design and conditions of approval are in compliance with subdivision and
zoning regulations in effect at the time of application for re- approval, and any changes
to the original design or conditions of approval are considered minor."
39
E
As Outline in your Concept Subdivision Program date April 18, 2015, you are not
proposing any major changes to the plan, and my staff has verified that the request
would comply with our current regulations.
therefore hereby approve your request for an administrative re- approval of the
preliminary plat. This re- approval is only good for twenty -four (24) months, so long as
you can document material progress during the next twelve (12) months (i.e. June 18,
2016). If you cannot demonstrate material progress, then administrative approval for
the second twelve (12) months shall be rescinded. There are no additional
opportunities for re- approval of an expired Plat.
The practical implication is that all required infrastructure shall be installed and /or
properly bonded in accordance with the provisions of County regulations, and the
required Final Plat application package is submitted to our Department for processing
as required under Section 2.15.4 of the LIDO.
You are also requesting approval to prepare a Plat for the subject are for the
purposes of defining "sub -lots" #9 and #10, which front onto Triple Crown Drive; the
open space to the rear of these lots and the remainder of the subdivision area(s). This
will allow you to record those two residential lots which already have frontage and
access to public streets and an proportional area of open space, which will be recorded
as Primary and/o, Secondary Open Space as indicated on the approved Triple Crown
Farms Major Subdivision.
You are hereby authorized to prepare the proposed Plat with the following
conditions and /or items of understanding.
1. Acknowledgement that this Plat does not constitute a "Phasing" of the
subdivision.
2. Orange County must receive documentation by NCDOT that Triple Crown Drive
has been dedicated as a public road with the proper rights -of -way, constructed to
NCDOT roadway standards and accepted into their state road maintenance
program.
3. All the remaining Primary and Secondary Open Space easements for the
remainder of the subdivision are recorded with the next Plat.
4. Required between lot plantings and 30' wide roadside buffer materials along
Dairyland Road and Triple Crown Drive are installed (or preserved) prior to the
issuance of a Certificate of Occupancy (CO).
5. The required Orange County Parkland and Recreation fees and payments in lieu
are paid prior to recordation for the two lots.
6. Orange county Stormwater and Erosion Control Division reviews the proposed
Plat to ensure that proper erosion control and or stormwater measures are met
either on the two lots or within the recorded open space to the rear of the lots.
N
7. Declarations assigning impervious coverage limits for the two lots and the
remainder of the subdivision.
8. Written acknowledgement (and corresponding notes on the Plat) that the
development and recordation of additional lots within the subdivision requires:
a) Adherence to the design terms and conditions of the approval itemized in the
Triple Crown Farms Preliminary Plan;
b) Dedication construction and /or bonding for the competition of the new public
roads (Gallant Fox Crossing and Secretariat Court);
c} Stormwater/ and Erosion control permitting is obtained and the appropriate
and permanent easements are recorded; and
d) Plans for the Plan's Fire Protection Pond are reviewed, approved and the
appropriate access and maintenance easements are recorded.
We have attached the amended conditions of approval, which the BOCC
approved with the preliminary plat. If you have any questions, please direct them to our
offices. I can be reached by telephone at 919 245 2592 or by email at
cbenedict - orang_ecountync.gov.
:Since <�
Craig . Benedict, AICP
Director
Orange County Planning
Attachment: Resolution of Approval
Cc: Michael D. Harvey, Planner III
Patrick Mallett, Planner II
James Bryan, Attorney
File
MEN
41
Michael Harvey
From: Michael Harvey
Sent: Wednesday, April 04, 2018 9:17 AM
To: Peter Bellantoni; Danny Jones
Cc: Patrick R. Mallett; Craig Benedict (cbenedict @orangecountync.gov)
Subject: FW: Triple Crown Farms (PIN 9850 -91 -0030)
Attachments: 201505191457.pdf
Given what occurred last evening at the BOCC meeting I feel obligated to remind all parties of the following:
In May of 2015 the County extended the approval of the Triple Crown Farm preliminary plat for a period of 2 years. The
letter (attached) re- affirmed all roadways had to be constructed to applicable NC DOT public road standards as denoted
in the resolution of approval for the project as acted upon by the BOCC in 2014. This was consistent with the
documentation submitted by the project's original engineer, the late Mike Neal.
Beginning in 2016, Tim Smith (Phil Post and Associates — a division of Pennoni) was fully aware the roads had to be
designed /constructed to all applicable NC DOT design guidelines for public roadways. The attached e-mail chain
demonstrates Mr. Smith, who worked as part of the Pennoni company at the time, was in possession of the attached
extension letter where this condition /requirement was re- affirmed.
Allegation(s) insinuating different are not supported by the basic facts.
This letter /e -mail exchange, and relevant correspondence on this project will be provided to the BOCC documenting the
lack of adherence to a known development requirement.
Good morning.
Michael D. Harvey AICP, CFM, CZO
Current Planning Supervisor — Planner III
Orange County Planning Department
131 West Margaret Lane
PO Box 8181
(919) 245 -2597 (phone)
(919) 644 -3002 (fax)
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record
and may be disclosed to third parties.
From: Patrick R. Mallett
Sent: Wednesday, April 20, 2016 10:31 AM
To: Timothy A. Smith; Danny Jones
Cc: Michael Harvey; Peter Bellantoni
Subject: RE: Triple Crown Farms (PIN 9850 -91 -0030)
See you then!
From: Timothy A. Smith [mailto:TSmithCst Pen noni.coml
Sent: Wednesday, April 20, 2016 10:24 AM
WA
To: Patrick R. Mallett; Danny Jones
Cc: Michael Harvey; Peter Bellantoni
Subject: RE: Triple Crown Farms (PIN 9850 -91 -0030)
Thanks Patrick. We'll see you tomorrow at 2:30pm at your office.
Timothy A. Smith, PE, PLS
Division Manager
Philip Post & Associates, A Division of Pennoni
Direct: 919 - 230 -9209 1 Mobile: 919 - 616 -6491
From: Patrick R. Mallett [ mailto :pmallett @oraneecountync.govl
Sent: Wednesday, April 20, 2016 9:24 AM
To: Danny Jones <mayolake @gmail.com >; Timothy A. Smith <TSmith @Pennoni.com>
Cc: Michael Harvey <mharvev @oranRecountync.gov>; Peter Bellantoni <PBellantoni @Pennoni.com>
Subject: RE: Triple Crown Farms (PIN 9850 -91 -0030)
Yes here is best that way we can go through the files etc.
From: Danny Jones [mailto:mayolake @gmail.coml
Sent: Wednesday, April 20, 2016 9:04 AM
To: Timothy A. Smith
Cc: Patrick R. Mallett; Michael Harvey; Peter Bellantoni
Subject: Re: Triple Crown Farms (PIN 9850 -91 -0030)
Yes, 2:30 works for me tomorrow, too. I assume we'll meet at the County office unless I hear otherwise.
Thanks,
Danny
On Wed, Apr 20, 2016 at 9:01 AM, Timothy A. Smith <TSmith@pennoni.com> wrote:
Thanks Patrick. Sure, I can meet tomorrow at 2:30 or anytime thereafter. Just confirm a time in that slot and
we'll see you at your office.
Danny, does that work for you?
Timothy A. Smith, PE, PLS
Division Manager
Philip Post & Associates, A Division of Pennoni
Direct: 919 - 230 -9209 1 Mobile: 919 - 616 -6491
From: Patrick R. Mallett [mailto:pmallett@oran eccountync.gov]
Sent: Wednesday, April 20, 2016 8:23 AM
43
To: Timothy A. Smith <TSmith@Pennoni.com>
Cc: Michael Harvey <mharvey@oran eg coun nc.gov >; Danny Jones <mayolake @gmail.com >; Peter
Bellantoni <PBellantoni@Pennoni.com>
Subject: RE: Triple Crown Farms (PIN 9850 -91 -0030)
Sorry how about tomorrow afternoon?
Very Respectfully,
Patrick R. Mallett, Planner II
Orange County Planning & Inspections Department
Phone: (919) 245 -2577
Fax: (919) 644 -3022
E -mail: pmallettkorangeco1m . nc.gov
Orange County Planning Website: http://www.orangecountync.pov
c�ync.goy
Address:
131 W. Margaret Lane, Suite 201
P.O. Box 81.81
Hillsborough, NC 27278
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public
record and may be disclosed to third parties.
M11
From: Timothy A. Smith [mailto:TSmith @Pennoni.com]
Sent: Tuesday, April 19, 2016 5:26 PM
To: Patrick R. Mallett
Cc: Michael Harvey; Danny Jones; Peter Bellantoni
Subject: RE: Triple Crown Farms (PIN 9850 -91 -0030)
Patrick,
Checking back with you on a time to come meet. Let me know when you're available.
Thanks,
Tim
Timothy A. Smith, PE, PLS
Division Manager
Philip Post & ASSOCiateS, A Division of Pennoni
Direct: 919 - 230 -9209 1 Mobile: 919- 616 -6491
From: Timothy A. Smith
Sent: Monday, April 18, 2016 9:26 AM
To: 'Patrick R. Mallett' <pmallettnoran e�ecountyng.gov>
Cc: Michael Harvey <mharvey@oran e� c�tync.gov >; 'Danny Jones' <mayolake@=ail.com >; Peter
Bellantoni <PBellantoni@Pennoni.com>
Subject: RE: Triple Crown Farms (PIN 9850 -91 -0030)
Patrick,
That would probably be helpful to be sure we're not missing any regulatory items for the project. We met with
Danny a week ago and I think we have a good handle on what he wants to accomplish, but let's get together to
be sure our ducks are in a row.
Let us know when you are available to meet this week and we'll come up to your office.
45
Thanks,
Tim
From: Patrick R. Mallett [mailto:pmallettgoran eg countync.g_ovl,
Sent: Tuesday, April 12, 2016 3:18 PM
To: Timothy A. Smith <TSmith&Pennoni.com>
Cc: Michael Harvey <mharvey@oran eg countync.gov>
Subject: RE: Triple Crown Farms (PIN 9850 -91 -0030)
Tim,
The below is correct and maybe the best thing to do is to sit and meet with you and/or Danny to map a way
ahead. As you are probably aware by now, Mike kept pretty extensive records. Main thing he was working on
was what the client wanted in terms of selling/retaining lots ... In short he had offers from builders to either buy
all or major portions of the lots.
Very Respectfully,
Patrick R. Mallett, Planner H
Orange County Planning & Inspections Department
Phone: (919) 245 -2577
Fax: (919) 644-3022
E -mail: pmallett@oran eg count rmc.gov
Orange County Planning Website: http: / /www.oran eg count n�c.goy
Address:
131 W. Margaret Lane, Suite 201
P.O. Box 8181
Hillsborough, NC 27278
E ,
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public
record and may be disclosed to third parties.
From: Timothy A. Smith [mailto:TSmith(@Pennoni.coml
Sent: Tuesday, April 12, 2016 2:19 PM
To: Michael Harvey
Cc: Patrick R. Mallett
Subject: Re: Triple Crown Farms (PIN 9850 -91 -0030)
Michael,
Good afternoon. We are working with Danny Jones, a former client of Mike Neal, on the Triple Crown Farms
property off Dairyland Road. We will be assisting him with preparation of the final construction design plans
needed for permitting. He plans to construct the subdivision roads and record the plats to have the lots ready for
sale /construction. We have been able to retrieve a lot of Mike's files, drawings and other information, along
with what Danny Jones had as well. I have a copy of the Preliminary Plat approval permit extension letter that
was issued on May 18, 2015, but would also like to see if you can send me a copy of the original approval letter
as well.
Also, let me know if there are any items that you recall for this project that I will need to be aware of as we
proceed to put the infrastructure in place.
Thanks Mike,
Tim
Timothy A. Smith, PE, PLS
Division Manager
Philip Post & Associates, A Division of Pennon+
April 5, 2018
Orange County Planning Department
200 South Cameron Street
P.O. Box 8181
Hillsborough, NC 27278
Attention: Craig Benedict, Director
c/o Patrick Mallett, Planner
A
401 Providence Road, Suite 200
Chapel Hill, INC 27514
T: 919 - 929 -1173
F: 919 - 493 -6548
Firm License #: F -1267
www.pennoni.com
RE: Request for Private Subdivision Roadways
Triple Crown Farms Subdivision
Triple Crown Drive
Chapel Hill, Orange County, NC
Project: PKLA1601
Dear Mr. Mallett:
At the April 3, 2018 Board of County Commissioner's meeting, discussions were held with regard to the
applicant's request to modify the previously approved Major Subdivision Preliminary Plat application. Said
request is to modify the original approval which indicated that the internal subdivision roadways be
constructed to NCDOT public road standards; the applicant is requesting to provide private roadways.
The primary reason for this requested change relates to permitting required by the Army Corp of Engineers
and NC Division of Water Resources. A maximum 150 linear feet of channel disturbance is permitted before
mitigation is required. The attached exhibit (dated April 5, 2018) illustrates how the DOT standards would
have required impacts to the existing on -site streams well beyond the 150 - linear foot threshold.
Although the applicant is requesting that the internal subdivision roadways be private, please note that the
roadways have been designed and will be constructed to meet the NCDOT Subdivision Road standards,
except for the crossings.
Attached also please find the following documents prepared by the applicant in conjunction with the
request:
• Declaration of Covenants, Conditions, Easements, and Restrictions for Triple Crown Farms, and
• Declaration of Restrictions and Provisions for Private Road Maintenance.
PKLA1601 April 5, 2018 4Age 2
Orange County Triple Crown Farms
I look forward to providing a more extensive presentation to the Board of County Commissioners on April
17, 2018. During your review of the above, should you have further questions or comments, please do not
hesitate to contact me at the office.
Sincerely,
/ 0 t3z&-V�
Peter Bellantoni, PE
Enclosures
CC: Danny Jones, 16 Parkside Lane, LLC
`moo\
\
\ I
\ 82 LF 66" RCP @ 1.10 % \\ \
\\ \\\
70 LF 66 "RCP @1.44% \\
S nITE PLE7o 0 I 1 100 LF 48" RCP @ - 491.37%
\ 1
LEGEND \
\ 1
CULVERT APPROVED BY ARMY COR .
OF ENGINEERS (70 + 79 = 149 L) LOCATION MAP
SPRING WELL / \ \ 1 i 0 CONCEPTUAL NCDOT CULVERT \ 0 40' so'
LOCATIONS (100 + 82 = 182 LF)
ALL DOCUMENTS PREPARED BY RENNONI ASSOCIATES ARE INSTRUMENTS OF SERVICE IN RESPECT OF PROJECT PKLA1601
THE PROJECT. THEY ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY OWNER
ORO THERS ONTHEEXTENSIONBOFT.EP- IE.T.RON ANYOTHERPROJECT. ANYREUSE
W TTAOOUT WN TTEN VERIFICATION OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC DATE 2018 -04 -05
PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT LIASILDY OR LEGAL EXPOSURE TO
Pennoni OCIATES, AND, LOSSSHA1EXENSESANDHOLOHARMLESSSULTINIASSOCIATES 1 " =40'
\ \ Alms DAMAGES.WNERS ALL EXPENSES ANID HGO.UTOMLESS P NNONI ASSOCIATES
ROm. DRAWING SCALE
79 LF 48" RCP @ 1.27% \ 1 \ \ \ \ \ \ TRIPLE CROWN FARMS
DRAWN BV DMC
\ 1 \\ \ \ \ \ \ \ \ CHAPEL HILL, TY,
L, OR GE COUN N.C.
APPROVED RV PCB
EXHIBIT #1 - SITE PLAN
PENNONIASSOCIATESINC. EXH-1
\ \ \\ \ \ \ \ 1900 Market Street, Suite 300 16 PARKSIDE LANE, LLC
Philadelphia, PA 19103
T 215.222.3000 F 215.222.3588 CHAPEL HOMESTEAD
HILL. p2OA° SHEET 1 OF 1
CHAPEL HILL. N.C. 2]516
Page 1 of 51
DECLARATION
OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS
FOR TRIPLE CROWN FARMS
Prepared by: Charles H. Thibaut, Bagwell Holt Smith, PA
Return to: 16 Parkside Lane, LLC, 2807 Homestead Rd, Chapel Hill, NC 27516
PIN#s:
THIS DECLARATION, made on the date hereinafter set forth by 16 Parkside Lane, LLC
a North Carolina limited liability company, hereinafter referred to as "Declarant";
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in Orange County, State of North
Carolina, commonly referred to as "Triple Crown Farms" which is more particularly described
on Exhibit A attached hereto; and,
WHEREAS, Declarant wishes to impose restrictions, conditions, easements, covenants
and agreements under a general plan or scheme of improvement for the benefit of all Property
herein described and the future owners thereof on the Property described in Exhibit A attached
hereto, and,
WHEREAS, the Property will be comprised of single family residential lots;
NOW, THEREFORE, Declarant hereby declares that all of the Property described on
Exhibit A will be held, sold, and conveyed subject to the following easements, restrictions,
50
Page 2 of 51
covenants, and conditions, which are for the purpose of protecting the value and desirability of,
and which will run with the title to, the Property and be binding on all parties having any right,
title, or interest in the Property or any part thereof, their heirs, successors, and assigns, and will
inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1.1."Association" will mean and refer to Triple Crown Farms Homeowners
Association, Inc., a North Carolina non-profit corporation, its successors, and assigns.
Section 1.2."Board" or "Board of Directors" will mean those persons elected or
appointed and acting collectively as the Board of Directors of the Association.
Section 1.3. "Common Expenses" will mean and include:
(a) All sums lawfully assessed by the Association against its members;
(b) Expenses declared to be common expenses by the provisions of this Declaration
or the Bylaws;
(c) Hazard, liability, or such other insurance premiums as the Declaration or the Bylaws
may require the Association to purchase; or as the Association may deem appropriate to
purchase. A copy of the proposed Bylaws are attached hereto as Exhibit C;
(d) Expenses for the maintenance of the Common Area shown on the recorded plats of
the Property;
(e) Expenses for maintaining the shoulders, including mowing, of the private and public
roads shown on the recorded plats of the Property;
(f) Expenses for maintaining and repairing the private roads shown on the recorded plats
of the Property:
51
Page 3 of 51
(g) Any other expenses determined by the Board or approved by the Members to be
common expenses of the Association.
Section 1.4. "Common Area" shall mean all real property over which the Association
has an easement or a deed for the common use and enjoyment of the Owners subject to the
Declaration and the Association Bylaws. The Common Area to which an easement or deed shall
be granted and which shall be maintained by the Association at the time of the conveyance of the
first Lot is more particularly described in Exhibit B attached hereto and by reference made a part
hereof. The uses of the Common Areas shall be limited by subsequent provision contained in
these Declarations and/or the Home Owners' Association documents. The Common Areas
maintained by the Association shall include, but may not be limited to the areas shown and
delineated as Common Area in the Survey, and any portion of the public roads dedicated to but
not yet maintained by any public body. Declarant, for itself, its successors and assigns, hereby
reserves to itself the right to substitute a modified legal description of Common Area earlier
conveyed to the Association. Such modified legal description shall be based on a survey of the
Common Area after all improvements are in place. The Association hereby irrevocably appoints
and constitutes Declarant as its attorney in fact with the power to substitute the aforesaid
modified legal description so that there are no discrepancies or encroachments between any Lots
or the Common Area. This power of attorney is reserved and granted pursuant to N.C.G.S. 32A
and shall be appurtenant to and run with the land. All references to “Open Space” and/or “Open
Space Easement” in the Survey shall mean and refer to Common Area.
Section 1.5."Declarant" will mean and refer to 16 Parkside Lane, LLC, its successors,
and assigns, to which the rights of Declarant hereunder are expressly transferred, in whole or in
part, and subject to such terms and conditions as Declarant may impose.
52
Page 4 of 51
Section 1.6."Lot" will mean and refer to any plot or tract of land shown upon any
recorded subdivision map of the Property, as such map or maps may be from time to time
amended or modified, for detached single-family residential use, designated for residential use
and for separate ownership and occupancy.
Section 1.7."Member" will mean and refer to every person or entity who holds
membership in the Association by reason of being an Owner or Lot Owner defined below.
Section 1.8."Owner" or "Lot Owner" will mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to any Lot which is a part of the
Property, including contract sellers, but excluding those having such interest merely as security
for the performance of an obligation.
Section 1.9."Person" will mean and refer to any individual, corporation, partnership,
association, trustee, or other legal entity.
Section 1.10."Property" will mean and refer to that certain real property hereinbefore
described on Exhibit "A", attached hereto, and such additions thereto as may hereafter be
brought within the jurisdiction of the Association.
Annexation of Additional Properties. At any time during the effective term of this
Declaration, Declarant shall have the unilateral right, in its sole discretion, to annex additional
properties which have been or will be developed as part of the general plan of development for
Triple Crown Farms Subdivision. The additional property that Declarant has the right to annex is
Lot 1 of the Recombination of Don Ann Acres, Inc. consisting of 104.05 acres per Plat Book 94,
Page 99, Orange County Registry, Deed Book 3943, Page 523, less and except the property
described in Exhibit A hereto. In addition, upon the recording of a document annexing additional
property(ies), Declarant shall have the unilateral right to extend any and all of the road rights of
53
Page 5 of 51
way located within the subject property to and through the annexed properties for the purpose of
access, ingress and egress to the annexed properties. Annexation of additional properties shall
not require the consent of any of the Lot Owners in Triple Crown Farms Subdivision.
Each authorized annexation of additional properties shall be made by filing of record one
(1) or more Supplementary Declarations in respect to the property to be then made subject to this
Declaration and thereby extend the jurisdiction of the Association to such property and subject
such addition to the assessments herein provided for a just and proportionate share of the
Association's expenses. Each Supplementary Declaration may contain such complimentary
additions and modifications of the covenants, conditions and restrictions contained herein as may
be necessary to reflect the different character of the added Property, provided, however, any such
Supplemental Declaration or any such other Declaration shall not revoke or otherwise amend the
provisions of this Declaration as pertained to the Properties subject thereto.
Section 1.11 “Rules and Regulations” will refer to the Rules and Regulations adopted
by the Association in accordance with the By Laws.
Section 1.12 “Survey” shall mean and refer to those surveys recorded in Plat Book 94,
Page 99, Plat Book ________, Page _______ , and all other recorded plats of the Property.
ARTICLE II
PROPERTY RIGHTS
Section 2.1.Owners' Easements of Enjoyment. Every Owner will have a right and
easement of enjoyment in and to the Common Area as shown on the recorded plats which will be
appurtenant to and will pass with the title to every Lot subject to the following provisions :
(a)the right of the Association to suspend voting rights, to suspend the
right to use the Common Area and to impose fines;
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(b)the right of the Association to dedicate, sell, lease, or transfer all or
any part of the Common Area, or any interest therein, to any public agency, authority, or utility,
or to any other person for such purposes and subject to such conditions as may be agreed upon
by the Members. No such dedication, sale, lease, or transfer will be effective unless it has been
approved by at least eighty percent (80%) voting interests of each class of Members and an
instrument of dedication, sale, lease, or transfer properly executed by the Association has been
recorded. On such instrument the Secretary of the Association will certify, that at least eighty
percent (80%) voting interests of each class of Members have approved the dedication, sale,
lease, or transfer and that certificate may be relied upon by any third party without inquiry and
will be conclusive as to any grantee, its successors, or assigns; provided, however, conveyances
for general utility purposes, as specified herein, may be made by the Board of Directors of the
Association without consent, of the Members;
(c)the right of the Association, in accordance with its Articles and
Bylaws, to borrow money for the purpose of improving the any of the Common Area;
(d)the right of the Association in accordance with its Articles of
Incorporation or Bylaws to impose rules and regulations for the use and enjoyment of the
Common Area and improvements thereon, which rules and regulations may further restrict the
use of the Common Area.
Section 2.2.Delegation of Use. Any Owner may delegate, in accordance with the
Bylaws, his right of enjoyment to the Trail and Pedestrian Ways to the members of his family,
his tenants, or contract purchasers who reside on the Property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
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Section 3.1.Every record Owner of a Lot which is subject to assessment will be a
Member of the Association. Membership will be appurtenant to, and may not be separated from,
ownership of any Lot which is subject to assessment.
Section 3.2.The Association will have two classes of voting membership:
Class A. Class A Members will be all Owners with the exception of the
Declarant, and will be entitled to one vote for each Lot owned. When more than one person holds
an interest in any Lot, all such persons will be Members; however, the vote for such Lot will be
exercised as they among themselves determine, or as set forth in the Bylaws, but in no event will
more than one vote be cast with respect to any Lot. Fractional voting is prohibited.
Class B. The Class B Member will be the Declarant and will be entitled to
four (4) votes for each Lot owned. The Class B membership will cease and be converted to Class A
membership with one vote for each Lot owned on the happening of either of the following events,
whichever occurs earlier:
(a)when the total votes outstanding in Class A membership equal or
first exceeds the total votes outstanding in Class B membership, however, no earlier than two (2)
years following the date of conveyance of the first Lot by Declarant, or
(b) five (5) years from the date of conveyance of the first Lot by
Declarant.
Section 3.3.The right of any Member to vote may be suspended by the Board of
Directors for just cause pursuant to its rules and regulations and the Articles and Bylaws of the
Association and according to the provisions of Article II, Section 2.1(b) herein.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
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Section 4.1.Creation of the Lien and Personal Obligation of Assessments. The
Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot
by acceptance of a deed therefore, whether or not it will be so expressed in such deed, is deemed
to covenant, and agree to pay to the Association: (1) annual assessments or charges which are
Common Expenses, (2) special assessments for extraordinary maintenance and capital
improvements, and (3) special assessments for purchase, construction, or reconstruction of
improvements; The annual and special assessments together with interest, costs, and reasonable
attorney's fees for collection, will be a charge on the land and will be a continuing lien upon the
Lot against which each such assessment is made. Each such assessment, together with interest,
costs, and reasonable attorney's fees, will also be the personal obligation of the person who was
the Owner of such Lot at the time when the assessment fell due. The personal obligation for the
delinquent assessments will not pass to his successors in title unless expressly assumed by them.
The Association will also have the authority, through the Board of Directors to establish
fix, and levy a special assessment on any Lot to secure the liability of the Owner thereof to the
Association arising from breach by such Owner of any of the provisions of this Declaration
which breach will require the expenditure of time: and money or both, by the Association for
repair or remedy, including court costs and reasonable attorneys fees if necessary for the
enforcement of the provisions herein.
Each Owner covenants for himself, his heirs, successors, and assigns, to pay each
assessment levied by the Association on the Lot described in such conveyance to him within ten
(10) days of the due date as established by the Board, and further covenants that if said
assessment will not be paid within thirty (30) days of the: due date, the payment of such
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assessment will be in default and the amount thereof become a lien upon said Owner's Lot as
provided herein and will continue to be such lien until fully paid.
Section 4.2.Purpose of Assessments. The assessments levied by the Association
will be used exclusively for the paying of Common Expenses as defined in Article 1, Section 1.3.
Section 4.3. Amount of Assessment.
(a)Initial Maximum Assessment. To and including January 1, 2019,
the maximum monthly assessment for an individual Lot will not exceed $100.00.
(b)Increase by Association. From and after January 1, 2019, the
monthly assessment imposed by this Association may be increased by the Board of Directors,
without a vote of the membership, by a percentage which may not exceed the greater of ten
(10%) percent or the percentage increase reflected in the U. S. City Average, Consumer Price
Index - United States and selected areas for urban wage earners, and clerical workers, all items
most recent index and Percentage changes from selected dates, (published by the U.S. Bureau of
Labor Statistics, United States Department of Labor, Washington, D.C.), or such other Index as
may succeed the Consumer Price Index, for that twelve-month period ending June September 30,
of the previous year.
(c)Increase by Members. From and after January 1, 2021, the annual
assessment may be increased by a percentage greater than permitted by this Article by an
affirmative vote of seventy-five percent (75%) voting interests of each class of Members who are
voting in person or by proxy, at a meeting duly called for such purpose.
(d)Criteria for Establishing Annual Assessment. In establishing the
annual assessment for any assessment year, the Board of Directors will consider all current costs
and expenses of the Association, any accrued debts, and reserves for future needs, but it may not
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fix the annual assessment in an amount in excess of ten (10%) percent or the sums derived by
application of the Consumer Price Index formula provided in Subsection (b) without the consent
of members required by Subsection (c) of this Section 4.
(e)Board Authority. The Board of Directors may fix the annual
assessment: at an amount not in excess of the maximum.
(f)Declarant Expenses. Until such time as Declarant no longer
controls the Board, Declarant will pay any Association expenses not otherwise covered by the
assessment hereunder.
Section 4.4.Special Assessments for Capital Improvements. In addition to the
annual assessments authorized above, the Association may levy, in any assessment year, a
special assessment applicable to that year only for the purpose of defraying, in whole or in part,
the cost of any construction, reconstruction, restoration, repair, or replacement of a capital
improvement upon the Common Area, any extraordinary maintenance, expenditure including
vegetation and tree replacement, provided that any such assessment will have the assent of
seventy-five percent (75%) voting interests of each class of Members who are voting in person
or by proxy at a meeting duly called for this purpose.
Section 4.5.Replacement Reserve. Out of the Common Expenses assessment, the
Board may create and maintain a reserve fund for the periodic maintenance, repair, and
replacement of improvements to the Common Area which the Association may be obligated to
maintain.
Section 4.6. Notice and Quorum for Any Action Authorized Under Sections 3 and 4.
Written notice of any meeting called for the purpose of taking any action authorized under this
Article will be sent to all Members not less than 30 days or more than 60 days in advance of the
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meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast
sixty percent (60%) of all the votes of each class of membership will constitute a quorum. If the
required quorum is not present, another meeting may be called subject to the same notice
requirement, and the required quorum at the subsequent meeting will be one-half (1/2) of the
required quorum at the preceding meeting. No such subsequent meeting will be held more than
60 days following the preceding meeting.
Section 4.7.Uniform Rate of Assessment. Both annual and special assessments must
be fixed at a uniform rate for all Lots and may be collected on a monthly basis or other periodic
basis established by the Board.
Section 4.8.Date of Commencement of Annual Assessments: Due Dates; Initial
Working Capital. The annual assessments provided for herein will commence as to all Lots on
the first day of the month following the conveyance of the first lot to an Owner other than
Declarant . However, in no event shall the Declarant be required to pay annual assessments nor
shall they accrue for any Lot owned by Declarant which has not been conveyed to a third party.
The first annual assessment will be adjusted according to the number of months remaining in the
calendar year. The Board of Directors will fix the amount of the annual assessment against each
Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the
annual assessment will be sent to every Owner subject thereto. The due dates will be established
by the Board of Directors. The Association will, upon demand, and for a reasonable charge if it
deems appropriate, furnish a certificate signed by an officer of the Association setting forth
whether the assessments on a specified Lot have been paid. A properly executed certificate of the
Association as to the status of assessments on a Lot is binding upon the Association as of the
date of issuance.
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In addition to the regular assessments to be charged and paid hereunder, each Lot Owner
will, at the time of the initial sale of each Lot by Declarant to that Lot Owner, pay to the
Association a sum equal to one (1) months assessment on that Lot as additional working capital
of the Association. These amounts need not be segregated but may be commingled with regular
assessment funds. This working capital amount will be paid by the Lot Owner notwithstanding
the fact that Declarant may have made prior regular assessment payments to the Association on
the Lot being sold pursuant to the provisions of the first sentence hereunder.
Section 4.9.Effect of Nonpayment of Assessments: Remedies of the Association.
Any assessment not paid within thirty (30) days after the due date will be delinquent, in default,
and will bear interest from the due date at the highest rate then permitted by North Carolina law
not to exceed ten (10%) percent. The Association may bring an action at law against the Owner
personally obligated to pay the same plus interest, costs, late payment charges, and reasonable
attorney’s fees, or foreclose the lien against the Lot. No owner may waive or otherwise escape
liability for the assessments provided for herein by non-use of the Common Area or
abandonment of his Lot.
The lien herein granted unto the Association will be enforceable pursuant to Article 2A of
Chapter 45 of the General Statutes from and after the time of recording a Claim of Lien in the
Offices of the Clerk of Superior Court in Orange County in the manner provided therefore by
Article 8 of Chapter 44 of the North Carolina General Statutes, which claim will state the
description of the Lot encumbered thereby, the name of record owner, the amount due, and date
when due. The claim of lien will be recordable any time after thirty (30) days after the due date
of the assessment or any, installment thereof and the lien will continue in effect until all sums
secured by said lien as herein provided will have been fully paid. Such claims of lien will include
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all assessments which are due and payable when the claim of lien is recorded, plus interest, costs,
attorney’s fees, advances to pay taxes, and prior encumbrances and interest thereon, all as above
provided. Such claims of lien will be signed by an officer or agent of the Association. Upon full
payment of all sums secured by such claim of lien, the same will be satisfied of record.
Section 4.10.Subordination of the Lien to Mortgages and Ad Valorem Taxes.
The lien of the assessments provided for herein will be subordinate to the lien of any
institutional first mortgage and ad valorem taxes on said Lot. Sale or transfer of any Lot will not
affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage or tax
foreclosure or any proceeding in lieu thereof, will extinguish the lien of such assessments as to
payments which became due prior to such sale or transfer, but will not abate the personal
obligation of the prior owner. No sale or transfer will relieve such Lot from liability for any
assessments thereafter becoming due or from the lien thereof.
Section 4.11.Exempt Property. Any portion of the Property dedicated to, and accepted
by, a local public authority and any portion of the Property owned by a charitable or non-profit
organization exempt from taxation by the laws of the State of North Carolina may be exempt
from the assessments created herein. However, no land or improvements devoted to dwelling use
will be exempt from said assessments.
Section 4.12.Responsibility for Maintenance of the Grounds of Each Lot
(Excluding Improvements Thereon). It will be the responsibility of each Lot Owner to
maintain his or its Lot grounds in a clean cut, well kept and neat manner.
Section 4.13.Exterior Improvement Maintenance Responsibility. Each Lot Owner,
at his sole cost and expense, will provide exterior upkeep and maintenance of the improvements
on the Lot. Such improvements will always be maintained in a neat and attractive manner and in
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keeping with the quality or standard of maintenance of other Lot Owners in the Property. Such
maintenance and upkeep will include, and without limitation, exterior building surface care such
as painting, staining, cleaning, repair, and replacement of roofs, shingles or siding, repair, and
replacement of gutters, downspouts, moldings, doors, screens, and glass surfaces, and will
further include repair and maintenance of fences, screens, walks, driveways, or exterior lighting
and lighting fixtures.
In the event an Owner fails to keep and maintain the improvements on his Lot in a neat
and attractive manner, then the Association may maintain, repair, replace, or generally keep up,
including painting, staining, and other repairs to the improvements on the Lot if such has been
approved in advance by a vote of seventy-five percent (75%) of the voting interests of each class
of Members present and voting in person or by proxy at a meeting of Members duly called for
the purpose of making this determination or at any annual meeting at which this matter is
announced as an agenda item.
In the event the Association must do any maintenance, repair, replacement, or upkeep on
any Lot., each Lot Owner hereby gives to the Association, and the same is hereby reserved unto
the Association, its agents, servants, or independent contractors, the right and easement for
unobstructed access in, over, and on each Lot at all reasonable times to perform such repair or
replacement by the Association and to charge the Lot Owner the costs thereof as allowed by this
Declaration.
ARTICLE V
ARCHITECTURAL CONTROL
The Architectural Review Board (“ARB”) shall initially consist of the Declarant.
Declarant shall continue as the ARB until such time as the Declarant no longer owns a Lot in the
subdivision, at which time the ARB shall automatically be transferred to the Association.
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No site preparation (including, but not limited to, grading, elevation work, landscaping,
sloping, or tree work) or initial construction, erection, or installation of any improvements,
including, but not limited to, buildings, driveways, fences, signs, walls, retaining walls, screens,
landscaping, plantings, play areas, and play equipment or other equipment, furniture, or
structures will be commenced, erected, placed, altered, removed, repaired, or maintained upon
the Property or any Lot, nor will any addition to, change, or alteration therein be made by any
Owner, other than Declarant, until the plans and specifications showing the nature, kind, shape,
height, materials, exterior colors, siding, location, and elevations of the proposed improvements
or landscaping have been approved in writing by the ARB. A submission will be deemed to have
been approved if the ARB fails to act on the submission within thirty (30) days after receipt of a
complete set of plans and specifications.
Upon request, the ARB will provide any Owner with a letter stating that any such work
plans and specifications have been approved and the same may be relied upon by third parties.
Refusal of approval of such plans, location, or specifications may be based upon any
grounds, including purely aesthetic and environmental, that the ARB, in its sole discretion,
deems sufficient. The ARB will not be responsible for any defects in the plans and specifications
submitted to it or in any structure erected according to such plans and specifications.
The ARB or its appointed agents, will have the right, at its election, but will not be
required, to enter upon any of the Property during site preparation or construction, erection, or
installation of improvements to inspect the work being undertaken and to determine that the
work is being performed in conformity with the approved plans and specifications and in a good
and workmanlike manner, utilizing approved methods and good quality materials.
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The ARB will have power to, and may allow variances of, and adjustments of, the
restrictions on use and building restrictions established herein in order to overcome practical
difficulties and prevent unnecessary hardships in application of the restrictions contained herein;
provided, however that variances or adjustments are done in conformity to the intent and
purposes hereof; and, provided also, that in every instance such variance or adjustment will not
be materially detrimental or injurious to the Property or other Lots in the immediate
neighborhood. Variances and adjustments may be of the height, size, setback requirements and
materials used but will not be limited thereto.
The ARB will execute a document attesting to the specific nature of each variance
granted in form suitable for recording in the Orange County Registry. The document will be
prepared at the cost of the Lot Owner and will be binding upon the Association and may be
relied upon by third parties.
ARTICLE VI
USE RESTRICTIONS
Section 6.1.Rules and Regulations. The Board of Directors of the Association will
have the power to formulate, publish, and enforce reasonable rules and regulations concerning
the use and enjoyment of the Common Area. Such rules and regulations may provide for
imposition of fines or penalties for the violation thereof, or for the violation of any of the
covenants and conditions contained in this Declaration.
Section 6.2.Use of Property. Except as provided herein, Lots may only be used for
single family residential purposes and for uses incidental or accessory thereto. Owners may use
lots for a home occupations as permitted by the Orange County Land Use Ordinance and
Declarant may use one lot for a temporary model home/sales office, if the use is permitted under
the Orange County Land Use Ordinance.
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Section 6.3.Quiet Enjoyment. No obnoxious or offensive activity will be carried on
upon the Property, nor will any owner do or permit anything to be done that may be, or may
become, a nuisance or annoyance to the neighborhood.
Section 6.4.Animals.No animals, birds, livestock, or poultry of any kind will be
kept or maintained on any Lot or in any dwelling except that horses, dogs, cats, pet birds, or
other household pets may be kept or maintained provided that they are not kept or maintained for
commercial purposes and are controlled in accordance with applicable governmental ordinances
and are not a nuisance to other Owners. All pets will be kept on a leash when not on the Lot of
the owner of the pet; no pets will be allowed to roam the subdivision.
Section 6.5.Insurance. Nothing will be kept, and no activity will be conducted, on the
Property which will increase the rate of insurance applicable to residential use for the Property or
any Lots. No Owner will do or keep anything, nor cause or allow anything to be done or kept, on
his Lot or on the Common Area which will result in the cancellation of insurance on any portion
of the Property, or Lots therein, or which will be in violation of any law, ordinance, or
regulation. No waste will be committed on any portion of the Common Area.
Section 6.6.Offensive Behavior. No immoral, improper, offensive, or un1awfull use
will be made of the Property, or any part thereof. All laws, orders, rules, regulations, ordinances,
or requirements of any governmental agency having jurisdiction thereof, relating to any Lot or
any portion of the Property, will be complied with, by and at the sole expense of the Owner or
the Association, whichever will have the obligation to comply with such requirements.
Section 6.7.Structural Integrity. Nothing will be done in, to, or upon any of the
Common Area which will impair the structural integrity of any structure or other improvement or
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portion of the Common Area or which would impair or alter the exterior of any structure,
improvement or portion thereof, except in the manner provided in this Declaration.
Section 6.8.Alterations. No person will undertake, cause, or allow any alteration or
construction in or upon any portion of the Common Area except at the direction or with the
express written consent of the Association.
Section 6.9.Common Area Use. The Common Area will be used only for the
purposes for which they are intended and reasonably suited and which are incident to the use and
occupancy of the Property, subject to any rules or regulations that may be adopted by the
Association pursuant to its Bylaws.
Section 6.10.Subdividing. No Lot will be subdivided, or its boundary lines changed
except with the prior written consent of the Declarant during the period of Declarant control of
the Association and thereafter by the Board. However, the Declarant hereby expressly reserves
unto itself, its successors, and assigns, the right without Board or member approval to create and
record subdivision plats for Triple Crown Farms; to replat any two (2) or more Lots shown on
the plat of the subdivision of the Property in order to create one or more modified Lots; to
recombine one or more Lots to create a larger Lot; to eliminate from this Declaration Lots that
are not otherwise buildable or are needed for access to any area of the Property and to take such
steps as are reasonably necessary to make such replatted Lots suitable and fit as a building site or
access area, said steps to include, but not to be limited to, the creation of or the relocation of
easements, walkways, and rights-of-way to conform to the new boundaries of the said replatted
Lots.
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Section 6.11.Firearms: Hunting Prohibited. There will be no discharging of firearms,
guns or pistols of any kind, caliber, type, or method of propulsion and no hunting of any type
will be carried on or conducted on the Property.
Section 6.12.Unsightly Growth. No underbrush or other unsightly growth will be
permitted to grow or remain on any Lot, and no refuse pile or unsightly trash or other objects
will be allowed to be placed or suffered to remain thereon, including vacant parcels.
Section 6.13. Motor Vehicles. No motor vehicles that are not functional and currently
licensed or any campers or boats may be parked or stored outside an enclosed building for more
than one (1) week within the Property.
Section 6.14.Independent Covenants. Each and every covenant and restriction
contained herein will be considered to be an independent and separate covenant and agreement,
and in the event any one or more of said covenants or restrictions will, for any reason, be held to
be invalid, or unenforceable, all remaining covenants and restrictions will nevertheless remain in
full force and effect.
Section 6.15.Additional Restrictions. Declarant may include in any contract or deed
hereafter made any additional covenants and restrictions that are not inconsistent with and which
do not diminish the covenants and restrictions set forth herein.
ARTICLE VII
BUILDING RESTRICTIONS
Section 7.1.Square Footage. Any dwelling erected on a Lot will contain a minimum
enclosed, heated dwelling area of a) 3,000 square feet for a one (1) level dwelling, and b) 4,000
square feet for a two (2) level dwelling. In addition thereto, and unless a variance is granted as
provided herein, all dwellings will have an enclosed two car garage. The term "enclosed
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dwelling area" as used in this Article VII will mean the total enclosed area within a dwelling
subject to heating and cooling; provided, that the term specifically does not include garages,
terraces, open porches, decks, stoops, and like areas regardless of heating or cooling.
Section 7.2.Setback Lines. Any and all dwellings and other permitted improvements
erected on a single-family residential Lot (including garages) will conform to and comply with
the minimum building setback requirements shown on the recorded subdivision plats of the
Property and as follows:
(a)Front Line and Rear Line. No dwelling, building, garage
or other improvements including terraces, decks, porches, patios, stoops, steps and roof
overhangs (the "Improvements") will be located on any Lot nearer to a front Lot line than 80 feet
or nearer to a rear Lot line than 40 feet. For those Lots located on a private right-of-way the front
setback will be measured from the right-of-way boundary.
(b)Corner Lot. A corner Lot will be considered to have two
(2) front lines and Improvements must not be located closer than 80 feet from both front lines.
(c)Side Line. No Improvement will be located nearer than 40
feet to an interior Lot line.
(d)Waiver. The ARB will have the authority and discretion
without need of formal Board approval to waive the strict setback requirements stated herein for
any infraction provided: (i) the infraction does not violate the minimum setback requirements
promulgated by Orange County or other governmental authority having jurisdiction over the
Property and (ii) the infraction constitutes a de minimis violation of the prescribed setback
requirements herein. De minimis will mean ten percent (10%) or less of the stated requirement.
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Section 7.3.Height and Accessory Building. No structure, except as hereinafter
provided, will be erected, altered, placed, or permitted to remain on any Lot other than a
detached single family dwelling no greater than three (3) stories in height, however, the ARB
may approve in writing a variance permitting a structure of more than three stories, and a garage
and small accessory building (such as guest cottages), provided, the use of such dwelling or
accessory building does not in the opinion of the ARB overcrowd the site. Such accessory
building may not be constructed prior to the construction of the primary dwelling.
Section 7.4.Multi-Family Use Prohibited. No multiplex residence or apartment
house will be erected, placed on, or allowed to occupy, any Lot, and no dwelling once approved
and constructed will be altered or converted into a multiplex residence or apartment house.
Section 7.5.Remedies. If the finished dwelling, garage, accessory building, or other
structure does not comply with the submitted and approved plans and specifications, the Board
retains the right to make the necessary changes at Owner's expense to comply with the approved
plans and specifications, the right to treat such charge or cost as an assessment, the right to file
under the North Carolina lien laws a notice of liens for any costs incurred, and the further right to
resort to all remedies provided under the laws of North Carolina for the recovery of such costs
and the expenses of collection, including without limitation, reasonable attorneys' fees. Any
changes in plans or specifications must first be approved in advance by the ARB in accordance
with the procedure herein specified for architectural control.
ARTICLE VIII
EASEMENTS
Section 8.1.Utility Easements. All of the Property, including Lots and Common Area,
will be subject to such easements for driveways, walkways, parking areas, waterlines, sanitary
sewers, storm drainage, gas lines, telephone and electric power lines, and other public utilities as
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will be established by the Declarant or by its predecessors in title, prior to the subjecting of the
Property to this Declaration.
Section 8.2. Specific Utility Easements. There is hereby reserved an easement ten (10)
feet in width along the rear property line of each Lot for the purpose of installation, repair,
maintenance, erection, construction, and inspection of utility lines, drainage cuts and storm sewer
lines. The ten (10) foot utility easement along the rear property lines of those Lots which border
the Stream Buffer will be located parallel to but a distance of eighty (80) feet from the rear
property lines of the lots.
Section 8.3.Recorded Easements. There are hereby reserved easements as shown on
the recorded map or maps of the subdivision. In the event of a conflict in the width of any
easement or setback requirement reserved herein or on the recorded map, the wider easement or
setback will prevail. No improvements will be located within any easement or setback areas
shown on such map or maps, except as permitted by the Board.
Section 8.4. Easement to Watershed Investments NC. At any time during the
effective term of this Declaration, Declarant shall have the unilateral right, in its sole discretion,
to execute and deliver an easement or easements to Watershed Investments NC for property
along and abutting Buckfork Creek. The execution and delivery of said easement(s) to
Watershed Investments NC shall not require the consent of any of the Lot owners in Triple
Crown Farms Subdivision.
ARTICLE IX
INSURANCE
Section 9.1.Insurance May be Maintained by the Association. The following
insurance coverage may be maintained in full force and effect by the Association:
(a)Public liability and property damage insurance in such amounts and in
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such forms as the Association might determine.
(b)All liability insurance will contain endorsements designating primary and
secondary coverage.
(c)Such other insurance coverage as it may determine to be desirable and
necessary, including fire and hazard insurance covering all improvements located on the
Common Area.
Section 9.2.Premiums. Premiums for insurance policies purchased by the
Association will be paid by the Association and charged ratably to Owners as an assessment
according to the applicable provisions of this Declaration.
Section 9.3.Insurance Beneficiaries. All such insurance policies will be purchased
by the Association for the benefit of the Association and the Owners.
Section 9.4.Insurance to be Maintained by the Owners. Every Owner will
maintain in full force and effect at all times fire and hazard insurance in an amount equal to the
full insurable value of his improvements except that the amount will not be required to exceed
the replacement cost of the improvements. An Owner will exhibit to the Board, upon request,
evidence that such insurance is in effect. If any Owner fails to maintain such insurance, the
Board is authorized to obtain such insurance in the name of the Owner from an insurer selected
by the Board, and the cost of such insurance will be included in the annual assessment of the
Owner and will constitute a lien against his Lot until paid as a result of enforcement by the
Association or otherwise.
ARTICLE X
RIGHTS OF INSTITUTIONAL LENDERS
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Section 10.1.Rights Reserved to Institutional Lenders. "Institutional Lender" or
"Institutional Lenders", as the terms are used herein, will mean and refer to banks, savings and
loan associations, savings banks, insurance companies, Veterans Administration, Federal
Housing Authority, Federal National Mortgage Association, and other reputable mortgage
lenders and guarantors and insurers of such first mortgages. So long as any Institutional Lender
or Institutional Lenders will hold any mortgage upon any Lot, or will be the Owner of any Lot,
such Institutional Lender or Institutional Lenders will have the following rights:
(a)To be furnished with at least one copy of the Annual Financial
Statement and Report of the Association, including a detailed statement of annual carrying
charges or income collected, and operating expenses, such Financial Statement and Report to be
furnished by April 15 of each calendar year.
(b)To be given notice by the Association of the call of any meeting of
the membership to be held for the purpose of considering any proposed Amendment to the
Declaration, or the Articles of Incorporation and Bylaws of the Association, which notice will
state the nature of the amendment being proposed, and to be given permission to designate a
representative to attend all such meetings.
(c)To be given notice of default in the payment of assessments by any
owner of a Lot encumbered by a mortgage held by the Institutional Lender or Institutional
Lenders, such notice to be given in writing and to be sent to the principal office of such
Institutional Lender or Institutional Lenders, or to the place which it or they may designate in
writing to the Association.
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(d)To inspect the books and records of the Association and the
Declaration, Bylaws and any Rules and Regulations during normal business hours, and to obtain
copies thereof.
(e)To be given notice by the Association of any substantial damage
to any part of the Common Area.
(f)To be given notice by the Association if any portion of the
Common Area, is made the subject matter of any condemnation or eminent domain proceeding
or is otherwise sought to be acquired by a condemning authority.
Whenever any Institutional Lender, guarantor, or insurer desires the benefits of the
provisions of this section requiring notice to be given or to be furnished a financial statement,
such Lender will serve written notice of such fact upon the Association by Registered Mail or
Certified Mail addressed to the Association and sent to its address stated herein, or to the address
of the Property, identifying the Lot upon which any such Institutional Lender or Institutional
Lenders hold any mortgage or mortgages, or identifying any Lot owned by them, or any of them,
together with sufficient pertinent facts to identify any mortgage or mortgages which may be held
by it or them, and which notice will designate the place to which notices are to be given by the
Association to such Institutional Lender.
ARTICLE XI
GENERAL PROVISIONS
Section 11.1. Enforcement. The Association, or any Owner, will have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration.
Failure by the Association or by any Owner to enforce any covenant or restriction herein
contained will in no event be deemed a waiver of the right to do so thereafter.
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Section 11.2.Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order will in no way affect any other provisions which will remain in full force
and effect.
Section 11.3.General Amendments. The covenants and restrictions of this
Declaration will run with and bind the land, for a term of twenty (20) years from the date this
Declaration is recorded, after which time they will be automatically extended for successive
periods of ten (10) years. This Declaration may be amended during the five (5) year period
(commencing from the date of first conveyance of the first Lot by Declarant) by an instrument
signed by not less than seventy-five percent (75%) of the voting interests in each class of voting
rights held by the Member, and thereafter by an instrument signed by not less than sixty-seven
percent (67%) of the voting interests of the Lot Owners.
Section 11.4.Amendments Permitted Without Membership Approval. The
following amendments may be effected by the Declarant, or the Board, as the case may be,
without consent of the members:
(a)Prior to the sale of the first Lot, this Declaration may be amended
by the Declarant.
(b)The Declarant, so long as it retains control of the Association,
shall have the right to amend this Declaration to conform to the requirements of any law or
governmental agency having legal jurisdiction over the Property or to qualify the Property or any
Lots and improvements thereon for mortgage or improvement loans made, insured or guaranteed
by a governmental agency or to comply with the requirements of law or regulations of any
corporation or agency belonging to, sponsored by, or under the substantial control of, the United
States Government or the State of North Carolina, regarding purchase or sale of such lots and
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improvements, or mortgage interests therein, as well as any other law or regulation relating to the
control of Property, including, without limitation, ecological controls, construction standards,
aesthetics, and matters affecting the public health, safety, and general welfare. A letter from an
official of any such corporation or agency, including, without limitation, the Veterans
Administration, U.S. Department of Housing and Urban Development, the Federal Home Loan
Mortgage Corporation, Government National Mortgage Corporation, or the Federal National
Mortgage Association, requesting or suggesting an amendment necessary to comply with the
requirements of such corporation or agency will be sufficient evidence of the approval of such
corporation or agency, provided that the changes made substantially conform to such request or
suggestion.
(c)The Declarant, for so long as it retains control of the Association,
and, thereafter, the Board of Directors, may amend this Declaration as will be necessary, in its
opinion, and without the consent of any Owner, to qualify the Association or the Property, or any
portion thereof, for tax-exempt status.
(d)The Declarant, for so long as it has control of the Board, may
amend this Declaration to include any platting change of the Property as permitted herein.
(e)The Declarant, for so long as it has control of the Board, may
amend this Declaration to annex additional property into the Development.
Section 11.5.Governmental Authority Amendments. No amendment which would
change or delete any provision herein required by any governmental authority will become
effective until submitted to and approved by that authority; provided, however, if that authority
fails to approve or disapprove such amendment within thirty (30) days after the same has been
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submitted to it, such approval will not be required and this covenant will be deemed to have been
fully complied with.
Section 11.6.Recordation. No amendment will be effective until recorded in the
County in which the Property is situated. Any amendment to the Declaration may contain such
complimentary additions and modifications of the covenants, conditions and restrictions
contained herein as may be necessary to reflect the newly platted Lots, provided, however, any
such amendment or any such other Declaration shall not revoke or otherwise amend the
provisions of this Declaration as pertained to the Properties subject thereto.
Section 11.7.Governing Law. This Declaration will be governed by the laws of the
state of North Carolina.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set
its hand and seal this the day of December, 2017.
16 Parkside Lane, LLC
By: ________________________
Member/Manager
NORTH CAROLINA, ________________ COUNTY
I, _________________________, a Notary Public of the State and County aforesaid, certify that
Danny Jones personally appeared before me this day and acknowledged that he/she is the
Manager t of 16 Parkside Lane, LLC, a North Carolina limited liability company , and that
he/she as Manager, being authorized to do so, executed the foregoing on behalf of the company.
Witness my hand and seal this the __________ day of ___________________, 2017.
_______________________________________
Notary Public [Place Notary Seal Here]
My Commission Expires:
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EXHIBIT A
PROPERTY DESCRIPTION FOR
"TRIPLE CROWN FARMS SUBDIVISION"
BEING all of that 11.103 acre tract containing 483,654 +/- square feet, known as Lot 1,
shown on that Exempt Subdivision Plat for Triple Crown Farm recorded in Plat Book _____,
Page _____, Orange County Registry, to which plat reference is hereby expressly made for a
more particular description of same.
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Exhibit B
DESCRIPTION OF COMMON AREAS
SUBJECT TO DECLARATION
The following property shall constitute the Common Area, subject however, to
substitution of a modified legal description of any Common Area by Declarant as provided in
Article I, Section 1.4.
BEING all of that property shown and designated as “Common Area”, in that survey
recorded in Plat Book , Page , Orange County Registry, to which reference is made
for a more accurate description of same.
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EXHIBIT C
BYLAWS
OF
TRIPLE CROWN FARMS HOMEOWNERS ASSOCIATION, INC.
ARTICLE I
PLAN OF COMMON PROPERTY CONTROL
Section 1.1.Lands Affected. 16 Parkside Lane, LLC a NC limited liability company,
(hereinafter the "Declarant"), is the owner of certain lands located in Orange County, North
Carolina, more particularly described in a Declaration of Covenants, Conditions, Easements and
Restrictions for Triple Crown Farms Subdivision (hereinafter the "Declaration"), and it has
submitted said lands to membership control pursuant to the Declaration recorded in Book ____,
Page ______, Orange County Registry.
Section 1.2.Name. The lands on which said Declaration is imposed will be known as
Triple Crown Farms Subdivision (hereinafter referred to as the "Property").
Section 1.3.Applicability of Bylaws. All present and future owners, mortgagees,
lessees and occupants within the Property, and their agents, servants and employees, and any
other persons who may make use of the facilities of the Property in any manner, are subject to
these Bylaws and to the Rules and Regulations adopted pursuant hereto, and to any amendments
to these Bylaws, Rules and Regulations upon the same being duly adopted.
The acceptance of a deed or conveyance to, or the entering into a lease to, or the act of
occupancy of, any Lot (as defined herein) within the Property by any person will conclusively
establish the acceptance and ratification by such person of these Bylaws (and to any Rules and
Regulations adopted pursuant hereto), the Articles of Incorporation, and the Declaration as they
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may be amended from time to time, and will constitute and evidence an agreement by such
persons to comply with those governing documents.
ARTICLE II
DEFINITIONS
Section 2.1."Association" will mean and refer to the Triple Crown Farms
Homeowners Association, Inc., the association of Lot Owners of the Lots at Triple Crown Farms
Subdivision.
Section 2.2. "Property" will mean all of the lands and appurtenances, subjected to the
Declaration, which lands are more fully described in said Declaration and/or the Articles of
Incorporation of the Association and all additional property thereto, as may be hereafter brought
within the jurisdiction of the Association.
Section 2.3. "Declarant" will mean 16 Parkside Lane, LLC, a North Carolina limited
liability company.
Section 2.4. "Declaration" will mean that instrument recorded in Book _____, Page
____, Orange County Registry, as from time to time amended.
Section 2.5."Board" will mean the Board of Directors of the Association.
Section 2.6. "Rules and Regulations" will mean those written actions of the Board, duly
adopted, and amendments thereto, interpreting and applying the provisions of the Declaration
and these Bylaws and establishing and prescribing the administration, management, use,
operation and maintenance of the Common Area, including but not limited to, the establishment
and imposition of fines, fees and penalties for violation of the Declaration, Articles, Bylaws or
Rules and Regulations.
Section 2.7. "Lot" will mean and refer to any plot of land shown upon any recorded
subdivision map of the Property, as such map or maps may be from time to time amended or
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modified, for detached single-family residential use, all designated for separate ownership and
occupancy.
Section 2.8."Lot Owner" or "Owner" will mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to any Lot which is a part of the
Property, including contract sellers, but excluding those having such interest merely as security
for the performance of an obligation.
Section 2.9."Common Area" will be the areas designated as such or referred to as “Open
Space” and/or “Open Space Easement” on the plats describing the Property.
Section 2.10."Person" will mean and refer to any individual, corporation, partnership,
association, trustee or other legal entity.
Section 2.11. "Member" means each Owner or Lot Owner having membership in the
Association.
ARTICLE III
OFFICES
Section 3.1. The principal office of the Association will be located at 2807 Homestead Road,
Chapel Hill, North Carolina 27516.
Section 3.2. The registered office of the Association may be, but need not be, identical with
the principal office, but will be located in North Carolina.
ARTICLE IV
ASSOCIATION OF LOT OWNERS
Section 4.1.Members. The qualification of Members, the manner of their admission
to membership and termination of such membership will be as set forth in the Articles of
Incorporation of the Association and the Declaration.
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Section 4.2.Annual Meetings. An annual meeting of the Association will be held for
the purpose of electing Members of the Board of Directors and for the transaction of such other
business as may be properly brought before the meeting. The annual meeting will be held at 5:00
p.m. on the 10th of January of each year, unless such day will be a legal holiday, in which event
the meeting will be held at the same time on the day next following which is not a legal holiday,
and the first annual meeting will be on the 10th day of January in the first year following
purchase and recording of the Property in the Developer's name.
Section 4.3.Substitute Annual Meetings. If an annual meeting is not held on the
day designated in the Bylaws, a substitute annual meeting may be called in the same manner as a
special meeting. A meeting so called will be designated and treated for all purposes as the annual
meeting.
Section 4.4.Special Meetings. Special meetings of the Association may be called at
any time by the President, a majority of the Members of the Board of Directors, or by the
Owners of not less than ten percent (10%) of the voting interests as established by the
Declaration.
Section 4.5.Place of Meetings. All meetings of the Association will be held at the
Property, or at such other place in the County where the Property is located as will be designated
in the notice of the meeting.
Section 4.6.Notice of Meetings. Written or printed notice stating the place, day and
hour of the meeting will be delivered or mailed by first class mail, postage prepaid, not less than
ten (10) nor more than sixty (60) days prior to the date of the meeting by the Secretary to each
person entitled to vote at such meeting.
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In the case of an annual meeting, substitute annual meeting, or special meeting, the notice
of meeting will state the time and place of the meeting as well as the items on the agenda to be
considered, including, but not limited to, the general nature of any proposed amendment to the
Declaration or Bylaws, any budget matters, or any proposal to remove an officer or director.
When a meeting is adjourned for thirty (30) days or more, notice of the reconvening of
the adjourned meeting will be given as in the case of an original meeting. When a meeting is
adjourned for less than thirty (30) days in any one adjournment, it will not be necessary to give
notice of the reconvening of the adjourned meeting other than by an announcement at the
meeting at which the adjournment is effective.
Section 4.7.Quorum: Required Vote for Action. Unless a different percentage is
required by the Articles of Incorporation, Declaration or a specific provision of these Bylaws, the
presence in person or by proxy at the beginning of any meeting of Members constituting sixty
percent (60%) of the total votes entitled to be cast will constitute a quorum and any action,
consistent with the notice of such meeting, may be taken at any meeting of the Association at
which a quorum is present upon the affirmative vote of the Members having a majority of the total
votes present at such meeting.
If a quorum is not present at the opening of any meeting, the meeting may be adjourned
from time to time by vote of a majority of the voting interests present, either in person or by proxy,
and will be reconvened at the date and time determined at the adjourned meeting, subject to the
notice requirements set forth in Section 6 of this Article. The quorum requirement at the next
meeting will be one-half of the quorum requirement applicable to the meeting adjourned for lack of
a quorum. This provision will continue to reduce the quorum by fifty percent (50%) from that
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required at the previous meeting, as previously reduced, until such time as a quorum is present and
business can be conducted.
Section 4.8.Voting Members: Proxies. There will be one person with respect to each
Lot who will be entitled to vote the voting interest of that Lot at any meeting of the Association,
herein referred to as the "voting member". The voting member may be the Owner of a Lot, or an
Owner designated by a majority of several Owners of a Lot, or may be some other person
designated by such Owner or Owners to act as proxy on his or their behalf and who need not be an
Owner. Designation of the voting member or of a proxy will be made in writing to the Secretary
and will be revocable by actual notice of revocation to the person presiding over the meeting of the
association by the Owner or a majority of the Owners. A proxy is void if not written, dated, and
signed by an Owner or a majority of the Owners of a Lot, and a proxy will terminate at the time
specified in the proxy or eleven months after its date, whichever is earlier.
Section 4.9.Voting Rights: Multiple Owners. If only one of the multiple Owners of a
Lot is present at a meeting of the Association, he is entitled to cast the vote allocated to the Lot. If
more than one of the multiple Owners is present, the vote allocated to that Lot may be cast only in
accordance with the agreement of a majority in interest of the multiple Owners. Majority
agreement is conclusively presumed if any one of the multiple Owners casts the votes allocated to
that Lot without protest being made promptly to the person presiding over the meeting by any of
the other Owners of the Lot. Fractional voting is prohibited.
Section 4.10.Voting Rights: Cumulative Voting. The vote cast by, or on behalf of, the
Owner or Owners of a Lot will be that voting interest specified in the Articles of Incorporation.
In all elections for members of the Board of Directors, no voting member will be entitled to vote
on a cumulative voting basis for the director or directors to be elected, and the candidate or
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candidates receiving the highest number of votes with respect to the number of offices to be
filled will be deemed elected.
Section 4.11.Waiver of Notice. Any Lot Owner, at any time, may waive notice of any
meeting of the Association in writing, and such waiver will be deemed equivalent to the giving
of such notice. Attendance by a Lot Owner at any meeting of the Association will constitute a
waiver of notice by, him of the time and place thereof except where a Lot Owner attends a
meeting for the express purpose of objecting to the transaction of any business because the
meeting was not lawfully called. If all the voting members are present at any meeting of the
Association, no notice will be required, and any business may be transacted at such meeting.
Section 4.12.Informal Action by Lot Owners. Any action which may be taken at a
meeting of the Association may be taken without a meeting if a consent in writing, setting forth
the action so taken, will be signed by all of the persons who would be entitled to vote upon such
an action at a meeting and filed with the Secretary of the Association to be kept in the
Association minute book.
ARTICLE V
BOARD OF DIRECTORS
Section 5.1.General Powers. The business will be managed and directed by the
Board of Directors of the Association or by such committee as the Board may establish pursuant
to these Bylaws. If any of the authority of the Board of Directors is vested in any committee, one
member of each such committee will be a Board member.
Section 5.2.Initial Board.There will be an initial Board of three directors, appointed
by the Declarant, who will serve until their successors are elected and qualified as herein
provided.
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Section 5.3.Election of Directors. Except for the appointed directors provided for in
Section 2 of this Article, and as otherwise provided in Section 5 of this Article, at least three
directors will be elected by the Members at the annual meeting of the Association. Those
candidates who receive the highest number of votes will be elected. At least a majority of the
directors will be Lot Owners.
Section 5.4.Removal. Except for the initial directors or their successors appointed by
the Declarant, any elected director may be removed from office, with or without cause, by the
affirmative vote of at least two-thirds (2/3) of the voting interests of Lot Owners present and
entitled to vote at a special meeting called for that purpose. If any directors are so removed, new
directors may be elected at the same meeting. So long as Class B membership and voting rights
thereto exists for the Declarant's benefit, members of the initial Board of Directors will only be
elected and removed from time to time by the Declarant.
Section 5.5.Vacancies. An elective vacancy occurring on the Board of Directors may
be filed by a majority of the remaining directors, though less than a quorum, or by the sole
remaining director. A director so elected to fill a vacancy will serve until the next annual meeting
of Members of the Association.
Section 5.6.Compensation. The Board of Directors will receive reimbursement for
reasonable expenses incurred, but will receive no compensation for their services.
Section 5.7.Powers. The Board of Directors will have the powers necessary for the
administration of the affairs of the Association as specified by law, the Declaration or these
Bylaws, and may do all such acts and things, except such acts as by law, by the Declaration, or
these Bylaws may not be delegated to the Board of Directors.
Section 5.8.Duties. It will be the duty of the Board of Directors to:
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(a)Administer, operate, maintain and repair the Common Area.
(b)Determine the Common Expenses arising from the costs of
administration, operation, care, upkeep, maintenance, repair and construction of the Common
Area, including, without limitations, reserves for repair, reconstruction or replacement and the
cost of maintaining the shoulders of the public and private roads as well as the actual private
roads shown on the recorded plats of the subdivision.
(c)Fix and assess in the manner provided by law and in the
Declaration, the proportionate part of the Common Expenses of each Lot Owner within the
Property.
(d)Collect and enforce the collection of Common Expenses in the
manner provided by law and in the Declaration, including, but not limited to legal proceedings
for the enforcement of liens, and provide written evidence of payment upon request therefore.
(e)Employ, supervise and dismiss personnel, managers or
independent contractors necessary for the maintenance of the Common Area and the
maintenance of the road shoulders.
(f)Adopt, amend, publish and enforce reasonable Rules and
Regulations that it deems advisable and necessary for the proper administration, operation,
maintenance, conservation, and beautification of the Property and for the health, comfort, safety
and general welfare of the Owners and occupants of the Lots. Copies of the published Rules and
Regulations and amendments thereto will be given to all of the Owners and occupants and the
Association and Property will be administered, operated and maintained in conformity with such
rules and regulations.
(g)Designate depositories for Association funds and the officers,
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agents and/or employees having the authority to deposit and withdraw such funds; and, in its
discretion, to require such officers, agents or employees to be bonded in such amounts as it
deems necessary.
(h)Sign all mortgages, deeds of trust, agreements, contracts, vouchers
for payment of expenditure, deeds and other instruments in such manner as from time to time
will be determined by written resolution of the Board. In the absence of such determination by
the Board, such documents will be signed by the President and the Secretary.
(i)Procure and maintain adequate insurance of such nature and in
such amounts as is provided in the Declaration, and such other insurance as the Board may deem
necessary or appropriate, including, without limitation hazard insurance, liability insurance and
officers and directors liability coverage.
(j)Appoint such committees as are provided for in these Bylaws and
the Declaration or as otherwise deem appropriate by the Board, including, but not limited to, an
ARB.
(k)Exercise their powers in good faith and do and perform such
other matters and things not expressly prohibited by law, the Declaration, or these Bylaws as are
necessary and appropriate to the proper administration, operation and maintenance of the
Association.
(1)Prepare an annual budget in which there will be established the
assessments of each Lot Owner for the Common Expenses. A summary of the proposed budget
will be provided to all of the Lot Owners within thirty (30) days after adoption of the proposed
budget, and the budget will be ratified at a meeting of the Lot Owners.
(m)Pay all taxes, charges and assessments which are or may become
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liens against any part of the Common Area, and assess the same against the Members and their
respective Lots.
(n)To enforce by legal means or proceeding the provisions of the
Articles of Incorporation, the Bylaws, the Declaration and the Rules and Regulations
promulgated hereunder.
(o)To establish fines and penalties for late payment of assessments
and for violations of the Declaration, Bylaws and the Rules and Regulations, and to provide for
the suspension of voting rights of any Member during any period in which such Member will be
in default in the payment of any assessment levied by the Association and to suspend such voting
rights and other privileges for a period not to exceed sixty (60) days after notice and hearing for
other infractions.
(p)To impose reasonable charges for services especially provided to
one or more Lot Owners which charges or costs should not otherwise be a Common Expense.
(q)To institute, defend or intervene on behalf of the Association in
litigation or administrative procedures affecting the Property.
(r)To cause additional improvements to be made to the Common
Area.
(s)To exercise all other duties to which similar organizations have
the power to perform and as by law provided.
Section 5.9.Persons Who May Serve. Except for the initial Board of Directors or their
Successors appointed by Declarant, every elected member of the Board will be a Lot Owner
unless the Owner is a corporation, limited liability company, partnership, trust or other legal
entity other than a natural person or persons, in which event any officer, director, agent or
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employee of such corporation, partner of such partnership, member or manager of such limited
liability company, beneficiary or trustee of such trust, or manager of such other legal entity, will
be eligible to serve as a member of the Board. Members of the initial Board or their successors
who are appointed by the Declarant may, but are not required to be, Lot Owners.
Section 5.10.Liability of the Board. The members of the Board of Directors will not
be liable to the Lot Owners for any mistake of judgment, negligence or otherwise except for their
own individual willful misconduct or bad faith. The Association will indemnify and hold
harmless each of the members of the Board against all contractual liability to others arising out
of contracts made by the Board on behalf of the Association unless any such contracts will have
been made in bad faith or contrary to the provisions of the Declaration or these Bylaws. It is
intended that the members of the Board of Directors will have no personal liability with respect
to any contract made by them on behalf of the Association, except to the extent of their liability
as Lot Owners. It is also intended that the liability of any Lot Owner arising out of any contracts
made by the Board of Directors or out of the aforesaid indemnity in favor of the members of the
Board will be limited to such proportions of the total liability thereunder as his voting interest in
the Common Area bears to the interest of all the Lot Owners. Every agreement made by the
Board will provide that the members of the Board of Directors are acting only as agents for the
Association, and will have no personal liability thereunder (except as Lot Owners), and that each
Lot Owner's liability thereunder will be limited to such proportion to the total liability thereunder
as its voting interest in the Association bears to the voting interest of all Lot Owners.
ARTICLE VI
MEETING OF DIRECTORS
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Section 6.1.Organizational Meeting. The initial organizational meeting of Board of
Directors will be held within 30 days from the date of the conveyance of the Common Area by
the Declarant to the Association. Notice to the Directors as provided herein will be necessary in
order to legally to constitute such meeting, provided that a quorum will be present.
Section 6.2.Regular Meetings. A regular meeting of the Board will be held
immediately after and at the same place as the annual meeting or substitute annual meeting of the
Association. The Board may provide by adoption of an appropriate resolution for the time and
place within the County in which the Property is located, for other regular meetings of the Board.
Section 6.3.Special Meetings. Special meetings of the Board may be called by or at
the request of the President or by any two Directors. Such meetings may be held at any place
within the County in which the Property is located.
Section 6.4.Notice of Meetings. Regular meetings of the Board of Directors may be
held without notice. The person or persons calling a special meeting of the Board will give actual
notice, oral or written, to all Directors of the time, place and purpose of such meeting at least two
days prior thereto.
Section 6.5.Waiver of Notice. Any member of the Board of Directors may give
written waiver of notice at any time of any meeting of the Board, and such waiver will be
deemed equivalent to the giving of such notice. If all of the members of the Board are present at
any meeting thereof, no notice will be required, and any business may be transacted at such
meeting.
Section 6.6.Quorum. A majority of the number of Directors fixed by these Bylaws
will be required for and will constitute a quorum for the transaction of business at any meeting of
the Board of Directors.
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Section 6.7.Manner of Acting. Except as otherwise provided in this section, the act
of the majority of the Directors present at a meeting at which a quorum is present will be the act
of the Board of Directors. A vote of a majority of the number of Directors fixed by the Bylaws
will be required to adopt a resolution constituting an executive committee.
Section 6.8.Organization. Each meeting of the Board of Directors will be presided
over by the President and in the absence of the President, by the Vice President, and in the
absence of the Vice President, by any person selected to preside by vote of the majority of the
Directors present. The Secretary, or in his or her absence, an Assistant Secretary, or in the
absence of both the Secretary and the Assistant Secretary, any person designated by the presiding
officer of the meeting will act as Secretary of the meeting.
Section 6.9.Informal Action of Directors. Any action taken by the Directors
without a meeting will constitute Board action if written consent to the action in question is
signed by all the Directors and filed with the minutes of the proceedings of the Board, whether
done before or after the action is taken.
Section 6.10.Minutes. The Board, and all committees to which the Board will have
delegated any of its authority, will keep minutes of all of the proceedings of the Board and the
committees.
Section 6.11.Fidelity Bonds. The Board of Directors may at any time in its absolute
discretion require any officer or employee of the Association handling or responsible for
Association funds to be covered by an adequate fidelity bond. The premiums on such bond will
constitute a Common Expense.
ARTICLE VII
OFFICERS
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Section 7.1.Designation. The principal officers of the Association will be a president,
a secretary, a treasurer and such vice presidents, assistant secretaries, assistant treasurers and
other officers as the Board of Directors may from time to time elect. Any two or more offices
may be held by the same person, except that the office of President and Secretary may not be
held by the same person.
Section 7.2.Election and Term. All officers of the Association will be elected by the
Board of Directors, and such elections may be held at the regular annual meeting of the Board;
provided, however, that prior to the first annual meeting, the Declarants will appoint the officers
from among the initial Board.
Each officer will hold office for a period of one (1) year or until his death, resignation,
retirement, removal, disqualification or his successor is elected and qualified.
Section 7.3.Removal. Any officer or agent elected or appointed by the Board of
Directors may be removed by the Board with or without cause. Such removal, however, will be
without prejudice to the contract rights, if any, of the person so removed.
Section 7.4. Compensation. No officer will receive any compensation from the
Association for acting as such, but the Board may reimburse any officer for any direct expenses
incurred by him in the performance of his duties as such officer and such reimbursement will be
a Common Expense.
Section 7.5.President. The President will be the principal executive officer of the
Association and, subject to the control of the Board of Directors, will supervise and control the
management of the Property. The President will, when present, preside at all meetings of the
Board and of the Association, and, in general, will perform all duties incident to the office of the
President and such other duties as may be prescribed from time to time by the Board. The
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President will prepare, execute (with the Secretary), certify, and record amendments to the
Declaration on behalf of the Association.
Section 7.6.Vice President. The Vice President, and if there be more than one, the
Vice Presidents will, in the absence or disability of the President, have the powers and perform
the duties of said office. In addition, each Vice President will perform such other duties and have
such other powers as will be prescribed by the President.
Section 7.7. Secretary. The Secretary will keep accurate records of the acts and
proceedings of all meetings of the Association and of the Board. The Secretary will give, or
cause to be given, all notices required by law and these Bylaws, and the Secretary will have
general charge of the minute books and records of both the Association and the Board. The
Secretary will sign such instruments as may require his signature, and, in general, will perform
all duties incident to the office of Secretary and such other duties as may be assigned to him from
time to time by the President or by the Board of Directors.
Section 7.8.Treasurer. The Treasurer will have custody of all Association funds and
securities and will receive, deposit or disburse the same under the direction of the Board of
Directors. He will keep full and accurate records of the finances of the Association in books
specially provided for that purpose. He will cause a true statement to be prepared as of the close
of each fiscal year setting forth, in reasonable detail, the assets and liabilities of the Association,
the changes in surplus for such fiscal year, and the result of the operations of the Association.
The statement will be filed and kept available for inspection by any Lot Owner for a period of
three (3) years and the Treasurer will mail or otherwise deliver a copy of the latest statement to
each Lot Owner and member of the Board of Directors annually on or before 30 days prior to the
annual meeting of the Association covering the preceding calendar year. The Treasurer will also
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prepare and file all reports and returns required by Federal, State or local laws, and will generally
perform all other duties as may be assigned to him from time to time by the President or the
Board of Directors.
Section 7.9. Assistant Secretaries and Treasurers. The Assistant Secretaries and Assistant
Treasurers, if any, will, in the absence or disability of the Secretary or the Treasurer,
respectively, have all the powers and perform all of the duties of those officers, and they will, in
general, perform all of the duties as will be assigned to them by the Secretary or Treasurer,
respectively, or by the President or Board of Directors.
ARTICLE VIII
OPERATION OF THE PROPERTY
Section 8.1. Determination of Common Expenses and Fixing of Common Expense.
The Board of Directors, from time to time, and at least annually, will prepare a budget to defray
“Common Expenses" (as defined in the Declaration) payable by the Lot Owners and will allocate
and assess the Common Expenses among the Lot Owners thereof as set forth in the Declaration.
The Common Expenses assessed to each Lot will be a lien on that Lot. The budget of the
Association in the discretion of the Board may include, without limitation, amounts for: funding
deficits for any prior year; a reserve for working capital; a reserve for maintenance and
replacement; and a general operating reserve.
Section 8.2.Payment of Common Expenses. All Lot Owners will be obligated to
pay the Common Expenses assessed by the Board of Directors pursuant to the provisions of
Section 8.1 of this Article at such time or times as the Board will determine.
No Lot Owner will be liable for the payment of any part of the Common Expenses
assessed against his Lot subsequent to a consummated sale, transfer or other conveyance by him
(made in accordance with the provisions of the Declaration and applicable restrictions of record)
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of such Lot. A purchaser of a Lot will be jointly and severally liable with the seller for the
payment of the Common Expenses assessed against such Lot prior to the acquisition by the
purchaser of such Lot, without prejudice to the purchaser's right to recover from the seller the
amounts paid by the purchaser therefore. Provided, that a first-lien mortgagee or other purchaser
of a Lot at a foreclosure sale of such Lot will not be liable for, and such Lot will not be subject
to, a lien for the payment of Common Expenses assessed prior to such foreclosure sale, and such
unpaid Common Expenses will be deemed to be Common Expenses collectible from all of the
Lot Owners, including such purchaser, his successors and assigns.
Section 8.3.Collection of Assessments. The Board of Directors will assess Common
Expenses against the Lot Owners from time to time and at least annually and will take prompt
action to collect any Common Expenses due from any Lot Owner which remains unpaid for
more than thirty (30) days from the due date of the payment thereof. In the event of an increase
in such Common Expenses, the Board of Directors will advise each Lot Owner, in writing, of
such increased assessment at least one month prior to the date of which the first increased
payment is due.
Section 8.4.Default in Payment of Common Expenses. In the event of default by
any Lot Owner in paying the Board of Directors the Common Expenses as determined by the
Board, such Lot Owner will be obligated to pay interest at the highest rate permitted by law but
not to exceed twelve percent (12%) per annum on such Common Expenses from the due date
thereof, together with a penalty established by the Board for nonpayment and with all expenses,
including reasonable attorney's fees incurred by the Board in any proceeding brought to collect
such unpaid Common Expenses. The Board will have the right and duty to attempt to recover
such Common Expenses, together with penalties and the interest thereon and the expenses of the
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proceeding, including reasonable attorneys' fees in any action to recover the same brought
against such Lot Owner, or by foreclosure of the lien on such Lot.
Default in payment of the Common Expenses assessed against any Lot will occur thirty
(30) days after the due date thereof, if not then paid.
Section 8.5.Foreclosure of Liens for Unpaid Common Expenses. The Board may
bring a suit to foreclosure on a lien for unpaid assessments. A suit to recover money judgment
for unpaid Common Expenses may be maintainable without foreclosing or waiving the lien
securing the same.
Section 8.6.Statement of Common Expenses. The Board of Directors will promptly
provide any Lot Owner, its grantee to contract purchaser making written request therefore, a
written statement of all unpaid Common Expenses due from such Lot Owner.
Section 87.Rules of Conduct. Rules and Regulations concerning the use of the
Common Area may be promulgated and amended by the Board. Copies of such Rules and
Regulations will be furnished by the Board to each Lot Owner, and all amendments and new
Rules and Regulations will be furnished to Lot Owners prior to the time that amendment or new
rule or regulation becomes effective.
ARTICLE IX
RECORDS AND AUDITS
The Board of Directors will keep detailed records of actions of the Board minutes of the
meetings of the Board of Directors, minutes of the meetings of the Association, and financial
records and books of accounts, including a chronological listing of receipts and expenditures,
which, among other things, will contain the amount of each assessment of the Common
Expenses against each Lot, the date when due, and amounts paid thereon, and the balance
remaining unpaid and Common Expenses paid. The financial record and books of account will
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be available for examination by any Lot Owner or his duly authorized agent or attorney at
convenient hours on working days by prior arrangement with the Board. A report of all receipts
and expenditures of the Association and Property will be rendered by the Board to all Lot
Owners on or before the 90th day following the close of each fiscal year, covering the preceding
year. All books and records will be kept in accordance with generally accepted accounting
principles. A copy of the report will be furnished to all mortgagees of Lots who have requested
the same.
ARTICLE X
OPERATION PRIOR TO INITIAL MEETING OF BOARD
Prior to the first meeting of the initial Board of Directors, all functions of the Association
and of the Board of Directors as herein set forth will be performed and carried out by the
Declarant.
ARTICLE XI
AMENDMENT OF BYLAWS
Section 11.1.Amendment by Owners. Except as provided in Section 11.2 below, these
Bylaws may be amended only by the affirmative vote of the voting members having at least
seventy-five percent (75%) of the aggregate voting interests, cast in person or by proxy at a
meeting duly held in accordance with the provisions of the Bylaws. Such amendment will be
executed in the name of the Association.
Section 11.2.Amendment by the Board. The Board of Directors may amend these
Bylaws without the consent of the Owners:
(a) To correct any obvious error or inconsistency in drafting, typing or
reproduction; and
(b) To conform to the requirements of any law or governmental agency having legal
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jurisdiction over the Property or to qualify the Property or any Lots therein for mortgage or
improvement loans made or insured by a governmental agency, Federal National Mortgage
Association or Government regulations of any corporation or agency regarding purchase of
mortgage interests in Lots by such agency.
No amendments made pursuant to this Section 11.2 will be effective until duly recorded in
the Office of the Register of Deeds of the county in which the Property is located.
ARTICLE XII
CONFLICTS
In case of any conflict between the Articles of Incorporation and these Bylaws, the Articles will
control; and in the case of any conflict between the Declaration and these Bylaws, the
Declaration will control.
Certification:
I, the undersigned, do hereby certify:
THAT I am the duly elected and acting secretary of the Triple Crown Farms Homeowners'
Association, Inc., a North Carolina corporation, and
THAT the foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted
at a meeting of the Board of Directors thereof, held on the ____ day of December, 2017.
(SEAL)
Pamela S. Jones, Secretary
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1
NORTH CAROLINA DECLARATION OF RESTRICTIONS
AND PROVISIONS FOR PRIVATE
ORANGE COUNTY ROAD MAINTENANCE
THIS DECLARATION, made this ____ day of December, 2017, by 16 Parkside Lane, LLC a North Carolina
limited liability company, hereinafter called Declarants, having a mailing address of 2807 Homestead Rd, Chapel Hill,
NC 27516.
PIN#’s
WITNESSETH:
WHEREAS, Declarants own in fee simple the real property described in Article 1 below; and
WHEREAS, the said property will have access to Dairyland Road (SR 1112) via the private roads shown on the
plats hereinafter referred to or on future plats of the Property which are recorded by the Declarant, said private roads
being known as Secretariat Court and Gallant Fox Crossing (hereinafter referred to as private roads); and
WHEREAS, Declarants by this Declaration of Restrictions, wish to bind themselves, their successors and
assigns to provide all owners of any portion of said property owned by Declarants described in Article 1, below perpetual
ingress, egress and regress to State Roads; and
WHEREAS, Declarants by this Declaration of Restrictions, wish to bind themselves, their successors and
assigns to provide for maintenance of said private roads until such time as the said private roads are accepted by the State
of North Carolina for maintenance;
NOW, THEREFORE, Declarants agree for themselves and with any and all persons, firms or corporations
hereafter acquiring any of the property described in Article 1 below, that the same shall be subject to the following
restrictions, conditions, and covenants relating to the use and occupancy thereof, which restrictions, conditions, and
covenants shall run with the said property and insure to the benefit of and be binding upon the heirs, successors and
assigns of Declarants and other acquiring parties and persons.
Article 1. The real property which is, and shall be, held, transferred, sold and conveyed subject to the protective
and restrictive covenants set forth in the various Articles of this Declaration is located in Chapel Hill Township, Orange
County, North Carolina, and is more particularly described as follows:
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Being all of Lot 1 of the Recombination of Don Ann Acres, Inc. consisting of 104.05 acres per Plat Book 94,
Page 99, Orange County Registry. Deed Book 3943, Page 523. Hereinafter referred to as the “Property”.
Declarant shall have the unilateral right to extend any and all of the private road rights of way located within the
Property to and through the Property for the purpose of access, ingress and egress to additional lots created within the
Property according to future plats of the Property which are recorded by the Declarant. Declarant hereby expressly
reserves unto itself, its successors, and assigns, the right without Board, member or Lot owner approval to record
Supplemental Declarations to identify all future plats of the Property which are recorded by the Declarant.
Article 2. Declarants hereby grant unto themselves and the future record owners of the Property adjoining and
abutting the private roads as shown on the aforesaid recorded plat(s) or on future plats of the Property which are recorded
by the Declarant and as said private roads may be extended into the Property, perpetual ingress, egress and regress over,
on and under the said private roads including the use of the roads for the purposes of installation, repair, replacement and
maintenance of utilities.
TO HAVE AND TO HOLD the above-described easement as an appurtenant to all of the Property, which
easement shall run with said Property forever.
Article 3. The roads shall be maintained to Class A road standards as prescribed by Orange County now and as
the same may be revised from time to time.
For so long as Declarants shall be willing and able to serve they shall be responsible for:
1.Determining what maintenance is necessary in order to maintain Secretariat Court and Gallant Fox
Crossing.
2.Contracting repairs and notifying the owners of Lots abutting Secretariat Court and Gallant Fox Crossing
of their respective assessments at least annually; and
3.Estimating the costs of maintenance in advance, and depositing the funds received in a separate account,
the records of which shall be available for inspection by any owner subject to assessment.
If at any time Declarants are unable or unwilling to provide for the maintenance of said road, the owners of the
subdivided lots as shown on the recorded plats herein before referred to shall be responsible for maintenance as herein
provided. Any owner of a subdivided lot within said Property served by said roads or the owner of any interest therein,
shall have the right to enforce the maintenance standard by sending by registered or certified mail, return receipt
requested, written notice of all proposed maintenance and of the time and place of a meeting of the said record owners
(said meeting to take place no less than 10 days following the mailing of such notice) to all such record owners at their
last known addresses as shown on the Orange County Tax Records.
At such owners’ meeting all maintenance shall be approved in the manner proscribed and in accordance with the
provisions contained in the Restrictive Covenants recorded in Book ______, Page _______, Orange Country Registry.
Every owner of any of the aforesaid Property shall bear on a pro-rata basis the cost of maintaining said private
roads, this being each owner’s pro-rata share for grading costs, asphalt, gravel, or rock hauled in to fill ruts, holes, and
washed-out sections and necessary replacement of or additional drainage culverts.
Each owner’s pro-rata share of the maintenance costs of said private roads shall be the total cost of maintenance
multiplied by said owner’s votes and divided by the total of all the owners’ votes within the Property. Each owner’s pro-
rata share of the maintenance cost of said private roads shall be due and owing to the Triple Crown Farm Homeowners
Association, Inc., within ten (10) days of the said owners’ meeting. If not paid by that time, the Triple Crown Farm
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Homeowners Association, Inc., may file suit for the same on behalf of all of the owners in the manner proscribed and in
accordance with the provisions contained in the Restrictive Covenants.
Notwithstanding the vote at the owners’ meeting, nothing in this Declaration of Restrictions shall be construed as
denying any owner the right to see that the said roads are maintained to Class A standards. Any owner may require that
the maintenance requirements be submitted to binding arbitration under the rules and regulations of the American
Arbitration Association (as governed by the Uniform Arbitration Act of North Carolina, North Carolina General Statutes
Section 1.567.1 et seq, as it may be from time to time amended) by notice mailed to all said record owners at their last
known addresses by registered or certified mail, return receipt requested, by 5:00 p.m. on the second working day
following the owners’ meeting. Unless such arbitration notice is timely and correctly sent, the vote of the majority of the
owners shall be conclusive as to what maintenance shall be mandated by this Declaration of Restrictions.
Article 4. The private roads located within said Property may be dedicated to the public at the election of the
Declarant. In that event, the owners and their successors in title and interest to any of the Property shall remain
responsible for road maintenance until such time as the private roads are taken over by the North Carolina Department of
Transportation or other governmental body.
It is possible that future development of the Property will require upgrading of the private roads providing access
to the Property to either a higher private road standard or to North Carolina Department of Transportation standards. In
the event that Orange County or any other governmental body, as a condition to the approval of any further subdivision of
the Property, may require said private roads to be upgraded above a Class A standard or publicly dedicated and
constructed to Department of Transportation standards, then in that event, Declarants and all persons taking title to the
Property shall be responsible for maintenance and the costs of maintenance of the entire road system to the new standard
on the point system described in Article 3. Provided, however, that the initial cost of construction the roads or any
portion of the roads to a higher private road standard or to Department of Transportation standards shall be borne solely
by the owners of the portion of said property, the subdivision of which requires that the road or any portion of it be
upgraded. The cost of construction the road or any portion of it to a higher private road standard or to Department of
Transportation Standards shall be borne by the owners responsible for the upgrading according to the system described in
Article 3. In the event public dedication of the said private roads or any extension of the private road or portions thereof
is required by Orange County, all persons taking title to the Property from and through Declarants shall dedicate to the
public that portion of the road required to be dedicated.
Article 5. In the event that extensions are made to the private roads within the Property, or to other property, or
for utility access to other property, the costs of maintaining the entire road system shall be borne by all the record owners
of any property served by the entire road system as set forth in Article 3; provided, however, that the initial costs of
constructing any extension of the roads shall be borne solely by the owners of the portion of said property abutting said
road extension as they may agree, or if they do not agree, then among them by the same point system as set out above.
Article 6. This Agreement shall remain in full force and effect as to said roads or any portion thereof until such
time as said roads or any portion thereof shall be taken over by the North Carolina Department of Transpiration for
maintenance purposes, and any portion of said roads not so taken over by the North Carolina Department of
Transportation shall remain subject to this Agreement. Declarants accept all liability related to the use and maintenance
of said roads and agree to hold Orange County and the State of North Carolina harmless from such liability. Declarants
acknowledge that some public services may not be provided to the lots abutting the said private roads due to the private
nature of said roads.
Article 7. This Agreement is to govern the maintenance of said roads when subject to ordinary use. If any
owner liable under this Agreement shall cause any extraordinary wear and tear on said road by building, well drilling, or
other heavy use, said owner shall be responsible to pay such extraordinary cots of maintenance as is caused by said use.
If the responsibility for such extraordinary cots of maintenance is not agreed between the owners at an owners’ meeting
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called under the provisions of Article 3 above, the responsibility for said cost shall be subject to binding arbitration as set
out in Article 3 above.
Article 8. This Agreement shall run with and be appurtenant to the land and shall be binding upon the heirs,
successors, and assigns of each record owner of the Property. When used in this Agreement, the singular shall include
the plural, the masculine shall include the feminine and the neuter, and vice versa, as the meaning may require.
IN WITNESS WHEREOF, Declarants have caused this instrument to be signed and sealed on the day and year first
written above.
16 Parkside Lane, LLC
By: ______________________________
Alan Daniel Jones, Manager
NORTH CAROLINA
_____________COUNTY
I, a Notary Public of said State and County, do hereby certify that Alan Daniel Jones, Manager, personally
appeared before me this day and acknowledged the due execution of the foregoing Declaration of Restrictions and
Provisions for Private Road Maintenance.
Witness my hand and notarial seal, this _____ day of ________________, 2017.
_____________________________
Notary Public
My Commission Expires:_____________________________
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Resolution #:______________
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date: April 3, 2018
Name of Subdivision: Triple Crown Farms
Owner/Applicant: 16 Parkside Lane, LLC
C/o Danny Jones
2807 Homestead Road
Chapel Hill, NC 27516
Consultants/Agent(s): Peter Bellantoni, PE
Pennoni Associates, Inc.
401 Providence Road, Suite 200
Chapel Hill, NC 27514
The Board of County Commissioners hereby approves the revised Triple Crown Farms
Preliminary Subdivision Plat, dated December 12, 2017, containing the following:
19 lots slated for single-family residential development with a density of one (1)
dwelling unit per every 5.4 acres of land area;
2 paved private roadways, tentatively named “Gallant Fox Crossing” and
Secretariat Court” constructed to private road standards per Section 7.8 of the
UDO;
The preservation of 38.53 acres of Primary and Secondary open space as
denoted on the Preliminary Plat;
A 30-foot wide roadside buffer along Dairyland Road (SR1112) and Triple Crown
Drive; and
A 100-foot wide perimeter building setback around the exterior perimeter of the
project.
Per the Orange County Unified Development Ordinance (UDO) the applicant shall
construct, maintain and/or improve all Common Open Space areas until such time as it
is accepted for ownership and maintenance by a recorded Homeowner’s Association
(HOA).
Before the Final Plat of Triple Crown Farms can be approved by the Planning
Department and recorded within the Orange County Registrar of Deeds office the
following conditions shall be addressed:
Attachment 9
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A. Declaration of Restrictions
1. The Orange County Planning Department shall author a Declaration of
Restrictions (hereafter ‘the document’) establishing and describing the
various development restrictions, standards, conditions, and requirements
associated with development of, and within, the project.
The document shall be recorded concurrently with the Final Plat and
approved, as to form and content, by the applicant and the County
Attorney.
2. The document is not intended to serve, supplant, or take the place of any
document recorded by the applicant establishing local homeowner
covenants, or deed restrictions enforced by either the applicant or an
established homeowners association.
B. Sewage Disposal
1. Each residential lot shall contain an adequate area for septic disposal and
repair area, approved by the Orange County Division of Environmental
Health.
2. The septic system location may restrict the size and location of
improvements.
The document shall contain this statement and further indicate information
regarding the tentative location of septic systems is available from the
Orange County Health Department, Division of Environmental Health.
Each lot that does not contain a suitable building site shall be designated
both on the Final Plat and by instrument recorded in the Orange County
Registrar of Deeds as restricted for development potential as set forth in
the UDO.
3. The owner/applicant shall not destroy trees located within identified land
use buffers, stream buffers, open space areas, or tree protection areas
denoted on the Final Plat for the installation of on-site waste disposal
system drain or repair fields.
4. No septic system shall be located within a required stream buffer as
detailed within the UDO.
5. The Owners shall include in the restrictive covenants provisions requiring
each lot owner to have the septic system serving their lot inspected by a
licensee of the North Carolina On-Site Wastewater Contractors and
Inspectors Certification Board, who is properly registered to perform such
inspections within Orange County, no less than one (1) time in every five
(5) year period (unless inspections are required more often by rule or
regulation of the Orange County Health Department) and to have the
system pumped if recommended by the inspector.
Payment for the inspections required under this condition shall be the
responsibility of the individual lot owner or the homeowner’s association
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as established by the governing Homeowner’s Association declaration.
These provisions shall be in a form approved by the County Attorney.
C. Wells
1. Each residential lot shall contain an adequate area for the development of
a well to provide potable water supporting development of the property as
approved by the Orange County Division of Environmental Health.
D. Roads and Access
1. The roads Secretariat Court and Gallant Fox Crossing shall be a minimum
of 18 feet wide and paved to the standards set forth in Section 7.8 of the
UDO.
Each public roadway, as well as the proposed stormwater management
system, shall be located within a minimum 50-foot right-of-way, with 5-foot
utility easements on each side. Construction shall be inspected and
approved by NCDOT.
OR
A Letter of Credit or escrow agreement shall be submitted to secure
construction of the aforementioned roadways to the standards Section
Section 7.4 of the UDO.
An estimate of the construction cost must be prepared by a
certified/licensed engineer or grading contractor and submitted to the
Planning and Inspections Department. The financial guarantee must
reflect 110% of that estimate and be issued by an accredited financial
institution licensed to do business in North Carolina.
In this instance, the document shall state posted financial guarantee(s)
will not be released until the road construction has been inspected and
approved by Orange County.
2. All lots shall receive access from the above private roads or Triple Crown
Drive. No driveway access for any of the lots shall be permitted off of
Dairyland Road.
3. The approved Erosion Control and Stormwater Management Plan for
construction for the aforementioned roadways shall be continued and
coordinated with the Orange County Erosion Control Division to ensure
the appropriate design, requirements and standards are met.
4. Approved double-bladed street name signs shall be erected at the
intersections of public and private streets prior to Planning Department
signatures on the Final Plat or prior to issuance of any building permit if
road construction is secured by letter of credit as described herein.
5. Prior to any construction or alteration of any existing access within the
right-of-way of Triple Crown Drive, the owner/applicant shall secure a
driveway permit from the NCDOT District Office.
The owner/applicant shall submit a copy of the NCDOT-approved permit
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and NCDOT approval letter to the Planning Department prior to, or at the
same time as, the request for a grading permit is made, or before
Planning Department signatures are affixed on the Final Plat, whichever is
first.
6. Sight triangles (10’ x 70’) shall be shown on the Final Plat at the
intersection with each of the aforementioned roadways and Triple Crown
Drive.
E. Land Use Buffers and Landscaping
1. The 30-foot wide “Type B” land use buffer along Dairyland Road and
Triple Crown Drive, as identified on the approved Preliminary Plat. These
buffers shall be maintained and/or preserved in perpetuity in accordance
with the provisions of Section 6.8 of the UDO.
2. Trees within the tree protection area(s) denoted on the approved
Preliminary Plat shall be preserved as proposed by the applicant.
3. Provision for protection of existing trees shall be included in the Final Plat,
as well as the recorded Declaration of Restrictions as prepared by the
Orange County Planning Department.
4. Clear cutting or other removal of any trees or other vegetation on
individual lots is prohibited as specified within the UDO. This requirement
shall be further evidenced within the subdivision’s recorded Declaration of
Restrictions and the Final Plat.
5. The Landscape Plan shall detail required tree plantings along common
property lines for each of the 19 proposed lots. Development of each
individual lot shall necessitate the submittal of a landscape plan providing
documentation on the installation and/or preservation of existing
vegetation to comply with established landscaping requirements detailed
within the UDO.
6. The stream buffer areas denoted on the approved Preliminary Plat shall
be left in an undisturbed, natural state with the exception of approved
pedestrian bridge(s) and accompanying pedestrian pathway(s) installed
consistent with the parameters of the UDO.
F. Drainage
1. The applicant shall finalize its approved stormwater management and
erosion control permits.
2. Drainage easements shall be located on the Final Plat as required
following review and approval of the stormwater management plan by
Erosion Control staff.
3. Drainage culverts shall be sized and located appropriately, as required by
Orange County.
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G. Emergency Services
1. The developer shall continue work between property owners, NCDOT and
the Orange County Fire Marshal to ensure that adequate
access/maintenance of fire water source(s) and suppression devices (e.g.
fire hydrants) has been obtained.
H. Parkland
1. At the time of recordation of the Final Plat, the applicant shall pay to
Orange County $8,645.00 ($455.00 times 19 lots) payment-in-lieu-of-
parkland dedication fee.
I. Construction Waste
1. Per Orange County Ordinance, clean wood waste, scrap metal and
corrugated cardboard and all present construction waste, must be
recycled.
2. Per Orange County Ordinance, all haulers of construction waste must be
properly licensed.
3. Prior to any demolition or construction activity on the site the applicant
shall hold a pre-demolition/pre-construction conference with the County’s
Solid Waste staff. This may be the same meeting held with other
development officials.
J. Miscellaneous
1. The Final Plat shall contain a title block and vicinity map in accordance
with the UDO.
2. The open space shall be conveyed into the Homeowner’s Association
before Planning Department signatures are affixed to the final plat.
3. Tree cutting in the delineated land use buffers along the perimeter of the
project as well as Dairyland Road is prohibited except for necessary
maintenance purposes, which has to be approved by County staff prior to
any such tree cutting taking place.
4. Tree cutting/disturbance of flora within identified stream buffers shall be
permitted only as detailed within the Orange County Unified Development
Ordinance.
5. If street lighting is proposed, then a lighting plan shall be submitted to the
Planning Department for review and approval prior to purchase of lighting
fixtures from the utility provider.
Any lighting shall meet the Outdoor Lighting Standards as set forth in the
UDO.
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6. Methods of disposal of trees, limbs, stumps and construction debris
associated with construction activity shall be by some method other than
open burning as required in the UDO.
7. The developer shall submit and record with the Final Plat and Declaration
of Development Restrictions the following documents:
a. A Private Road Maintenance Agreement (RMA), which shall include
language that assigns maintenance responsibility and costs for the
private roads (including stream crossings) to the HOA.
b. A Disclosure Statement for all future owners that recognizes the nature
of private roads and the costs; and states that converting these roads
to public roads would require significant design, cost and permitting by
the homeowners.
K. Certifications
1. A Certificate of Survey and Accuracy signed by a Professional Land
Surveyor shall be notarized on the face of the Final Plat.
2. A Certificate of Declaration and Maintenance in the form provided in the
UDO signed by the landowner and developer shall be on the face of the
plat and included in a document describing development restrictions to be
recorded concurrently with the Final Plat.
3. A licensed Civil Engineer shall certify that the private roads were built as
generally indicated on the Preliminary Plat.
4. A Certificate of Approval signed by the Orange County Planning and
Inspections Department shall appear on the face of the Final Plat.
5. All other required certificates detailed within the UDO, applicable to the
project, shall be placed on the Final Plat for signature.
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that the revisions to the Preliminary Plan for Triple Crown Farms are
approved in accordance with the above mentioned conditions and attached Preliminary
Plat dated ___________________.
Upon motion of Commissioner ___________, seconded by Commissioner
__________, the foregoing resolution was adopted this the _____ day of ________,
2018.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
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much of the proceedings of said Board at a meeting held on ______________, 2018 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No. _____________ of the minutes of said Board.
WITNESS my hand and the seal of said County, this _____ day of ________, 2018.
____________________________________
Clerk to the Board of Commissioners
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