HomeMy WebLinkAboutRES-2019-033 Resolution of approval for the Fairway Hills preliminary plat Attachment 7
Resolution # : RES - 2019 - 033
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date : June 4 , 2019
Name of Subdivision : Fairway Hills
Owners : Beth Porter and Thomas Bradford
11810 Wakehurst Drive
North Chesterfield , VA 23236
Applicants ) / Developers : Old NC 86 Partners , LLC
C / o Jim Parker
504 Meadowland Drive
Hillsborough , NC 27278
Consultants : Summit Design and Engineering Services
C / o Tim Smith , PE
504 Meadowland Drive
Hillsborough , NC 27278
The Board of County Commissioners hereby approves the Fairway Hills Preliminary
Subdivision Plat , dated April 24 , 2019 , containing the following :
• 20 lots slated for single - family residential development with a gross density of
one ( 1 ) dwelling unit per every 2 . 1 acres of land area ;
• Two paved public roadways , tentatively named " Birdie Lane " and " Bogie Court"
Court" constructed to NC DOT standards ;
• The preservation of 15 . 54 acres of Primary and Secondary Common Open
Space as denoted on the Preliminary Plat ;
• A 75400t wide Type " E " landscaped buffer along US Highway 70 East ;
• A 100400t wide perimeter building setback around the northern , eastern and
western exteriors of the project ,
• A 120400t wide building setback along frontage with US Highway 70 East ;
• 30400t front and 20400t side / rear setbacks for individual lots ;
• Two Stormwater Control Measures ( SCMs ) ;
• A 50400t well and septic setback around the exterior of the project ; and
• A 5400t wide right - of-way reservation along the existing right - of-way of US
Highway 70 East ;
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 Homeowner' s Association ( HOA ) .
Before the Final Plat of Fairway Hills can be approved by the Planning Department and
recorded within the Orange County Registrar of Deeds office the following conditions
shall be addressed .
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 . Residential lots shall contain adequate reserved areas for individual on -
site or off- site septic disposal and repair areas . These areas shall
ultimately be reviewed , approved and permitted by the Orange County
Division of Environmental Health .
2 . The septic system locations 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
stream buffers , Primary Common Open Space areas , or tree protection
areas denoted on the Final Plat for the installation of on - site or off- site
waste disposal systems 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
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 reserved for the
development of a well to provide potable water supporting development of
the property as ultimately reviewed , approved and permitted by the
Orange County Division of Environmental Health .
D . Roads and Access
1 . The roads Birdie Lane and Bogey Court shall be a minimum of 20 feet
wide and paved to NC DOT standards .
Each public roadway , as well as the proposed stormwater management
system to support the roads , shall be located within a minimum 50400t
right- of-way . 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 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 public roads . No driveway
access for any of the lots shall be permitted off of US Highway 70 East .
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 bonded for or erected
at the intersections of public 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 . The Owner/Applicant shall submit a copy of the NC DOT - approved permit
and NC DOT 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 US Highway
70 East .
E . Land Use Buffers and Landscaping
1 . The 75 -foot wide " Type E " land use buffer along US Highway 70 East , 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 . Existing vegetation credited toward
the required buffer rates shall be inspected by Planning Staff prior to
recordation of the Final Plat/
2 . Trees within the tree protection area ( s ) denoted on the approved
Preliminary Plat shall be preserved as proposed by the applicant .
3 . Provisions for the 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 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 .
6 . The stream buffer areas denoted on the approved Preliminary Plat shall
be left in an undisturbed , natural state with the exception of approved
utilities , 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 .
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 20 lots with credit for one
existing lot/ residence given ) 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 . 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 .
4 . 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 . A licensed Civil Engineer shall certify that the public 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 Preliminary Plat for Fairway Hills is approved in accordance
with the above mentioned conditions and attached Preliminary Plat dated April 24 ,
2019 .
A
U n motion of Commissioner ° seconded by Colwissioner
/ the foregoing resolution was adopted this the C day of
g 9 ,.
2019 .
I , Donna S . Baker , Clerk to the Board of Commissioners for the County of
Orange , North Carolina , DO HEREBY CERTIFY that the fo going is a true copy of so
much of the proceedings of said Board at a meeting held on I V , 2019 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 m hand and the seal of said County , this day of v , 2019 .
Y Y Y
Clerk to the board of Commissioners